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HomeMy WebLinkAbout2007-05-01• Revised 5-01-07 AM Revised 5-01-07 PM r ,~.' ~ 1 c / ~~ ,~' CITY OF RI `~ ~ ` - IDAHO Y" '~ C~a,~_ R Y ~-~A ~TREASUREV~ '-SINCE 1903 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, May 1, 2007, at 7:00 p.m. `Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." 1. Roll-call Attendance: _~ David Zaremba ~ Joe Borton Charlie Rountree ~ Keith Bird _~ Mayor Tammy de Weerd 2. Pledge of Allegiance: c~ra~~H' /1.tLka2ddv~rr 3. Community Invocation by Pastor Bud Henthorn with Meridian Gospel Tabernacle: 4. Adoption of the Agenda: w77'~-yam 5. Consent Agenda: `i'r'~''~ h`' A. Approve Minutes of April 3, 2007 Pre-Council Meeting: G•~j'~~- B. Approve Minutes of April 10, 2007 Pre-Council Meeting: ~~~ we C. Approve Minutes of April 10, 2007 City Council Regular Meeting: ~j~r,ow D. Findings of Fact and Conclusions of Law for Approval: AZ 07- 003 Request for Annexation and Zoning of 1.0 acres from RI (Ada County) to L-O (Limited Office) and R-8 zones (Medium Density Residential), for Grau Subdivision by Stanley Consultants - 4135 West Cherry Lane: ~y,J,~~.~- E. Findings of Fact and Conclusions of Law for Approval.: PP 07- 005 Request for Preliminary Plat approval of 1 office lot in the Meridian City Council Meeting Agenda -May 1, 2007 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • • Revised 5-01-07 AM Revised 5-01-07 PM proposed L-0 zone, and 3 single family residential lots in the proposed R-8 zone on 1.0 acres, for Grau Subdivision by Stanley Consultants - 4135 West Cherry Lane: ~~-~,..o~- F. Findings of Fact and Conclusions of Law for ApprovaF: VAR 07-005 Request for a Variance to UDC 11-2D-4 to allow the proposed building to be setback from the street and Variance to UDC 11-3C-6 to allow for a reduction in size of the required parking pad for Barnes Home Business by Nathan Barnes - 35 East Ada Street: •~~,y.. s~ G. Findings of Fact and Conclusions of Law for Approval in C-C zone: AZ 07-002 Request for Annexation and Zoning of 0.42 of an acre from R1 to C-G zone for the property located at 1970 North Meridian Road for Hartz Music Shop by Hartz Music Shop -east side of North Meridian Road & north of East Fairview Avenue: ~7''~''"'°•w H. Findings of Fact and Conclusions of Law for Approval in C-C zone: RZ 07-003 Request for a Rezone of 0.38 of an acre from L- O to C-G zone for the property located at 1990 North Meridian Road for Hartz Music Shop by Hartz Music Shop -east side of North Meridian Road & north of East Fairview Avenue: ~.^-~-- I. Development Agreement: AZ 06-062 Request for Annexation and Zoning of 1.12 acres from RUT to a C-C zone for Woyd Annexation by Kendall Hoyd -east of North Meridian Road and north of East Fairview Avenue: ~7~° ~- J. Approve New Beer and Wine License Applications for Pinnacle Coffee, LLC dba Tully's Coffee at 3340 North Eagle Road: o~r+~n~.•~~-~- K. Approve New Beer and Liquor Licenses for Bobby Showers dba Muggsy's at 501 South Main Street: ~c~rww` L. Approve Beer License Transfer from Rockv Mountain Pizza Huts, Inc. to NPC International,. Inc. for Pizza Hut at 1752 West Cherry Lane: ~,~,~,,,,.~- M. Approve Beer License Transfer from Rockv Mountain Pizza Huts, Inc. to NPC International, Inc. for Pizza Hut at 675 South Progress Avenue: p~.~,+cwc~ N. Approve Beer License Renewals for Pizza Hut at 1752 West Cherry Lane and 675 South Progress Avenue: ti~,~,,~, Meridian City Council Meeting Agenda -May 1, 2007 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • • Revised 5-01-07 AM Revised 5-01-07 PM O. A royal of Award of RFP #IT 07-001 Stora a Area Network Solution: ~,,. _ ~~,,,,r/ P. Approve Contract for the Biosolids SCADA Programmin4 with DC Engineering,. Inc. for $81,500: Q. Approve Contract for the Effluent Line Foam Evaluation with Brown and Caldwell, Inc. for $8,600: ~~'~,'""''` R. Agreement for Professional Services with Parametrix for design of water and sewer improvements in conjunction with ACRD intersection of Meridian and McMillan Project not to exceed $11,000: S. Ratification of Actreernent with AQUa Aerobic Systern, Inc. in the amount of $719.,007.00: ~,~,,,. T. Approve Lease Agreements with Xerox for two {2), three (3) year leases for two Copier /Fax machines for Wastewater Department with base monthly fees of $230.68 and $473.29.: G~~. 6. Department Reports.: A. Finance /Purchasing Department: 1. Approval of Award of RFP #PW-07-002 Large Format Multifunctioning Color Printing, Copying, and Scanning Solution: ~ P~vbl~2 Gvorlc d 7. Items Moved from Consent Agenda: 8. FP 07-011 Request for approval for 14 commercial building lots in a C-G zone for CentrePointe Subdivision No. 2 by Winston H. Moore - Northwest Corner of Ustick Road and Eagle Road.: C,n.~,~-,,,;~, ~ S-l.S-o7 9. Continued Public Hearing from April 10, 2007: PP 07-004 Request for Preliminary Plat approval of 16 residential lots (proposed to contain 64 multi-family units) and 3 common lots on 5.7 acres in an L-O zone for Doubletree Subdivision by Ron Babneau - 1105 West Pine Street: 10. Continued Public Hearing from April 10, 2007: CUP 07-002 Request for a Conditional Use Permit approval to construct a multi-family development consisting of 64 multi-family dwelling units (4 plexes) on 16 Meridian City Council Meeting Agenda -May 1, 2007 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. i Revised 5-01-07 AM Revised 5-01-07 PM lots in an L-O zone for Doubletree Subdivision by Ron Babneau - 1105 West Pine Street: ~~~~ ~~~~ ~~,C ~ ~y,.oc,.c, 11. 1St Reading -Ordinance No. ~ 7~ l ~ l/ Ordinance Regarding Parking on Streets., Alleys, and Public Property (1~of 3 Readings): 12. Ordinance No. ~ 7-~317i AZ 06-062 Request for Annexation and Zoning of 1.12 acres from RUT to a C-C zone for Hoyd Annexation by Kendall Hoyd -east of North Meridian Road and north of East Fairview Avenue: ~~"r''"'v~c. 13. Ordinance No. ~ ~~ ~~ ~3 AZ 06-047 Request for Annexation and Zoning of 5.3 acres from RUT to L-O zone for Waverly Place Subdivision by Vacation Village Villas, LLC - 2510 East Magic View Court:- "'~''Y~''e-~t. 14. Ordinance No. ~ ~- l3l ~ AZ 06-057 Request for Annexation and Zoning of 9.91 acres from RUT to an R-15 zone for Jericho Subdivision by Heron River Development, LLC - 6055 & 6185 North Jericho Road: ,e ~~,r,,~,w.~. 15. Executive Session per Idaho State Code 67-2345(1) (c) - (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency): Meridian City Council Meeting Agenda -May 1, 2007 Page 4 of 4 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. ~le~ 1~s~ ~O,- I~Ub~ ~ lU~`~l =moo 1 f _.~ ,~' CITY OF R~ ~ " - ~_i~/teYlG~ll~"Yl ~~ ~'~v IDAHO s ~C ~ER ~' TREASURE ~~~ 19x1 CITY C®UNC1L REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue., Meridian, Idaho Tuesday, May 1, 2007, at 7:00 p.m. 1. `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." RoIF-call Attendance: David Zaremba Charlie Rountree 2. 3. Pledge of Allegiance: Joe Borton Keith Bird Mayor Tammy de Weerd Community Invocation by Pastor Bud Henthorn with Meridian Gospe Tabernacle: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of April 3, 2007 Pre-Council Meeting: B. Approve Minutes of April 10, 2007 Pre-Council Meeting: C. Approve Minutes of April 10, 2007 City Council Regular Meeting: D. Findings of Fact and Conclusions of Law for Approval: AZ 07- 003 Request for Annexation and Zoning of 1.0 acres from RI (Ada County) to L-O (Limited Office) and R-8 zones (Medium Density Residential), for Grau Subdivision by Stanley Consultants - 4135 West Cherry Lane: E. Findings of Fact and Conclusions of Law for Approval..: PP 07- 005 Request for Preliminary Plat approval of 1 office lot in the Meridian City Council Meeting Agenda -May 1, 2007 Page 1 of 4 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. • proposed L-O zone, and 3 single family residential lots in the proposed R-8 zone on 1.0 acres, for Grau Subdivision by Stanley Consultants - 4135 West Cherry Lane: F. Findings of Fact and Conclusions of Law for Approval: VAR 07-005 Request fora Variance to UDC 11-2D-4 to allow the proposed building to be setback from the street and Variance to UDC 11-3C-6 to allow for a reduction in size of the required parking pad for Barnes Home Business by Nathan Barnes - 35 East Ada Street: G. Findings of Fact and Conclusions of Law for Approval in C-C zone: AZ 07-002 Request for Annexation and Zoning of 0.42 of an acre from R1 to C-G zone for the property located at 1970 North Meridian Road for Hartz Music Shop by Hartz Music Shop -east side of North Meridian Road & north of East Fairview Avenue: H. Findings of Fact and Conclusions of Law for Approval in C-C zone: RZ 07-003 Request for a Rezone of 0.38 of an acre from L- O to C-G zone for the property located at 1990 North Meridian Road for Hartz Music Shop by Hartz Music Shop -east side of North Meridian Road & north of East Fairview Avenue: I. Development Agreement: AZ 06-062 Request for Annexation and Zoning of 1.12 acres from RUT to a C-C zone for Hoyd Annexation by Kendall Hoyd -east of North Meridian Road and north of East Fairview Avenue: J. Approve New Beer and Wine License Applications for Pinnacle Coffee, LLC dba Tullv's Coffee at 3340 North Eagle Road: K. Approve New Beer and Liquor Licenses for Bobby Showers db"a Muggsy's at 501 South Main Street: L. Approve Beer License Transfer from Rockv Mountain Pizza Huts,. Inc. to NPC International, Inc. for Pizza Hut at 1752 West Cherry Lane.: M. Approve Beer License Transfer from Rockv Mountain Pizza Huts, Inc. to NPC International, Inc. for Pizza Hut at 675 South Progress Avenue: N. Approve Beer License Renewals for Pizza Hut at 1752 West Cherry Lane and 675 South Progress Avenue: Meridian City Council Meeting Agenda -May 1, 2007 Page 2 of 4 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. • O. Approval of Award of RFP #IT 07-001 Storage Area Network Solution: P. Approve Contract for the Biosolids SCADA Programming with DC Engineering, Inc. for $81,500: Q. Approve Contract for the Effluent Brown and Caldwell, Inc. for $8,600: R. Agreement for Professional Services with Parametrix for design of water and sewer improvements in conjunction with ACHD intersection of Meridian and MclVlillan Project not to exceed $11,000: S. Ratification of Agreement with AQUa Aerobic System, Inc. in the amount of $719,007.00: 6. Department Reports:: A. Finance /Purchasing Department: 1. Approval of Award of RFP #PW-O7-002 Large Format Multifunctioning Color Printing, Copying, and Scanning Solution..: 7. Items Moved from Consent Agenda: 8. FP 07-011 Request for approval for 14 commercial building lots in a C-G zone for CentrePointe Subdivision No. 2 by Winston H. .Moore - Northwest Corner of Ustick Road and Eagle Road: 9. Continued Public Hearing from April 10, 2007: PP 07-004 Request for Preliminary Plat approval of 16 residential lots (proposed to contain 64 multi-family units) and 3 common lots on 5.7 acres in an L-O zone for Doubletree Subdivision by Ron Babneau - 1105 West Pine Street: 10. Continued Public Hearing from April 10, 2007: CUP 07-002 Request for a Conditional Use Permit approval to construct a multi-family development consisting of 64 multi-family dwelling units (4 plexes) on 16 lots in an L-O zone for Doubletree Subdivision by Ron Babneau - 1105 West Pine Street: Meridian City Council Meeting Agenda -May 1, 2007 Page 3 of 4 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. • • 11. 1St Reading -Ordinance No. Ordinance Regardins Parkins on Streets, Alleys, and Public Property (9S o 3 Readings): 12. Ordinance No. AZ 06-062 Request for Annexation and Zoning of 1.12 acres from RUT to a C-C zone for Hovd Annexation by Kendall Hoyd -east of North Meridian Road and north of East Fairview Avenue: 13. Ordinance No. AZ 06-047 Request for Annexation and Zoning of 5.3 acres from RUT to L-O zone for Waverly Place Subdivision by Vacation Village Villas, LLC - 2510 East Magic View Court: 14. Ordinance No. AZ 06-057 Request for Annexation and Zoning of 9.91 acres from RUT to an R-15 zone for Jericho Subdivision by Heron River Development, LLC - 6055 & 6185 North Jericho Road: 15. Executive Session per Idaho State Code 67-2345(1) (c) - (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency): Meridian City Council Meeting Agenda -May 1, 2007 Page 4 of 4 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 Meeting May 1, 2007 The regular meeting of the Meridian City Council was called to order at 7:13 P.M., Tuesday, May 1, 2007, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, David Zaremba, Keith Bird, Charlie Rountree and Joe Borton. Others Present: Ted Baird., Will Berg, Anna Canning., Bill Musser, Bill Johnson, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Charlie Rountree X X Joe Borton X Keith Bird Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and call the meeting to order. It is Tuesday, May 1st. It's 7:13. Thank you all for being here tonight. I will open this meeting with roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance: De. Weerd: Okay. Item 2. We will be led in the .pledge tonight by Garrett. And if you will all raise and join us in the pledge. (Pledge of Allegiance recited) De Weerd: Thank you, Garrett. Hey, Garrett, if I could, I would like to give you a couple of things. I don't know what kind of candy you might like -- if it's okay with your mom. And I have a City of Meridian pin for you and -- Rountree: Here, I've got stuff I don't need. You're not done yet. De Weerd: There is more. He's got better candy than I do. Thank you, Garrett. And., Bud, you don't get candy. Item 3: Community Invocation by Pastor Bud lienthorn with Meridian Gospel Tabernacle: • Meridian Ciry Council May 1, 2007 Page 2 of 19 De Weerd: Item 3 is our community invocation. We will be led tonight by Pastor Bud Henthorne with the Meridian Gospel Tabernacle.. If you will all join us in the Community Invocation or take this as an opportunity for a moment of reflection. Pastor. Henthorne: And the Lord bless you anyway. De Weerd: Okay. I'll give you candy. Henthorne: God, we are a grateful people. We have much to be thankful for. We ask tonight that you would bless the men of this Council. We ask you would bless our Mayor. Bless their families, who are doing without them this evening, so that they can take on the challenges that face this community. We ask, Lord, that you would bless each and every one that're in attendance here tonight. Bless them with your peace. Bless them with a sense of your love and your grace.. We ask, Lord God that out of this place would flow those rivers of living water that your word talks about. That everywhere that water goes, God, we pray that your blessing would be manifest. We thank you., God,, for the testimony of our young people tonight. Thank you for the Mayor's Youth Council. We ask, God, that you would just pour out good things on them the way our city leaders have just poured out good things on this young man tonight. We are reminded., Lord., that like him we are your children and you delight in giving good gifts to those you love. We thank you again and we ask for your presence to be here with us in Jesus' name, amen. Item 4: Adoption of the Agenda: De Weerd: Bud, I have some candy here for you. I won't tell your wife. Thank you for being here tonight. Item No. 4 is adoption of the agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: On the agenda we have some ordinance numbers to include. Item 11 will be Ordinance No. 07-1311. Item 12 will be Ordinance No. 07-1312. Item 13 will be Ordinance No. 07-1313. And Item 14 will be Ordinance No. 07-1314. And unless there are objections from somebody, I move we adopt the agenda with those ordinances noted. Rountree: Second. De Weerd: Okay. I have a motion and a second to adopt the agenda as presented.. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Meridian City Council May 1, 2007 Page 3 of 19 Item 5: Consent Agenda: • A. Approve Minutes of April 3, 2007 Pre-Council Meeting: B. Approve Minutes of April 10, 2007 Pre-Council Meeting.: C. Approve Minutes of April 10, 2007 City Council Regular Meeting: D. Findings of Fact and Conclusions of Law for Approval: AZ 07- 003 Request for Annexation and Zoning of 1.0 acres from RI (Ada County) to L-O (Limited Office) and R-8 zones (Medium Density Residential), for Grau Subdivision by Stanley Consultants - 4135 West Cherry Lane: E. Findings of Fact and Conclusions of Law for Approval: PP 07- 005 Request for Preliminary Plat approval of 1 office lot in the proposed L-O zone, and 3 single family residential lots in the proposed R-8 zone on 1.0 acres, for Grau Subdivision by Stanley Consultants - 4135 West Cherry Lane: F. Findings of Fact and Conclusions of Law for Approval: VAR 07-005 Request fora Variance to UDC 11=2D-4 to allow the proposed building to be set back from the street and Variance to UDC 11-3C-6 to allow for a reduction in size of the required parking pad for .Barnes Home Business by Nathan Barnes - 35 East Ada Street: G. Findings of Fact and Conclusions of Law for Approval in C-C zone: AZ 07-002 Request for Annexation and Zoning of 0.42 of an acre from R1 to C-G zone for the property located at 1970 North Meridian Road for Hartz Music Shop by Hartz Music Shop -east side of North Meridian Road & north of East Fairview Avenue: H. Findings of Fact and Conclusions of Law for Approval in C-C zone: RZ 07-003 Request for a Rezone of 0.38 of an acre from L- O to C-G zone for the property located at 1990 North Meridian Road for Hartz Music Shop by Hartz Music Shop -east side of North Meridian Road & north of East Fairview Avenue: I. Development Agreement: AZ 06-062 Request for Annexation and Zoning of 1.12 acres from RUT to a C=C zone for Hoyd Annexation by Kendall Hoyd -east of North Meridian Road and north of East Fairview Avenue.: Meridian City Council May 1, 2007 Page 4 of 19 J. Approve New Beer and Wine License Applications for Pinnacle Coffee, LLC dba Tully's Coffee at 3340 North Eagle Road: K. Approve New Beer and Liquor Licenses for Bobby Showers dba Muggsy's at 501 South Main Street: L. Approve Beer License Transfer from Rockv Mountain Pizza Huts, Inc. to NPC International, Inc. for Pizza Hut at 1752 West Cherry Lane: M. Approve Beer License Transfer from Rockv Mountain Pizza Huts, Inc. to NPC International, Inc. for Pizza Hut at 675 South Progress Avenue: N. Approve Beer License Renewals for Pizza Hut at 1752 West Cherry Lane and 675 South Progress Avenue: O. Approval of Award of RFP #IT 07-001 Storage Area Network Solution: P. Approve Contract for the Biosolids SCADA Programming with DC Engineering, Inc. for $81,500: Q. Approve Contract for the Effluent Line Foam Evaluation with Brown and Caldwell, .Inc. for $8,600: R. Agreement for Professional Services with Parametrix for design of water and sewer improvements in conjunction with ACHD intersection of Meridian and McMillan Project not to exceed $11,000: S. Ratification of Agreement with Aqua Aerobic System, Inc. in the amount of $719,007.00: T. Approval of Contracts for Phase II of City Hall Project Packages 1-11 for a total Not to Exceed Amount of $5,836,369.35: MJ's Backhoe $ 610,314.00 Sidewalks, LLC $ 655.,595.35 TMC, Inc. $1 ,584,760.00 Rule Steel $1,847,000.00 Architectural Building Supply $ 7,820..00 American Wallcover $ 363,287.00 Custom Glass $ 295,321.00 Western Roofing $ 182,990.00 Meridian City Council May 1, 2007 Page 5 of 19 Schindler Elevator Seal Co. De Weerd: Okay. Item 5 is the Consent Agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. • $ 222,100.00 $ 67,182.00 Zaremba: I move that we accept the Consent Agenda and there is something else that goes with that, something like Mayor to attest and sign -- what is the proper wording for that? Oh. The Mayor to sign and the Clerk to attest. De Weerd: Okay. Do I have a second? Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. 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. Finance /Purchasing Department: Approval of Award of RFP #PW-07-002 Large Format Multifunctioning Color Printing, Copying, and Scanning Solution: De Weerd.: Thank you. Okay. Item 6 under Department Reports. We have a finance purchasing department report. We have Keith Watts with us here tonight. Watts: Good evening, Madam Mayor, Council Members. I have an award for a large format printer for the Public Works Department that was a little out of the ordinary, so I wanted to come before you and explain the circumstances. We went out for an RFP on April 11th. We sent the RFP out to three different vendors and only one responded by the due date of the 19th of April. I then phoned the other two vendors to just inquire as to why they didn't propose and one of them simply didn't have the time and didn't think he had something that would fit our needs. And the other vendor indicated that he had not received the RFP. When we sent it out, we sent it out via a-mail at the same time to everyone. I had Bruce Freckleton from the Public Work Department in my office and we Meridian City Council May 1, 2007 Page 6 of 19 phoned that vendor and at the same time while we were talking to him I sent him a test e-mail to the same address that we sent the RFP and he seemed to get it right away and responded back to us. So, there didn't seem to be any problem. The e-mail box that went to the vendor was a general a-mail box, not his personal a-mail box, so it simply could have been deleted or forwarded to him and I just wanted to make you aware of that. And I am asking to go ahead and award to the one vendor who did respond by the due date and time. De Weerd.: Okay. Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: Okay. I would need a motion to approve. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the awarding of RFP No. PW 07-002, malfunctioning -- multi- functioning. Holy Toledo. Color,printing, copying, and scanning solution. Rountree: Second. For one that works. Watts: Thank you. De Weerd: Thank you for the clarification by the second. We do have a motion to approve Item 6-A-1. 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 7: Items Moved from Consent Agenda: De Weerd.: Okay. There were no items moved from the Consent Agenda. Item 8: FP 07-011 Request for approval for 14 commercial building lots in a C-G zone for CentrePointe Subdivision No. 2 by Winston H. Moore - Northwest Corner of Ustick Road and Eagle Road.: De Weerd: Item 8 has been requested to continue to May 15th, 2007. • • Meridian City Council May 1, 2007 Page 7 of 19 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we continue Item 8 to May 15th, 2007. Bird.: Second. De Weerd: Okay. I have a motion and a second to continue Item 8. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 9: Continued Public Hearing from April 10, 2007: PP 07-004 Request for Preliminary Plat approval of 16 residential lots (proposed to contain 64 multi-family units) and 3 common lots on 5.7 acres in an L-O zone for Doubletree Subdivision by Ron Babneau - 1105 West Pine Street: Item 10: Continued Public Hearing from April 10, 2007: CUP 07-002 Request for a Conditional Use Permit approval to construct a multi-family development consisting of 64 multi-family dwelling units (4 plexes) on 16 lots in an L-O zone for Doubletree Subdivision by Ron Babneau - 1105 West Pine Street: De Weerd: Okay. Items 9 and 10 are continued public hearings from April 10th on PP 07-004 and CUP 07-002 and we will start with staff comments. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Before we do that, I will need to excuse myself from this. A situafion has arisen where I have an interest in a property that must reciprocate with cross-access agreements with this property and I'm guessing that that's a sufficient conflict of interest that I should not participate. So, II will step aside. De Weerd: Okay. Council, any objections? Okay. Thank you, Mr. Zaremba. Okay. Anna. Canning.: Madam Mayor, Members of the Council, this is the Doubletree project. It's located on the south side of Pine Avenue, approximately 1,000 feet east of Linder Road. It is a preliminary plat and Conditional Use Permit application. The proposed development includes -- you can see the Tramore apartment building just to the north of it. And just to the east you will see Rock Creek Subdivision, which has across-access agreement with this one. We shift -- shift diagonals here. So, this is -- now north is • Meridian City Council May 1, 2007 Page 8 of 19 going to the left -- to my left, anyway. Yeah. Your left, too. Had to double-check that for a second. Sorry. The proposed development is amulti-family development consisting of the 64 multi-family dwellings, so 16 four-plexes, on 16 building lots and three common lots on 5.7 acres in an existing L-O zone. Approximately 16.3 percent or just shy of an acre is being set aside for open space, exclusive of the Nine Mile Creek. And the amenities include public art, open grassy areas, walking trails and pathways, and a sand volleyball court and a half basketball court. If this looks awfully familiar to those of you on the Council, it's because it is. It is -- it is formerly Roundtree -- De Weerd: I thought it was Roundtree. Canning: It's formerly Roundtree Subdivision, which their previous plat and conditional use approval lapsed in 2006. So, all the site work is done. Everything is ready to go. But we couldn't sign the plat, because the time had expired. So, they have come back through the process. De Weerd.: Does it still have a volleyball court? Canning: It still has a sand volleyball court. And Joe's not here -- not Joe. Shaun is not here to -- De Weerd: To talk about it. Canning.: To talk about it. Yeah. De Weerd: At U of I. Canning: So, the previous approvals did lapse, so they have brought through, essentially, the same project. There were changes made to the UDC that they have had to bring the site up to meet some of those standards. So, that is why it looks familiar. The gross residential density is 11.23 dwelling units per acre, which is consistent with the high density residential Comprehensive Plan designation. There is the site plan. A little more readable form with the landscape. And there is cross-access to Rock Creek to the east through this drive aisle. It's the northern most drive aisle:. And these are the elevations. 'These are the front and rear elevations and the side elevations. The Planning andT_oning Commission did recommend approval at their March 15th, 2007, Public Hearing. Shawn Dulan spoke in favor of the application. No one spoke in opposition or commented. And there was no written testimony included in the -- for the project. Key issues of discussion by the Commission were the type of perimeter fencing to be used and the architecture of the proposed four-plexes. The key Commission changes to staff recommendation were that they did require vinyl perimeter fencing as proposed by the applicant. And the only outstanding issue would be -- we know that Council has had concerns with the look of multi-family structures. So, the only outstanding issue listed is the review and approval of the architecture proposed for this development. With. that I will answer any question Council may have. • Meridian City Council May 1, 2007 Page 9 of 19 De Weerd: Okay. Council, do you have any questions? Bird: Not at this time. Rountree: No. De Weerd: Okay. Thank you, Anna. Is the applicant here this evening? Would you like to add any testimony? If you would, please, state your name and address for the record.. Dulan: Shawn. Dulan with Rennison Fodrea in Eagle, Idaho. Pretty much she said it all. We agree with staff on this, so I guess I'm just here to answer any questions you guys might have. De Weerd.: All right. So, you agree with the staff report? Dulan: Uh-huh. Yes, ma'am. De Weerd: Okay. Council, any questions for the applicant? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree.. Rountree: Could you expound a little bit on the architecture character of the buildings that specifically are -- are we looking at all the elevations and all the buildings being the some color, vinyl siding, or are we looking at multi-colors, maybe a variance in some of the siding textures and that sort of thing? Dulan: I have got Ron Babneau here, who is the owner of the project, who is going to be doing all the building. He can answer that question probably better than I can. Rountree: That would be great. De Weerd.: If you will, please, state your name and address. Babneau: Hi. Ron Babneau, owner of Big U Builders. I reside at 4006 East Man-O- War, Nampa. De Weerd: Thank you. Babneau: Right now these buildings were approved originally with hardboard board and bat siding. All the buildings will be multiple different colors. Rock Creek -- just did Rock Creek, which is completed just to the east of this, none of the buildings are -- there • Meridian City Council May 1, 2007 Page 10 of 19 are no two buildings alike next to each other and the same color. There are like five different colors of the buildings and we spread them out and it looks more of a residential subdivision that way and that's the same -- what we did do in Rock Creek is we did go with a metal soffit and fascia and went with a stucco exterior and it actually came out really nice. We were leaning on potentially at some point maybe asking to change to fihat, but right now it's -- we figured on a hardboard siding with board and bat and shakes and stuff like that, multiple colors. Rountree: Thank you. De Weerd: Okay. Any other questions, Council? Okay. Rountree.: Madam Mayor? De Weerd.: Yes. Rountree: There was an indication of across-access agreement being required.. Has that been obtained? Babneau: Yeah. The cross-access -- it's, actually, completed from the Rock Creek side to Roundtree right now and I already have the gate, which the police department and the fire department had already approved that gate -- the fire marshal approved it. We already have it in place right now. Rountree: Okay. Thank you. De Weerd,: Okay. The fire department approved a gate? I'm shocked. Anything else, Council? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Can you show me this elevation? Can you give me kind of a walk through of the different architectural elements and materials you envision you -- you can use the little pointer there and kind of guide me as to what might go where. Babneau: This style here -- this is all hardboard., this whole -- which is probably 75 percent of what you're seeing in the valley right now and in Meridian on most residenfiial houses.. It's hardboard siding. We have some shake siding up here to break it up. We would probably differentiate the color here, as opposed to some of this area here. We have these pop outs in the entry area here and, then, this right here is also a little patio. Each one will have their own little patio off the back and right now you're seeing some vertical and horizontal on this one here and we will probably mix it up just a little bit to break it up. Councilman Rountree was looking for multiple colors. We will probably have multiple -- instead of so much vertical and horizontal, we will probably change it up ~' • Meridian City Council May 1, 2007 Page 1 l of 19 a little bit on -- with that many buildings, so it gives a different look throughout on that. And, then., change up all the colors. Borton: Madam Mayor? Is there any stone, brick, or stucco that -- Babneau: Not on these right now. Stucco -- I may be leaning -- what I did with Rock Creek is Rock Creek was similar to this and we came back to the Planning and Zoning and I presented them with a letter in changing to a stucco, instead of -- and., then, we went with a full stucco with metal soffits and fascia, which is an exterior -- maintenance free exterior and mixed it up that way with the colors and it really came out really pretty good. We may lean towards that and have to come back and ask for that with Planning and Zoning again and the building department to see if it's okay with them, but they were in agreement before. De Weerd: With your rear elevations you show four different -- I guess back doors. Will they have privacy pads? Is there -- Babneau: Yeah. There is -- each one will have their own patio. I do not remember -- it's in the original approval by you guys. You guys stipulated exactly the size. De Weerd: You're assuming I remember that. Babneau: Yeah. I was hoping that you would -- De Weerd.: I do remember the sand volleyball court. Babneau: -- remember better than I would. I just remember that that was something that we actually had to -- that we had to have them so big. I think, if I remember right, those right there, they don't look like it, but I think they were like 12 or 13 feet wide by six or eight feet deep. We actually have -- if I remember right, we have little vinyl fence sections that come off in between each one -- De Weerd: Okay. Babneau.: -- and it also assists in having them have their own privacy. De Weerd.: Thank you. Borton: Madam Mayor? De Weerd..: Yes. Borton: I don't remember -- I might not have been on the Council I think when this was first approved. I don't remember if I was. Can you show me the site plan again? I just - - Ihave one question on Sanitary Services. Is there a common dumpster within this plat area that's -- Meridian City Council May 1, 2007 Page 12 of 19 Babneau: There is a dumpster here. One here. Another one here. And another one right here. Multiple dumpsters. And that's per SSI or -- Bird: SSC. Babneau: SSC. Sorry. Canning.: Madam Mayor? De Weerd: Uh-huh. Canning: The applicant actually is proposing a 100 square foot private patio for each unit. So, it's ten by ten. Eighty square feet is required and they are proposing a hundred square feet. De Weerd: Thank you. Any further questions? Bird.: I have none. De Weerd: How is our cat population? Okay. Sorry. I can't let the sand trap go. Babneau: I think that was the same -- yeah, that was the same one that we had the first go around.. De Weerd: Okay. Okay. Any other questions, Council, for the applicant? Rountree: I have none. De Weerd: Okay. Thank you. Borton: Madam Mayor? I'm sorry. The perimeter fencing issue -- Babneau: We propose vinyl all the way around and we just did Rock Creek with vinyl around it and it was passed without fencing at the time and we just went ahead and put vinyl on it. So, we are going to match the vinyl. And, then, chain link -- we will have vinyl around the perimeter here and, then, we will have chain link that will follow both sides of the Nine Mile drainage for visibility for the canal people who do their inspections and stuff, they like to be able to see through. They drive through that -- they drive through here and they want to be able to see into the canal at all times. We had to move gates and change fences on this last project like three times, because they have it just right for them, so we moved it around.. De Weerd: Okay. Borton: Madam Mayor? Meridian City Council May 1, 2007 Page 13 of 19 De Weerd: Yes. Borton: Is that a pathway on the =- Babneau: Right here? Borton: Yes. On the north or the south -- De Weerd: It's the south side. Babneau: That's the south side. There is actually one on this side of Tramore already that ties into -- right about right here and ties into Rock Creek and, then, it cuts across and ends up going east. Borton: Where does the pathway on the south go? Babneau: This will actually -- this will actually connect into Rock Creek right here. The roadway connects right here and their basketball court is right here. It's going to come out here and make a turn around and gets onto their walking system and it will cross and continue south. Borton: What type of fencing material did they use on the south side next to the canal? Is it chain link or -- Babneau: Right. It's chain link right here on both sides. I had to =- I had to box the canal on both sides of the bridge all the way to the property lines with chain link and that's what the irrigation department wanted to see. They don't like -- if they can't drive around and walk around and see over the fence or see through it, they don't like it. Because they drive -- they drive these all the time and check them for blockages and stuff and they don't want to have to get out and look over the fence. Borton: Heaven forbid.. I understand.. They don't want to get out. The only reason bring it up is chain link is a horrible material and there are options for other open vision type -- Babneau: Right now all of Tramore -- this is all -- this is all chain link on their side all the way across and we tied into it around the canal and that's what's proposed, this same with what's going here with Tramore and Rock Creek. But, then, the outer boundaries we are going all vinyl. De Weerd: We saw a presentation on some slatting, if you're interested in a hedge look. Sorry. It's other application. I think we were all going to die laughing that night. Any other questions from Council? Bird: I have none. Meridian City Council May 1, 2007 Page 14 of 19 Rountree: I have none.. De Weerd: Okay. Thank you. Okay. This is a Public Hearing.. Is there anyone who would like to provide testimony on this application? Okay. Any other information needed from Council? Rountree: No. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: .Hearing none, I move we close the public hearings on PP 07-004 and CUP 07- 002. Rountree: Second. De Weerd.: Okay. I have a motion and a second to close the public hearings on Items 9 and 10. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Any discussion? Bird.: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I don't have any discussion and hearing none I will make a motion here. I move that we -- I move we approve PP 07-004 and incorporate staff, applicant, and public comment. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Item 9. Is there any discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, abstain; Borton, nay. MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSTAIN. De Weerd: Okay. Item 10. • Meridian City Council May 1, 2007 Page 15 of 19 Bird; Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we approve CUP 07-002 and also include all applicant, staff, and public comment. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Item 10. Is there any discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, abstain; Borton, nay. MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSTAIN.. Item 11: 15t Reading -Ordinance No. 07-1311 Ordinance Rectarding Parking on Streets, Alleys, and Public Property (1S of 3 Readings): De Weerd: Okay. Okay. Item 11. We have first reading on Ordinance No. 07-1311. Mr. Berg, will you, please, read this ordinance by title only. Berg: Thank you, Madam Mayor, Members of the Council. Just a note that you have a couple of corrections from what was in your laserfiche with a numbering of some of the titles, so -- or subsections. Ordinance 07-1311, an ordinance amending Title 7, Chapter 2, Section 8, Meridian City Code, regarding parking on public streets, alleys, or public property within the City of Meridian, providing a waiver of the reading of the rules and providing an effective date. De Weerd.: Thank you, Mr. Berg. This is an ordinance regarding parking on streets, alleys, and .public property. It is the first reading. I would ask if there is any public comment on this ordinance? Okay. Seeing none, I do know that our chief of police has some comments. He will be meeting with our legal staff, so you will most likely have some considerations at our next meeting. Mr. Baird... Baird,: Madam Mayor, Members of the Council, that's correct. You might see some further refinements. Chief indicated that he just received some last minute feedback from this, folks, that we might want to take into consideration in the draft. So, we will present any changes to what's before you at the second reading next week. And they would probably have to do -- and I'll let the chief speak, if I'm not speaking correctly, but the scope of the two hour limit, the vehicles that it applies to, enforceability concerns that we -- police and legal have not had a full chance to discuss. De Weerd.: Okay. Excellent. Anything to add, chief? • ! Meridian City Council May 1, 2007 Page 16 of 19 Musser: Madam Mayor, Members of the Council, I think Mr. Berg covered it pretty well there in regards to it. That's the only area that we have to look at and we'll get it resolved for you. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: And would you -- when we do get this resolved or we change the wording, will you make sure that the Valley Times and the Statesman get it, so that it gets out into the press., so that the public is aware of it? I have had three phone calls. Baird: Madam Mayor, Members of the Council, we will make sure that happens. De Weerd.: Thank you. Okay. Is there any testimony? Seeing nothing further, Council, we will put this back for a second reading at our next Council meeting. Item 12: Ordinance No. AZ 06-062 Request for Annexation and Zoning of 1.12 acres from RUT to a C-C zone for Hoyd Annexation by Kendall Hoyd -east of North Meridian Road and north of East Fairview Avenue: Item 13: Ordinance No. AZ 06-047 Request for Annexation and Zoning of 5.3 acres from RUT to L-O zone for Waverly Place Subdivision by Vacation Village Villas, LLC - 2510 East Magic View Court: Item 14: Ordinance No. AZ 06-057 Request for Annexation and Zoning of 9.91 acres .from RUT to an R-15 zone for Jericho Subdivision by Heron River Development, LLC - 6055 & 6185 North Jericho Road: De Weerd: Okay. Ordinances 12, 13 and 14, Items 12, 13 and 14 are ordinances 07- 1312, 07-1313, and 07-1314. Mr. Berg., will you, please, read these three ordinances by fide only. Berg: Thank you, Madam Mayor, Members of the Council. Item No. 12, Ordinance 07- 1312, an ordinance for annexation of property located in the southwest quarter of Section 6, 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, adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining its land use zoning classification of said lands from RUT to C-C in the Meridian City Code, providing that a copy of this ordinance shall be filed with the Ada County assessor, the Ada County Meridian City Council May 1, 2007 Page 17 of 19 recorder, the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver if the reading of the rules and providing an effective date. Berg: Ordinance 07-1313, an ordinance for annexation of property being Lot 6 of the amended Magic View Subdivision and a portion of East Magic View Drive, located in the south one half of the northeast one quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, the same as recorded in Book 52 of Plats at Page 4,445, records of Ada County, Idaho, and described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, adjacent and contiguous to the corporate limits of the City of Meridian, as requested by t'he City of Meridian., establishing and determining 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, 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. Berg: Ordinance 07-1313, an ordinance for annexation of property being located in the east one half of the northwest one quarter of the northeast one quarter of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining its land use zoning classification of said lands from RUT to R-4 and R-15 in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, 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, Mr. Berg. You have heard -- Zaremba: Madam Mayor, just a correction. In announcing the last ordinance the clerk announced it as 07-1313 and the correct ordinance is 07-1314. De Weerd: Thank you. Okay. You have heard these three ordinances read by title only. Is there anyone in the audience who would like to hear them read in their entirety? Seeing no one who would like to hear them read in their entirety, Council? Rountree: Madam Mayor? De Weerd.: Yes. Rountree: Seeing no hands raise, I move that we approve Items 12, 13 and 14, ordinances 07-1312, 07-1313, and 07-1314. Bird.: Second. • Meridian City Council May 1, 2007 Page 18 of 19 De Weerd: Okay. I have a motion and a second to approve ordinances on 12, 13 and 14. Rountree: With suspension of rules. De Weerd.: With suspension of rules. I# there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRLED: ALL AYES. Item 15: Executive Session per Idaho State Code 67-2345(1) (c) - (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency): De Weerd: Thank you. Okay. Item 15 is Executive Session per Idaho State Code 67- 2345(1)(c). Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we adjourn to Executive Session per 67-2345(1)(c). Bird.: Second. De Weerd: I have a motion and a second.. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: De Weerd: I would entertain a motion to come out of Executive Session. Rountree: So moved. Bird: Second. De Weerd: It was moved by Charlie and seconded by Keith. All those in favor say aye.. MOTION CARRIED: ALL AYES. Meridian City Council May 1, 2007 Page 19 of 19 De Weerd: Motion to adjourn. Rountree: So moved.. Bird.: Second. De Weerd: All those in favor. MOTION CARRfED: ALL AYES. MEETING ADJOURNED AT 8:24 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: e.'~t~~/ MAYOR T Y DE WEERD ATTESTED:S W IAM G • DATE APPROVE[~'~'~ ~ ~~~,~,'d.,,, r~. ~= . BERG JR., I ._ C K m '~ ~ ~~` /y,/ / / /, / / / / / 11 I 11111 ~ \ ` 4 t 4 9' ~ ~0~ sill l+ April 27, 2007 MERIDIAN CITY COUNCIL MEETING May 1, 2007 APPLICANT ITEM NO. S-A REQUEST Approve Minutes of April 3, 2007 Pre-Council Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented ct public meetings shall become property of the City of Meridian. April 27, 2007 MERIDIAN CITY COUNCIL MEETING MC1y 1, 20Q7 APPLICANT ITEM NO. 5-B REQUEST Approve Minutes of April 10, 2007 Pre-Council Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented of public meetings shall become property of the City of Meridian. April 27, 2007 MERIDIAN CITY COUNCIL MEETING May 1, 2007 APPLICANT ITEM NO. S-C REQUEST Approve Minutes of April 10, 2007 Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • April 27, 2007 AZ 07-003 MERLDIAN CITY COUNCIL MEETING May T, 2007 APPLICANT SfQnIEy COnSUlfants ITEM NO. 5-~ REQUEST Findings for Approval -Request for Annexation and Zoning of 1.0 acres from R1 to L-O and R-8 zones for Grau Subdivision -- 4135 West Cherry Lane AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST' OFFICE: OTHER: Contacted: Materials presented at public COMMENTS Ses cfFached Flndin~s Date: ~-? (} ~ Phone: 02~8"~ ~7~ ~~,p,~,,,1.~St Inff' Is: shall become properly of th© City of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~~~ . ~~~~ ~a~~~ao t' In the Matter of Annexation and Zoning of 1.0 acres from Rl (Ada County) to the L-O (Limited Office) district for 0.32 acres and the R-8 (Medium Density Residential) district for 0.68 acres AND Preliminary Plat approval of 1 office lot in the proposed L-O zone and 3 single-family building lots in the proposed- R-8 zone AND construction of a private road AND Alternative Compliance to the landscaping standards for Grau Subdivision, by Stanley Consultants Case No(s). AZ-07-003, PP-07-005, PS-07-001, & ALT-07-001 For the City Council Hearing Date of: Apri117, 2007 (Continued from Apri110, 2007) Findings on the May 1, 2007, City Council agenda A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 17, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 17, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 17, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 17, 2007, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). AZ-07-003, PP-07-005, PS-07-001, & ALT-07-001 • 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of April 17, 2007, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The Applicant's Preliminary Plat, as evidenced by having submitted the Preliminary Plat, REVISED Apri12, 2007, is hereby conditionally approved; 2. The Applicant's Landscape Plan, as evidenced by having submitted the Landscape Plan, REVISED April 8, 2007, is hereby conditionally approved with the following modification: That the Applicant install permanent perimeter fencing around the proposed subdivision. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of April 17, 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). AZ-07-003, PP-07-005, PS-07-001, & ALT-07-001 • within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional 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 rnet and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty- eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521, an affected person being a person who has an interest in real. property which maybe adversely affected by the issuance or denial of 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. F. Attached: Staff Report for the hearing date of April 17, 2007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). AZ-07-003, PP-07-005, PS-07-001, & ALT-07-001 r: • By action of the City Council at its regular meeting held on the ` ~~ 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED_ IJ~~ COUNCIL MEMBER JOE BORTON VOTED__~~~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED_ i J~st. COUNCIL MEMBER KEITH BIRD VOTED ~~i'~- TIE BREAKER _~ MAYOR TAMMY de WEERD VOTED MAYOR M~ idr~,,WEERD ATTEST: ~\ ~~~A~, ~ '' `o ~~~ - WILLIAM G. BERG, JR., CI CL RK ;, ~ ~ ~' /~!!!1l I711 IiI111\\\\\ day of Copy served upon: / Applicant f Planning Department '~ Public Works Department a/ City Attorney By: /lQ~.,,~ Dated: S -- 3 -0 I City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). AZ-07-003, PP-07-005, PS-07-001, & ALT-07-001 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 STAFF REPORT Hearing Date: 4/17/2007 Continued From: 4/10/2007 TO: Mayor & City Council ~~~s~ r L[i~l/~[~ FROM: Amanda Hess, Associate City Planner in~o (208) 884-5533 ~~,~ SUBJECT: Grau Subdivision • AZ-07-003 Annexation and Zoning of 1.0 acres from R1 (Ada County) to the L-O (Limited Office) district for 0.32 acres, and the R-8 (Medium Density Residential) district for 0.68 acres • PP-07-005 Preliminary Plat of 1 office lot and 1 common lot in the proposed L-O zone, and 3 single-family building lots in the proposed R-8 zone • PS-07-001 Request to construct 1 private road to access the proposed office lot • ALT-07-001 Alternative Compliance for the 20-foot required landscape buffer adjacent to residential uses 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Stanley Consultants, has applied for Annexation and Zoning (AZ) of 1.0 acres from Rl (Ada County) to the L-O (Limited Office) and R-8 (Medium Density Residential) zoning districts; and Preliminary Plat approval of 1 office lot and 1 common lot in the proposed L-O zone, and 3single-family building lots in the proposed R-8 zone for Grau Subdivision. The subject property is located on the south side of Cherry Lane, approximately''/z 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 S 1210212465. The site has not been previously platted. The subject property is within the City's Area of Impact and Urban Service Planning Area. 2. SUMMARY RECOMMENDATION Generally, the Planning Director is the final decision maker on Private Street and Alternative Compliance applications. However, because the City Council is the final decision making body on the Annexation and Preliminary Plat applications, all of the subject applications are being combined into one staff report. The Commission must make a formal recommendation to the Council on the .Annexation and Zoning and Preliminary Plat applications, as those are public hearing items. The Commission should also review and make recommendations regarding the private street and alternative compliance applications, if applicable, as these applications are key to the current layout of the proposed development. The subject applications (AZ-07-003, PP-07-005, PS-07-001, & ALT-07-001) were submitted to the Planning Grau Subdivision - AZ-07-003, PP-07-005, PS-07-001, & ALT-07-001 Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 Department for concurrent review. Staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning, Preliminary Plat, Private Street, and Alternative Compliance applications. Staff is recommending approval of the proposed Grau Subdivision subject to the conditions listed in Exhibit B of the Staff Report. The Meridian Planning and Zoning Commission heard this proiect on March 15, 2007. At the public hearing they moved to recommend approval to the City Council. a. Summary of Public Hearing: i. In favor: Kandi Hall (Applicant's Representative), Larry Taylor (Developer),. Bill Grau (Property Owner) ii. In opposition: None iii, Commenting. None iv. Written testimony: None v. Staff presenting application:. Amanda Hess vi. Other Staff commenting on application: None b. Kev Issues of Discussion by Commission: i. FencingApplicant has agreed to install any necessary perimeter fencing to match that of the adjacent properties ii. Relocating the internal sidewalk from the east side of the building to the west c. Kev Commission Changes to Staff Recommendation: i. The Applicant shall provide sidewalk which extends from the proposed office building out to Cherry Lane to be located at the west side of the building d. Outstanding Issue(s) for City Council: i. The Commission did not make a motion to require the installation of perimeter fencing, as agreed to by the Applicant ii. The Applicant has provided Staff with the revised preliminary plat and landscape plan. The updated plans are included and evaluated in the staff report. a. i. In favor: Wendy Kirkpatrick (Applicant's Renresentativel: Bill Grau (Property Owner ii. In opposition: None iii. Commenting: None iv. Written testimony:. None v. Staff presentine application: Anna Canning vi. Other staff comrnentine on annlication: None b. I~)'_I.csues of Discussion by Council: i. Applicant's request to_ enclose /convert the camort to become part of the_existine buildin c. ~Y Council Changes to Commission Recommendation• i. The Applicant shall provide perimeter fencing around the .subdivision 3. PROPOSED MOTIONS Approval After considering ali Staff, Applicant, and public testimony, I move to approve File Numbers AZ-07-003 and PP-07-005 (PS-07-001 & ALT-07-001 optional) as presented in the staff report for the hearing date of April 17, 2007, with the following modifications to the conditions of approval: (Add any proposed modifications.) Grau Subdivision - AZ-U7-003, PP-07-005, PS-07-001, & ALT-07-001 Page 2 ,,• CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 Denial After considering all Staff, Applicant, and public testimony, I move to deny File Numbers AZ-07-003 and PP-07-005 (PS-07-001 & ALT-07-001 optional) as presented during the hearing on April 17, 2007, for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reasons for denial of the preliminary plat request.) Continuance After considering all Staff, Applicant, and Public testimony, I move to continue File Numbers AZ-07- 003 and PP-07-005 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/I,ocation: 4135 West Cherry Lane Meridian, ID 83642 Section 10, T3N, R1W b. Applicant: Stanley Consultants 1940 South Bonito Way, Suite 140 Meridian, ID 83642 c. Owner: Bi11 Grau 4135 West Cherry Lane Meridian, ID 83642 d. Representative: Kandi Hall, Stanley Consultants e. Present Zoning: R1 (Ada County) £ Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: 1. Date of Preliminary Plat (See Exhibit A): T'°*°a r^^•'^^• zn~ ~nn~ REVISED Apri12, 2007 2. Date of Landscape Plan (See Exhibit A): ;~te~ T.,.,.,.,... • ~' , '~ REVISED Apri18, 2007 h. Applicant's Statement/Justification: The subject property is currently being used as a residence. The existing home will be converted to an office use and the existing shop buildings will be removed. A parking lot will be constructed for the proposed office building. The proposed uses for the subject property are residential and commercial; R-8 zoning for the three residential lots and L-O zoning for the fourth lot which will be used for a light-office purpose. The proposed residential lots will meet the dimensional standards for the R-8 zoning district and the proposed light-office lot will meet all dimensional standards for the L-O zoning district. Each lot will have frontage on Cherry Lane. A 25-foot landscape buffer is proposed for the portion of the subdivision which borders Cherry Lane. Due to the location of the subject property, it is impossible to meet the 20-foot landscaping Grau Subdivision - AZ-07-003, PP-07-005, PS-07-001, & ALT-07-001 Page 3 ,~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 requirement that the Code requires and, therefore, we are requesting alternative compliance. We propose landscaping along the east side of the proposed private driveway. We are willing to meet any other conditions the City may require. We are also submitting a private street application, as Staff recommended this would be the most appropriate way to gain access to a commercial site. We wish to meet all of the City's requirements. 5. PROCESS FACTS a. The subject application will, in fact, constitute an annexation and/or 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 City Council on this matter. b. The subject application will, in fact, constitute a preliminary plat, as determined by City Ordinance. By reason of the provisions of the Meridian City Code, Title 11, Chapter 5, a public hearing is required before the City Council on this matter. c. The subject application will, in fact, constitute a private street, as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11, Chapter 5, a public hearing is required before the City Council on this matter. d. The subject application will, in fact, necessitate alternative compliance, as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11, Chapter 5, a public hearing is required before the City Council on this matter. e. Newspaper notifications published on: February 26, 2007, & March 12, 2007 (Planning & Zoning Commission) March 19, 2007, & March 2, 2007 (Cit Council £ Radius notices mailed to properties within 300 feet on: February 16, 2007 (Planning & Zoning Commission) March 16, 2007 (City Council) g. Applicant posted notice on site by: March 5, 2007 (Planning & Zoning Commission) March 31, 2007 (City Council) 6. LANID USE a. Existing Land Use(s): One existing residence and other out buildings. b. Description of Character of Surrounding Area: A mix of single family residential housing types within the City of Meridian c. Adjacent Land Use and Zoning: 1. North: Golf View Estates Subdivision, zoned R-4; Cherry Lane Village Subdivision, zoned R-4 2. East: Rod's Parkside Creek Subdivision, zoned R-4 3. South: Cherrywood Village Subdivision, zoned R-8 4. West: Cherrywood Village Subdivision, zoned R-8 d. History of Previous Actions: N/A Grau Subdivision - AZ-07-003, PP-07-005, PS-07-001, & ALT-07-001 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: There is sewer available in W. Cherry Lane. Location of water: There is water available in W. Cherry Lane Issues or concerns: The plat does not depict a pressurized irrigation system as required by ordinance. There is a note on the preliminary plat that states, "Pressure irrigation system will be provided to each lot by a culinary system." City Code, however, requires all developments to provide pressurized irrigation system to every lot within a subdivision with surface water as the main source. However, City Code allows for City Council to waive this requirement only if the property does not have any water rights. 2. Vegetation: Existing trees should be retained, mitigated for, or relocated on site 3. Floodplain: N/A 4. Canals/Ditches/Irrigation: N/A 5. Hazards: N/A 6. Proposed Zoning: R-8 & L-O 7. Size of Property: 1.0 acres f. Subdivision Plat Information: 1. Residential Lots: 3 2. Non-residential Lots: 1 3. Total Building Lots: 4 4. Common Lots: 1 5. Total Lots: 5 6. Open Lots: 0 7. Residential Area: 0.683 acres 8. Gross Density: ~4.0 units per acre 9. Lot Sizes: Lot sizes range from 4,860 square feet for the office lot to approximately 11,.175 square feet. The average lot size is approximately 9,125 square feet. g. Landscaping: 1. Width of street buffer(s): Cherry Lane is classified as an arterial road. The UDC (Table 11-2A-5) requires a 25-foot wide street buffer adjacent to arterials. The landscape plan proposes a 25-foot wide buffer along Cherry Lane. 2. Width of buffer(s) between land uses: Twenty feet (20') of landscape buffer required between the portion of the property to be zoned L-O, and the residential properties to the west, zoned R-8 (See UDC Table 11-2B-3). The applicant has submitted an alternative compliance application regarding the landscaping to adjoining uses. See below for analysis. 3. Percentage of landscaped area: ---25% (0.25 acres) 4. Other landscaping standards: UDC 11-3B-8 requires landscaping within and around parking lots. The landscaping standards for parking lots will be applied as part of the issuance of a Certificate of Zoning Compliance. Grau Subdivision - AZ-07-003, PP-D7-005, PS-07-001, & ALT-07-001 Page 5 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 h. Off-Street Parking (Non-Residential Uses) Parking spaces required: UDC 11-3C-6B establishes minimum parking standard for non- residential uses. Within commercial districts, spaces shall be provided at one per 500 square feet of gross floor area. 2. Parking spaces proposed: There are nine parking spaces shown on the office lot on the preliminary plat. Staff will ensure adequate parking with the CZC review. 3. Compact spaces proposed: 0 4. Off-site parking proposed: N/A 5. Percentage of interior parking as landscaping: Prior to issuance of any Certificates of Occupancy, Staff will ensure that the proposed parking lot is improved with landscaping according to iJDC requirements. i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The sole access to the development will be from a proposed private street intersecting Cherry Lane. The access is to be located approximately 400 feet west of the '/~ mile section between Ten Mile and Black Cat Roads. ACRD is supportive of the proposal as long as all Site Specific and General Requirements are met. (See Exhibit B-7) 7. COMMENTS MEETING On February 23, 2007, Planning Staff held agency comments meetings. The agencies and departments present included: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Sanitary Services, and the Meridian Public Works Department. Staff has attached all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. In Chapter VII of the Comprehensive Plan, "Medium Density" areas provide for smaller lots for residential purposes within City limits. Uses may include single-family homes at densities of 3 to 8 dwelling units per acre. However, in 2004, the City approved Resolution No. 04-454, which amended Chapter VII, Section 1, of the Comprehensive Plan to include the following language: "At the discretion of City Council, areas with a residential Comprehensive Plan designation may request office uses if the property has frontage on an arterial street or a section line road and is 3 acres in size or less in size. In this instance, no ancillary commercial uses shall be permitted." Staff finds that the subject property has frontage on an arterial street, Cherry Lane, and is less than 3 acres in size (1.0 acres). According to Resolution No. 04-454, the subject parcel is eligible for an office use/zone, if the Commission and Council fmd the zoning is appropriate for this site. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (Staff analysis in italics): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The Ciry 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. Grau Subdivision - AZ-07-003, PP-07-005, PS-07-001, & ALT-07-001 Page 6 • CITY OF MERIDIAN PLANNING DEPARTM-ENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 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 #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter V, Goal III, Objective D, Action item 5 - "Require all commercial businesses to install and maintain landscaping." Staff is conditioning approval of the subject applications upon the Applicant installing and maintaining landscaping on this site. Refer to the preliminary plat analysis, Section 10, for more information on landscaping at this site. 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 proposed sidewalk that is to be constructed along Cherry Lane which will offer means for bicycle and pedestrian travel. A sidewalk will also be provided from Cherry Lane which will run contiguous with the private street. Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. The Applicant is proposing mixed zoning for residential and office uses. Staff finds that the developments to the south, east, and west are compatible with the proposal, the lot sizes blend well with that of Rod's Parkside Creek Subdivision and Cherrywood Village Subdivision. The existing residence to the northeast, sited on a 1-acre lot and zoned R-4, has also been buffered with landscaping and appropriate sized lots. Staff believes that this project does propose land uses that are generally compatible with the existing uses in the area. The Commission and Council should note that the UDC requires land use buffers between commercial /office uses and residential uses. The Applicant has provided landscaping buffers at the east and west property lines, where the office use will be adjacent to residences. However, due to size constraints of the subject property, the Applicant is unable to provide the full buffer widths of 20 feet at the aforementioned property lines, and has submitted alternative compliance for this reason. Refer to the preliminary plat analysis, Section 10, for more information regarding alternative compliance. • Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow (Chapter VI, Goal II, Objective A, Action 6) The adjacent properties have not provided stub connections to the subject site; therefore, the property will take direct access from Cherry Lane. ('irau Subdivision - AZ-07-003, PP-07-005, PS-07-001, & ALT-07-001 Page 7 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 Staff finds that the proposedR-8 zoning is harmonious with and in accordance with the Comprehensive Plan. Staff further finds that L-O zoning designation is harmonious with and in accordance with the Comprehensive Plan, as amended by Resolution No. 04-454, if the Commission and Council believe the zoning is appropriate. Staff recommends that the Commission and Council rely on Staffs analysis, other agency /department comments, and any other comments received regarding the appropriateness of zoning a portion of this site for office use(s). 9. ZONING ORDINANCE a. Zoning Schedule of Use Control 1. R-8 Districts: UDC 11-2A-21ists single-family dwellings as a Permitted Use in the R-8 zone 2. L-O Districts: UDC Table 11-2B-2 lists several uses as permitted and conditional uses in the L-O zoning district. UDC 11-SB-1 requires that Certificates of Zoning Compliance be obtained prior to construction and commencement of said types of uses in order to ensure compliance with all applicable provisions of the UDC. b. Purpose Statement 1. Residential Zoning: 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 ali 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. 2. Commercial Zoning: The purpose of the L-0 zone is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar used which shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration, or emissions of a nature offensive to the overall purpose of the District. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Unified Development Code, Staff believes that this is a suitable location for the proposed office use and single-family development. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. Legal Description: The annexation legal description submitted with the application (prepared by Michael Marks, PLS, on April 4, 2007, and April 10, 2007) shows the property as contiguous to the existing corporate boundary of the City of Meridian. r-T°-°° ~ c: ,l:c .c° 1 a '' '- ~'- " 4 ~ b~ All future uses on this property should 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, and should be constructed in accordance with City of Meridian ordinances in effect at the time of development. Special Considerations: Crrau Subdivision - AZ-07-003, PP-07-005, PS-07-001., & ALT-07-001 Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 Development Agreement: UDC 11-SB-3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Due to the proposed use, 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 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. 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 suitable location for the proposed development. Please see Exhibit D for detailed analysis of facts and findings for a preliminary plat. Access /Private Streets: The Applicant has proposed a private street from Cherry Lane as the sole access to the subject development. City and ACRD Staff are generally supportive of the private street access, as proposed. The Applicant proposes to construct the private street with a 26-foot wide street section, as measured from back-of--curb, and sidewalk on one side, within a private street lot to serve the office lot. No on-street parking should be allowed along or within the private street. The private road should be signed as "No Parking" as per the Meridian Fire Department's comments. Please see Exhibit D for the required findings for a private street. As there exists an approximately 1-acre property to the east, currently zoned R-4, Staff believes the site has the potential to redevelop in the future. Upon said redevelopment, City Staff is confident that ACRD Staff would prefer restricting road access to Cherry Lane, if alternate off-site access is available. Therefore, City Staff will require that the Applicant dedicate across-access, ingress/egress easement to the parcel to the east, and subsequently record said document. At this time, the private street does not have a name. Amongst other private street requirements, the Applicant will have to certify that the Ada County Street Naming Committee will accept a private street name. Prior to signature of the final plat, the Applicant should provide documentation of a binding contract that establishes who is responsible for the repair and maintenance of the private streets (UDC 11-3F-3B4). The private street easements shall be depicted on the face of the final plat(s) (UDC 11-3F-3B3). Design and construction of the private street, shall comply with UDC 11-3F4. The Applicant should also note that gates are prohibited on private streets (UDC 11-3F-4A4). 2. Common Driveways: One shared driveway is proposed within this development; between Lots 3, 4 & 5, Block 1. This common driveway picks up at the terminus of the commercial private street serving Lot 2. Per UDC 11-2A-3B-3, the street frontage requirement for three properties sharing a common drive shall be a minimum of ten feet for each property. Staff is generally supportive of the proposed common driveway. Grau Subdivision - AZ-07-003, PP-07-005, PS-07-001, & ALT-07-001 Page 9 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 UDC 11-6C-3D7 requires setbacks, building envelopes, and orientation of the lots and structures to be shown on the plat; building setbacks should be measured from the edge of the common driveway easement or property lines, whichever is more restrictive. Further, UDC 11-3C-6 requires every single-family dwelling to have atwo-car garage and a 20' x 20' parking pad on the lot. The asphalt for the common driveway should not count towards the required parking pad area. Comply with all common driveway provisions listed in UDC 11-6C-3D. 3. Landscaping: The Applicant has supplied 25% of the site in the form of landscaping. Staff is generally supportive of the proposed landscape plan prepared by Brooks Design Group, labeled Sheet L1, and dated April g X34-, 2007. The plan shall demonstrate compliance with the following standards. The Applicant is proposing a 25-foot wide landscape buffer along Cherry Lane, an arterial roadway. Staff is generally supportive of the proposed landscape buffer. All landscaping along Cherry Lane should conform to the requirements of UDC 11-3B-7. UDC 112B-3A establishes the minimum landscaping buffer from office uses to residential uses to be 20 feet. As required by Ordinance, the Applicant has supplied a 20-foot landscape buffer between the proposed office and proposed single family lots. However, the Applicant has stated that the existing home to remain is to be converted to an office building. The footprint of the existing home encroaches 10 feet and the parking lot encroaches as much as 18 feet into the required 20-foot landscaping buffer between the proposed office lots and the existing single family development to the west. Therefore, the Applicant has submitted an Alternative Compliance application to mitigate for this (See Alternative Compliance analysis below). The Applicant proposes a 7-foot wide buffer adjacent to the parking stalls and a 2-foot buffer adjacent to the drive aisle at the east property line. Staff believes that the buffer between the parking area and the residential properties to the west should be increased to, at minimum, 10 feet wide and should contain, at minimum, two trees. Per UDC 11-3B-8C-2a, for all parking lots, landscaping planters shall be a minimum of 5-feet wide. Additionally, each planter shall be landscaped with at least one tree and covered with low shrubs, lawn, or other vegetative ground cover. All landscaping buffers shall be, at a minimum, 5 feet in width (UDC 11-3B-8C-la). Maintenance of all common areas shall be the responsibility of the Grau Homeowners /Business owners Association. 4. Alternative Compliance: UDC 11-2B-3A-1 requires a 20-foot wide land use buffer between commerciaU office uses and residential uses. However, due to size constraints of the subject property, which totals 125 feet, installation of 20-foot landscape buffers at the east and west property lines (or 40 feet of landscaping in total) would not allow for efficient redevelopment of the site. By the time the Applicant constructs an approximately 30-foot wide private street including sidewalk, and the width of the home is accounted for, which measures approximately 75 feet wide, only 15-20 feet of property remain for both landscaping buffers. Therefore, the Applicant has submitted application for alternative compliance approval and proposes to construct a 5-foot wide landscape buffer at the east property line. In lieu of providing. the 20-foot landscaping buffers at the east and west property lines, the Applicant will install denser vegetation in said buffers in the form of additional trees and shrubbery. Staff is especially supportive of the proposed landscape buffer adjacent to the private street, as it will help to mitigate the effects resulting from increased traffic to the subject site. Grau Subdivision - AZ-07-003, PP-07-005, PS-07-001, & ALT-07-001 Page 10 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 In order to grant approval for alternative compliance, the Planning Department shall make the following determinations: 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, with the aforementioned modifications (see Landscaping analysis above), the alternative landscaping proposal does provide for alternative means in which to meet the intended purposes of the landscaping regulations, and explicit compliance to said regulations is not feasible. Please see Exhibit B for detailed conditions of approval and Exhibit D for the alternative compliance findings. 5. 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-O zone. Staff believes that these principally permitted uses are appropriate for this property and meet the intent of Resolution. No. 04-454. However, there are several retail and ancillary commercial uses that can occur in the L-O zone with conditional use permit approval. Therefore, Staff recommends that the City limit the uses which can operate on the site to office/clinic type through a development agreement. This recommendation is intended to protect the neighbors from more intense commercial uses that could potentially take place on this property, and to ensure that the intent of Resolution No. 04-454 (light office, low-impact businesses, etc.) is upheld. 6. Hours of Operation: Consistent with previous Commission actions, Staff is recommending that the hours of operation for businesses on this site be limited to 6 a.m. to 10 p.m. through a development agreement. 7. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The Applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle- point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Fencing: Perimeter fencing is not shown on the submitted landscape plan or preliminary plat. 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. 9. Ditches, Laterals, and Canals: As per iJDC 11-3A-6, all irrigation ditches, laterals, or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. 10. 'T'ree 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 Grau Subdivision - AZ-07-003, PP-07-005, PS-07-001, & ALT-07-001 Page 11 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 those removed. Required landscaping trees will not be considered as replacement trees for those that are removed. The Applicant must coordinate a mitigation plan with Elroy Duff at the Meridian Parks Department. 11. Existing Structures: The site currently contains multiple buildings. The existing structure that is to remain shall comply with the dimensional standards (setbacks, house size, etc.) of the L-0 zone. Prior to signature of the final plat, all other structures that do not meet the dimensional standards should be removed. 12. 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-SB-LA). Therefore to ensure that the conditions of approval as listed in Exhibit B are complied with, the Applicant will be required to obtain CZC approval from the Plannine Department prior to building /parking construction for the office lot All improvements must be installed prior to occupancy b. .Staff Recommendation: Based on the above analysis, Staff fmds that applications AZ-06-064, PP-06- 065, PS-07-001, and ALT-07-001 substantially conform to the Comprehensive Plan policies and UDC standards. Staff recommends approval of said AZ, PP, PS, and ALT applications subject to the conditions listed in Exhibit B. The Meridian Planning and Zoning Commission heard this ~roiect on Marchl5, 2007. At the public hearinE they moved to recommend approval to the City Council. he Meridian City ouncl heard hec .items nn Anril 10 A..rl e...-.~ » ~nn~ s+ +-.p aril 17. 2007.. uubli¢ hearin hey mov d to annrov he c ~biec A7._ PP_ P~_ and Ai applications. 11. EXHIBITS A. Drawings 1. Vicinity Map 2. Preliminary Plat (T'^*°a r^„„^.... ~n~ ~nn~ WISED Apri12, 2007) 3. Landscape Plan (D~te~~Qa~~i-81}T REVISED April 8, 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 8. Settler's Irrigation District C. Legal Description and Annexation Map (l~let Approved) D. Required Findings from Unified Development Code Grau Subdivision - AZ-07-003, PP-07-003, PS-07-001, & ALT-07-001 Page 12 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 A. Drawings 1. Vicinity Map Exhibit A • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 2. Preliminary Plat ( REVISED April 2, 2007) I.- d ~. ey . es66.' r. + o. 3 :..a. Cii. ,~~: aa,:. 99: •~~ !~ E~ ~. .* J-. ~'. b. ~: .~;~ ~• i~ ~~ •'00 ~QBY b,, ,M~~}9'~Qq~gQ'• ' ~'.~!~'9^a6 u~ -~~~ ~~~ ®Fe I ~ ~~ ~ - - !\ ~ ~`• :~ .\,~~ r ~'~. ~~ 1 1 °"~ Exhibit A ,~., _.~.~rM~;. u~+er.8oq ay ry~oam Fx!n'i va+A~.w4.v .~ : . ~n. ~,~ arozwM ~~ ~smu • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 3. Landscape Plan (e~~~y-~z'zA(~f REVISED April 8, 2007) ~~ o~e~ ~r~~~ ~~~~ I1OISIAIQSi1S f1y2IJ 411080 N9L~U S)100Nii - t~a• aav~saKrt ~ J C o • o A 9'L ~ ~~ ~ t; E ~ !- ~ ~ ~* ~ ~~~~ a n .~, r p ~ ~ ~ `~' O a a PPP ~~ ~ , , ~_' ~C ~ a. ~^y ~ ti ~z ~ a~ ~a ~ ~~ ~ ~~~ I ~ ~ ~ ~; ~ ~Fbi ~ ~ ~ O ~ ~ ~ ~ ~ ~ ~ ~, is ~ 5 ~ ~ N [~ Exhibit A _„ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS 1.1.1. The annexation legal description submitted with the application (dated April 4, 2007, and April 10, 2007, and prepared by Michael Marks, 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 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 to initiate this process. The DA shall incorporate the following: • That development of this property shall generally conform to the Preliminary Plat and Landscape Plan prepared by Stanley Consultants, Inc., and Brooks Design Group, respectively. • That no alterations, expansions, reconstructions or other enlargements to the existing structure will be permitted excepting through the Certificate of Zoning Compliance (CZC) process. • 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. • 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-O zone. No ancillary commercial uses or other conditionally allowed uses shall be allowed on this property. • That the hours of operation for the office lot shall be limited to 6 a.m. to 10 p.m. • That a 25-foot wide landscape street buffer will be constructed adjacent to Cherry Lane, located entirely outside of the right-of--way, and said landscape buffers shall be installed prior to occupancy of the first office building on this site. • That a 5-foot wide landscape buffer, constructed in accordance with the UDC, will be installed along the private street at the east property line, and that said land use buffer shall be installed prior to occupancy of the first office building on this site. • That a 10-foot wide landscape buffer, constructed in accordance with the UDC, will be installed on Lot 2 along the east property line, and that said land use buffer shall be installed prior to occupancy of the first office building on this site. • That vehicular access from Cherry Lane to this site shall be restricted to the private street only, as approved by ACRD and the City. • That prior to issuance of a Certificate of Zoning Compliance (CZC) permit for any future use, the Applicant agrees to provide Staff with a recorded copy of across-access, ingress/egress easement to the parcel to the east. • That the Applicant shall be required to install any and all sewer mains, water mains and/or fire hydrants that are deemed necessary during construction plan review. • That the Applicant shall provide easements for all required sewer and water mains that are not located in the right-of--way. Exhibit B ~J CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 • That the Applicant shall be required to install a pressurized irrigation system for this development. The system shall utilize surface water for its primary source. • That the Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process. 1.2 SITE SPECIFIC REQUIlZEMENTS-PRELIMINARY PLAT 1.2.1 The preliminary plat labeled as Sheet O1, prepared by Stanley Consultants, Inc., dated April 2 3;a~A, 2007, is approved, with the conditions listed herein. 1.2.2 The commercial private street shall meet the City's road design standards for private streets. 1.2.3 The Applicant must propose a name for the private street and receive approval from the Ada County Street Naming Committee for said name prior to submittal for final plat. 1.2.4 The single family lots, to be located behind the office lot, must have direct frontage to a public or private street. Construct the shared driveway to flag to the proposed private street, as proposed, with flag widths at 10 ~ feet, 10 feet, and 10 feet for Lots 3, 4, & 5, respectively. 1.2.5 UDC 11-3C-6 requires every single-family dwelling to have atwo-car garage and a 20' x 20' parking pad on the lot. The asphalt for the common driveway shall not count towards the required parking pad area. Comply with all common driveway provisions listed in UDC 11-6C-3D. 1.2.6 The landscape plan prepared by Brooks Design Group, on A rl 8 ~~ 2007, labeled Sheet L1, is approved with the following modifications/notes: • Install permanent perimeter fencing around the proposed subdivision • The landscaping buffer adjacent to Cherry Lane (Lot 1, Block 1) shall extend from the west property line to the proposed sidewalk adjoining the private street. • The landscape planter located adjacent to the~sidevv~N~~leeg the private street shall be a minimum of 5 feet wade, as measured inside curbing, and shall contain one (1) tree and associated shrubbery / groundcover. • The proposed landscaping at the east and west property boundaries shall be planted in accordance with UDC 11-3B-9, which describes landscape buffers to adjoining uses. • Per UDC 11-3B-9C-lb, all buffers between commercial uses and residential uses shall contain trees that will touch at the time of tree maturity. • UDC 11-2B-3 states that a 20 foot wide landscape buffer is required between L-O and Residential uses. UDC 11-SB-5 allows, and the Applicant has applied .for, alternative means to certain standard development regulations, including landscaping requirements. After reviewing the application for a reduction in the landscape buffer requirement, Staff approves the request for Alternative Compliance with the following provisions: a. For the office lot, the landscape buffer at the west property line, adjacent to the parking area should be increased to, at minimum, 10 feet wide and shall contain one tie additional trees. b. The landscape buffer may be reduced to a minimum of 5 feet wide along the eastern property line, as shown on the landscape plan. • Coordinate a tree mitigation plan with Elroy Huff of the Meridian Parks IDepartment. • 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. fig.. ~i m a.,..~ ..w„~ «„ *~e ~.e.,... ,. i.e~ ro r:... n,...~,.:i ~- -i --~ - r--~_ .., ._._ _._ Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 1.2.7 Perimeter fencing is not shown on the submitted landscape plan or preliminary plat. The Applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All perimeter fencing must be completed prior to issuance of building permits. Fencing must 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. 1.2.8 The existing structure that is to remain shall comply with the dimensional standards (setbacks, house size, etc.) of the L-O zone. Prior to signature of the final plat, all other structures that do not meet the dimensional standards should be removed. 1.2.9 Maintenance of all common /landscaped areas shall be the responsibility of the Grau Subdivision Homeowners /Business Owners Association. 1.3 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.3.1 Sidewalks/walkways shall be installed within the subdivision and on Cherry Lane pursuant to UDC 11-3A-17. 1.3.2 All lot lines common to a public right-of--way shall reserve a 10' utility easement. 1.3.3 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.4 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, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized imgation 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. 1.3.5 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. 1.3.6 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. 1.3.7 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. 1.3.8 Staffls failure to cite specific ordinance provisions or terms within the approved annexation / preliminary plat does not relieve the Applicant of responsibility for compliance. 1.3.9 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 W. Cherry Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 Lane. The Applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in W. Cherry Lane. The Applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The Applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.4 The Applicant shall be required to install a pressurized irrigation system to all lots in this subdivision using surface water as the source. If the Applicant does not have any existing surface water they shall present the documentation to the Public Works Department a minimum of 10- days prior to the City Council hearing on this project so they can officially request a waiver on this condition. 2.5 If the City Council waives the requirement for a pressurized irrigation system in this development they shall be responsible for the payment of well development fees prior to signature on the final plat by the City Engineer. 2.6 If the required pressurized imgation system in this development is to be owned and maintained by the Homeowner's Association then plans will be reviewed and approved as part of the construction plan approval. A draft copy of an operations and maintenance manual shall be submitted prior to construction plan approval. 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 water for the primary source. If a surface source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the Developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.8 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. 2.9 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 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. 2.11 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. 2.12 Street signs are to be in place, water system shall be installed and activated, sewer system shall have passed air-testing and video inspection, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall Exhibit B CLTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 be recorded, prior to applying for building permits: 2.13 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 imgation, sanitary sewer, and water. 2.14 All development improvements, including but not limited to sewer, fencing, rnicropaths, pressurized imgation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.15 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. 2.16 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. 2.17 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 2.18 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.19 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shal'1 comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.20 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. 2.21 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. 2.22 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 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 ''/z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 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 turnaround. Phasing of the project may require a temporary, approved turnaround on streets greater than 150 feet in length with no outlet. 3.4 All entrance and internal roads, and cul-de-sacs shall have a turning radius of 28' inside and 48' outside radius. 3.5 Private Alleys and Fire Lanes shall have a 24-foot wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D, Section D103.6 -Signs. 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.8 Maintain a separation of 5' from the building to the dumpster enclosure for . 3.9 All portions of the buildings located within this development must be within 150' of a paved surface as measured around the perimeter of the buildings. 3.10 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). 4. 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. 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. 6. SANITARY SERVICES COMPANY 6.1 Prior to submittal for a Certificate of Zoning Compliance, the Applicant shall submit an approved site plan from SSC. 6.2 The Sanitary Services Company requests that the Applicant provide a turnaround on-site with a minimum 50-foot turning radius. 7. ADA COUNTY HIGHWAY DISTRICT Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 7.1 SITE SPECIFIC REQUIIZEMENTS 7.1.1 Construct a private road intersecting Cherry Lane at the northeast property line, pave the private road a minimum 30-feet into the site and construct the private road not wider than 24-feet. 7.1.2 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. 7.1.3 Comply with all Standard Conditions of Approval. 7.2 GENERAL REQUIItEMENTS 7.2.1 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 maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 Utility street cuts in pavement less than five years old 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 ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The Applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The Applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The Applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACRD 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 Exhibit B • ~i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. SETTLER'S IRRIGATION DISTRICT 8.1 All irrigation /drainage facilities along with their easements must be protected and continue to function. 8.2 A Land Use Change Application must be on file prior to any approvals. 8.3 A license agreement MUST be signed and recorded prior to construction of any S.I.D. facilities. 8.4 Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 8.5 Atl storm drainage must be retained on-site. 8.6 The development must supply irrigation access to all lots within the above-mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre- construction meeting. Exhibit B • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 C. 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DES~f~IPTEON,. _ TH1S PARCI`L„CC3NTA6~1~ a 475~A~F~ES,• ~1ViQRE OR~IE~S, AND LS:'SUEJECfi TO Ah~. .rEXISTJNG EASECUIE~JTS.Ah1D'f~IG~-1T'S QF'Wi4Y~rt '~U11CNAf~ ~.; iMARKS P;,~.S NO 4998: M ~ ~~~ ~ ~ti ~Y.~ -_- ~; 1tia~~Ea~a~ ~e~~~re~. ~-.ofyt6c~ ~i~~T ;: Exhibit C • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 _AP~RIL 4:;-20D7 A PO~F2T10t~ .OF Thil= N~~1/4 4F XHE f~IN 114 OF SECTION _1 a, 1"OWNS~IIP 3.'M1~~,RTH, ~N~~l1 WESTOF' THE I3®I~E ~/1~RIDIAN'6 ~A~;RIQIAN, ADA GC}l9NTY, jDA'~IO .~~E~NG', MORE PAF21`~CI.I±LA~L`(. DESCRI~~l3. AS:FOLLOWS: ",CO~v111r,1E1\ICIiVG,At `T'NT :NORfiHWIST CO-:RNF;R; OF SECTION 10; T 3 :N,t R,'f~'IIV,; "~. hA , THENkCE S $.9°~4'1v1°' E~2:'I$a $8 FEL~`AL{3:l~tG 7`HE ~3;O~T~6~LlN~'.~4F,5A['D _SECTI:ON 1U'Tfl A:;POINT: . T~IENCE S QQ°25''1>2° W x.85:'80 FEET TO THE ~REAI__POINT OF ~~GIN:NINC OF THh~':. DESC~RIP~TEON, _ ..~ ~ ._... _.. _. _ ,. _ . :TFIENGE Naas°~7~3~'"'!='~1~27 65.~~EE~ TO=A POiN~ ~~; ~°HEIVC~E .S ~4°32'28" E 7987.$-F~~T"fO~A,POIN~;' THENCE. N;88°520;3"' W'13Q 9;$' FEET ~o .,4•PAINT; TF~ENCE N i}0'25°"12A ~.:fi94.'98.:E~~T T©; THT= a~AL~ POIN'C OF BECtNNiNfi~ OF TH3 ... _ --- D~ESCRBPTIO'I~P;~,; TFfIS ~'ARC~,L~ CONTAdNS U 584,AC~ES, ~PV10R~~~OR LASS, A'f~D IS SUBJ,ECT'YO~AL~L ~X,i,ST`fN'G EAS~I~E~ITS AND.,RIGHT's oF'VI~AY NII.Cffi4EL E NPARK:S P.,L.,S NO 49:9'.8 7"~ ~~ ' , ~ Pi;; ; At ~~'' .~ ~ ..~. j~L y~~y ~ ` ~f s11' Exhibit C • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 20U7 .q;, ,~ ' 21,95 $t3' ' ~ ~.. :..: `.o_ ~~ - _~~. __ ~ ~' ~. ~60VAt ,~ i„ ~ T„ ~~ 2. ~'.~ ~JV~L~T~ED ,. -' ~- ~ o S $x'27'32"' ~ :'L '.W =~ .1. (. f .~N y. I„ ~I ~ I• I• t'' -~~ _ ~~~sti~~ -; ~.~ .. Exhibit C • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 D. Required Findings from the UDC 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 the subject property L-O (Limited Office) and R-8 (Medium Density Residential). The Council finds that the proposed zoning map amendment generally complies with the applicable provisions of the Comprehensive Plan and the zoning designations of L-O and R-8 are appropriate for this site. Please see Comprehensive Plan Policies and Goals., Section 8, of this Staff Report. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that office uses are allowed within the requested zoning district of L-O. The Council further finds that single-family residences are allowed within the requested zoning district of R-8 as a Principally Permitted Use. The accompanying plat demonstrates the land will be developed with varying lot sizes and other dimensional requirements which conform to the proposed zoning designations. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff and the Commission recognize that traffic and noise may increase with the approval of this proposal. However, Staff and the Commission do not believe that the amount generated will be detrimental to the general welfare of the public. The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. However, Staff and the Commission recommend the Council rely on any oral or written testimony that may be provided when determining this fmding. 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 fmds that the proposed zoning amendment will not result in any adverse impact upon delivery of services by any political subdivision providing services to this site, as conditioned in the staff report. e. The annexation is in the best of interest of the City (UDC 11-SB-3.E). The Council finds that all essential services will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The Applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan and this is a logical expansion of the City limits. The Council finds that Annexation and Zoning of this property to L-O and R-8 would be in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; Exhibit D C~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 The Council finds that the proposed application is generally compatible with the adopted Comprehensive Plan. The Council supports the proposed density and proposed plat layout, with recommended changes, as they generally 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 can be made available to accommodate the proposed development. (See finding Items 3 and 4 above under Annexation Findings for more details.) 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 the Council rely upon comments from the public service providers (i.e., police, fire, AChID, 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. ACRD considers road safety issues in their analysis. Staff and the Commission recommend that the 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. f. 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 Commission 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 that the 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 and the Commission are unaware. 3. Private Street Findings: a. The Design of the private street meets the requirements of this Article; The Applicant will have to certify that the Ada County Street Naming Committee will accept the proposed private street name. The design of the streets shall meet the standards as set forth in UDC 11-3F-4. No gates are allowed. Roadway and storm drainage shall be contained on site. b. Granting approval of the private street would not cause damage hazard, or nuisance, or other detriment to persons property, or uses in the vicinity; and Staff and City Council do not anticipate any hazard, nuisance or other detriment from the private street if it is constructed and maintained as designed, with modifications as outlined in this report. c. The use and location of the private street shall not conflict with the Comprehensive Plan and/or the regional transportation plan. Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 The Council finds that the location of the private street does not conflict with the Comprehensive Plan and/or the regional transportation plan. 4. Alternative Compliance Findings (iJDCI I-SB-SE): a. Strict adherence or application of the requirements are not feasible; OR UDC 11-2B-3A-1 requires a 20-foot wide land use buffer between commerciaU office uses and residential uses. However, due to size constraints of the subject property, which totals 125 feet, installation of 20-foot landscape buffers at the east and west property lines (or 40 feet of landscaping in total) would not allow for efficient redevelopment of the site. By the time the Applicant constructs an approximately 30-foot wide private street including sidewalk, and the width of the home is accounted for, which measures approximately 75 feet wide, only 15-20 feet of property remain for both landscaping buffers. Therefore, the Council fmds that strict observance of Meridian's landscaping standards is not feasible. b. The alternative compliance provides an equal or superior means for meeting the requirements; and The Council determines this fmding not applicable to the subject applications. c. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Council determines this fmding not applicable to the subject applications. Exhibit D • April 27,.2007 PP 07-005 MERIDIAN CITY COUNCIL MEETING May 1,2007 APPLICANT Stanley Consultants ITEM NO. 5-~ REQUEST Findings for Approval -- Request for Preliminary Plat approval of 1 office lot in the proposed L-O zone, and 3 single family residential lots in the proposed R-8 zone on 1.0 acres for Grau Subdtviston -- 4135 West Cherry Lane AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Findtn9s CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: „ / CITY PARKS .DEPT: ~J~' MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: {NTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: ~ ~7 6 Phone: ~~~ 73 Emailed: (~ ,' @ ~n / ad . coy,, toff I itials: Material: presented cit public meettnpa:hall become property of the City of Meridian. ~J • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • .~, :~ `t ~" C!'fY OF ~ -,. z.. - ~®~~w4 In the Matter of Annexation and Zoning of 1.0 acres from R1 (Ada County) to the L-O (Limited Office) district for 0.32 acres and the R-8 (Medium Density Residential) district for 0.68 acres AND Preliminary Plat approval of 1 office lot in the proposed L-O zone and 3 single-family building lots in the proposed R-8 zone AND construction of a private road AND Alternative Compliance to the landscaping standards for Grau Subdivision, by Stanley Consultants Case No(s). AZ-07-003, PP-07-005, PS-07-001, & ALT-07-001 For the City Council Hearing Date of: April 17, 2007 (Continued from Apri110, 2007) Findings on the May 1, 2007, City Council agenda A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 17, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 17, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 17, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 17, 2007, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975.," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). AZ-07-003, PP-07-005, PS-07-001., & ALT-07-001 • • The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of April 17, 2007, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: The Applicant's Preliminary Plat, as evidenced by having submitted the Preliminary Plat, REVISED Apri12, 2007, is hereby conditionally approved; 2. The Applicant's Landscape Plan, as evidenced by having submitted the Landscape Plan, REVISED April 8, 2007, is hereby conditionally approved with the following modification: That the Applicant install permanent perimeter fencing around the proposed subdivision. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of April 17, 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). AZ-07-003., PP-07-005, PS-07-001, & ALT-07-001 • • within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of tune 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. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty- eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521, an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of 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. F. Attached: Staff Report for the hearing date of April 17, 2007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). AZ-07-003, PP-07-005, PS-07-OOi, & ALT-07-001 • • By action of the City Council at its regular meeting held on the ` / day of 2007. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD VOTED_Z~~f,~... VOTED__ `%~ VOTED__Z~~ VOTED__~'~~- _~ VOTED MAYOI~~ ~ '/de~,WEERD ATTEST: 1, C)~ ~.p,~ r~ ~° ;' ,~" o _ ~~~ _ WILLIAM G. BERG, JR., Y CL RIB ~ ~~ ~' ~ ~ '/////flllli liit~~~``` Copy served upon: /~ Applicant /~ Planning Department -fir Public Works Deparhnent City Attorney By: Dated: 5 - 3- O-1 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE IVO(S). AZ-07-003, PP-07-005, PS-07-001, & ALT-07-001 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 STAFF REPORT Hearing Date: 4/17/2007 Continued From: 4/10/2007 TO: Mayor & City Council FROM: Amanda Hess, Associate City Planner (208) 884-5533 SL7BJECT: Grau Subdivision • AZ-07-003 1 +r . ~~, 1 ~ [:ITY QF ~~ ~_~~~, ~, t - ID.+~HQ , ~`~ ~' A - - f` Annexation and Zoning of 1.0 acres from Rl (Ada County) to the L-O (Limited Office) district for 0.32 acres, and the R-8 (Medium Density Residential) district for 0.68 acres • PP-07-005 Preliminary Plat of 1 office lot and 1 common lot in the proposed L-O zone, and' 3 single-family building lots in the proposed R-8 zone • PS-07-001 Request to construct 1 private road to access the proposed office lot • ALT-07-001 Alternative Compliance for the 20-foot required landscape buffer adjacent to residential uses 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Stanley Consultants, has applied for Annexation and Zoning (AZ) of 1.0 acres from R1 (Ada County) to the L-0 (Limited Office) and R-8 (Medium Density Residential) zoning districts; and Preliminary Plat approval of 1 office lot and 1 common lot in the proposed L-0 zone, and 3single-family building lots in the proposed R-8 zone for Grau Subdivision. The subject property is located on the south side of Cherry Lane, approximately'h 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 S 1210212465. The site has not been previously platted. The subject property is within the City's Area of Impact and Urban Service Planning Area. 2. SUMMARY RECOMMENDATION Generally, the Planning Director is the final decision maker on Private Street and Alternative Compliance applications. However, because the City Council is the final decision making body on the Annexation and Preliminary Plat applications, all of the subject applications are being combined into one staff report. The Commission must make a formal recommendation to the Council on the Annexation and Zoning and Preliminary Plat applications, as those are public hearing items. The Commission should also review and make recommendations regarding the private street and alternative compliance applications, if applicable, as these applications are key to the current layout of the proposed development. The subject applications (AZ-07-003, PP-07-005, PS-07-001, & ALT-07-001) were submitted to the Planning Grau Subdivision - AZ-07-003, PP-07-005, PS-07-001, & ALT-07-001 Page 1 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 Department for concurrent review. Staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning, Preliminary Plat, Private Street, and Alternative Compliance applications. Staff is recommending approval of the proposed Grau Subdivision subject to the conditions listed in Exhibit B of the Staff Report. 'The Meridian. Planning and Zoning Commission heard this proiect on March 15 2007 At the public hearing. they moved to recommend approval to the City Council a. Summary of Public Hearing: i. In favor: Kandi Hall (Applicant's Representative) Larry 1~(Developer) Bill Grau Property Owner) ii. In opposition: None iii, Commentin :None iv. Written testimony: None v. Staff presenting application: Amanda Hess vi. Other Staff commenting on application: None b. Kev Issues of Discussion by Commission: i. Fencing -Applicant has agreed to install any necessary perimeter fencing to match that of the adjacent properties ii. Relocating the internal sidewalk from the east side of the building to the west c. Kev Commission Changes to Staff Recommendation• i. The Applicant shall provide sidewalk which extends from the proposed office building out to Cherry Lane to be located at the west side of the building d. Outstanding .Issue(s) for City Council: i. The Commission did not make a motion to require the installation of perimeter fencing, as a eed to by the Applicant ii. The Applicant has provided Staff with the revised preliminary plat and landscape plan. The updated plans are included and evaluated in the staff report a. i. In favor:. Wendy Kirkpatrick (Applicant's Reprecertativel• Rill Cara„ (PrnnPrrv Owner -- - -- - -- ---- - - - ii. In opposition: None iii. Commentine: None iv. Written testimony: None v. Staff presenting application: Anna Carmine vi. Other staff commentine on applicatior• None b. ev Icc ~ c of Di ~ ion by ouncil• i. Applicant's request to enclose /convert the carport tc, hecnmP Harr of the PY;~t;,,a bui- ldme C. ev COUnCII rhanoec to C'.nmmiccinn RPrnmmPnrlatinn• i. The Applicant shall provide perimeter fencime around the subdivision 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Numbers AZ-07-003 and PP-07-005 (PS-07-001 & ALT-07-001 optional) as presented in the staff report for the hearing date of April 17, 2007, with the following modifications to the conditions of approval: (Add any proposed modifications.) Grau Subdivision - AZ-07-.003, PP-07-005, PS-07-001, & ALT-07-001 Page 2 r~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 Denial After considering all Staff, Applicant, and public testimony, I move to deny File Numbers AZ-07-003 and PP-07-005 (PS-07-001 & ALT-07-001 optional) as presented during the hearing on April 17, 2007, for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reasons for denial of the preliminary plat request.) Continuance After considering all Staff, Applicant, and Public testimony, I move to continue File Numbers AZ-07- 003 and PP-07-005 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: 4135 West Cherry Lane Meridian, ID 83642 Section 10, T3N, R1W b. Applicant: Stanley Consultants 1940 South Bonito Way, Suite 140 Meridian, ID 83642 c. Owner: Bill Grau 4135 West Cherry Lane Meridian, ID 83642 d. Representative: Kandi Hall, Stanley Consultants e. Present Zoning: R1 (Ada County) £ Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: 1. Date of Preliminary Plat (See Exhibit A): Y^*°-' T^~••^~• ~~, ~nn~ REVISED AUri12, 2007 2. Date of Landscape Plan (See Exhibit A): Gated-3a~u~-3-1~29(~T REVISED Apri18, 2007 h. Applicant's Statement/Justification: The subject property is currently being used as a residence. The existing home will be converted to an office use and the existing shop buildings will be removed. A parking lot will be constructed for the proposed office building. The proposed uses for the subject property are residential and commercial; R-8 zoning for the three residential lots and L-O zoning for the fourth lot which will be used for a light-office purpose. The proposed residential lots will meet the dimensional standards for the R-8 zoning district and the proposed light-office lot will meet all dimensional standards for the L-O zoning district. Each lot will have frontage on Cherry Lane. A 25-foot landscape buffer is proposed for the portion of the subdivision which borders Cherry Lane. Due to the location of the subject property, it is impossible to meet the 20-foot landscaping Grau Subdivision - AZ-07-003, PP-07-005, PS-07-001'., & ALT-07-OOI Page 3 • u CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 requirement that the Code requires and, therefore, we are requesting alternative compliance. We propose landscaping along the east side of the proposed private driveway. We are willing to meet any other conditions the City may require. We are also submitting a private street application, as Staff recommended this would be the most appropriate way to gain access to a commercial site. We wish to meet all of the City's requirements. 5. PROCESS FACTS a. The subject application will, in fact, constitute an annexation and/or 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 City Council on this matter. b. The subject application will, in fact, constitute a preliminary plat, as determined by City Ordinance. By reason of the provisions of the Meridian City Code, Title 11, Chapter 5, a public hearing is required before the City Council on this matter. c. The subject application will, in fact, constitute a private street, as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11, Chapter 5, a public hearing is required before the City Council on this matter. d. The subject application will, in fact, necessitate alternative compliance, as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11, Chapter 5, a public hearing is required before the City Council on this matter. e. Newspaper notifications published on: February 26, 2007, & March 12, 2007 (Planning & Zoning Commission) March 19, 2007, & March 2 2007 (City Council) £ Radius notices mailed to properties within 300 feet on: February 16, 2007 (Planning & Zoning Commission) March 16, 2007 (City Council) g. Applicant posted notice on site by: March 5, 2007 (Planning & Zoning Commission) March 31, 2007 (City Council) 6. LAND USE a. Existing Land Use(s): One existing residence and other out buildings. b, Description of Character of Surrounding Area: A mix of single family residential housing types within the City of Meridian c. Adjacent Land Use and Zoning: 1. North: Golf View Estates Subdivision, zoned R-4; Cherry Lane Village Subdivision, zoned R-4 2. East: Rod's Parkside Creek Subdivision, zoned R-4 3. South: Cherrywood Village Subdivision, zoned R-8 4. West: Cherrywood Village Subdivision, zoned R-8 d. History of Previous Actions: N/A Grau Subdivision - AZ-07-003, PP-07-005, PS-07-007, & ALT-07-001 Page 4 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: There is sewer available in W. Cherry Lane. Location of water: There is water available in W. Cherry Lane Issues or concerns: The plat does not depict a pressurized irrigation system as required by ordinance. There is a note on the preliminary plat that states, "Pressure irrigation system will be provided to each lot by a culinary system." City Code, however, requires all developments to provide pressurized imgation system to every lot within a subdivision with surface water as the main source. However, City Code allows for City Council to waive this requirement only if the property does not have any water rights. 2. Vegetation: Existing trees should be retained, mitigated for, or relocated on site 3. Floodplain: N/A 4. Canals/Ditches/Irrigation: N/A 5. Hazards: N/A 6. Proposed Zoning: R-8 & L-O 7. Size of Property: 1.0 acres £ Subdivision Plat Information: 1. Residential Lots: 3 2. Non-residential Lots: 1 3. Total Building Lots: 4 4. Common Lots: 1 5. Total Lots: 5 6. Open Lots: 0 7. Residential Area: 0.683 acres 8. Gross Density: ~4.0 units per acre 9. Lot Sizes: Lot sizes range from 4,860 square feet for the office lot to approximately 11,175 square feet. The average lot size is approximately 9,.125 square feet. g. Landscaping: 1. Width of street buffer(s): Cherry Lane is classified as an arterial road. The UDC (Table 11-2A-5) requires a 25-foot wide street buffer adjacent to arterials. The landscape plan proposes a 25-foot wide buffer along Cherry Lane. 2. Width of buffer(s) between land uses: Twenty feet (20') of landscape buffer required between the portion of the property to be zoned L-O, and the residential properties to the west, zoned R-8 (See UDC Table 11-2B-3). The applicant has submitted an alternative compliance application regarding the landscaping to adjoining uses. See below for analysis. 3. Percentage of landscaped area: ~25% (0.25 acres) 4. Other landscaping standards: UDC 11-3B-8 requires landscaping within and around parking lots. The landscaping standards for parking lots will be applied as part of the issuance of a Certificate of Zoning Compliance. Grau Subdivision - AZ-07-003, PP-07-005, PS-07-001, & ALT-07-001 Page 5 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 h. Off-Street Parking (Non-Residential Uses) Parking spaces required: UDC 11-3C-6B establishes minimum parking standard for non- residential uses. Within commercial districts, spaces shall be provided at one per 500 square feet of gross floor area. 2. Parking spaces proposed: There are nine parking spaces shown on the office lot on the preliminary plat. Staff will ensure adequate parking with the CZC review. 3. Compact spaces proposed: 0 4. Off-site parking proposed: N/A 5. Percentage of interior parking as landscaping: Prior to issuance of any Certificates of Occupancy, Staff will ensure that the proposed parking lot is improved with landscaping according to UDC requirements. i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The sole access to the development will be from a proposed private street intersecting Cherry Lane. The access is to be located approximately 400 feet west of the '/z mile section between Ten Mile and Black Cat Roads. ACRD is supportive of the proposal as long as all Site Specific and General Requirements are met. (See Exhibit B-7) 7. COMMENTS MEETING On February 23, 2007, Planning Staff held agency comments meetings. The agencies and departments present included: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Sanitary Services, and the Meridian Public Works Department. Staff has attached all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. In Chapter VII of the Comprehensive Plan, "Medium Density" areas provide for smaller lots for residential purposes within City limits. Uses may include single-family homes at densities of 3 to 8 dwelling units per acre. However, in 2004, the City approved Resolution No. 04-454, which amended Chapter VII, Section 1, of the Comprehensive Plan to include the following language: "At the discretion of City Council, areas with a residential Comprehensive Plan designation may request office uses if the property has frontage on an arterial street or a section line road and is 3 acres in size or less in size. In this instance, no ancillary commercial uses shall be permitted." Staff finds that the subject property has frontage on an arterial street, Cherry Lane, and is less than 3 acres in size (1.0 acres). According to Resolution No. 04-454, the subject parcel is eligible for an office use/zone, if the Commission and Council fmd the zoning is appropriate for this site. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (Staff analysis in italics): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, property. The City of Meridian plans to provide annexed in the following manner: it planned to provide City services to the subject municipal services to the lands proposed to be • Sanitary sewer and water service will be extended to the project at the developer's expense. Grau Subdivision - AZ-07-003, PP-07-005, PS-07-001, & ALT-07-001 Page 6 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 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 #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter V, Goal III, Objective D, Action item 5 - "Require all commercial businesses to install and maintain landscaping." Staff is conditioning approval of the subject applications upon the Applicant installing and maintaining landscaping on this site. Refer to the preliminary plat analysis, Section 10, for more information on landscaping at this site. 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 proposed sidewalk that is to be constructed along Cherry Lane which will offer means for bicycle and pedestrian travel. A sidewalk will also be provided from Cherry Lane which will run contiguous with the private street. • Chapter VII, Goal N, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. The Applicant is proposing mixed zoning for residential and office uses. Staff finds that the developments to the south, east, and west are compatible with the proposal, the lot sizes blend well with that of Rod's Parkside Creek Subdivision and Cherrywood Village Subdivision. The existing residence to the northeast, sited on a 1-acre lot and zoned R-4, has also been buffered with landscaping and appropriate sized lots. Staff believes that this project does propose land uses that are generally compatible with the existing uses in the area. The Commission and Council should note that the UDC requires land use buffers between commercial / off ce uses and residential uses. The Applicant has provided landscaping buffers at the east and west property lines, where the office use will be adjacent to residences. However, due to size constraints of the subject property, the Applicant is unable to provide the full buffer widths of 20 feet at the aforementioned property lines, and has submitted alternative compliance for this reason. Refer to the preliminary plat analysis, Section 10, for more information regarding alternative compliance. • Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow (Chapter VI, Goal II, Objective A, Action 6) The adjacent properties have not provided stub connections to the subject site; therefore, the property will take direct access from Cherry Lane. Grau Subdivision - AZ-07-003, PP-07-005, PS-07-001, & ALT-07-001 Page 7 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 Staff finds that the proposedR-8 Zoning is harmonious with and in accordance with the Comprehensive Plan. Staff further finds that L-O zoning designation is harmonious with and in accordance with the Comprehensive Plan, as amended by Resolution No. 04-454, if the Commission and Council believe the zoning is appropriate. Staff recommends that the Commission and Council rely on Staff s analysis, other agency /department comments, and any other comments received regarding the appropriateness of zoning a portion of this site for office use(s). 9. ZONING ORDINANCE a. Zoning Schedule of Use Control 1. R-8 Districts: UDC 11-2A-21ists single-family dwellings as a Permitted Use in the R-8 zone 2. L-O Districts: UDC Table 11-2B-2 lists several uses as permitted and conditional uses in the L-0 zoning district. UDC 11-SB-1 requires that Certificates of Zoning Compliance be obtained prior to construction and commencement of said types of uses in order to ensure compliance with all applicable provisions of the iJDC. b. Purpose Statement 1. Residential Zoning: 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. 2. Commercial Zoning: The purpose of the L-0 zone is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar used which shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration, or enussions of a nature offensive to the overall purpose of the District. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Unified Development Code, Staff believes that this is a suitable location for the proposed office use and single-family development. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. Legal Description: The annexation legal description submitted with the application (prepared by Michael Marks, PLS, on April 4, 2007, and April 10, 2007) shows the property as contiguous to the existing corporate boundary of the City ofMeridian. ~~.°°•~°-, ~~° ~°~~~ a°~,...:..*' ~ ~~. D o b All future uses on this property should 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, and should be constructed in accordance with City of Meridian ordinances in effect at the time of development. Special Considerations: Grau Subdivision - AZ-07-003, PP-07-005, PS-07-001, & ALT-07-001 Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 Development Agreement: UDC 11-SB-3D2 and Idaho Code § 65-6711 A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Due to the proposed use, 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 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. 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 suitable location for the proposed development. Please see Exhibit D for detailed analysis of facts and findings for a preliminary plat. Access /Private Streets: The Applicant has proposed a private street from Cherry Lane as the sole access to the subject development. City and ACRD Staff are generally supportive of the private street access, as proposed. The Applicant proposes to construct the private street with a 26-foot wide street section, as measured from back-of--curb, and sidewalk on one side, within a private street lot to serve the office lot. No on-street parking should be allowed along or within the private street. The private road should be signed as "No Parking" as per the Meridian Fire Department's comments. Please see Exhibit D for the required findings for a private street. As there exists an approximately 1-acre property to the east, currently zoned R-4, Staff believes the site has the potential to redevelop in the future. Upon said redevelopment, City Staff is confident that ACRD Staff would prefer restricting road access to Cherry Lane, if alternate off-.site access is available. Therefore, City Staff will require that the Applicant dedicate across-access, ingress/egress easement to the parcel to the east, and subsequently record said document. At this time, the private street does not have a name. Amongst other private street requirements, the Applicant will have to certify that the Ada County Street Naming Committee will accept a private street name. Prior to signature of the final plat, the Applicant should provide documentation of a binding contract that establishes who is responsible for the repair and maintenance of the private streets (UDC 11-3F-3B4). The private street easements shall be depicted on the face of the final plat(s) (UDC 11-3F-3B3). Design and construction of the private street shall comply with UDC 11-3F4. The Applicant should also note that gates are prohibited on private streets (iTDC 11-3F-4A4). 2. Common Driveways: One shared driveway is proposed within this development; between Lots 3, 4 & 5, Block 1. This common driveway picks up at the terminus of the commercial private street serving Lot 2. Per UDC 11-2A-3B-3, the street frontage requirement for three properties sharing a common drive shall be a minimum of ten feet for each property. Staff is generally supportive of the proposed common driveway. Grau Subdivision - AZ-07-003, PP-07-005, PS-07-001, & ALT-07-001 Page 9 • CITY OF MER'I'DIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 UDC 11-6C-3D7 requires setbacks, building envelopes, and orientation of the lots and structures to be shown on the plat; building setbacks should be measured from the edge of the common driveway easement or property lines; whichever is more restrictive. Further, UDC 11-3C-6 requires every single-family dwelling to have atwo-car garage and a 20' x 20' parking pad on the lot. The asphalt for the common driveway should not count towards the required parking pad area. Comply with all common driveway provisions listed in UDG 11-6C-3D. 3. Landscaping: The Applicant has supplied 25% of the site in the form of landscaping. Staff is generally supportive of the proposed landscape plan prepared by Brooks Design Group, labeled Sheet L1, and dated April g a~~aa~~, 2007. The plan shall demonstrate compliance with the following standards. The Applicant is proposing a 25-foot wide landscape buffer along Cherry Lane, an arterial roadway. Staff is generally supportive of the proposed landscape buffer. All landscaping along Cherry Lane should conform to the requirements of UDC 11-3B-7. UDC 112B-3A establishes the minimum landscaping buffer from office uses to residential uses to be 20 feet. As required by Ordinance, the Applicant has supplied a 20-foot landscape buffer between the proposed office and proposed single family lots. However, the Applicant has stated that the existing home to remain is to be converted to an office building. The footprint of the existing home encroaches 10 feet and the parking lot encroaches as much as 18 feet into the required 20-foot landscaping buffer between the proposed office lots and the existing single family development to the west. Therefore, the Applicant has submitted an Alternative Compliance application to mitigate for this (See Alternative Compliance analysis below). The Applicant proposes a 7-foot wide buffer adjacent to the parking stalls and a 2-foot buffer adjacent to the drive aisle at the east property line. Staff believes that the buffer between the parking area and the residential properties to the west should be increased to, at minimum, 10 feet wide and should contain, at minimum, two trees. Per UDC 11-3B-8C-2a, for all parking lots, landscaping planters shall be a minimum of 5-feet wide. Additionally, each planter shall be landscaped with at least one tree and covered with low shrubs', lawn, or other vegetative ground cover. All landscaping buffers shall be, at a minimum, 5 feet in width (iJDC 11-3B-8C-la). Maintenance of all common areas shall be the responsibility of the Grau Homeowners /Business owners Association. 4. Alternative Compliance: UDC 11-2B-3A-1 requires a 20-foot wide land use buffer between commerciaU office uses and residential uses. However, due to size constraints of the subject property, which totals 125 feet, installation of 20-foot landscape buffers at the east and west property lines (or 40 feet of landscaping in total) would not allow for efficient redevelopment of the site. By the time the Applicant constructs an approximately 30-foot wide private street including sidewalk, and the width of the home is accounted for, which measures approximately 75 feet wide, only 15-20 feet of property remain for both landscaping buffers. Therefore, the Applicant has submitted application for alternative compliance approval and proposes to construct a 5-foot wide landscape buffer at the east property line. In lieu of providing the 20-foot landscaping buffers at the east and west property lines, the Applicant will install denser vegetation in said buffers in the form of additional trees and shrubbery. Staff is especially supportive of the proposed landscape buffer adjacent to the private street, as it will help to mitigate the effects resulting from increased traffic to the subject site. Grau Subdivision - AZ-07-003, PP-07-005, PS-07-001, & ALT-07-001 Page 10 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 In order to grant approval for alternative compliance, the Planning Department shall make the following determinations: 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, with the aforementioned modifications (see Landscaping analysis above), the alternative landscaping proposal does provide for alternative means in which to meet the intended purposes of the landscaping regulations, and explicit compliance to said regulations is not feasible. Please see Exhibit B for detailed conditions of approval and Exhibit D for the alternative compliance findings. 5. 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 and meet the intent of Resolution No. 04-454. However, there are several retail and ancillary commercial uses that can occur in the L-0 zone with conditional use permit approval. Therefore, Staff recommends that the City limit the uses which can operate on the site to office/clinic type through a development agreement. This recommendation is intended to protect the neighbors from more intense commercial uses that could potentially take place on this property, and to ensure that the intent of Resolution No. 04-454 (light office, low-impact businesses, etc.) is upheld. 6. Hours of Operation: Consistent with previous Commission actions, Staff is recommending that the hours of operation for businesses on this site be limited to 6 a.m. to 10 p.m. through a development 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 utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle- point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Fencing: Perimeter fencing is not shown on the submitted landscape plan or preliminary plat. 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. 9. Ditches, Laterals, and Canals: As per UDC 11-3A-6, all irrigation ditches, laterals, or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. 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 Grau Subdivision - AZ-07-003, PP-07-005, PS-07-001, & ALT-07-001 Page 11 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 those removed. Required landscaping trees will not be considered as replacement trees for those that are removed. The Applicant must coordinate a mitigation plan with Elroy Huff at the Meridian Parks Department. 11. Existing Structures: The site currently contains multiple buildings. The existing structure that is to remain shall comply with the dimensional standards (setbacks, house size, etc.) of the L-0 zone. Prior to signature of the final plat, all other structures that do not meet the dimensional standards should be removed. 12. 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-SB-lA). Therefore to ensure that the conditions of approval as listed in Exhibit B are complied with the Applicant will be required to obtain CZC approval from the Plannine Department prior to building /parking construction for the office lot All improvements must be installed prior to occupancy b. Staff Recommendation: Based on the above analysis, Staff finds that applications AZ-06-064, PP-06- 065, PS-07-001, and ALT-07-.001 substantially conform to the Comprehensive Plan policies and UDC standards. Staff recommends approval of said AZ, PP, PS, and ALT applications subject to the conditions listed in Exhibit B. The Meridian PlanninE and Zoning Commission heard this proiect on March 15, 2007. At the public hearing then moved to recommend approval to the City Council. The Meridian City Council heard thec tte..._s on A•,r_> >n amp s„r;> » 'fnn7 At the aril 17. 2007. public h grin hev mov d to annrov the ~biert A7._ PP_ Pc_ ~.,- i.T applications. 11. EXHIBITS A. Drawings 1. Vicinity Map 2. Preliminary Plat (Dote-' T.,.,,.,,..., ~n~ ~nn~ WISED Apri12,2007) 3. Landscape Plan (Elated-J,an~, 2~A0~ REVISED Apri18, 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 8. Settler's Imgation District C. Legal Description and Annexation Map (l~le>E Approved) D. Required Findings from Unified Development Code Grau Subdivision - AZ-07-003, PP-07-005, PS-07-001, & ALT-07-001 Page 12 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 A. Drawings 1. Vicinity Map Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 2. Preliminary Plat ( REVISED Anri12.2007) i.. ' ~ Y s• ~' ~; ~Ia !~ I I ~9. ~ I 1 S.9 I 6~y-.~ i. ~T .~ W 6 P e#t 8= 1 ..1.. .. - ~~~t. II _ ~ I ~._ _ 8 ' '\`, 1 1 - '~ I ~,.~' 'r I r ~: 1 ~. ; r ~~ l 6 e.. ~ i '~ ~__ ' ' _. -~~ C Q ___- Y 1 •I 1. rl ~ ~ ~ _ - l ,~ ...... x I I ... . __ J(~ ~ 1 '' Q . ... . / -~''~ I - I '~. I I I l ~: ~ I ~- ~,# ~~ i -, F' I Sri-L J_. ,~~ ... /f.~ `\ -- ~ 1 ~- _ ._.~ 1 i . . i , ~ ~,, I ~ r i.. Exhibit A n~~mcW , k~~+aa%.~n'7 ~~ ~.~ ~01. W ~'IL~p 8001 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 3. Landscape Plan (L~a~e~ da~tta~-~-}~.'29(~'~ REVISED April 8, 2007) ma~vJ amn~na •r~caai ~ ~°~ l~IOISLt~iQHl1S 11H2I`J dnaa~ K~r~a syioo ~ ~~ C. oA9E ~ ~' ~ ~~~~ !. A r. a ~-~ ~~ ~ ~ ~~ ~~ ~ ~~~ ppe ~ ~ ~ R R. E o ~ 3 ~ .~~ ~ !1 ~, j ~~, ;~, o , -- ~ .~ .~ ..... .~ a ~ ~~ ~ s ~~, ~ ~~ 4 ~ i ~ ice . r ~ ~' ~e ~ J e •~ a j ~, 3 ~~ ~~ ~ ~;. ~~ Exhibit A i i ~~. L~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS 1.1.1 The annexation legal description submitted with the application (dated April 4, 2007, and April 10, 2007, and prepared by Michael Marks, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.1.2 Any fixture 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 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 to initiate this process. The DA shall incorporate the following: • That development of this property shall generally conform to the Preliminary Plat and Landscape Plan prepared by Stanley Consultants, Inc., and Brooks Design Group, respectively. • That no alterations, expansions, reconstructions or other enlargements to the existing structure will be permitted excepting through the Certificate of Zoning Compliance (CZC) process. • 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. • 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-O zone. No ancillary commercial uses or other conditionally allowed uses shall be allowed on this property. • That the hours of operation for the office lot shall be limited to 6 a.rn. to 10 p.m. • That a 25-foot wide landscape street buffer will be constructed adjacent to Cherry Lane,. located entirely outside of the right-of--way, and said landscape buffers shall be installed prior to occupancy of the first office building on this site. • That a S-foot wide landscape buffer, constructed in accordance with the UDC, will be installed along the private street at the east property line, and that said land use buffer shall be installed prior to occupancy of the first office building on this site. • That a 10-foot wide landscape buffer, constructed in accordance with the UDC, will be installed on Lot 2 along the east property line, and that said land use buffer shall be installed prior to occupancy of the first office building on this site. • That vehicular access from Cherry Lane to this site shall be restricted to the private street only, as approved by ACPID and the City. • That prior to issuance of a Certificate of Zoning Compliance (CZC) permit for any future use, the Applicant agrees to provide Staff with a recorded copy of across-access, ingress/egress easement to the parcel to the east. • That the Applicant shall be required to install any and all sewer mains, water mains and/or fire hydrants that are deemed necessary during construction plan review. • That the Applicant shall provide easements for all required sewer and water mains that are not located in the right=of--way. Exhibit B ~• • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 • That the Applicant shall be required to install a pressurized irrigation system for this development. The system shall utilize surface water for its primary source. • That the Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process. 1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.2.1 The preliminary plat labeled as Sheet O1, prepared by Stanley Consultants, Inc., dated Ayri1 2 ~amta~~8, 2007, is approved, with the conditions listed herein. 1.2.2 The commercial private street .shall meet the City's road design standards for private streets. 1.2.3 The Applicant must propose a name for the private street and receive approval from the Ada County Street Naming Committee for said name prior to submittal for final plat. 1.2.4 The single family lots, to be located behind the office lot, must have direct frontage to a public or private street. Construct the shared driveway to flag to the proposed private street, as proposed, with flag widths at 10 ~ feet, 10 feet, and 10 feet for Lots 3, 4, & 5, respectively. 1.2.5 UDC 11-3C-6 requires every single-family dwelling to have atwo-car garage and a 20' x 20' parking pad on the lot. The asphalt for the conunon driveway shall not count towards the required parking pad area. Comply with all common driveway provisions listed in iJDC 11-6C-3D. 1.2.6 The landscape plan prepared by Brooks Design Group, on April 8 X3.1-, 2007, labeled Sheet L1, is approved with the following modifications/notes: • Install permanent perimeter fencing around the proposed subdivision • The landscaping buffer adjacent to Cherry Lane (Lot 1, Block 1) shall extend from the west property line to the proposed sidewalk adjoining the private street. • The landscape planter located adjacent to t:lt~e-sidew~all~-slang the private street shall be a minimum of 5 feet wide, as measured inside curbing, and shall contain one (1) tree and associated shrubbery / groundcover. • The proposed landscaping at the east and west property boundaries shall be planted in accordance with UDC 11-3B-9, which describes landscape buffers to adjoining uses. • Per UDC 11-3B-9C-lb, all buffers between commercial uses and residential uses shall contain trees that will touch at the time of tree maturity. • UDC 11-2B-3 states that a 20 foot wide landscape buffer is required between L-O and Residential uses. UDC 11-SB-5 allows, and the Applicant has applied for, alternative means to certain standard development regulations, including landscaping requirements. After reviewing the application for a reduction in the landscape buffer requirement, Staff approves the request for Alternative Compliance with the following provisions: a. For the office lot, the landscape buffer at the west property line, adjacent to the parking area should be increased to, at minimum, 10 feet wide and shall contain one ~e additional trees. b. The landscape buffer may be reduced to a minimum of 5 feet wide along the eastern property line, as shown on the landscape plan. • 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. ,. i.o~' r~•« r •, Y ° Exhibit B • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 1.2.7 Perimeter fencing is not shown on the submitted landscape plan or preliminary plat. The Applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All perimeter fencing must be completed prior to issuance of building permits. Fencing must 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. 1.2.8 The existing structure that is to remain shall comply with the dimensional standards (setbacks, house size, etc.) of the L-O zone. Prior to signature of the final plat, all other structures that do not meet the dimensional standards should be removed. 1.2.9 Maintenance of all common /landscaped areas shall be the responsibility of the Grau Subdivision Homeowners /Business Owners Association. 1.3 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.3.1 Sidewalks/walkways shall be installed within the subdivision and on Cherry Lane pursuant to UDC 11-3A-17. 1.3.2 All lot lines common to a public right-of--way shall reserve a 10' utility easement. 1.3.3 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.4 The City of Meridian requires that pressurized irrigation systerns be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the conunon areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.3.5 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as noted in this report, shall be subnutted 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. 1.3.6 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. 1.3.7 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. 1.3.8 Staff's failure to cite specific ordinance provisions or terms within the approved annexation / preliminary plat does not relieve the Applicant of responsibility for compliance. 1.3.9 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 W. Cherry Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 Lane. The Applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in W. Cherry Lane. The Applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The Applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.4 The Applicant shall be required to install a pressurized irrigation system to all lots in this subdivision using surface water as the source. If the Applicant does not have any existing surface water they shall present the documentation to the Public Works Department a minimum of 10- days prior to the City Council hearing on this project so they can officially request a waiver on this condition. 2.5 If the City Council waives the requirement for a pressurized irrigation system in this development they shall be responsible for the payment of well development fees prior to signature on the final plat by the City Engineer. 2.6 If the required pressurized irngation system in this development is to be owned and maintained by the Homeowner's Association then plans will be reviewed and approved as part of the construction plan approval. A draft copy of an operations and maintenance manual shall be submitted prior to construction plan approval. 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 water for the primary source. If a surface source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the Developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.8 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. 2.9 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 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. 2.11 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. 2.12 Street signs are to be in place, water system shall be installed and activated, sewer system shall have passed air-testing and video inspection, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 be recorded, prior to applying for building permits. 2.13 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. 2.14 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. 2.15 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. 2.16 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. 2.17 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 2.18 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.19 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. 2.20 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. 2.21 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. 2.22 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 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 ''/z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. £ Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IF'C Section 509.5. Exhibit B • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL I7, 2007 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 turnaround. Phasing of the project may require a temporary, approved turnaround on streets greater than 150 feet in length with no outlet. 3.4 All entrance and internal roads, and cul-de-sacs shall have a turning radius of 28' inside and 48' outside radius. 3.5 Private Alleys and Fire Lanes shall have a 24-foot wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D, Section D103.6 -Signs. 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 Commercial and office occupancies will require a fue-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 for . 3.9 All portions of the buildings located within this development must be within 150' of a paved surface as measured around the perimeter of the buildings. 3.10 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). 4. 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. 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 ofMeridian Landscape Ordinance (UDC 11-3B-10) will be followed. 6. SANITARY SERVICES COMPANY 6.1 Prior to submittal for a Certificate of Zoning Compliance, the Applicant shall subnut an approved site plan from SSC. 6.2 The Sanitary Services Company requests that the Applicant provide a turnaround on-site with a minimum 50-foot turning radius. 7. ADA COUNTY HIGHWAY DISTRICT Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 7.1 SITE SPECIFIC REQUIREMENTS 7.1.1 Construct a private road intersecting Cherry Lane at the northeast property line, pave the private road a minimum 30-feet into the site and construct the private road not wider than 24-feet. 7.1.2 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. 7..1.3 Comply with all Standard Conditions of Approval. 7.2 GENERAL REQUIREMENTS 7.2.1 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 is required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 It is the responsibility of the applicant to verify 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 ACRD right-of--way. The Applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACRD 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 Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. SETTLER'S IRRIGATION DISTRICT 8.1 All irrigation /drainage facilities along with their easements must be protected and continue to function. 8.2 A Land Use Change Application must be on file prior to any approvals. 8.3 A license agreement MUST be signed and recorded prior to construction of any S.I.D. facilities. 8.4 Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 8.5 All storni drainage must be retained on-site. 8.6 The development must supply irrigation access to all lots within the above-mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre- construction meeting. Exhibit B • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 C. Legal Description and Annexation Map ( Approved) ~O~1~iE. 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THE REAL POINT OF B~GtNiVING bF THt~S~= ~D:ESORIFT~ON~~ .... _. -- __ THENCE N 89°7'32" `E~~1~27 6.5: f=EEj ~T~=~ POINT; XHENGE .S ~0°32'.28° E X98 78=F~~,.T TQ_~A;.PO11V~';~ THENCE N 8$°2'03:" U1~~ ~1;3Q 98'-.FEET `~fl A~ PQ;II~T•, TFfENCE N (}0°25°12° E, fi:94 ~~S.,FEET` TQ: Ti-1~ REAL POINT'OF'B.ECINtJII'~~G.Q~F THr(3 D~E.SCRiPTIO~.P_. - - TFfIS PA%RC~t~,CQ;NT~iNS"fl 584 ACi~ES,:MOREOR L:E=°°SS,,Af4D IS~$UBJECT 7'0 AL:L ~X~STf1~.G EASE~N~ENTS AND.,R~I,GH:TS OF'1NAY: ~IIICFtAEL E NARKS: P l.S NC2, 4998: _ ~y. :, .. .; ~ : ~. ..~ ~ .., ~r--~. Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 =4'. .:3 -,_~ :s ~` ~ ~~ .: ~~ - t . ~~~~. ,N 11°. ~S 89 44'11; E . ,n °~- - 124:90_ . v: o, 1 ~ ~apo~ra I` ,I APB _ MF~RIA'1ANDEP'T.~~ , ~; .. ~ o ,~,~ o S :89'77'_ "°L- BL OG6~ 1 ~. I~ ~~s,. t ~~ ~~~ ' ~`~ '~~~~ '.w ~- `I' - ~i ~~°.= 5~~~~v ~~10~ -~ ~: ~~' ~8~~ACr,E~; ~' ~~ ..~h ~~~~ ~ ~. ~ ~~~ ~ ~ ~~~~a~~~-.;Se?~ . ~' ~: ~U~4 N 88'52 03" VIA ap Exhibit C • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 D. Required Findings from the UDC 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 the subject property L-O (Limited Office) and R-8 (Medium Density Residential). The Council fmds that the proposed zoning map amendment generally complies with the applicable provisions of the Comprehensive Plan and the zoning designations of L-O and R-8 are appropriate for this site. Please see Comprehensive Plan Policies and Goals, Section 8, of this Staff Report. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council fmds that office uses are allowed within the requested zoning district of L-O. The Council further finds that single-family residences are allowed within the requested zoning district of R-8 as a Principally Permitted Use. The accompanying plat demonstrates the land will be developed with varying lot sizes and other dimensional requirements which conform to the proposed zoning designations. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff and the Commission recognize that traffic and noise may increase with the approval of this proposal. However, Staff and the Commission do not believe that the amount generated will be detrimental to the general welfare of the public. The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or. welfare. However, Staff and the Commission recommend the Council rely on any oral or written testimony that maybe 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 delivery of services by any political subdivision providing services to this site, as conditioned in the staff report. e. The annexation is in the best of interest of the City (iTDC 11-SB-3.E). The Council finds that all essential services will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The Applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan and this is a logical expansion of the City limits. The Council finds that Annexation and Zoning of this property to L-O and R-8 would be in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-.making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 The Council fmds that the proposed application is generally compatible with the adopted Comprehensive Plan. The Council supports the proposed density and proposed plat layout, with recommended changes, as they generally 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 fmds that public services can be made available to accommodate the proposed development. (See finding Items 3 and 4 above under Annexation Findings for more details.) 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 fmds 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 the Council rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this fmding. (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. ACRD considers road safety issues in their analysis. Staff and the Commission recommend that the 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. f. 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 Corrunission 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 that the 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 and the Commission are unaware. 3. Private Street Findings: a. The Design of the private street meets the requirements of this Article; The Applicant will have to certify that the Ada County Street Naming Corrunittee will accept the proposed private street name. The design of the streets shall meet the standards as set forth in IJDC 11-3F-4. No gates are allowed. Roadway and storm drainage shall be contained on site. b. Granting approval of the private street would not cause damage hazard, or nuisance, or .other detriment to persons property, or uses in the vicinity; and Staff and City Council do not anticipate any hazard, nuisance or other detriment from. the private street if it is constructed and maintained as designed, with modifications as outlined in this report. c. The use and location of the private street shall not conflict with the Comprehensive Plan and/or the regional transportation plan. Exhibit D LJ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 The Council finds that the location of the private street does not conflict with the Comprehensive Plan and/or the regional transportation plan. 4. Alternative Compliance Findings (UDC1 I-SB-SE): a. Strict adherence or application of the requirements are not feasible; OR UDC 11-2B-3A-1 requires a 20-foot wide land use buffer between commerciaU office uses and residential uses. However, due to size constraints of t$e subject property, which totals 125 feet, installation of 20-foot landscape buffers at the east and west property lines (or 40 feet of landscaping in total) would not allow for efficient redevelopment of the site. By the time the Applicant constructs an approximately 30-foot wide private street including sidewalk, and the width of the home is accounted for, which measures approximately 75 feet wide, only 15-20 feet of property remain for both landscaping buffers. Therefore, the Council. finds that strict observance of Meridian's landscaping standards is not feasible. b. The alternative compliance provides an equal or superior means for meeting the requirements; and The Council determines this finding not applicable to the subject applications. c. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Council determines this finding not applicable to the subject applications. Exhibit D April 27, 2007 VAR 07-005 MERIDIAN CITY COUNCIL MEETING May 1, 2007 APPLICANT Nathan Barnes ITEM NO. 5-F REQUEST Findings for Approval -- Request for a Variance to the UDC 11-2D-4 to allow the proposed building to be setback from the street and Variance to UDC 11-3C-6 to allow a reduction in size of required parking pad for Barnes Home Business -- 35 E. Ada AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See afMched Flndtngs CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: , CITY PARKS DEPT: ~ ~`~ G~~ MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN. -RRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Materials presented at public meefinps ate: ~ 0 / Phone: ~ ~~J ~S~ 9 .~~~S ff Ini ials: ~ T become property of the Clty of Mertdlan. .~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER r_~,~x'eF ~ ~ ~~~ a.~ C~~~~r~r~r - d rD~w© Y I In the Matter of Variance to UDC 11-2D-4 to allow the proposed building to be setback from the street and variance to UDC 11-3C-6 to allow for a reduction in size of the required parking pad for Barnes Home Business by Nathan Barnes. Case No(s). VAR-07-005 For the City Council Hearing Date of: Apri117, 2007 (Findings on the May 1, 2007, Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 17, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 17, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 17, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 17, 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-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-07-005 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. It is found public facilities and services required by the proposed development will impose expense upon the public if proposal is allowed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the Applicant, the Planning Department, the Public Works Department, and any affected party requesting notice. 7. That this approval is subject to the provisions listed in the findings of the Staff Report for the hearing date of April 17, 2007, incorporated by reference. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The Applicant's Variance Request which allows the proposed building to be setback from the street and east property line and reduces the required parking pad depth from 20 feet to 8 feet is hereby approved. D. Attached: Staff Report for the hearing date of April 17, 2007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-07-005 PAGE 2 of 3 • • By action of the City Council at its regular meeting held on the l ~~ day of 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED_ (~~~~ COUNCIL MEMBER JOE BORTON VOTED__G~~(j~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED__ ~~~ COUNCIL MEMBER KEITH BIRD VOTED___C~ TIE BREAKER MAYOR TAMMY de WEERD VOTED ~- MAYOR \ , Mr~r', cue WEERD , ATTEST: .~`~~~\`'~ ~'~~~°~>, ~` C? A ~* ~, 0 $~~~ _ WILLIAM G. BERG, JR., CI CLERK; ~ ~' Copy served upon: / Applicant ~~~~''~,,,~~~~,',~~`~`~~~~ / Planning Department / Public Works Department City Attorney BY~ Dated: Cj - ~ ~ Q -1 City Clerk's Office CITY OF MERIDIAN FIIVDIIVGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-07-005 PAGE 3 of 3 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF APRIL 17, 2007 :_ ~ ~;~ STAFF REPORT Hearing Date: April 17, 2007 crrv aP ~~~ ~, _. TO: Mayor and City Council ~~~~~~ ._.:~t' FROM: Justin Lucas, Associate City Planner i>~r+HO SUBJECT: Barnes Home Business v f ,°s~ • VAR-07-005 Request for a variance to UDC 11-2D-4 to allow the proposed building to be setback from the street and variance to UDC 11-3C-6 to allow for a reduction in size of the required parking pad. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant is requesting a variance from Sections 11-2D-4 and 11-3C-6 of the Unified Development Code (UDC). UDC 11-2D-4 establishes the "Downtown Meridian Design Guidelines" as the standard for new development within the O-T district. The setback portion of the design guidelines specifically state that all new buildings must have first floor facades built to the public right of way at the street sides and to interior lot lines. The applicant is requesting a variance from that standard to allow the building to be setback from the right of way and one of the interior lot lines. The applicant is also requesting a variance to UDC 11-3C-6 which requires a 10 x 20 parking pad between the access and the garage. The applicant's justification for the variance requests is outlined below. 2. SUMMARY RECOMMENDATION Staff is recommending approval of the subject Variance application (VAR-07-005) for the reasons listed herein. We find that the application meets all of the fmdings required in the UDC for the City Council to grant a variance (see Exhibit C for required findings). On April 17. 2007 the itv o~ncil approved e subiect annlication. a. i. In favor: Nathan Barnes (Annlicantl ii. In onnosition: None iii. Comrnentine: None iv. Written testimony: None v. Staff nresentine annlication: Anna Cannins? vi. Other Staff commentine on annlicat_i_o_n• None b. ev Iccuec of Dic ~ cion by oLnc' i. Future location of the split corridor in relation to this site. c. Key ~~ounc~ i. None 3. PROPOSED MOTION (to be considered after the public hearing) Update Approval After considering all staff, applicant and public testimony, I move to approve File Number VAR- 07-005 as presented in the staff report for the hearing date of April 17, 2007. Denial After considering all staff, applicant and public testimony, I move to deny File Number VAR-07- 005 as presented during the hearing on April 17, 2007, for the following reasons: (you should state specific reasons for denial.) Barnes Home Business Variance VAR-07-005 PAGE I • CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF APRIL I7, 2007 Continuance After considering all staff, applicant and public testimony, I move to continue File Number VAR-07-005 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: 35 E. Ada Street Section 7, Township 3N, Range lE b. Owner Spec4 LLC 2360 N. Equestrian Place Eagle, ID 83616 c. Applicant: Nathan Barnes 2360 N. Equestrian Place Eagle, ID 83616 d. Representative: Nathan Barnes, Applicant e. Present Zoning: O-T £ Present Comprehensive Plan Designation: Old Town g. Description of Applicant's Request: The applicant is requesting a variance to UDC 11-2D-4 to allow the proposed building to be setback from the street and variance to UDC 11-3C-6 to allow for a reduction in size of the required parking pad. h. Applicant's Statement/Justification: "A portion of the Rutledge Lateral runs diagonally across the front (north end) of the property. This prohibits construction toward the front of the property, and orientation of the building lot line to lot line. Adequate space is available the construct the building on the southwest corner of the property." 4. PROCESS FACTS a. The subject application will in fact constitute a variance as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, Article A (Table 11- SA-1), apublic hearing is required before the City Council on this matter. b. Newspaper notifications published on: March 26th and April 9th, 2007 c. Radius notices mailed to properties within 300 feet on: March 23rd, 2007 d. Applicant posted notice on site by: April 7th, 2007 5. LAND USE a. Existing Land Use(s): Vacant b. Description of Character of Surrounding Area: Primarily residential with some commercial c. Adjacent Land Use and Zoning 1. North: Residences and some Retail Uses, zoned O-T. 2. West: Single Family Residence, zoned O-T. 3. South: Multifamily Residence zoned O-T. 4. East: Single Family Residence, zoned O-T. Barnes Home Business Variance VAR-07-005 PAGE 2 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF APRIL 17, 2007 d. History of Previous Actions: N/A 6. AGENCY COMMENTS MEETING No agency comments meeting was held specifically for this Variance application. All affected agencies were informed about this request and given the opportunity to submit comments to the Planning Department to be included in this report. No site specific comments or requirements were provided for the Variance application by other agencies. 7. UNIFIED DEVELOPMENT CODE The following UDC sections are pertinent to this application: a. UDC 11-2D-4: Standards for the O-T District: 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. 2. The criteria for the administrative design review are set forth in the document "Downtown Meridian Design Guidelines". b. UDC 11-3C-6: Required parking Spaces for Residential Uses 1. Dwelling Single Family Attached: One Bedroom: 1 per dwelling unit in enclosed garage with a 10 foot x 20 foot parking pad between access and garage2 8. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Setbacks: As mentioned above the "Downtown Design Guidelines" contain the standard setback requirements for the O-T zone. The setback portion of the design guidelines specifically state that all new buildings must have first floor facades built to the public right of way at the street sides, and to interior lot lines. Due to a 45 foot wide irrigation easement (Rutledge Lateral) that crosses the subject property (see Exhibit B) the buildable area of the lot is greatly reduced, and the zero setback requirements can not be met. The only area of the lot that is buildable is the south west corner. The applicant is proposing to locate a building in the southwest corner that would be approximately 46 feet from the north (front) property line, 31 feet from the east (side) property line, zero feet from the west (side) property line, and eight feet from the rear property line. These setbacks will allow the applicant to build a two story, 2800 square foot building to serve as a home and recording business which would be an allowed use in the O-T district. Staff is supportive of the applicants request for the setback variance. Granting the variance will relieve an undue hardship that is caused by the irrigation lateral that crosses this site. 2. Parking Pad: As mentioned above the standard parking pad for a one bedroom unit is 10 feet by 20 feet between the access and the garage. Due to the fact that the building has to placed so far to the rear of the site, the applicant is requesting a reduction to the required depth of the parking pad from 20 feet to eight feet. The applicant argues that the 8 foot deep parking pad combined with the 16 foot alley still provides for adequate back out space and emergency vehicle access. The applicant is also proposing to provide uncovered parking for the business portion of the building. This parking will meet all of the city standards and provide an area off street for customers to park. Staff is supportive of the applicants request and believes that the reduction in the parking pad requirement is Barnes Home Business Variance VAR-07-005 PAGE 3 • • CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF APRIL 17, 2007 tied specifically to the setback issues described above. In other words if the applicant had more buildable area on the lot, the reduction in the parking pad would not be necessary. b. Summary Recommendation: Staff is recommending approval of the subject Variance application (VAR-07-005) which allows the proposed building to be setback from the street and east property line and reduces the required parking pad depth from 20 feet to 8 feet. Staff finds that the application meets all of the findings required in the UDC in order for the City Council to grant a variance (see Exhibit E). 9. EXHIBITS A. Site Map B. Rutledge Lateral Easement C. Site Plan D. Elevations E. Required Findings from UDC (Variance) Barnes Home Business Variance VAR-07-005 PAGE 4 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF APRIL 17, 2007 Exhibit A: Site Map Barnes Home Business Variance Exhibit A Page 1 CTI'Y OF MERIDIAN PLANNING. ZONING DEPARTMENT STAFF REPORT FOR HE ~ DATE OF APRIL I7 2007 Exhibit B: Rutledge Lateral Easement Barnes Home Business Variance Exhibit B Page 1 • • CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF APRIL 17, 2007 Exhibit C: Site Plan IV SITc ~'~~ Barnes Home Business Variance Exhibit C Page 1 • • CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF APRIL 17, 2007 Exhibit D: Elevations Nathan Barnes - 208.371.3509 - PO Box 1178 Eagle, ID 83616 -Proposed project at 35 E Ada St. Meridian, ID 83642 Barnes Home Business Variance Exhibit D Page 1 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF APRIL 17, 2007 Exhibit E: Required Findings from UDC (Variance) The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-SB-4.E of the UDC to review the variance request. In order to grant a variance, the Council shall make the followingfindings: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: The City Council finds that irrigation easement that encumbers this property creates a unique situation that is not otherwise found in this area. Due this irrigation easement the Council finds that the granting of this variance request does not grant a special privilege. B. The variance relieves an undue hardship because of characteristics of the site; The City Council fmds that the irrigations easement that encumbers this property creates an undue hardship. The City Council finds that the granting of the requested variance will relieve that hardship. C. The variance shall not be detrimental to the public health, safety, and welfare. The City Council finds that granting the requested variance will not be detrimental to the public health, safety, and/or welfare. Barnes Home Business Variance Exhibit E Page 1 • April 27, 2007 AZ 07-002 MERIDIAN CITY COUNCIL MEETING May 1, 2007 APPLICANT Harfiz MUSIC $hOp ITEM NO. 5-G REQUEST Findings for Approval in C-C zone -Request for Annexation and Zoning of 0.42 of an acre from R1 to C-G zones for the property located at 1970 N. Meridian Road for Harts Musie Shop -- east of North Meridian Rd & north of E. Fairview Ave. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See atfached Pindlnps 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: JDAHO POWER: US WE5T: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: , Contacted:`~~ c.~`~l~ Date• ~-"~ d7 Phone: ~~vC--~/7~' Emailed: ~/riL,~ ,,.~ ljj S ft Ini ials: Materials praa~nta atpub~ic m~eNnQs shall bocome property of the City of Marididn. • • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER _ ~ J' y~ C S ~•'+ . ~~!~YL~~Il~1 ~oa~~o ~~ In the Matter of the Request for Annexation & Zoning of 0.42 of an Acre from Rl (Ada County) to C-C and Rezone of 0.38 of an acre from L-O to C-C, by Hartz Music Shop. Case No(s). AZ-07-002 & RZ-07-003 For the City Council Hearing Date of: April 17, 2007 (Findings on the May 1, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 17, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 17, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 17, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 17, 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 (LC. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-002 & RZ-07-003 ~I 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City ofMeridian 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 stated in the attached Staff Report for the hearing date of April 17, 2007, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: The applicant's Annexation and Zoning as evidenced by having submitted the legal description and exhibit map stamped and dated January 18, 2007 by Peter Lounsbury, PLS, is hereby conditionally approved; and, 2. The applicant's Rezone as evidenced by having submitted the legal description and exhibit map stamped and dated January 18, 2007 by Peter Lounsbury, PLS, is hereby conditionally approved; and, 3. The properties described in the Annexation & Zoning and the Rezone legal description shall be zoned C-C as recommended by Staff and approved by the City Council. 4. A Development Agreement is required with approval of the subject annexation &. zoning and rezone applications and shall include the provisions noted in the attached Staff Report for the hearing date of April 17, 2007, incorporated by reference. D. Attached: Staff Report for the hearing date of April 17, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-002 & RZ-07-003 • By action of the City Council at its regular meeting held on the ~% da of Y 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED_ I~~~ COUNCIL MEMBER JOE BORTON VOTED__ `~~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED___~~ COUNCIL MEMBER KEITH BIRD VOTED TIE BREAKER _® MAYOR TAMMY de WEERD VOTED MAYOR MY de WEERD ATTEST: \~,.~`~,~~t ~ °'°°,s~ ~~~. "~= = ~~~~ WILLIAM G. BERG, JR., C C RK = ~ ~, ~ ~ `_ /' Q T 1 `~~ Copy served upon: / Applicant ,°`~~~ . Planning Department"'~~trii „~~~~``~~~~ \\' -~ Public Works Department -~ City Attorney Y~ _ Dated: ~~r 2-fj-1 ity Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-002 & RZ-07-003 CITY OF MERIDIAN PLANTIING~DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 STAFF REPORT `~ :... Ty,r,Y~+ HEARING DATE: April 17, 2007 ' I~~ ~q crrr os~ TO: Mayor & City Council _ ~ ~' ~t'1~1 FROM: Sonya Watters, Associate City Planner ~bnHo (208) 884-5533 ~' ~A.1fL+1 SUBJECT: Hartz Music Shop • A2-07-002 Annexation and Zoning of 0.42 of an acre from R1 (Ada County) to C--6 ~GPnwr~l I2rat~;~ a ~' n ~ T~' ~ ' ~~ _C (Comm inity Bucinecc Dic rim for the property located at 1970 N. Meridian Road • R~07-003 Rezone of 0.38 of an acre from L-O to C--C ~ for the property located at 1990 N. Meridian Road 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Hartz Music Shop, has requested Annexation and Zoning (AZ) approval of 0.42 of an acre from Rl (Ada County) to C-G (General Retail and Service Commercial) for the property located at 1970 N. Meridian Road. Additionally, the applicant is requesting Rezone (RZ) approval of 0.38 of an acre from L-O (Limited Office) to C-G (General Retail and Service Commercial) for the property located at 1990 N. Meridian Road. The subject properties are directly adjacent to each other and are located approximately'/ mile north of Fairview Avenue on the east side of N. Meridian Road, in the southwest % of Section 6, Township 3 north, Range 1 west. The subject properties are within the City's Area of Impact and the Urban Service Planning Area. The applicant has been serving Meridian and the surrounding area as a music instruction and retail music sales operation at their current location since 1998. They would like to continue the current use along with incorporating an outdoor dinner show facility for small shows and recitals in the future. To do this, the ,property must be zoned in the City accordingly. Professional services (music instruction) and retail sales are permitted uses in the requested C-G, and staff recommended C-C zones. Entertainment facilities with an outdoor stage or music venue for small shows and recitals require Conditional Use Permit approval in the C-C and C-G zones. The applicant is not currently requesting CUP approval for the outdoor stage or music venue on this site. 2. SUMMARY RECOMMENDATION The subject AZ & RZ applications were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis, comments, and recommended actions for the subject applications. By City Ordinance, the Planning & Zoning Commission is required to make a recommendation to the City Council on both the AZ and RZ applications. Any continents from the Commission related to the subject applications will be included in the Commission's recommendation to the Council. Staff is recommending approval of the subject AZ & RZ applications to the C-C zone for Hartz Music Shop, as presented in the staff report for the hearing date of March 15, 2007, 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. Hartz Music Shop - AZ-07-002 & RZ -07-003 Page 1 CITY OF MERIDIAN PLANNIN• PARTMENT STAFF REPORT FOR THE HEAi• D ATE OF APRIL 17, 2007 The Meridian Planning and Zoning Commission heard these item(s) on March 1 2007 and March 15, 2007. At the pubhc hearing on March 15 2007 the Commission voted to recommend approval. a. Summary of Commission Public Hearing• i. In favor: Matthew Hartz Owner/Applicant ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Wafters vi. Other staff commenting on application• None b. Kev Issues of Discussion by Commission• i. Hours of operation for future outdoor entertainment facility/stage c. Kev Commission Changes to Staff Recommendation• i. None d. Outstanding Issue(s) for City Council• i. Annexation & Rezone to the C-C zone, instead of the C-G zone as requested per the .staff report 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 07-002 & RZ-07-003, to zone the properties to C-C, as presented in the staff report for the hearing date of April 17, 2007, with the following modifications: (add any proposed modifications) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-07- 002 & RZ-07-003, as presented in the staff report for the hearing date of April 17, 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- 07-002 & RZ-07-003, to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) Hartz Music Shop - AZ-07-002 & RZ -07-003 Page 2 i • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 1970 & 1990 N. Meridian Road (Parcel No.'s: S1106336012 & 87039001060) Generally located '/a mile north of Fairview Avenue, on the east side of N. Meridian Road, in the SW '/o of Section 6, Township 3 North, Range 1 East. b. Property Owner of Record: Matthew Hartz 1970 N. Meridian Road Meridian, ID 83642 c. Applicant: Hartz Music Shop, Inc. 1990 N. Meridian Road Meridian, ID 83642 d. Representative: Matthew Hartz, Hartz Music Shop e. Present Zoning: R1 (Ada County) - 1970 N. Meridian Road L-O (Limited Office) -1990 N. Meridian Road f. Present Comprehensive Plan Designation: Commercial (both properties) g. Description of Applicant's Request: The applicant is requesting approval to annex and zone 0.42 of an acre from R1 to C-G for the property located at 1970 N. Meridian Road. Additionally, the application is requesting approval to rezone 0.38 of an acre from L-O to C- Gfor the property located at 1990 N. Meridian Road. h. Applicant's Statement/Justification (see Applicant's application and' letter): "Since 1998, Hartz Music Shop has been at its current location serving Meridian and the surrounding areas as a music instruction and music retail sales operation. The proposed use includes a continuance of these services and the integration of an outdoor dinner show facility for small shows and recitals.. Both properties conform to the City of Meridian's Comprehensive Plan and the project has been discussed with City planners." 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. b. The subject application will in fact constitute a 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. c. Newspaper notifications published on: February 12, 2007, and February 26, 2007 (Commission); March 26, 2007 and April 9, 2007 (Gifu Councill d. Radius notices mailed to properties within 300 feet on: February 2, 2007 (Commission); Hartz Music Shop - AZ-07-002 & RZ -07-003 Page 3 CITY OF MERIDIAN PLANNING~EPARTMENT STAFF REPORT FOR THE HEAL G DATE OF APRIL 17, 2007 March 23, 2007 (City Council) e. Applicant posted notice on site by: March 2, 2007 (Commission); April 9, 2007 (Gifu Council 6. LAND USE a. Existing Land Use(s): Residential property with an existing house, zoned R1 - 1970 N. Meridian Road Hartz Music Shop, zoned L-O - 1990 N. Meridian Road b. Description of Character of Surrounding Area: This area along the east side of N. Meridian Road, north of Fairview Avenue, is transitioning from residential to commercial property. c. Adjacent Land Use and Zoning: 1. North: Residential apartments (James Court), zoned R-15 2. East: Residential apartments (James Court), zoned R-15 and single-family residences, zoned R-8 3. South: Vacant, undeveloped land, zoned R1 (Ada County) -currently requesting annexation and zoning into the City with a C-C zone for a future office building (Hoyd) 4. West: Offices, zoned L-O and residential property with a pasture, zoned RUT (Ada County) d. History of Previous Actions: The property at 1990 N. Meridian Road was annexed into the City and zoned L-O in 1999. A Development Agreement (Instrument No. 99072887) was entered into at that time between the owner of the property and the City of Meridian that prohibited residential use of the property and prohibited the building to be used exclusively for retail uses. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: There is a City of Meridian sewer main in Meridian Road. Location of water: There is currently a water main in Meridian Road. Issues or concerns: Any work or improvement within the floodway or floodplain on this property shall file a floodplain development application with the City of Meridian Public Works Department prior to commencement of the work. 2. Vegetation: There are some existing trees on the subject property that should either be preserved or mitigated for at the time of development. The applicant should coordinate a plan with the City Arborist, Elroy Huff. 3. Floodplain: The eastern portion of the property located at 1990 N. Meridian Road, along the Five Mile Creek, is located within flood zones XS and AE but is not within the floodway. The eastern portion of the property located at 1970 N. Meridian Road is also within flood zone XS and AE, outside of the floodway, but a very small sliver of the property along the eastern boundary is within the floodway. 4. Canals/Ditches Irrigation: The Five Mile Creek lies adjacent to the site on the east Hartz Music Shop - AZ-07-002 & RZ -07-003 Page 4 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 boundary. 5. Hazards: None 6. Proposed Zoning: C-G (General Retail & Service Commercial) 7. Size of Property: 0..42 of an acre - 1970 N. Meridian Road 0.38 of an acre - 1990 N. Meridian Road £ Summary of Proposed Streets and/or Access: The concept plan submitted with this application shows two access points to N. Meridian Road. Staff is recommending that only one access point to N. Meridian Road be allowed once the existing residence is converted to commercial use via CUP/CZC approval. At that time, the applicant states that sole access to the site will be provided from the existing driveway on the northern parcel. The existing driveway on the southern parcel where the existing house is should terminate upon CUP/CZC approval. Cross-access will be provided with the property to the south owned by Kendall Hoyd via a driveway at the south boundary of the site. Staff is supportive of the proposed cross-access with the parcel to the south and the single access point to N. Meridian Road as discussed. Although they have not provided specific comments on the subject AZ & RZ applications, ACRD generally restricts direct access to arterial streets and encourages combined access points. ACRD has provided general comments in Exhibit B that may be applicable upon future development of the property. g. Landscaping: 1. Width of street buffer(s): Per City Code (UDC Table 11-2B-3), a 25-foot wide landscape street buffer will be required adjacent to N. Meridian Road, an arterial roadway when this property develops in the future. 2. Width of buffer(s) between land uses: Per City Code (LJDC Table 11-2B-3) a 25-foot wide landscape buffer is required between C-G and C-C zoned property and residential uses. Currently, there are residential uses to the north and east of this site. A 25-foot wide buffer will be required adjacent to residential uses when this property develops in the future. 7. COMMENTS MEETING On February 9, 2007, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Ali of the received comments are "standard" and have been included within this report. Once a development plan(s) is submitted, the applicant should be required to comply with the specific comments and conditions from all commenting agencies and departments. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Commercial". The Comprehensive Plan defines the Commercial district 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-farruly 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 Hartz Music Shop - AZ-07-002 & RZ -07-003 Page 5 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 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 is consistent with the Comprehensive Plan designation for this site. However, staff recommends that this property be zoned C-C, which is also consistent with the Comprehensive Plan (see Section 10, AZ Analysis below for more detail). Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (staff analysis is in italics below policy): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of ali public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The property at 1990 N. Meridian Road (the northern parcel) is already within the corporate boundaries of the City. The City of Meridian plans to provide municipal services to the lands proposed to be annexed (the southern parcel) in the following manner.• - Sanitary sewer and water service will be extended to the project at the developer's expense. - The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. - The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (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 and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. • Chapter VII, Goal N, Objective D, Action 2 - "Restrict curb cuts and access points on collectors and arterial streets." On the submitted conceptual development plan, the applicant is proposing one access point to N. Meridian Road, an arterial street. A driveway stub to the parcel to the south is also proposed for future cross-access out to Carmel Drive. Cross-access should be provided to the Hoyd property to the south with this application. The property owner to the south, Kendall Hoyd, is currently seeking approval for this parcel to be annexed into the city and is providing a driveway to the north to the Hartz parcel for cross-access. City and ACRD staff are supportive of restricting access points on arterial streets. Chapter VII, Goal N, Objective D, Action 4 - "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." North Meridian Road is designated as an arterial street. By City Ordinance, a 25 foot wide landscape buffer is required adjacent to Meridian Road. This landscape buffer will be required by the City with future Conditional Use Permit (CUP) and/or Certificate of Zoning Compliance (CZC) approval. Hartz Music Shop - AZ-07-002 & RZ -07-003 Page 6 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 • 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 and rezone applications. However, in order to obtain approval for a future expansion of the business, the applicant will be required to install internal and perimeter landscaping. • Chapter N, Goal I, Objective A, Action 6 - "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." The subject annexation parcel is contiguous to the city. Sanitary sewer and water are available to this parcel. Chapter VII, Goal N, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. With future expansion of the existing business, the applicant will be required to construct a 25 foot wide landscape buffer on the perimeter boundaries of the site that abut residential uses to protect and buffer adjacent residential properties. Staff is also requesting that a Development Agreement be entered into between the City and the owner of the property that will restrict hours of operation of the existing and future business to between 6 am and 10 pm to alleviate noise disturbances to the residential neighbors. • 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. The subject property lies along the Five Mile Creek, which is designated on the Comprehensive Plan Future Land Use Map to have a 10 foot wide multi-use pathway alongside it. Because the residential properties on the east side of the creek are already developed, the pathway will most likely be required by the City on the west side of the creek with CUP/CZC approval on this site. This pathway would promote neighborhood connectivity in the future as part of the community pathway system. • Chapter VII, Goal 1, Objective B - "Plan for a variety of commercial and retail opportunities within the Impact Area." Staff believes that a commercial zone, which allows retail sales and professional services and conditionally allows outdoor entertainment facilities with a stage and music venue, will contribute to the variety of uses in this area which include: a music shop, offices, multi family homes, and a grocery store, if a future CUP for an entertainment facility with an outdoor stage or music venue is approved.. Staff finds that the C-C zone is harmonious with and in accordance with the Comprehensive Plan. Staff recommends that the Commission and Council rely on staff's analysis, other agency/department comments, and any other comments received regarding the appropriateness of zoning this site for commercial 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 C-G and GC zoning districts. Professional services Hartz Music Shop - AZ-07-002 & RZ -07-003 Page 7 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 (music instruction) and retail sales are permitted uses in the C-G and C-C zones. Entertainment facilities with an outdoor stage or music venue for small shows and recitals require CUP approval in the C-C and C-G zones. 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 a commercial zone which would allow for the expansion of Hartz Music Shop, currently operating on the parcel to the north. The applicant is requesting to annex the property with a C-G zoning district. Staff believes that because the Hoyd property to the south is in the process of annexing and obtaining a C-C zone and because the properties further to the south to Cherry Lane are currently zoned C-C that this property should also be zoned C-C for consistency. This is especially important because the two parcels will be providing cross-access to each other and the intensity of the use should be substantially the same. The C-C zone is also a less intense commercial designation than C-G, which would be more harmonious with the surrounding residential uses. Both the C-C and C-G zones comply with the Comprehensive Plan Future Land Use Map designation of commercial for this property. Further, both zones allow for music instruction, retail sales, and indoor entertainment facilities as principal permitted uses and entertainment facilities with an outdoor stage or music venue with conditional use approval. Staff is recommending that the property be zoned C-C instead of C-G for the aforementioned reasons. The annexation legal description submitted with the application (stamped on January 18, 2007 by Peter W. Lounsbury, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. RZ Application: Approval of the subject rezone application from L-O to the C-C or C-G would allow for retail sales and the operation of an outdoor entertainment facility for a stage or music venue, if a future CUP is approved. Staff is recommending that the property be rezoned to C-C instead of C-G for the reasons stated above in the AZ analysis. The rezone legal description prepared by Peter W. Lounsbury, PLS, dated January 18, 2007 and submitted with the application, is accurate and meets the requirements of the City of Meridian and State Tax Commission. Concept Plan: The applicant has submitted a concept plan for this site. The concept plan shows two buildings, which are between Meridian Road and the parking on the east side of the site. Staff is generally supportive of the submitted conceptual site plan for this property. However, a scale is not shown on the plan making it impossible for staff to determine if the site complies with the dimensional standards of the UDC. All parking stalls, drive aisles, landscaping, buffers, sidewalks, lighting, signage, building height and building setbacks for Hartz Music Shop - AZ-07-002 & RZ -07-003 Page 8 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 this site should comply with the applicable provisions and dimensional standards set forth in the Unified Development Code. Existing Structures and Uses:. There is currently a home and a music store on the property. Upon annexation and zoning of the southern property, the existing residence will become a legal non-conforming use. The applicant, Commission, and Council should be aware that no alterations, expansions, reconstructions or other enlargements to the structure will be permitted except through a CZC and except where the use of the structure changes to a use permitted in the C-C zone. The applicant has submitted photos of the existing structures on the site (attached in Exhibit A of this staff report). The applicant intends to keep the existing structures on the site and use them as part of the Hartz Music Shop business. A tent area is shown on the conceptual site plan between the two buildings to be used for small outdoor shows and recitals. The applicant states that in the future, this area may be enclosed for indoor shows. As noted in the staff report above, outdoor arts/entertainment facilities (stages and/or music venues) require CUP approval in the C-C/C-G zones. Indoor arts/entertainment facilities are principally permitted in the C-C/C-G zone. Access: The concept plan submitted with this application shows two access points to N. Meridian Road. Staff is recommending that only one access point to N. Meridian Road be allowed once the existing residence is converted to commercial use via CUP/CZC approval. At that time, the applicant states that sole access to the site will be provided from the existing driveway on the northern parcel. The existing driveway on the southern parcel where the existing house is should terminate upon CUP/CZC approval. Cross-access will be provided with the property to the south owned by Kendall Hoyd via a driveway at the south boundary of the site. Staff is supportive of the proposed cross-access with the parcel to the south and the single access point to N. Meridian Road as discussed. Although they have not provided specific comments on the subject AZ & RZ applications, ACRD generally restricts direct access to arterial streets and encourages combined access points. ACRD has provided general comments in Exhibit B that may be applicable upon future development of the property. A copy of the recorded cross-access easement/agreement with the property owner directly south of the site shall be submitted to Planning staff prior to CZC issuance. Hours of Operation: The applicant has stated that the hours of operation for this business will not extend past 10 prn. Staff is recommending as part of the Development Agreement that the hours of operation for the business on the site be limited to the hours between 6:00 am and 10:00 pm because of the existing residential uses north and east of the site. Landscaping: Meridian Road is classified as an arterial roadway; a 25-foot wide landscape buffer is currently required adjacent to arterial roadways. There are existing residential uses to the east and north of the site; a 25-foot wide landscape buffer is required between C-G/C-C zoned property and residential uses (UDC Table 11-2B-3). All landscape buffers will be required by the City with future CUP/CZC approval and shall be installed prior to issuance of Certificate of Occupancy. Flood plain: The eastern portion of the property located at 1990 N. Meridian Road, along the Five Mile Creek, is located within flood zones XS and AE but is not within the floodway. The eastern portion of the property located at 1970 N. Meridian Road is also within flood zone XS and AE, outside of the floodway, but a very small sliver of the property along the eastern Hartz Music Shop - AZ-07-002 & RZ -07-003 Page 9 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APR3L 17, 2007 boundary is within the floodway. An elevation certification for future buildings will not be necessary in this instance because only about 4 feet of the property at the widest point, lies within the floodway, which is within the required landscape buffer area. Parking: For commercial uses, parking stalls are currently required at the rate of one space per 500 s.f. of gross floor area (IJDC 11-3C-6B). Parking on the site will be reviewed for compliance with UDC standards at the time of CUP/CZC approval. Also, no linear grouping of parking spaces shall exceed twelve (12) in a row, without an internal planter island per UDC 11-3B-8C. Conditional Use Permit (CUP): The applicant shall be responsible to obtain CUP approval from the Planning & Zoning Commission prior to the commencement of any outdoor entertainment facility use for the small shows & recitals discussed in the narrative. Certificate of Zoning Compliance (CZC): The applicant shall be responsible to obtain a CZC permit from the Planning Department for all new construction on the site, expansion of the existing use, and/or the change in use from residential to commercial for the property at 1970 N. Meridian Road. Development Agreement: UDC 11-SB-3D2 provides the Planning & Zoning Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Due to the proposed use and proposed cross-access, 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 annexation and rezone of this property. Prior to the annexation and rezone ordinance approvals, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation/rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 6 months of Council approval to initiate this process. The DA shall include, at a minimum, the following: • The subject property shall be zoned C-C, not C-G as requested. • Across-access easement shall be provided to the property owner to the south (Kendall Hoyd). Prior to issuance of a Certificate of Zoning Compliance on this site, submit a recorded copy of said cross-access easement to the Planning Department. • The hours of operation for the business on the site shall be limited to the hours between 6:00 am and 10:00 pm to reduce possible adverse impacts to the existing residences adjacent to the site. • The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit from the Planning Department for all new construction on the subject property and the change in use from residential to commercial for the property at 1970 N. Meridian Road. • The applicant shall be responsible to obtain Conditional Use Permit (CUP) approval from the Planning & Zoning Commission and Certificate of Zoning Compliance approval from the Planning Department prior to the commencement of the outdoor entertainment facility use for the small shows & recitals discussed in the narrative Hartz Music Shop - AZ-07-002 & RZ -07-003 Page 10 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 (and any other CUP required uses proposed on this site in the future). • All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. • The detailed site plan submitted with any CUP and/or CZC application on this site shall substantially comply with the conceptual site plan submitted to the City as shown in Exhibit A of the Staff Report. • The applicant shall be responsible for all costs associated with sewer and water service installation. • Only the single access point to Meridian Road shown on the conceptual site plan on the northernmost parcel shall be allowed to this site. The existing access to Meridian Road for the southern parcel shall terminate upon CZC/CUP approval of a change or expansion of the existing use. • A minimum 25-foot wide landscape buffer will be required and shall be constructed along the entire frontage of N. Meridian Road in accordance with UDC 11-3B-7, when a CUP and/or CZC is reviewed and approved in the future. • A minimum 25-foot wide landscape buffer shall be constructed adjacent to any existing residential uses which abut this site in accordance with UDC 11-3B-9, when a CUP and/or CZC is reviewed and approved in the future. • A 10-foot wide multi-use pathway may be required on this property along the south side of the Five Mile Creek (depending on the Pathways Master Plan). • A sidewalk shall be constructed along N. Meridian Road. • That any work or improvement within the floodway or floodplain on this property shall file a floodplain development application with the City of Meridian Public Works Department prior to commencement of the work. • The applicant shall complete all required improvements prior to obtaining a Certificate of Occupancy for any change in use of the site. b. Staff Recommendation: Staff is recommending approval of the subject AZ & RZ applications to the C-C zone, not C-G, as requested, for Hartz Music Shop, as presented in the staff report for the hearing date of March 15, 2007. This recommendation is 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. The Meridian Planning and Zoning Commission heard these item(s) on March 1 2007 and March 15 2007 At the public hearing on March 15, 2007, the Commission voted to recommend approval ~ M_ eridian City Council heard these items nn April 17, 7nn7 er rtip nnhlir hngrinn ti.p.. gnrrnyp~ }},p iect 7. and 7, r aue o he .- on 11. EXHIBITS A. Drawings 1. Vicinity Map 2. Conceptual Site Plan 3. Photos of existing structures on the site B. Agency Comments 1. Planning Department 2. Fire Department Hartz Music Shop - AZ-07-002 & RZ -07-003 Page 11 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 3. Police Department 4. Parks Department 5. Ada County Highway District C. Legal Descriptions & Exhibit Maps D. Required Findings from Unified Development Code Hartz Music Shop - AZ-07-002 & RZ -07-003 Page 12 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 Exhibit A 1. Vicinity Map ~ E-kr !a o 0 ° 3 ul 7 W w ~ JAMESEOURT w WIL-L-OWB fC R~DO~K o W V ~ q o w O o R .4N M E ELB R I DG.E./ ~ Q O a w 6ARM L N lil m Q F Ul 5 a ~ W Exhibit A • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 2. Conceptual Site Plan Approved access « ~ ..~ ~~: ~~' ~ ~ _ . ~~ ' ~ ~ ` ' ' Y ~~..~ ~ t ' ~ ~~ b ' ; ~, ~ W s ~ _I •, ~. . i ' t t 4,: ~,r4r 1:'. i N 1 EXI11Illt A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 3. Photos of existing structures on the site 1990 N. Meridian Road - -.a. ~ - .,~. _~ y.. a 1+~ t~~ . ;~3 r .}ry Ei -' ~ w4 ~ .Tr'~ar" ~' W ~ " ~"~ ~"# ll ~ 'a s r,~ ~ x ~ 1 ~ s v ~~ u f ~ iQ . ^fo `I ,.~ c AC~1. ALA 1 I~ .._. ~~a ~'~-.Y~ i` I ~ O © p. __.-~. ~_ ~ IIII . ~ ,. 1970 N. Meridian Road a ~ ~ x '~ii„a~ t ~,• ii ~I i ~ .~J y , _~ ~ _1 "~ ~ ~~i~~~ _~ ~ ~ oaao ,, Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 Exhibit B Agency Comments 1. PLANNING DEPARTMENT 1.1 The annexation legal description submitted with the application (stamped on January 18, 2007, by Peter W. Lounsbury, PLS) shows the property adjacent to the existing corporate boundary of the City of Meridian. 1.2 The rezone legal description prepared by Peter W. Lounsbury, PLS, dated January 18, 2007 and submitted with the application, is accurate and meets the requirements of the City of Meridian and State Tax Commission. 1.3 Prior to the annexation and rezone ordinance approvals, a Development Agreement shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation/rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 6 months of Council approval to initiate this process. The DA shall include, at minimum, the following: • The subject property shall be zoned C-C, not C-G as requested. • Across-access easement shall be provided to the property owner to the south (Kendall Hoyd). Prior to issuance of a Certificate of Zoning Compliance on this site, submit a recorded copy of said cross-access easement to the Planning Department. • The hours of operation for the business on the site shall be limited to the hours between 6:00 am and 10:00 pm to reduce possible adverse impacts to the existing residences adjacent to the site. • The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) pernut from the Planning Department for all new construction on the subject property and the change in use from residential to commercial for the property at 1970 N. Meridian Road. • The applicant shall be responsible to obtain Conditional Use Permit (CLIP) approval from the Planning & Zoning Commission and Certificate of Zoning Compliance approval from the Planning Department prior to the commencement of the outdoor entertainment facility use for the small shows & recitals discussed in the narrative (and any other CUP required uses proposed on this site in the future). • All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of developrent. • The detailed site plan submitted with any CLIP and/or CZC application on this site shall substantially comply with the conceptual site plan submitted to the City as shown in Exhibit A of the Staff Report. • The applicant shall be responsible for all costs associated with sewer and water service installation. • Only the single access point to Meridian Road shown on the conceptual site plan on the northernmost parcel shall be allowed to this site. The existing access to Meridian Road for the southern parcel shall terminate upon CZC/CUP approval of a change in use or expansion of the existing use. • A minimum 25-foot wide landscape buffer will be required and shall be constructed along the entire frontage of N. Meridian Road in accordance with LTDC 11-3B-7, when a CUP and/or CZC is reviewed and approved in the future. • A minimum 25-foot wide landscape buffer shall be constructed adjacent to any existing residential uses which abut this site in accordance with LJDC 11-3B-9, when a CLIP and/or CZC is reviewed and approved in the future. Exhibit B i ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 • A 10-foot wide multi-use pathway .may be required on this property along the south side of the Five Mile Creek (depending on the Pathways Master Plan). • A sidewalk shall be constructed along N. Meridian Road. • That any work or improvement within the floodway or floodplain on this property shall file a floodplain development application with the City of Meridian Public Works Department prior to commencement of the work. • The applicant shall complete all required improvements prior to obtaining a Certificate of Occupancy for any change in use of the site. A copy of the concept plan attached in Exhibit A of this staff report should be included as an Exhibit in the DA. 2. FIRE DEPARTMENT 2.1 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. Aturn-around shall be provided at the north end of property that meets the requirements of the Fire Department. 2.2 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 2.3 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. Show location of ALL fire hydrants within 500 feet of the property on the CUP application site plan. 2.4 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. POLICE DEPARTMENT 3.1 The Police Department has no concerns related to the site design submitted with the application. 4. PARKS DEPARTMENT 4.1 A 10-foot wide multi-use pathway may be required along the west side of Five Mile Creek with development of this property (depending on the Pathways Master Plan).. 5. ADA COUNTY HIGHWAY DISTRICT 5.1 District policy requires 96-feet ofright-of--way on arterial roadways (Figure 72-F1B). This right- of-way allows for the construction of a 5-lane roadway with curb, gutter, 5-foot concrete detached sidewalks and bike lanes. 5.2 District policy requires 7-foot wide attached (or 5-foot detached) concrete sidewalk on all collector roadways and arterial roadways (7204.7.2). Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 5.3 District policy 7207.8 states that direct access to arterials and collectors is normally restricted. The developer shall try to use combined access points. If the developer can show that the use of a combined access point to a collector or arterial street is impractical, the District may consider direct access points. Access points for proposed developments at intersections should be located as far from the intersection as practical, and in no case closer than as illustrated on Figure 72-F4, unless a waiver for the access point has been approved by the District Commission. 5.4 Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7207.9.1, the applicant should be required to 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. 5.5 District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles to a maximum width of 36-feet. Most commercial driveways will be constructed as curb- cut type facilities if located on local streets. Curb return type driveways with 15-foot radii will be required for driveways accessing collector and arterial roadways. 5.6 It is recommended that the applicant and/or representative schedule apse-application meeting with District Staff prior to design and submittal of a formal development plan. Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 Exhibit C Legal Description & Exhibit Map for the property at 1970 N. Meridian Road (C-C zoning) ~^ ~~ 6~uodrernt latiuaty 13„ 200'1 ~Iortx Ptroperty iE1c~• slrinexa-jic3n. 1970.i\orthil1eriAian Road A parcel of land described in «'azratiry,Deed Io"strument.#1000797~i1 together with a p"orion•cif Alorth Meridian Road Right-Of-~i'ay, located in a portion oFLot 7 mSection G, Township 3 North; Range:l.:l?~st; Boise Meridian, Ada County, Idaho being more particularly described as'fallows; GommeaGins at:the$outhwest Cotner of said Section 6, thence Pforih Q°Ol"'3b"'tVesl 1.234.28 -feet iilong.the Wesrline of said Section 6 io the:P, OINT OF BECI~`;•JING, thenceleavng said~S~ion line A'orth 8°58'30" Last 19'7.19 feeE, thence :~°orth 00,°01'30" West 94,26, feet, thence South 88°44'30" w~cst }'97:84 feet to Ihe)\Qrth~~escComer of satd;l.o[ J inSection 6, thcnce.alon~ said West line oCsaid Section d' South'00°01'30" East 90.OO.fc~ to ttie h~OliV'I` OF BEGIN~ItNC.: Said parcel contains 18,233 sgttare•feet or Od42 acres; more or less: This description was prepart[il. using rrcord iittomtation and without the bctstift of aisurvey vat. at=_ 8v. ~~im:~~ c wo 1904 N.Overl`onp • 86tie. tp Et3i03. • Ptrone I~j'~2-E109I • fox j405j 3a2~06192 • f:moa:4Ua~c»iEtpq~galrOnl.cc GNi4Eng5ieering, • SuriraYtr~ :• Cons(ructiontrtcnogetnen;_- Exhibit C • CITY OF MERIDLAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 ~~ . _ . ~^ 6~u.Qd~anfi c c ~,;5 ~ i ti r~~9, r~ ~.. POINT Of B£GIPIMING' ~.~-~ ~~ ~ .~ w ~ .~ 1 397Q Pfs M;RiQIAN RQA ¢#At2TZ: PROPERTY REZQNE L ~ ~ 199Q dV VE41Qt'F~V RE)A€3 ~ (. f~'`tU~90t~t~fiQ ni ~'~ 1 S t E 4 WQ F( _ ~ 1:2 '7' CR,9,4NPC •SGtL~ o o arr r-~E7~ t Jrtth a 5C l1. t,904 W Qverlan~f • Boise. fA83J.0.S • :DJ1aR9 (288l3~21)Q^ri; • fax (20813E2~04S7 • etR9~: G~odtunf~'qu~'rcniec CnrIt'lErigirieerG~g •~,SLKVe~Rg' • CO~ttrucidorsirtatsagetReni Exhibit C • • CITY OF MERIDIAN PLANNING. DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 Legal Description & Exhibit Map for the property at 1990 N. Meridian Road (C-C zoning) Ji;nuary; 1:8,;2007 HArt~ Property .Rezone 1990 Yortd Meridlati Road r ^ ~. . t~ 6~uadrdnt Co'rt~ultin,g; 1'rie. A parcel of land described n't~arrartty";Deed. Tostrument #97099506 together'with a. portion of \rtorth_Meridian Road .Rtglit:=0f l~+ay; locatca in a portion of Lot 6 or•J.L:1'fbst=s Subdivision. iu lot 6otSecton 6 fiownship 31\torth, Range 1 East, Boise iVleri<lan, Ada,Courity, Idaho being°more. particultiriydcscn`bed as.'fol'~lowst ' Commi~cin~ at ttie-S.outhcvest Comer o['said Section 6;. tt~ericC~forth O'Oi'30'° West 123~t.28:fes% a14n}i the West litte oi'said. Section 6,. thence.continuing North O'Ol'30" ~V.esrh0.00 feot to the pQ1,PlT OFBEGINtYYi\I~; thence leaving sitid ~~esf:line 'North 88°44'30" Eeut 200.01 feet; thettce North 00°0.1'30" West 85.00 feet, thence Soutti 88°4~`30~ West 43.35 fcei, Wence South00°01'30"East 2•S.OO.feet, thence South 88°44,'30"`N'est 10:00 feet, thence North 00°01'3.0'--'West 25.00 feet, thence South 88°44'3.0" West 144.66 feet to said yVtxt line of Section G, thence along said West line South :00°Ol'30",Sast,8S.OlD feet"to the POTA",E' OF`BEGEEI~'NIiV.G: Ssut'parcel coUtaias .16.74,'7, square feet or 0;38 acres, not a of less. his desctiption:w.as prepan^d ttsing~record,intormation mtd without'the l-enefit of a survey. REV ~l ,1~''i ~ # 2~~~ ME4~1;+71q~ pt18i.IG wa~.sp~r 1.404 tiV~ Ove.~EOrtd Bone. i~8.3703 • Phoi+e (208J 3~2.00FI • Far. (208) 3e2~0092 • Errrod: ciuodtonlgit;,¢dioni.e¢ C~1C~ngfiteeriisg • Svrveyhg • CxstruCttM+Nrone$emenf Exhibit C • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 .~~~I: 6~uQdrant . POINT OF BEGINNIFlG" w ~' ~.. ~~} ~• ~ ~~ z c~ ~`. ~ ~~. o: .~ ~° 0 4~ ~w 1 ~ ~.~ , 7 1.990 M. btERfr?,f/1iV ,ROttO HA~i7~ €'ROpERT`/ .R~'~OAlE. PE$8'4~'3G"E i dd_ 66" N88'4t~'.30"~ 45:35' 15`70 ~. '~E;~iD'R~hF R{gfiQ. S'11 vG 33fi G12 ~ UN~'~ TR~3LE • ~fPIE- B~~`~RI~G• ~.tEi4~~TF~ ~~ ~ S O 4'Gt'3 0 '•' ~ ' 25;00 QQ ~. ~~ jJ/ q ~/ O 0 0 @~U .l. .~. 0 5~. A' F~'E1"' f: r frcJr ~ a0 "rt, pF+ "RO'VAI. ,~ ~ t ~~ ~~ A~~vv~~s Q~~ ~, I90d W, Qve~ott~ • Sgfse. M,£1837a3 • 'P?lone `2~dB) 342#}pI • • Fqx, X208} 35211Q92 • cmcP~' 4ucdtarsi~uc:cttnnt.CG Cyii, Eng+neettn~ • Siltvey,Fng ' C,pnatstt~#lor ~(?rta~es11en6 s ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 Exhibit D Required Findings from Unified Development Code Annexation and Zoning & 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: 1. The map amendment complies with the applicable provisions of the Comprehensive Plan; The applicant is proposing to zone the subject properties to C-G. The Council fords that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan, if the property is zoned to C-C. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report for more information. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that the existing music instruction and associated retail sales, along with the future outdoor dinner show facility for small show and recitals would be a conditional use within the C-C zone. The Commission and Council believe that the existing and proposed use will continue to provide much needed services and entertainment options for the community. As mentioned previously, the applicant has submitted a conceptual development plan for this site. A detailed plan will be required with the Conditional Use Permit (CUP) and/or Certificate of Zoning Compliance (CZC) application. The Council finds that future development of this property should comply with the established regulations and purpose statement of the C-C zone. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare, if the property is zoned to C-C, not C-G. 4. 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. 5. The annexation is in the best of interest of the City (iTDC 11-SB-3.E). The Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. In accordance with the findings listed above, the Council finds that Annexation and Zoning and Rezoning of this property to C-C, and not the requested C-G, 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 and required in Exhibit B of the Staff Report. Exhibit D ~ ~ April 27, 2007 RZ 07-003 MERIDIAN CITY COUNCIL MEETING May 1,2007 APPLICANT Hartz Music Shop ITEM NO. 5-H REQUEST Findings for Approval in C-C zone -Request for a Rezone of 0.38 acres from L-O to C-G zones for the property located at 1970 North Meridian Road for Hartz Music Shop -- east of North Meridian Road and north of East Fairview Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: Seo attached Flnd(ngs 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 WEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacts c~,~Q~ ..~ ~ Date: ~~-? d 7 Phone: ~5r- C~! ? Emailed: ~,~~,~~ ~~/~ ~„~ c"dm Staff Initials: Materlala presentod~at'"pu=blicimeot(npa ahall become properly of the CNy of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER rl7Y 1?R x ~~11~1 1l _ cr~f~Mv In the Matter of the Request for Annexation & Zoning of 0.42 of an Acre from Rl (Ada County) to C-C and Rezone of 0.38 of an acre from L-O to C-C, by Martz Music Shop. Case No(s). AZ-07-002 & RZ-07-003 For the City Council Hearing Date ofs April 17, 2007 (Findings on the May 1, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 17, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 17, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 17, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 17, 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-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-002 & RZ-07-003 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian pla~ng 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 stated in the attached Staff Report for the hearing date of April 17, 2007, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: The applicant's Annexation and Zoning as evidenced by having submitted the legal description and exhibit map stamped and dated January 18, 2007 by Peter Lounsbury, PLS, is hereby conditionally approved; and, 2. The applicant's Rezone as evidenced by having submitted the legal description and exhibit map stamped and dated January 18, 2007 by Peter Lounsbury, PLS, is hereby conditionally approved; and, 3. The properties described in the Annexation & Zoning and the Rezone legal description shall be zoned C-C as recommended by Staff and approved by the City Council. 4. A Development Agreement is required with approval of the subject annexation & zoning and rezone applications and shall include the provisions noted in the attached Staff Report for the hearing date of April 17, 2007, incorporated by reference. D. Attached: Staff Report for the hearing date of April 17, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-002 & RZ-07-003 • By action of the City Council at its regular meeting held on the ( ~ day of 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED_~~~~-~ COUNCIL MEMBER 70E BORTON VOTED__~~~"-' COUNCIL MEMBER CHARLIE ROUNTREE VOTED__ G~ COUNCIL MEMBER KEITH BIRD VOTED__C~~. TIE BREAKER MAYOR TAMMY de WEERD VOTED MAYOR T ~y' de WEERD ATTEST: ~`p~'~ Fdg~ e ~~ ~yj f[~~BJ WILLIAM G. BERG, JR., C Y ERK 9 7 ~ Copy served upon: / Applicant ~''%, ~~9~`~ ~ ~~``` Planning Department """'"'~~~~`~ Public Works Department City Attorney By' Dated: ity Clerk's Office 5-3-~~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-002 & RZ-07-.003 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 STAFF REPORT HEARING DATE: April 17, 2007 ~~~c~~TV o~ . TO: Mayor & City Council ~~/~~Y LC/~1~~+ FROM: Sonya Wafters, Associate City Planner t , ~ >~~Mo (208) 884-5533 ~~ SUBJECT: Hartz Music Shop • A2-07-002 Annexation and Zoning of 0.42 of an acre from Rl (Ada County) to C--C (.fie e ..~ ne~,,a „u ee o r,. o „i n• «~ _C (Community _..~... ~ ... ~.a Business District) for the property located at 1970 N. Meridian Road • R~07-003 Rezone of 0.38 of an acre from L-O to E 6 S~ for the property located at 1990 N. Meridian Road 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Hartz Music Shop, has requested Annexation and Zoning (AZ) approval of 0.42 of an acre from R1 (Ada County) to C-G (General Retail and Service Commercial) for the property located at 1970 N. Meridian Road. Additionally, the applicant is requesting Rezone (RZ) approval of 0.38 of an acre from L-O (Limited Office) to C-G (General Retail and Service Commercial) for the property located at 1990 N. Meridian Road. The subject properties are directly adjacent to each other and are located approximately'/ mile north of Fairview Avenue on the east side of N. Meridian Road, in the southwest % of Section 6, Township 3 north, Range 1 west. The subject properties are within the City's Area of Impact and the Urban Service Planning Area. The applicant has been serving Meridian and the surrounding area as a music instruction. and retail music sales operation at their current location since 1998. They would like to continue the current use along with incorporating an outdoor dinner show facility for small shows and recitals in the future. To do this, the property must be zoned in the City accordingly. Professional services (music instruction) and retail sales are permitted uses in the requested C-G, and staff recommended C-C zones. Entertainment facilities with an outdoor stage or music venue for small shows and recitals require Conditional Use Permit approval in the C-C and C-G zones. The applicant is not currently requesting CUP approval for the outdoor stage or music venue on this site.. 2. SUMMARY RECOMMENDATION The subject AZ & RZ applications were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis, comments, and recommended actions for the subject applications. By City Ordinance, the Planning & Zoning Commission is required to make a recommendation to the City Council on both the AZ and RZ applications. Any continents from the Commission related to the subject applications will be included in the Commission's recommendation to the Council. Staff is recommending approval of the subject AZ & RZ applications to the C-C zone for Hartz Music Shop, as presented in the staff report for the hearing date of March 15, 2007, 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. Hartz Music Shop - AZ-07-002 & RZ -07-003 Page I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 The. Meridian. Planning and .Zoning Commission heard these item(s) on March 1, 2007 and March 15,.2007.. At the public hearing on March 15, 2007, the. Commission voted to recommend annroval. a. Summary of Commission Public Hearing: i. In favor: Matthew Hartz, Owner/Applicant ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Kev Issues of Discussion by Commission: i. Hours of operation for future outdoor entertainment facility/stage c. Kev Commission Changes to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. Annexation & Rezone to the C-C zone, instead of the C-G zone as requested, .per the staff report 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering ali staff, applicant and public testimony, I move to approve File Numbers AZ- 07-002 & RZ-07-003, to zone the properties to C-C, as presented in the staff report for the hearing date of April 17, 2007, with the following modifications: (add any proposed modifications) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-07- 002 & RZ-07-003, as presented in the staff report for the hearing date of April 17, 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- 07-002 & RZ-07-003, to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) Hartz Music Shop - AZ-07-002 & RZ -07-003 Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 1.970 & 1990 N. Meridian Road (Parcel No.'s: S1106336012 & 87039001060) Generally located '/a mile north of Fairview Avenue, on the east side of N. Meridian Road, in the SW '/ of Section 6, Township 3 North, Range 1 East. b. Property Owner of Record: Matthew Hartz 1970 N. Meridian Road Meridian, ID 83642 c. Applicant: Hartz Music Shop, Inc. 1990 N. Meridian Road Meridian, ID 83642 d. Representative: Matthew Hartz, Hartz Music Shop e. Present Zoning: R1 (Ada County) - 1970 N. Meridian Road L-O (Limited Office) - 1990 N. Meridian Road f. Present Comprehensive Plan Designation: Commercial (both properties) g. Description of Applicant's Request: The applicant is requesting approval to annex and zone 0.42 of an acre from Rl to C-G for the property located at 1970 N. Meridian Road. Additionally, the application is requesting approval to rezone 0.38 of an acre from L-O to C- Gfor the property located at 1990 N. Meridian Road. h. Applicant's Statement/Justification (see Applicant's application and letter): "Since 1998, Hartz Music Shop has been at its current location serving Meridian and the surrounding areas as a music instruction and music retail sales operation. The proposed use includes a continuance of these services and the integration of an outdoor dinner show facility for small shows and recitals. Both properties conform to the City of Meridian's Comprehensive Plan and the project has been discussed with City planners." 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. b. The subject application will in fact constitute a 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. c. Newspaper notifications published on: February 12, 2007, and February 26, 2007 (Commission); March 26, 2007 and April 9, 2007 (Gifu Council) d. Radius notices mailed to properties within 300 feet on: February 2, 2007 (Commission); Hartz Music Shop - AZ-07-002 & RZ -07-003 Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 March 23,.2007 fCity Council) e. Applicant posted notice on site by: March 2, 2007 (Commission); April 9, 2007 (City Council 6. LAND USE a. Existing Land Use(s): Residential property with an existing house, zoned R1 - 1970 N. Meridian Road Hartz Music Shop, zoned L-O - 1990 N. Meridian Road b. Description of Character of Surrounding Area: This area along the east side of N. Meridian Road, north of Fairview Avenue, is transitioning from residential to commercial property. c. Adjacent Land Use and Zoning: 1. North: Residential apartments (Jaynes Court), zoned R-15 2. East: Residential apartments (James Court), zoned R-15 and single-family residences, zoned R-8 3. South: Vacant, undeveloped land, zoned R1 (Ada County) -currently requesting annexation and zoning into the City with a C-C zone for a future office building (Hoyd) 4. West: Offices, zoned L-O and residential property with a pasture, zoned RUT (Ada County) d. History of Previous Actions: The property at 1990 N. Meridian Road was annexed into the City and zoned L-O in 1999. A Development Agreement (Instrument No. 99072887) was entered into at that time between the owner of the property and the City of Meridian that prohibited residential use of the property and prohibited the building to be used exclusively for retail uses. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: There is a City of Meridian sewer main in Meridian Road. Location of water: There is currently a water main in Meridian Road. Issues or concerns: Any work or improvement within the floodway or floodplain on this property shall file a floodplain development application with the City of Meridian Public Works Department prior to commencement of the work. 2. Vegetation: There are some existing trees on the subject property that should either be preserved or mitigated for at the time of development. The applicant should coordinate a plan with the City Arborist, Elroy Huff. 3. Floodplain: The eastern portion of the property located at 1990 N. Meridian Road, along the Five Mile Creek, is located within flood zones XS and AE but is not within the floodway. The eastern portion of the property located at 1970 N. Meridian Road is also within flood zone XS and AE, outside of the floodway, but a very small sliver of the property along the eastern boundary is within the floodway. 4. Canals/Ditches Irrigation: The Five Mile Creek lies adjacent to the site on the east Hartz Music Shop - AZ-07-002 & RZ -07-003 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 boundary. 5. Hazards: None 6. Proposed Zoning: C-G (General Retail & Service Commercial) 7. Size of Property: 0.42 of an acre - 1970 N. Meridian Road 0.38 of an acre -1990 N. Meridian Road £ Summary of Proposed Streets and/or Access: The concept plan submitted with this application shows two access points to N. Meridian Road. Staff is recommending that only one access point to N. Meridian Road be allowed once the existing residence is converted to commercial use via CUP/CZC approval. At that time, the applicant states that sole access to the site will be provided from the existing driveway on the northern parcel. The existing driveway on the southern parcel where the existing house is should terminate upon CUP/CZC approval. Cross-access will be provided with the property to the south owned by Kendall Hoyd via a driveway at the south boundary of the site. Staff is supportive of the proposed cross-access with the parcel to the south and the single access point to N. Meridian Road as discussed. Although they have not provided specific comments on the subject AZ & RZ applications, ACRD generally restricts direct access to arterial streets and encourages combined access points. ACRD has provided general comments in Exhibit B that may be applicable upon future development of the property. g. Landscaping: 1. Width of street buffer(s): Per City Code (UDC Table 11-2B-3), a 25-foot wide landscape street buffer will be required adjacent to N. Meridian Road, an arterial roadway when this property develops in the future. 2. Width of buffer(s) between land uses: Per City Code (LTDC Table 11-2B-3) a 25-foot wide landscape buffer is required between C-G and C-C zoned property and residential uses. Currently, there are residential uses to the north and east of this site. A 25-foot. wide buffer will be required adjacent to residential uses when this property develops in the future. 7. COMMENTS MEETING On February 9, 2007, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. All of the received comments are "standard" and have been included within this report. Once a development plan(s) is submitted, the applicant should be required to comply with the specific comments and conditions from all commenting agencies and departments. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Commercial". The Comprehensive Plan defines the Commercial district 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 Hartz Music Shop - AZ-07-002 & RZ -07-003 Page 5 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 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 is consistent with the Comprehensive Plan designation for this site. However, staff recommends that this property be zoned C-C, which is.also consistent with the Comprehensive Plan (see Section 10, AZ Analysis below for more detail). Staff fmds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (staff analysis is in italics below policy): • Chapter VII, 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 property at 1990 N. Meridian Road (the northern parcel) is already within the corporate boundaries of the City. The City of Meridian plans to provide municipal services to the lands proposed to be annexed (the southern parcel) in the following manner.• - Sanitary sewer and water service will be extended to the project at the developer's expense. - The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. - The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACRD). This service will not change. - The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. - The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. • Chapter VII, Goal IV, Objective D, Action 2 - "Restrict curb cuts and access points on collectors and arterial streets." On the submitted conceptual development plan, the applicant is proposing one access point to N. Meridian Road, an arterial street. A driveway stub to the parcel to the south is also proposed for future cross-access out to Carmel Drive. Cross-access should be provided to the Hoyd property to the south with this application. The property owner to the south, Kendall Hoyd, is currently seeking approval for this parcel to be annexed into the city and is providing a driveway to the north to the Hartz parcel for cross-access. City and ACRD staff are supportive of restricting access points on arterial streets. Chapter VII, Goal IV, Objective D, Action 4 - "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." North Meridian Road is designated as an arterial street. By City Ordinance, a 25 foot wide landscape buffer is required adjacent to Meridian Road. This landscape buffer will be required by the City with future Conditional Use Permit (CUP) and/or Certificate of Zoning Compliance (CZC) approval. Hartz Music Shop - AZ-07-002 & RZ -07-003 Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 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 and rezone applications. However, in order to obtain approval for a future expansion of the business, the applicant will be required to install internal and perimeter landscaping. Chapter N, Goal I, Objective A, Action 6 - "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." The subject annexation parcel is contiguous to the city. Sanitary sewer and water are available to this parcel. • Chapter VII, Goal N, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. With future expansion of the existing business, the applicant will be required to construct a 25 foot wide landscape buffer on the perimeter boundaries of the site that abut residential uses to protect and buffer adjacent residential properties. Staff is also requesting that a Development Agreement be entered into between the City and the owner of the property that will restrict hours of operation of the existing and future business to between 6 am and 10 pm to alleviate noise disturbances to the residential neighbors. • 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. The subject property lies along the Five Mile Creek, which is designated on the Comprehensive Plan Future Land Use Map to have a 10 foot wide multi-use pathway alongside it. Because the residential properties on the east side of the creek are already developed, the pathway will most likely be required by the City on the west side of the creek with CUP/CZC approval on this site. This pathway would promote neighborhood connectivity in the future as part of the community pathway system. • Chapter VII, Goal 1, Objective B - "Plan for a variety of commercial and retail opportunities within the Impact Area." Staff believes that a commercial zone, which allows retail sales and professional services and conditionally allows outdoor entertainment facilities with a stage and music venue, will contribute to the variety of uses in this area which include: a music shop, offices, multi family homes, and a grocery store, if a future CUP for an entertainment facility with an outdoor stage or music venue is approved.. Staff finds that the C-C zone is harmonious with and in accordance with the Comprehensive Plan. Staff recommends that the Commission and Council rely on staff's analysis, other agency/department comments, and any other comments received regarding the appropriateness of zoning this site for commercial uses. 9. UNIFIED DEVELOPMEI~TT CODE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory, and conditional uses in the C-G and C-C zoning districts. Professional services Hartz Music Shop - AZ-07-002 & RZ -07-003 Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 (music instruction) and retail sales are permitted uses in the C-G and C-C zones. Entertainment facilities with an outdoor stage or music venue for small shows and recitals require CUP approval in the C-C and C-G zones. 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 a commercial zone which would allow for the expansion of Hartz Music Shop, currently operating on the parcel to the north. The applicant is requesting to annex the property with a C-G zoning district. Staff believes that because the Hoyd property to the south is in the process of annexing and obtaining a C-C zone and because the properties further to the south to Cherry Lane are currently zoned C-C that this property should also be zoned C-C for consistency. This is especially important because the two parcels will be providing cross-access to each other and the intensity of the use should be substantially the same. The C-C zone is also a less intense commercial designation than C-G, which would be more harmonious with the surrounding residential uses. Both the C-C and C-G zones comply with the Comprehensive Plan Future Land Use Map designation of commercial for this property. Further, both zones allow for music instruction, retail sales, and indoor entertainment facilities as principal permitted uses and entertainment facilities with an outdoor stage or music venue with conditional use approval. Staff is recommending that the property be zoned C-C instead of C-G for the aforementioned reasons. The annexation legal description submitted with the application (stamped on January 18, 2007 by Peter W. Lounsbury, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. RZ Application: Approval of the subject rezone application from L-O to the C-C or C-G would allow for retail sales and the operation of an outdoor entertainment facility for a stage or music venue, if a future CUP is approved. Staff is recommending that the property be rezoned to C-C instead of C-G for the reasons stated above in the AZ analysis. The rezone legal description prepared by Peter W. Lounsbury, PLS, dated January 18, 2007 and submitted with the application, is accurate and meets the requirements of the City of Meridian and State Tax Commission. Concept Plan: The applicant has submitted a concept plan for this site. The concept plan shows two buildings, which are between Meridian Road and the parking on the east side of the site. Staff is generally supportive of the submitted conceptual site plan for this property. However, a scale is not shown on the plan making it impossible for staff to determine if the site complies with the dimensional standards of the UDC. All parking stalls, drive aisles, landscaping, buffers, sidewalks, lighting, signage, building height and building setbacks for Hartz Music Shop - AZ-07-002 & RZ -07-003 Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 this site should comply with the applicable provisions and dimensional standards set forth in the Unified Development Code. Existing Structures and Uses: There is currently a home and a music store on the property. Upon annexation and zoning of the southern property, the existing residence will become a legal non-conforming use. The applicant, Commission, and Council should be aware that no alterations, expansions, reconstructions or other enlargements to the structure will be permitted except through a CZC and except where the use of the structure changes to a use permitted in the C-C zone. The applicant has submitted photos of the existing structures on the site (attached in Exhibit A of this staff report). The applicant intends to keep the existing structures on the site and use them as part of the Hartz Music Shop business. A tent area is shown on the conceptual site plan between the two buildings to be used for small outdoor shows and recitals. The applicant states that in the future, this area may be enclosed for indoor shows. As noted in the staff report above, outdoor arts/entertainment facilities (stages and/or music venues) require CUP approval in the C-C/C-G zones. Indoor arts/entertainment facilities are principally permitted in the C-C/C-G zone. Access: The concept plan submitted with this application shows two access points to N. Meridian Road. Staff is recommending that only one access point to N. Meridian Road be allowed once the existing residence is converted to commercial use via CUP/CZC approval. At that time, the applicant states that sole access to the site will be provided from the existing driveway on the northern parcel. The existing driveway on the southern parcel where the existing house is should terminate upon CUP/CZC approval. Cross-access will be provided with the property to the south owned by Kendall Hoyd via a driveway at the south boundary of the site. Staff is supportive of the proposed cross-access with the parcel to the south and the single access point to N. Meridian Road as discussed. Although they have not provided specific comments on the subject AZ & RZ applications, ACRD generally restricts direct access to arterial streets and encourages combined access points. ACRD has provided general comments in Exhibit B that may be applicable upon future development of the property. A copy of the recorded cross-access easement/agreement with the property owner directly south of the site shall be submitted to Planning staff prior to CZC issuance. Hours of Operation: The applicant has stated that the hours of operation for this business will not extend past 10 pm. Staff is recommending as part of the Development Agreement that the hours of operation for the business on the site be limited to the hours between 6:00 am and 10:00 pm because of the existing residential uses north and east of the site. Landscaping: Meridian Road is classified as an arterial roadway; a 25-foot wide landscape buffer is currently required adjacent to arterial roadways. There are existing residential uses to the east and north of the site; a 25-foot wide landscape buffer is required between C-G/C-C zoned property and residential uses (UDC Table 11-2B-3). All landscape buffers will be required by the City with future CUP/CZC approval and shall be installed prior to issuance of Certificate of Occupancy. Flood plain: The eastern portion of the property located at 1990 N. Meridian Road, along the Five Mile Creek, is located within flood zones XS and AE but is not within the floodway. The eastern portion of the property located at 1970 N. Meridian Road is also within flood zone XS and AE, outside of the floodway, but a very small sliver of the property along the eastern Hartz Music Shop - AZ-07-002 & RZ -07-003 Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 boundary is within the floodway. An elevation certification for future buildings will not be necessary in this instance because only about 4 feet of the property at the widest point, lies within the floodway, which is within the required landscape buffer area. Parking: For commercial uses, parking stalls aze currently required at the rate of one space per 500 s.f. of gross floor area (UIDC 11-3C-6B). Parking on the site will be reviewed for compliance with UDC standards at the time of CUP/CZC approval. Also, no linear grouping of parking spaces shall exceed twelve (12) in a row, without an internal planter island per UDC 11-3B-8C. Conditional Use Permit (CUP): The applicant shall be responsible to obtain CUP approval from the Planning & Zoning Commission prior to the commencement of any outdoor entertainment facility use for the small shows & recitals discussed in the narrative. Certificate of Zoning Compliance (CZC): The applicant shall be responsible to obtain a CZC permit from the Planning Department for all new construction on the site, expansion of the existing use, and/or the change in use from residential to commercial for the property at 1970 N. Meridian Road. Development Agreement: UDC 11-SB-3D2 provides the Planning & Zoning Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Due to the proposed use and proposed cross-access, 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 aze 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 annexation and rezone of this property. Prior to the annexation and rezone ordinance approvals, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation/rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 6 months of Council approval to initiate this process. The DA shall include, at a minimum, the following: • The subject property shall be zoned C-C, not C-G as requested. • Across-access easement shall be provided to the property owner to the south (Kendall Hoyd). Prior to issuance of a Certificate of Zoning Compliance on this site, submit a recorded copy of said cross-access easement to the Planning Department. • The hours of operation for the business on the site shall be limited to the hours between 6:00 am and 10:00 pm to reduce possible adverse impacts to the existing residences adjacent to the site. • The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit from the Planning Department for all new construction on the subject property and the change in use from residential to commercial for the property at 1970 N. Meridian Road. • The applicant shall be responsible to obtain Conditional Use Permit (CUP) approval from the Planning & Zoning Commission and Certificate of Zoning Compliance approval from the Planning Department prior to the commencement of the outdoor entertainment facility use for the small shows & recitals discussed in the narrative Hartz Music Shop - AZ-07-002 & RZ -07-003 Page ] 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 (and any other CUP required uses proposed on this site in the future). • All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. • The detailed site plan submitted with any CUP and/or CZC application on this site shall substantially comply with the conceptual site plan submitted to the City as shown in Exhibit A of the Staff Report. • The applicant shall be responsible for all costs associated with sewer and water service installation. • Only the single access point to Meridian Road shown on the conceptual site plan on the northernmost parcel shall be allowed to this site. The existing access to Meridian Road for the southern parcel shall terminate upon CZC/CUP approval of a change or expansion of the existing use. • A minimum 25-foot wide landscape buffer will be required and shall be constructed along the entire frontage of N. Meridian Road in accordance with UDC 11-3B-7, when a CUP and/or CZC is reviewed and approved in the future. • A minimum 25-foot wide landscape buffer shall be constructed adjacent to any existing residential uses which abut this site in accordance with UDC 11-3B-9, when a CUP and/or CZC is reviewed and approved in the future. • A 10-foot wide multi-use pathway may be required on this property along the south side of the Five Mile Creek (depending on the Pathways Master Plan). • A sidewalk shall be constructed along N. Meridian Road. • That any work or improvement within the floodway or floodplain on this property shall file a floodplain development application with the City of Meridian Public Works Department prior to commencement of the work. • The applicant shall complete all required improvements prior to obtaining a Certificate of Occupancy for any change in use of the site. b. Staff Recommendation: Staff is recommending approval of the subject AZ & RZ applications to the C-C zone, not C-G as requested, for Hartz Music Shop, as presented in the staff report for the hearing date of March 15, 2007. This recommendation is 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. The Meridian Planning and Zoning. Commission heard these item(s) on March 1 2007 and March 15 2007 At the public hearing on March 15, 2007,. the Commission voted to recommend approval Thlr eridian City OllIIC'1 heard then .items nn Anril 17_ .(1(17 At *hp nnhlir haarina f6n . Q.+.+rn~.o iect A7_, and R7. reaLect to he .- .one 11. EXHIBITS A. Drawings 1. Vicinity Map 2. Conceptual Site Plan 3. Photos of existing structures on the site B. Agency Comments 1. Planning Department 2. Fire Department Hartz Music Shop - AZ-07-002 & RZ -07-003 Page 11 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 3. Police Department 4. Parks Department 5. Ada County Highway District C. Legal Descriptions & Exhibit Maps D. Required Findings from Unified Development Code Hartz Music Shop - AZ-07-002 & RZ -07-003 Page 12 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 Exhibit A 1. Vicinity Map '~°~Fw o ~ 0 o ~, m W w .A4MEg000RT y Y w K WIL-L~WB RDD•K ~ W V ~ 4 O W QO o 5 J R,AM1IME ELBRI DG.EJ ~ Z Q O W CA RM L ul m N 5 a ~ w m Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 2. Conceptual Site Plan Stt'~3~Of L e~iT.'p4 i N 1 Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 3. Photos of existing structures on the site 1990 N. Meridian Road 1970 N. Meridian Road Exhibit A • CITY OF MERIDIAN PLANNING pEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 Exhibit B Agency Comments 1. PLANNING DEPARTMENT 1.1 The annexation legal description submitted with the application (stamped on January 18, 2007, by Peter W. Lounsbury, PLS) shows the property adjacent to the existing corporate boundary of the City of Meridian. 1.2 The rezone legal description prepared by Peter W. Lounsbury, PLS, dated January 18, 2007 and submitted with the application, is accurate and meets the requirements of the City of Meridian and State Tax Commission. 1.3 Prior to the annexation and rezone ordinance approvals, a Development Agreement shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation/rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 6 months of Council approval to initiate this process. The DA shall include, at minimum, the following: • The subject property shall be zoned C-C, not C-G as requested. • Across-access easement shall be provided to the property owner to the south (Kendall Hoyd). Prior to issuance of a Certificate of Zoning Compliance on this site, . submit a recorded copy of said cross-access easement to the Planning Department. • The hours of operation for the business on the site shall be limited to the hours between 6:00 am and 10:00 pm to reduce possible adverse impacts to the existing residences adjacent to the site. • The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit from the Planning Department for all new construction on the subject property and the change in use from residential to commercial for the property at 1970 N. Meridian Road. • The applicant shall be responsible to obtain Conditional Use Permit (CUP) approval from the Planning & Zoning Commission and Certificate of Zoning Compliance approval from the Planning Department prior to the commencement of the outdoor entertainment facility use for the small shows & recitals discussed in the narrative (and any other CUP required uses proposed on this site in the future). • All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. • The detailed site plan submitted with any CUP and/or CZC application on this site shall substantially comply with the conceptual site plan submitted to the City as shown in Exhibit A of the Staff Report. • The applicant shall be responsible for all costs associated with sewer and water service installation. • Only the single access point to Meridian Road shown on the conceptual site plan on the northernmost parcel shall be allowed to this site. The existing access to Meridian Road for the southern parcel shall terminate upon CZC/CUP approval of a change in use or expansion of the existing use. • A minimum 25-foot wide landscape buffer will be required and shall be constructed along the entire frontage of N. Meridian Road in accordance with UDC 11-3B-7, when a CUP and/or CZC is reviewed and approved in the future. • A minimum 25-foot wide landscape buffer shall be constructed adjacent to any existing residential uses which abut this site in accordance with UDC 11-3B-9, when a CUP and/or CZC is reviewed and approved in the future. Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 • A 10-foot wide multi-use pathway may be required on this property along the south side of the Five Mile Creek (depending on the Pathways Master Plan). • A sidewalk shall be constructed along N. Meridian Road. • That any work or improvement within the floodway or floodplain on this property shall file a floodplain development application with the City of Meridian Public Works Department prior to commencement of the work. • The applicant shall complete all required improvements prior to obtaining a Certificate of Occupancy for any change in use of the site. A copy of the concept plan attached in Exhibit A of this staff report should be included as an Exhibit in the DA. 2. FIRE DEPARTMENT 2.1 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. Aturn-around shall be provided at the north end of property that meets the requirements of the Fire Department. 2.2 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 2.3 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. Show location of ALL fire hydrants within 500 feet of the property on the CUP application site plan. 2.4 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. POLICE DEPARTMENT 3.1 The Police Department has no concerns related to the site design subrrutted with the application. 4. PARKS DEPARTMENT 4.1 A 10-foot wide multi-use pathway may be required along the west side of Five Mile Creek with development of this property (depending on the Pathways Master Plan).. 5. ADA COUNTY HIGHWAY DISTRICT 5.1 District policy requires 96-feet of right-of--way on arterial roadways (Figure 72-F1B). This right- of-way allows for the construction of a 5-lane roadway with curb, gutter, 5-foot concrete detached sidewalks and bike lanes. 5.2 District policy requires 7-foot wide attached (or 5-foot detached) concrete sidewalk on all collector roadways and arterial roadways (7204.7.2). Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 5.3 District policy 7207.8 states that direct access to arterials and collectors is normally restricted. The developer shall try to use combined access points. If the developer can show that the use of a combined access point to a collector or arterial street is impractical, the District may consider direct access points. Access points for proposed developments at intersections should be located as far from the intersection as practical, and in no case closer than as illustrated on Figure 72-F4, unless a waiver for the access point has been approved by the District Commission. 5.4 Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7207.9.1, the applicant should be required to 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. 5.5 District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles to a maximum width of 36-feet. Most commercial driveways will be constructed as curb- cut type facilities if located on local streets. Curb return type driveways with 15-foot radii will be required for driveways accessing collector and arterial roadways. 5.6 It is recommended that the applicant and/or representative schedule apre-application meeting with District Staff prior to design and submittal of a formal development plan. Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 Exhibit C Legal Description & Exhibit Map for the property at 1970 N. Meridian Road (C-C zoning) / ~~ ~~ 6~uadrant Januaiy 13,2007• C:o n's u i F'i ~,g, Inc. );loriz..Pt-opcrty i~eao• Ar+nexa-ticY+ 1970 \orth'iNeridiaa Etoad A parcel of land described in «'arranty Deed Ltstrtunent ~100U797G1 together with aportion~of I\'orth Meridian Ttoad Right-Ofli'ay, located' in a portion of Lot 7 in SecriomG; Township 3 Mor1h; 'Range 1, Enst Boise Meridian,. Ada County, Idaho being more particularly described. as follpws:. Coi•-iiitenGins aithe S®uthwest Curn~ of snid Sectidn 6, thence IYonh 0°OI'30" Nest 1234.25 feet along,lhe Wesrline of said Secrion 6 to the P.()tNT OF BECI1~`YflVC, thence leaving=said Section line AoNt 8y°38'30"~stst 197.79_feet, thence `A'orta 00°Ot'30" West 94.26. fee4 thsncc• South 88°44'3.0" West l97 84 toot to the)\`ottM~'est'Comec of said :Got 7 'in Section b; thence along, said West line ofsaid:Section G' South 00°Ol'3A" East 90;00 feel to'the YOliV1' OFBEGIN~1CNf:: Said parcel contains 18,223 squ:-rti•feet. orQ.41-acres, more or less: This description'was prepared. using record' infomtnaon and withqut the~bcnef t of a &urvey. pp VA4 fiE t~ ~~SV '- a ~~~ d'4t~~ Ot:P'f•G 190tN,Overtgnc tbfie.ID'83705'' • Pitonel?~1's~2-009t • Faxl2Q§j•3a2.06342 • rCmo:l:guadfenit~ttu¢dtoni.ec ' ' ~ CNOEngneefMg • SurveVtng • ConSErucfibnMc~rcgemen~ Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 ~~ , ~^ Qucid~art Consuttn~g; to"c. POINT Of 6EGIPINING ~.~ Z ~. ~~ ~, ~ cu°W i 9?0_ Pf:. MERiQlAN RQAQ ~AR'EZ. P,R.OFEI2T ~' i2cZQ~lE ~-~--~ ~~~ I[ (' ~ x'.890 PI YERi-~tH~ :ZQt~ :~?Cl~~O(3tt3gQ ~~ N '~ ,~ ~ ~. (~' Y VI _ A1. B S ~ j !( dR .~ 1~ 7 CRk.~ttG :SGML (,N SFr ). f tncn a s'a ti: a 1,40,4 W.0_vtitan~ • gp;~e.iD,83105 • PtioR6(2fl8I3~2-0EF~r'1. • F.ox"~208E34F~OOS2 _srtCTGy+RQfCtnfOGUgL~riiti.ec . Cn'~itErsgiaeerhg • ,Swveyfr~g • Consiru~ctiotst~o~-agerseni Exhibit C • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 Legal Description & Exhibit Map for the property at 1990 N. Meridian Road (C-C zoning) 7iwuaiy, 1:8,,2007 flstiKz Pt-operfy .Rezone. 1990 i~ot4 Meridian Road r^^ .~^ 6~uadrant 'C.:onsuPtfn.g, Iric. A pac+ccl of land described in WsurantyUeed Instrument ~970995U6 together~vith a portion of \forth :Meridiw Road ltigftt-0f•L<<ay, locatuf in a portion. of Lot. b of J.~. Pfosi2s Subdivision: ii~'Lot_ b of Section b Township 3 Atorth; Range' 1 East;,.Boise Meridian, Ada; County, Cdaho. being mire. partaculflriy dcscabed. as. foll'ows:_ Cortimcrtcin~ at the Southarest Coiner of said Section b; thence IYoiiti 0°Ot':3d" Nest ] 234.28 :feel alonb the West lute ofsaid Section 6, thence.continuing i`lorth 0°0;1'30" best-90.00 firer to the POIPfT OFBf/Gt1~fD1'1~G> thence. teaving'siucl vVest'3ine North 88°44'30" `fast 200.01. feet; Thence Ngrtb 00°01'30" West 85.00 feet, thence South 88°44`•3'0" West 45.35 !'cci, thence South 00°0!'30"East 23.00 t'eet, thence South 88`44'30" !Vest ! O.OO feet, thence 1Vorth 00°01'3.0" West 25.00 feet, thence' South 88°44'30" Wcsi 144.6b feet to.said Wcstline of Section b,'thence along said West line South•00°0!'30" Eas485.00 Cectto the P.OIA~.OF•B1GU~'~1NC.: ~ ` Said parcel. co~taias .16,749 square~feet or 0.38 acres, more oi''less. This description cvas preparetA using•record iiitormat~on and without the'ticnefit of a survey. RE'1r t,~fljtaVAt. BV~ -s--~~'-- :~~ws i° ~ ++' ~Y~O ~SDEPT.G I404'.W,Ove_.fioro.• 6ofse:tD&3105 • t'tecste(2tI8j3g2.00Si • fext208~3t2.0042 • Emod:qucdtY~nt~gvacrant.cc CivOt:~rneeifng'• SLtve~rng •.Consttuctton-:aanagemenr Exhibit C • • CITY OF MERIDIAN PLANNING :DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 ~~®_ Quadranfi ;Co~st,i't`r-rig, t~n-c, POIMI'. OF BE~PNt~CNG! ~~ ~ ~ +~, ~ ` $, :~ ~ a ~~: z: .~ ~~. ;o. ~ ~: a~ a ,~Y/A ~SY '~~ ' '194Q N. MER.fD1~1i.V .ROAD 1iAR"T~ PROPER,FY :R~ZOPlE Pf 8S''44,3~"E tA4.66' N88'44'3€?'`E x5.:35' ~ 5`7~ li If ET~ED,`AfV R£?~(~ ~ I S:r~vf ~3fsG1~ t t!~_ TR3l~E SINE _ ~~'~Rf~G ' L~f~G~Tt~t .. c S tt'~i'30" fl ~ ' 25;'QD ~fi.~. QQ QQ {{ ''// ._~v4v'•~•~' ~~NTV~ I•~i .. f 0 0 d c.+ 0 ~t,4.~it~ ~^GAte` 0 50. { tt+' FEE i ~_. ~ Frch ~ iii If. . ' pf+ ft01/A1. ~~~., . ~ `~ ~~~. ~i01A~ 1?u$~lc. 4 140k W Overbate~ • Bo~se.1~D 837Q5 • ?narie `2f96).~~9I • Fpx, (2a8--~2~42 •, cmo!~ quarlr~t~iuadr~nt.cc C~?Eng'neerfng • SWVe~ng • Cpri3;cu~tEOrfNtol~a~eti'4en4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 Exhibit D Required Findings from Unified Development Code Annexation and Zoning & 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: 1. The map amendment complies with the applicable provisions of the Comprehensive Plan; The applicant is proposing to zone the subject properties to C-G. The Council finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan, if the property is zoned to C-C. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report for more information. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that the existing music instruction and associated retail sales, along with the future outdoor dinner show facility for small show and recitals would be a conditional use within the C-C zone. The Commission and Council believe that the existing and proposed use will continue to provide much needed services and entertainment options for the community. As mentioned previously, the applicant has submitted a conceptual development plan for this site. A detailed plan will be required with the Conditional Use Permit (CUP) and/or Certificate of Zoning Compliance (CZC) application. The Council finds that future development of this property should comply with the established regulations and purpose statement of the C-C zone. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare, if the property is zoned to C-C, not C-G. 4. 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. 5. The annexation is in the best of interest of the City (iJDC 11-SB-3.E). The Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. In accordance with the findings listed above, the Council finds that Annexation and Zoning and Rezoning of this property to C-C, and not the requested C-G, 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 and required in Exhibit B of the Staff Report. Exhibit D • • April 27, 2007 AZ 06-062 MERIDIAN CITY COUNCIL MEETING MCty T, 2007 APPLICANT Kendall. Hoyd ITEM NO. 5-f REQUEST Development Agreement -- Request for Annexation and Zoning of 1.12 acres from RUT to a C-C zone for Boyd Annexation -east of North Meridian Road and north of East Fairview Avenue 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: ~1 ~? Phone: CP ~ ~~- '~ 7 Emailed: ~ ~ j -flQ.,,.~, St Initials: Materials prosented at public meeNnpa ahaN become property of the City of Meridian. ~ • • 9~ CITY Oh' R~l7 ;~k' ~ ~Y1G~I~Y1 ~ ~y ~ IOAHO ~~ „~~ /t ~~-~r o i / ~ 7hr_nsular V ~~' SINCE 1903 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph. W. Borton Charles M. Rountree Shaun Wardle CITY DEPARTMENTS City Attorney/HR 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234/fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579/fax 898-5501 Planning 660 E. Watertower Lane • Suite 202 884-5533 /fax 888-6854 Police 1401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 /fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 /fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191/fax 884-0744 - Water 2235 N.W. 8th Street 888-5242 /fax 884-1159 April 10, 2007 Kendall R. Hoyd 10835 W. Treeline Court Boise, Idaho 83713 Re: Development Agreement -Hoyd Annexation AZ os-OS2 Dear Mr. Hoyd, Enclosed please find the original Development Agreement for the Hoyd Annexation Project, which is ready for your review and signatures of the appropriate parties. Please sign where indicated and return to the City of Meridian City Clerk's Office for placement on the next available City Council Agenda for approval. Please call my office at 208-888-4433, if you have any questions. Sincerely, ~`~ ~i~ v (~CxJ~ n~`-lS~'~r~`~ Sharon Smith Sr. Deputy City Clerk enc. `~,:f~t 4~ CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83042 (208) 888-4433 ,~sl^lliflll ~ .. i_'~!~~~!!L~,,i, i . CITY CLERK -FAX 888-4218 FINANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119 '~ tfi'f rl Printed on recycled paper • ADA COUNTY RECORDER J. D1~VAyARRO AMOUNT .00 33 BOISE IDAHO 0510107 01:48 PM DEPUTY Pattl Thompson III IIII'l'I~I'LI'IIIIL'IIIIL'ILII I'll RECORDED-REQUEST OF I City of Meridian 10706726 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Kendall Hoyd, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 2~~ day of ~P121 L , 2007, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and Kendall Hoyd, whose address is 10835 W. Treeline Court, Boise, ID 83713, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/Developer make awritten commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-SB-3, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer have submitted an application for annexation and zoning of the Property's described in Exhibit A, and has requested a designation of C-C, Community Business District (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 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 DEVELOPMENT AGREEMENT (AZ 06-062) HOYD ANNEXATION PAGE 1 OF 10 ~~. • 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 20`~ day of March, 2007, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER/DEVELOPER deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: DEVELOPMENT AGREEMENT (AZ 06-062) HOYD ANNEXATION PAGE 2 OF 10 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 OdVNER/DEVELOPER: means and refers to Kendall Hoyd, whose address is 10835 W. Treeline Court, Boise, ID, the party that owns and is developing said Property and shall include any subsequent owner(s) or developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be re-zoned C-C (Community Business District), attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2B-2 which are herein specified as follows: Retail uses in the proposed C-C zone on 1.12 acres, and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ 06-062 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Propertyin accordance with the following special conditions: A cross-access easement to Carmel Drive shall be provided to the property owner to the north (Matthew Hartz). Prior to issuance of a Certificate of Zoning Compliance on this site, submit a recorded copy of said cross-access easement to the Planning Department. DEVELOPMENT AGREEMENT (AZ 06-062) HOYD ANNEXATION PAGE 3 OF 10 • 2. The hours of operation for future businesses on the site shall be limited to the hours between 6:00 am and 10:00 pm to reduce possible adverse impacts on the existing residences adjacent to the site. 3. The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit from the Planning Department for all new construction on the subject property. 4. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 5. Any future building on the site shall substantially comply with the conceptual elevations and construction materials submitted to the City as shown in Exhibit A of the Staff Report. 6. The detailed site plan submitted with any CZC application on this site shall substantially comply with the conceptual site plan submitted to the City as shown in Exhibit A of the Staff Report. 7. The applicant shall be responsible for all costs associated with sewer and water service installation. $. No direct lot access to Meridian Road shall be allowed to this site. 9. Upon development of the property, a minimum 25-foot wide landscape buffer shall be constructed along N. Meridian Road. The landscape buffer shall be placed on the subject property, in accordance with the UDC standards. 10. Upon development of the property, a minimum 10-foot wide landscape buffer shall be constructed along Carmel Drive. The landscape buffer shall be constructed in accordance with the UDC standards. 11. Upon development of the property, construct a minimum 25-foot wide landscape buffer adjacent to any existing residential uses which abut this site. 12. Sidewalks shall be installed along N. Meridian Road and Carmel Drive. 13. Any new building on this site shall be required to receive elevation certification. 14. The applicant shall complete all required improvements prior to obtaining a Certificate of Occupancy for the proposed development. 6. COMPLL~NCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the Owner/Developer or Owners'/Developers' heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property' of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. DEVELOPMENT AGREEMENT (AZ 06-062) HOYD ANNEXATION PAGE 4 OF 10 • 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Owner/Developer consent upon default to the reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the City provide written notice of any failure to comply with this Agreement to Owner/Developer and if the Owner/Developer fail to cure such failure within six (6) months of such nonce. 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/Developers' heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be modified or terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by 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 DEVELOPMENT AGREEMENT (AZ 06-062) HOYD ANNEXATION PAGE 5 OF 10 • contemplated hereby, the City shall execute and record an appropriate instrument ofrelease of this Agreement. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybe sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that City and 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 simuilar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 11-5-C, to inswe that installation of the improvements, which the Owner/Developer agrees to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Developer/Owner has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of DEVELOPMENT AGREEMENT (AZ 06-062) HOYD ANNEXATION PAGE 6 OF 10 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 agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNER/DEVET.OPER: c/o City Engineer Kendall Hoyd City of Meridian ~ 10835 W. Treeline Court 33 E. Idaho Ave. Boise, ID 8371.3 Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF TI3E ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and DEVELOPMENT AGREEMENT (AZ 06-062) HOYD ANNEXATION PAGE 7 OF 10 provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer ofthe Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees; upon written request ofOwner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 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 irnplied;between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ 06-062) HOYD ANNEXATION PAGE 8 OF 10 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER endall Hoyd CITY OF MERIDIAN BY: MAYOR de WEERD ~~~rv~~~ ~ ~~ ~~ ATTEST: `~,~~ ,,,,~ .~ ~~ • ,~ ~, ~, ~'~o ~~ .~~.= 4 ~~AL - WILLIAM G. BERG, JR. CI CL RK .~, DEVELOPMENT AGREEMENT (AZ 06-062) HOYD ANNEXATION PAGE 9 OF 10 ~' .STATE OF IDAHO, ) ss County of Ada, ) On this d~~ h day of ~ ~; ~ 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared KENDALL HOYD, known or identified to me to be the person who signed the above and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~'••4,OL K• bU•••. ~ ~. •.•~d~'~, OTgR O~t # ~~~ ~' ~~ pVBLIC ,f #, ~Ae ,,.•• ~r0 STATE OF IDAHO ) ss County of Ada ) 1~ Notary Public for Idaho+ I Residing at: ~~/~, f ; d ; c~ ~ ~ C~ My Commission Expires: ~ - I I - I O On this ~ S+ day of 2007, before me, a Notary Public, personally apreuel Tunmy de Weerd and illiam G. Eerg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. •••"••. • ; ~' ~ ~ (SEA-) ~ ~ Notary Public for Idaho Residing at: ~~ ~~ LLB ~~ :~,,y.~ ~,; s Commission expires: op-11-1 ~ 'I•~~ 0 ~~q~~ DEVELO~~~AGREEMENT (AZ 06-062) HOYD ANNEXATION PAGE IO OF IO Ezhibit A Legal Description -TU~"J c..r,~ HOYD PROPERTY EZ~ONE MERIDIAN A PARCEL OF LAND LOCATED IN THE SW 1l4 OF SECTION fi, TOWNSHIP 3 NORTH, RANGE 1 EAST, BO1SE MERIpIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT A BRAS5 CAP MARKING THE SW CORNER OF SECTION 6. ., TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, THENCE N 00`25'30" W A DISTANCE OF 1004,09. FEET TO THE REAL POINT OF BEGINNING; THENCE N 89°34'30" E A DISTANCE OF 235.70 FEET ALONG THE NORTH RIGHT OF-WAY OF EAST CARME7 DRIVE TO A POINT; THENCE 31.82 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 35.00 FEET,~A DELTA OF 52°05'30" AND.A CHORD BEARING OF N 63°31'45' E A DISTANCE OF 30.74 FEET TO A POINT; THENCE N 37°29'00".E A.DISTANCE Of= 48,84, FEET TO A POINT ON THE CENTERLINE O'F FNE MILE CREEK; LEAVING SAID RIGHT-OF-WAY ANb ALONG THE CENTERLINE QF FIVE M1LE CREED THENCE N 53°i4'27" W A OISTANGE OF 81.93 FEET TO A POINT; THENCE N O6"34'09" W A DISTANCE OF 224.11 FEET TO A POINT; LEAVING.SAIp CENTERLINE; THENCE S 88°25'12" W A DISTANCE OF 6.26 FEET TO A POINT; THENCE S 00°26'30" E A DISATNCE OF 94,26 FEET 70 A POINT; THENCE S 69°39'14" W A DISTANCE'OF 197.81 FEET TO A POINT ON CENTERLINE OF NORTH MERIDIAN ROAD'; THENCE S 00°25'30" E A DISTANCE OF 230.26 FEET TO THE REAL POINT pF BEGINNING, D`~ ~~~ NkRtP~K~ ~ E~11C WdR, ~ - ~..`:: `' CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISI®N & ORDER %~~cm~ ir~.wo ~' 4 In the Matter of Annexation and Zoning of 1.12 Acres from RUT (Ada County) to C-C (Community Business District) for the Property Located on the Northeast Corner of N. Meridian Road and Carmel Drive (Parcel No. S1106336020), by Kendall Boyd, Case No(s). AZ-06-062 For the City Council gearing Date of: March 6, 2007 (Findings oa the March Z0, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 6, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 6, 2007, incorporated by reference) 3. Application and Property ]Facts (see attached Staff Report for the hearing date of March 6, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 6, 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 Ciry Code § 11-SA. CITY OF MERIDIAN FINDIhTGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-062 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, Conceptual Site Plan, Building Elevations, Findings, and Development Agreement provisions, all in the attached Staff Report for the hearing date of March 6, 2007, incorporated by reference. The Staff Report is concluded to be reasonable and the applicant shall meet aU applicable requirements of the application approval. C. Decision and Order Pursuant to the City Council's authority ss provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Conceptual Site Plan as evidenced in Exhibit A of the attached Staff Report dated March 6, 2007, is hereby conditionally approved; and, 2. The applicant's Conceptual Building Elevations as evidenced in Exhibit A of the attached Staff Report dated March 6, 2007, are hereby conditionally approved; and 2. The applicant's request for Annexation with a C-C zone is approved subject to the Development Agreement provisions listed in Exhibit B of the attached Staff Report for the hearing date of March 6, 2007 incorporated by reference. D. Attached: Staff Report for the hearing date of March 6, 2007. CITY OF MERIDIAN FINDiNG5 OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06~Ob2 By action of the City Council at its regular meeting held on the z ~ 2007. day of COUNCII. MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCII, MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TANIlVIY de WEERD (TIE BREAKER) Attest: William G. Berg, Jr., Copy served upon Applicant, The Attorney. VOTED_~~~G~ VOTED_ I~~ VOTED`_~~ VOTED_ ~ ft--, VOTED -~~ .~~ ~ .~ o *~ n _ ~.r Ji.6~1 ' ~ ,`~ ` ,~l rtst. ~.~'~ ,,. Pla4, , anent, Public Works Department and City By: 4~ IGt~ ~ CJV-rL~-~il Dated: ~ - 2.2 -L-'l City Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DBCiSION & ORAER CASE NO(S). A7r06-062 • CITY OF MERIDIAN PL,AIVNIN(} DgpAR STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 STAFF REIQORT TO: FROM; SUBJECT: Hearing Date: March 6, 2007 Mayor dot City Council Sonya Wafters, Associate City Planner (208) 8845533 QQ~ ~~** cm ro ~~%Y1e17~1~1l? ~ ~~° vv IU~IFIU Boyd Annexation Y AZ-06-062 ~ ~ Annexation and Zoning of 1..12 acres from RUT (Ada County) to C-C (Communty Business District), by Kendall Hoyd. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applieapt, Kendall Hoyd, has requested Annexation and Zoning (AZ) approval of 1.12 acres from RUT (Ada County) to C-C (Community Business District). The subject property is located on the northeast corner of N. Meridian Road and Carmel Drive, approximately % mile north of Fairview Avenue. The subject property is within the City's Area of Impact and the Urban Service Planning Area. The applicant intends to construct a 14,000 square foot two-story office building on the site once the property is annexed and zoned. A conceptual development plan has been submitted with the a~exation request that shows the location of the proposed building, parking, and an access drive going to the parcel north of the site for future cross-access. Conceptual elevations of the proposed office building have also been submitted. Staff is requesting that the applicant enter in to a Development Agreement that will include, among other provisions, that across-access agreement with the property owner to the north of the site be provided. 2. SUMMARY RECObIIVIFNDATION The subject Annexation and Zoning application was submitted to the planning Department for review, Below, staff has provided a detailed analysis, comments, and recommended actions for the requested Annexation and Zoning application. Hy City Ordinance, the Planning & Zoning Commission makes a recommendation to the City Council on Annexation and Zoning applications. Any comments related to the Annexation application (AZ-06-062) will be inchided in the Commission's recommendation to the Council. Staff is t~ecommending approval of the Hoyd Annexation (AZ.06-062), as presented 1n the staff report for the hearing date of February 1, 2007, based on the Findings of Fact as listed in Exhibit D and subject to the Development Agreement provisions Bated La Section 10. The Meridian Plantine and Zoning Commission heard this item on February 1 2007 At the Qubhc hearma they moved to recommend aDnrovaL a. $ummarv of Commiselon Public HearinE• i. In favor: Ken o d A licant/owner il. tin ontrosftion: None iii. Commenting: None iv. Staff nresentina aonlication: Sonva,~ Waders v. Other staff commentiae on anolication: None b. - c. i. ~vone Hoyd Anncxatioa - AZ-06-062 Page 1 • • CITY OF MERIDIAN pI,ANNiNG DEPARTMh1VT STAFF REPORT FOR THE NFAARIIVG DATE OF MARCH 6, 2007 d. ». arv of City .o .nwii Pr!b i Ap4r:..... 1. ii. osition: None 111. COI1lIIlel]flny NnnP iv. Written testimonv: None V. $taffDreBen 'n annlir„~jon: nna ('~jnQ vi. ff comet a lies ' ~ Ixsue. of D'x~assion try o ~nc'I• i. ~, cil Changes to Cnmmi~i!-„ >Qoent.,,..n..aaf;..,.. i. N~ 3. PROPOSED MOTION (to be considered after the pub4lc hearing Approval After considering all staff', applicant and public testimony, T move to approve File Number AZ- 06-062 as presented in the staff report for the hearing date of March 6, 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-06- 062 as presented during the public hearing on March 6, 2007, for the following reasons: (you should state speci5c reasons for denial of the annexation request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Number AZ- 06-062 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/I,ocation: Parcel 1{S 1.106336020 Generally located on the northeast corner of N. Meridian Road and Carmel Drive, in the S.W. '/< of Section 6, Township 3 North, Range 1 East. b. Property Owner of Record: Kendall Hoyd 10835 W. Treeline Court Boise, ID 83713 c. Applicant: Hoyd Anaexatioa - AZ-06-062 Page 2 • CTIY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 20tI7 Same as owner d. Representative: Kendall Hoyd (Owner/applicant) e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Commercial g. Description of Applicant's Request: The applicant is requesting approval to annex and zone 1..12 acres from RUT (Ada County) to C-C (Community Business District). h Applicant's Statement/Justification (see Applicant's application and letter): After the property is rezoned, the applicant intends to build atwo-story office building of approximately 14,000 square feet in the southwest corner of the property. The property will have shared access with its neighbor immediately to the north and with required landscaping and open space should have approximately S5 parlang spaces. Primary tenants will be Reality Building Design, Inc., a residential drafting firm, and Performance Engineers, Inc., a structural engineering fine. These businesses will occupy slightly over half of the building and the LLC that owns the building will be seeking similar tenants for the remainder of the space. Hours of operation will be standard business hours, from approximately 8:00 am to approximately 6:00 pm. S. 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 dt Zoning Commission and City Council on this matter. b. Newspaper notifications published on: January 1 S, 2007, and January 29, 2007 (Commission); Febraarv 12, 2007 & 1Februarv 26.2007 (Gifu Council) c. Radius notices mailed to properties within 300 feet on: January 5, 2007 (Commission); February 2, 2007 (Gifu Counclll d. Applicant posted notice on site by: January 17, 2007 (Comrission); Februarv20.2007 (Gifu Council) 6. LAND USE a. F.xistin$ Land Use(s): Vacant land b. Description of Character of Surrounding Area: The properties to the north and south are designated as Commercial on the Comprehensive Plan Fbture Land Use Map. The property directly to the south is vacant and further to the south is a commercial childcare facility. The property to the north has an existing house and is zoned Rl in Ada County but is currently requesting annexation irrto the City with a C-G zone for an extension of the Hartz Music Sbop use further to the north. The property to the east is designated High Density Residential and is developed with attached residential homes. The property to the west is designated Mixed Use - Community and is currently zoned RUT and has a rural residential home with a pasture on it. The properties in this area fronting N. Meridian Road ate rapidly transitioning from rural .residential to commercial properties. c. Adjacent Land Use and Zoning: 1. North: Single-family residence, zoned Rl (Ada County); further north, Hartz Music Shop, zoned L-O. Hoyd Annexation - AZ-06-062 Page 3 • w CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 2. Fast: Single-family attached residences (La Playa Manor Estates) ,zoned R-8 3. South; Vacant, undeveloped land, zoned Rl (Ada County); further south, a commercial childcare facility, zoned C-C. 4. West: Single-family Houle & pasture on large parcel, zoned RUT (Ada County). d. History of Previous Actions: None e. Existing Constraints and Opportunities: 1. Public Works Location of sewer. There is a City of Meridian sewer main in Meridian Road. Location of water: There is currently a water main in Meridian Road. Issues or concerns: A portion of this site is in the AE flood zone, any new building on this site would require elevation certification. 2. Vegetation: There aze some existing trees on the subject property that should either be preserved or mitigated for at the time of development. 3. Flood plain: A small portion of this property at the northeast corner of the site along the Five Mile Creek is located within the floodway, in the AE flood zone. 4. Canals/Ditches Irrigation: None 5. Hazards: None 6. Proposed Zoning: C~ (Community Business District) 7. Size of Property; 1.12 acres f. Summary of Proposed Streets and/or Access: The Concept plan submitted with this application shows access being provided from Carmel Drive with no direct access to N. Meridian Road. A driveway i$ also shown at the north boundary for future cross-access with the property to the north. Staff is supportive of the proposed cross-access with the property to the north and the proposed aecesa to Carmel Drive. Direct access to N. Meridian Road is not requested or approved with this application. Although they have not provided specific comments on the subject annexation application, ACRD generally restricts direct access to arterial streets and encourages combined access points as well. ACRD has provided general comments in Exhibit B that maybe applicable upon future development of the property. 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 N. Meridian Road, an arterial roadway. A l0-foot wide buffer is required along Carmel Drive, a 1ocaUcommercialrosdway. 2. Width of buffer(s) between land uses: Per City Code (UDC Table 11-2B-3) a 25-foot wide landscape buffer is required between C-C zoned property and residential uses. Currently, there are residential uses to the east and north of this site. However, an annexation application is cun~ently in process for the property directly north of the site, owned by Matthew Hartz, to anmex and zone the property C-G. If the annexation request is approved prior to the development of this property, the 25-foot wide buffer would not be required along the north boundary, Hoyd Annotation - AZr06-062 Page 4 C1TY OF Iv1ERIDIAN PLANNING DEPARTMEhIT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 'f. COMMENTS MEETING On January 12, 2007, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Worlcs Department, and the Sanitary Services Company. All of the received comments are "standard" and have been included within this report. Once a development plan(s) is submitted, the applicant should be required to comply with the specific comments and conditions from all commenting agencies and departments. 8. COMPRESENSYVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Commercial". The Comprehensive Plan defines the Commercial district as: "This designation will provide a full range off 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-C, which is consistent with the Comprehensive Plan designation for this site. Staff fords the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (staff analysis is in italics below policy): • Require that development projects have plamied for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area ojCity 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.• The subject lands currently lie within the jurisdiction of the Meridian Rural Fire Department, who currently shares resource and personnel with the Meridian Fire Department. - The lands are currently serviced by the Ada County Sherri„~'s Department. If annexed the lands will be serviced by the Meridian Police Department (MPD). D The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACFID). This service will not change. - The subject lands are currently serviced by the Meridian School District #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 su„(j'er no revenue loss as a result of the subject annexation. • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal N, Objective D, Action item 2) t7n the submitted conceptual development plan, the applicant is proposing a single access to Carme! Drive and no direct access to N. Meridian Road, an arterial street. A driveway stub Hoyd Annexation - AZr06-Qb2 Page 5 CITY OF MERIDIAN PLANNING DEPARTM>:NT gTAFF REPORT FOR THE HEARING DATE OF MARCk 6, 2007 to the parcel to the north is also proposed for future cross-access out to Carmel Drive. City and ACID sta,~`'are supportive of restricting direct access to arterial streets. "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)" (Chapter VII, Coal N, Objective D, Action item 4) North Meridian Road is designated as an arterial street. Carmel Drive is designated as a IocaUcommercial street. By City Ordinance, a lS foot wide landscape buffer is required adjacent to Meridian Road and a IO~foot wide buffer is required adjacent to Carmel Drive. These Landscape bti,~ers will be required by the City with future Certificate of Zoning Compliance (CZC) approval. "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) The applicant is not spec~cally proposing to install any landscaping with the subject annexation application. However, in order to construct a building on this site the applicant will be required to install internal and perimeter landscaping. "Permit new ...commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter N, Goal I, Obj. A, #6) This parcel is contiguous to the city via the residential subdivision (La Playa Manor Estates) to the east. Sanitary sewer and water are available to this parcel. "Plan for a variety of commercial and retail opportunities within the Impact Area.." (Chapter VII, Goal 1, Objective II) Staff believes that the proposed C-C zone, which allows o,,~'iee uses, does contribute to the variety of uses in this area which include: a music shop, offices, multi family homes, a grocery store, and other future Commercial uses. Sta,,~`'finds that the proposed zoning to C-C zone is harmonious with and in accordance with the Cornpnehensive Plan. Sta.,B''recommends that the Commission and Council rely on staffs analysis, ether agency/department comments, and any other comments received regarding the appropriateness of zoning this site for commercial uses. 9. UNIFIED DEVELOPMENT CODE Allowed Uses in the Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory; and conditional uses in the C-C zoning district. Personal and Professional Services (offices) as well as healthcare or social services, flex space, financial institutions, education institutions, chuc+ches, indoor Bt outdoor entertainment facilities, etc., are listed as principal permitted uses in the C-C 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 Hoyd Anpexarion - AZ-06-062 Page 6 CITY OF MERIDWY PLAN1Vlr(G DEPARTS STAFF REPORT FOR THE HEAR>T1G DATE OF MARCH 6, 2007 accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district iu proximity to streets and highways. 10. ANALYSIS a. Analysis of Facts Leading to StaffRecommendation: AZ Application: Approval of the subject annexation application would allow the applicant to obtain a commercial zone which would allow for future professional off ce uses on the site. The applicant is requesting a C-C zoning designation rather than an L-0 designation because the intended square footage (14,000 square feet) of the future building far this site exceeds the maximum building size allowed in UDC Table 11-28-3 without design standard approval in the L-O zone. For this reason, the applicant prefers to annex and zone the property to the C-C zone and not go through design standard approval as required in the L-O zone as required for the intended size of the future building, Because the Comprehensive Plan designates this property as "Commercial" and not specifically "Office," staff supports the C_ C xoniug designation proposed by the applicant. gccording to current City Code, professional offices are principally permitted uses in the proposed C-C zone (UDC Table 11-2B-2). The proposed C-C zoning designation also complies with the Comprehensive Plan Future Land Use map designation of Commercial. The applicant has submitted a conceptual site plan showing how this site is proposed to develop with atwo-story, 14,000 square foot office building, parking and landscaping, Based on the policies and goals comained in the Comprehensive Plan and the general compliance of the proposed concept plan with the Zoning Ordinance for C-C zoning, staff believes that the zoning of this site to C-C is in the best interest of the City, please see Exhibit C for detailed analysis of facts and findings. The annexation legal description submitted with the application (stamped on November 22, 2006 by Michael E. Marks, PIS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Concept Plan: Staff is generally supportive of the submitted conceptual site plan for this property. However, some of the dimensions shown on the plan are not legible on the reduced copy submitted with the application. All parking areas, drive aisles, landscaping, buffers, sidewalks, lighting, signage, building height and building setbacks for this development should comply with the applicable provisions and dimensional standards set forth in the Unifiod Development Code. Building Elevations: The applicant intends to construct one 14,000 square foot, two-story office building on this site (see conceptual building elevations in Exhibit C). The applicant has submitted details of the intended construction materials for the future building as follows: "The majority of the exterior finish will be a one~oat-stucco-system with raised accents around windows and corners, while the bottom of the lower story will be finished in a cultured stone wainscot with a "stack-stone" appearance on all four sides of the building. All fascia and soffits will be a paintable fiber-cement or durable hardboard trim. The entry will be accented with a natural or painted heavy timber appearance, Roofing material will be a 40- yearheavy architectural asphalt shingle in a slate or black shade. All exterior doors will be heavy commercial grade construction and finish. Windows will be Energy Star, low-E, eolor~oordinated heavy vinyl" Any new structure should be generally compatible in appearance and bulk with the elevations provided with the application attached in Exhibit C and the construction materials detailed above, as determined by the Planning Duector or otherwise approved through a Conditional Use Permit. Hoyd Annexation - AZ-06-062 Page ~ w CITY OF MERIpiAN PLANNING D$PARTMEIVT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 Access: The conceptual site plan shows this ProP~Y being accessed from Carmel IDrive, not Meridian Road. A driveway is also shown at the north boundary, which will provide future cross-access with the property directly north of the site. As part of the Development Agreement for this site, the applicant will be required to grant a cross-access easement to the property directly to the north. (see Exhibit B). Direct access to N, Meridian Road is not proposed or approved with this application, Hoars of Operation: In the applicant's submittal letter, the applicant states that the hours of operation for the proposed development will be standard business hours from approximately 8:00 am to 6:00 pm. Staff is recommending as part of the Development Agreement that the hours of operation for future businesses on the site be limited to the hours between 6:00 am and 10:00 pm because of the existing residential uses east of the site. Landscaping: Meridian Road is classified ae an arterial roadway; a 2S-foot wide landscape buffer is currently required adjacent to arterial roadways. Carmel Drive is classified as a local road; a 10-foot wide landscape buffer is currently requited adjacent to local/commercial roadways. There are existing residential uses to the cast and north of the site; a 25-foot wide landscape buffer is required between C-C zoned property and residential uses (UDC Table 11-2B-3), Note: The property owner to the north currently has an application in process to annex and zone the property directly to the north to a commercial zone. If this request is approved, a 2S foot wide landscape bu,~j`er along the north boundary will not be required. All landscape buffers will be required by the City with future CZC approval and shall be installed prior to issuance of Certificate of Occupancy. ~~ P~~ A small portion of this property at the northeast corner of the site along the Five Mile Creek is located within the floodway, in the AE flood zone. Because of this, arty new building on this site shall be required to receive elevation certification. Parking: For professional offices, parking stalls are currently required at the rate of one space per S00 s.f. of gross floor area (UDC 11-3C-6B). There are 43 parking stalls shown on the conceptual site plan; only 28 are required by ordinance, The p~,~,ng shown on the conceptual site plan meets and exceeds the requirements of the UDC. Certificate of Zoning Compliance: The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit from the Planning Department for all ~w construction on the subject property. A copy of the recorded cross-access easemendagreement with the property owner directly north of the site shall be submitted to Planning staff prior to CZC issuance. Development Agreement: UDC 11-5H-3D2 provides the Pd~tZ 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 proposed cross-access, staff believes that a Development Agreement is necessary to ensure that this property is developed in a fashion that is consisted witb the comprehensive plan and does not negatively impact nearby properties. if the Commission or Council feels additional development agreement reclutrements are necessary, staffrecommends a clear outline of the commitments of the developer being required, A Development Agreement (DA) will be required as part of the annexation of this property. Prior to the annexation oddinance 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 Hoyd Annexation - AZ-06-062 Pege 8 • CITY OF MERIDIAN PI.ANMNG DEPARTMENT STAFF REPORT FOR TiiE HEARII~iG DATE OF MARCH 6, 2007 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 minimum, the following: • Across-access easement to Carmel Drive shall be provided to the property owner to the north (Matthew Hartz). Prior to issuance of a Certificate of Zoning Compliance on this site, submit a recorded copy of said cross-access easement to the Planning Deparpment. • The hours of operation for future businesses on the site shall be limited to the hours between 6;00 am and 10:00 pm to reduce possible adverse impacts on the existing residences adjacent to the site. • The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit from the Planning Department for all new construction on the subject ProP~Y• • AU future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. • Any future building on the site shall substantially comply with the conceptual elevations and construction materials submitted to the City as shown in Exhibit A of the Staff Report. • The detailed site plan submitted with any CZC application on this site shall substantially comply with the conceptual site plan submitted to the City as shown in Exhibit A of the Staff Report. • The applicant. shall be responsible for all costs associated with sewer and water service installation. • No direct lot access to Meridian Road shall be allowed to this site. • Upon developmenrt of the property, a minimum 25-foot wide landscape buffer shall be constructed along N. Meridian Road. The landscape buffer shall be placed on the subject property, in accordance with the UDC standards. • Upon development of the property, a minimum 10-foot wide landscape buffer shall be constructed along Carmel Drive. The landscape buffer shall be constructed in accordance with the UDC standards. • Upon development of the property, construct a minimum 25-foot wide landscape buffer adjacent to any existing residential uses which abut this site. • Sidewalks shall be installed along N. Meridian Road and Carmel Drive. • Any new building on this site shall be required to receive elevation certification. • The applicant shall complete all required improvements prior to obtaining a Certificate of Occupancy for the proposed development. b. Staff Recommendation: $tafl'rewmmends approval of the subject application AZ-0f~062, with the Development Agreement provlsiona listed in Exhibit B of the Staff Report, for the hearing date of February .l, 2007. The Meridian Planning and Zoning Commission heard this item. on 11. EXHIBITS A. Drawings Hoyd Annacation - AZ-06-062 Page 9 • CITY OF MERIDIAN PLANNING D$PARTMpVT STAFF REPORT FOR 7HE BEARING DATE OF MARCH 6, 2007 1. Vicinity Map 2. Conceptual Site Plan 3. Conceptual Building Elevations & Construction Materials B. Agency Comments l . Planning Department 2. Fire Department 3. Police Department 4. Ada County Highway District C. Legal Description 8t Exhibit Map D. Required Findings from Unified Development Code Hoyd Anucxation - A7~06-062 Page 10 • CITY OF MERIDIAN FLANMNG pEPARTMENT STAFF REPORTFOR THE NEARING RATE OF MARCH 6, 2007 Eachibit A 1. Vicinity Map ~~~.~~ e ~~ h~ ~~ I ~ ~ ~-i P~~~ ~Ir Exhibit A • CITY OF iHF,RiDIAN P1.ANMNG DEpAR'Ilyp~T 3TAFF REPORT FOR THE Et}?ARDVG DATE OF MARCH 6, 2007 2. Conceptual Site Plata .~ .~ .~ Exhibit A cat~c oRn-r: CITY OF MERIpiAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARiNd DATE OF MARCH b, 2007 3. Conceptual Building Elcvations dt Conatntction Materials die. Front Elevation: Side Elevation: Exhibit A onstrnetien Mate~ls: The siority of th ext ~~* f.nish will hp ~:~o~_~er..o„+ ~~~~ ~ ,~. with raised • CITY OP MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE DARING DATE OF MARCH 6, 2007 Exhibit B Agency Comments 1. PI.ANNiNG DEPARTMENT 1.1 The annexation legal description submitted with the application (stamped on November 22, 2006, by Michael Marks, PLS) shows the property adjacent to the existing corporate boundary of the City of Meridian. 1.2 Prior to the annexation ordinance approval, a Development Agreeurent 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, gill Nagy, at 888- 4433 within 6 months of Council approval to initiate this process. The DA shall include, at minimum, the following: • Provide a crossaccess easement to the property owner to the north (Matthew Martz), prior to issuance of a Certificate of Zoning Compliance for any new building on the site, provide a recorded copy of said cross-access easement. • The hours of operation for future businesses on the site shall be limited to the hours between 6:00 am and 10:00 pm to reduce possible adverse impacts on the existing residences adjacent to the site. • The applicant shalt be responsible to obtain a Certificate of Zoning Compliance (CZC) permit from the Planning Department for all new construction on the subject property. • All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. • Any future building on the site shall substantially comply with the conceptual elevations and construction materials submitted to the City as shown in Exhibit A of the Staff Report. • The detailed site plan submitted with any CZC application on this site shall substantially comply with the conceptual site plan submitted to the City as shown in Exhibit A of the Staff Report. - • The applicant .shall be responsible for all costs associated with sewer and water service installation. • No direct lot access to Meridian Road shall be allowed to this site. • Upon development of the property, a minimum 2S-foot wide landscape buffer shall be constructed along N. Meridian Road. The landscape buffer shall be placed on the subject property, in accordance with the UDC standards, • Upon development of the property, a minimum 10-foot wide landscape buffer shall be constructed along Carmel Drive. The landscape buffer shall be constructed in accordance with the UDC standards. • Upon development of the property, construct a minimum 25-foot wide landscape buffer adjacent to any existing residential uses which abut this site. • Sidewalks shall be installed along N. Meridian Road and Carmel Drive. • Any new building on this site shall be required to receive elevation certification. • The applicant shall complete all required improvements prior tv obtaining a Certificate of Occupancy for the proposed development. Z. FIRE DEPARTMENT 2.1 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. 2.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR Tim HEARING DATE OF MARCii 6, 2007 s. 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 fuush grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed yr existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 2.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved tum around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 2.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. Aturn-around shall be provided at the north end of property that meets the requirements of the Fire Department. 2.5 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 2.6 Operational fire hydrants, temporary or permanent street signs and access roads with an aU weather surface are required before combustible construction is brought on site. 2.7 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 2.8 Maintain a separation of 5' from the building to the dutnpster enclosure. 2.9 Provide a Knox box entry system for the complex prior to occupancy. 2.10 Provide exterior egress lighting as required by the International Building 8c Fire Codes. 2.11 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 (1.83). a. For Group R•3 and Group U occupancies, the distance requirement shall be 600 feet (1.83 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 6U0 feet (183 m). 3. POLICE DEPARTMENT 3.1 The proposed development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. 3.2 Any interior fencing proposed along the creek shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 4. ADA COUNTY HIGHWAY DISTRICT Exhibit B • Ci1'Y ~~ ~~~ PLANNING DEPARTMENT STAFF REPORT FQR THE HEARING DATE OF MARCH 6, 2001 4.1 District policy requires 96-feet ofright-of--way on arterial roadways (Figure 72-F 1 B), This right- of-way allows for the construction of a 5-lane roadway with curb, gutter, 5-foot concrete detached sidewalks and bike lanes. 4.2 District policy requires 7-foot wide attached (or 5•foot detached) concrete sidewalk on all collector roadways and arterial roadways (7204.7.2). 4.3 District policy 7207.8 states that direct access to arterials and collectors is normally restricted. The developer shall try to use combined access points. If the developer can show that the use of a combined access point to a collector or arterial street is impractical, the District may consider direct access points. Access points forproposed developments at intersections should be located as far from the intersection as practical, and in no case closer than as illustrated on Figure 72-F4, unless a waiver for the access point has been approved by the District Commission. 4.4 Graveled driveways abutting public streets create maintenance problems due to gravel being traclaed onto the roadway, In accordance with District policy, 7207.9.1., the applicant should be required to 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. 4.5 District policy 72 F4 (1) and 72-F4 (2), requires driveways located on commercia]/industrial roadways to offset a controlled and/or uncontrolled intersection a minimum of 50-feet (measured near edge to near edge), 4.6 District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles to a maximum width of 36-feet. Most commercial driveways will be constructed as curb- cut type facilities if located on local streets. G~rrb return type driveways with 15-foot radii will be required for driveways accessing collector and arterial roadways. 4,7 Staff recommends that the applicant and/or representative schedule apre-application meeting with District Staff prior to design and submittal of a formal development application. Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING BATE OF MAR.CII 1, 2007 Eshlbh C Legal Description Bc Exhibit Map '~, ~"O~ . •HOYD PRD.PERTY~NE MERIDIAN A.PARCEL OF LANG LOCATEp IN,THE SW 1!4 OF'SECTION 6, TOINtJ$HIP 3 NORTH, RANOE•1 FART, Bi31SE MFJZIDIAIN, MERIDWN, ADA'COUNTY; IDAHO, MORE PARTICULARLY DESCRIt3~d, AS FOLI:OW$: COMNENCINQ AT A BRASS CAP MARKINt; THE'S.W CORNER QF SECTION fi, TOWNSHIP 3 NORTH, RANGE 1 E~16T, B:OiSS #AERIDIAfV, Th~NCE N 00°2$0' W A~dISTANCE OF 1004.A9 FEET Tb THE REAL, ~IN7 OF BE9INNINq; THENCE N 8i~°34'30' E A DISTiWCE OF 235.70 FEET ALONG tHE MOR?H RIGHT-OF WAY OF EAST CARMEL. DRIVE TO A ~if01NT: THENCE: 31.82 FEET ALONG THE ARC OF A (CURVE Xq THE LEFT HAVING A l3ADIllS OF S33.OOfEET, A DELTA OF 52°05'90' AND A CHORD BEPJtfNG OF N 83914e~ E A DISTANCE QF 9D•74 FEET TO A PQIIiT; TF~It{E N 97`29'00" E A D13Tg1~ OF 48,84 FEET TO A POINT~ON THE CENTERjlt11E OF FNE MILE CREEK; LEAYiNG SAS RIGHT-0F~N-AYANQ•ALTJNG THE CENTERLJNE OF FNE MILE CREEK THENCE~N :i8°14'27" W A DISTANCE OF 81.93 FEET TO A POINT: THENCE N 08°3A'p9r W A DISTANCE OF 224.11 FEET TO A PAINT; LEAV~IG:SAID GBNTERL.INE;, T1iENCE S:88'2S'12' W A DISTANCE OF 8,28 FEET TO A POINT; THENCE !;~ 00'25'3d' E A DISATNCE~f~F 84.26 FEET TO A POINT; THENCE 8 x'38'14' W A D13TAIJCE OF 197.81 FEET TO A.POIyT ON CENTEf~INE OF NORTH MERIDIAN ROAD; THENCE S QO'25'30r E A DISTANCE OF 230.26•FEET TO THE REAL P08~IT OF BEGINNING, Y ~~ _. ,,.: 4 ,. IAE~~'~ PSG Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE FIEARING DATE OF MARCH 7 , 2007 EXHIBIT "A" ~~ ~R~~ ., . ~:, . Meawwt+ Ptieuc WCRKS CFRT I 1 ~ y~ ~K 4~ I `~ ~ ~~x I$I~ ~nxm~4o siee~sz cARMiz b~v~ ~S+aW01g0 i01a0a11D10 ~~ ' ~'~° f ~x RiR Ti R1G at y sn v CREAKY LANE. y r. r R Jf~ H~YD PROPERTY tOCAfiED IN 5E0•T10'N @•, 7.3• N., R.1 E, B.M. MIFRIDAIN, ~ADA GOUNTY, IDAHO OATS; •.11 / 15/08 'SCALE .. •i'=10p' .VD, Exhibit C a~ • CITY OF MERIDIAN PLANNING DEPARTIr+IENT STAFF REPORT FOR THE HEARING DATE OF MARCH I, 2007 D. Required F~ndinga 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 fmdings: 1. The map amendment complies with the appUcable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to C-C. The City Council finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Canaprehensive Plan Policies and Goals, Section 8, of the Staff Report for more information. 2. The map amendment complies with the regnlations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed professional offices would be permitted uses within the requested C-C zone and would assist in providing service needs of the community. As mentioned previously, the applicant has submitted a conceptual development plea for this site. A detailed plan will be submitted with the CZC application. The City Council fords that future development of this property should comply with the established regulations and purpose statement of the C-C ions. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely vn any oral or written testimony that maybe provided when determining this finding, 4. The map smendmettt shall not result in as 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. 5. The annexatiop is in the best of interest of the City (UDC 11-SB-3.E). The City 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 City Council finds that Annexation and Zoning of this property to C-C 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. Exhibit D April 27, 2007 MERIDIAN CITY COUNCIL MEETING May 1, 2007 APPLICANT ITEM NO. S-.I REQUEST Approve New Beer 8~ Wine License Applications for Pinnacle Coffee, LLC dba Tvlly's Coffee at 3340 Norfh Eagle Road AGENCY COMMENTS CITY CLERK: See aBached 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: Matertats preaenhd of public meaflnpa shall become properly of tho City of Meridian. • • Meridian City Council May 1, 2007 Page 4 of 19 err, ~J~ Approve New Beer and. Wine License Applications for Pinnacle Coffee, LLC dba Tully's Coffee at 3340 North Eagle Road: K. Approve New Beer and Liquor Licenses for Bobby Showers dba Muggsy's at 501 South Main Street: L. Approve Beer License Transfer from Rocky Mountain Pizza Huts, Inc. to NPC International, Inc. for Pizza Hut at 1752 West Cherry Lane: M. Approve Beer License Transfer from Rocky Mountain Pizza Huts, .Inc. to NPC International, Inc. for Pizza Hut at 675 South Progress Avenue.: N. Approve Beer License Renewals for Pizza Hut at 1752 West Cherry Lane and 675 South Progress Avenue: O. Approval of Award of RFP #IT 07-001 Storage Area Network Solution: P. Approve Contract for the Biosolids SCADA Prograrnminq with DC Engineering, Inc. for $81,500: Q. Approve Contract for the Effluent Line Foam Evaluation with Brown and Caldwell, Inc. for $8,600: R. ,Agreement for Professional Services with Parametrix for design of water and sewer improvements in conjunction with ACRD intersection of Meridian and McMillan Project not to exceed $11,000: S. Ratification of Agreement with Aqua Aerobic System, Inc. in the amount of $719,007.00: T. Approval of Contracts for Phase II of City Hall Project Packages 1-11 for a total Not to Exceed Amount of $5,836,369.35: MJ's Backhoe $ 610,314.00 Sidewalks, LLC $ 655,595.35 TMC, Inc. $1,584,760.00 Rule Steel $1,847,000.00 Architectural Building Supply $ 7,820.00 American Walkover $ 363,287.00 Custom Glass $ 295,321.00 Western Roofing $ 182,990.00 Meridian City Council May 1, 2007 Page 5 of 19 Schindler Elevator Seal Co. De Weerd: Okay. Item 5 is the Consent Agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. • $ 222,100.00 $ 67,182.00 Zaremba: I move that we accept the Consent Agenda and there is something else that goes with that, something like Mayor to attest and sign -- what is the proper wording for that? Oh. The Mayor to sign and the Clerk to attest. De Weerd: Okay. Do I have a second? Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. 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. Finance /Purchasing Department: 1. Approval of Award of RFP #PW-07-002 Large Format Multifunctioning Color Printing, Copying, and Scanning Solution.: De Weerd: Thank you. Okay. Item 6 under Department Reports. We have a finance purchasing department report. We have Keith Watts with us here tonight. Watts: Good evening, Madam Mayor, Council Members. I have an award for a large format printer for the Public Works Department that was a little out of the ordinary, so I wanted to come before you and explain the circumstances. We went out for an RFP on April 11th. We sent the RFP out to three different vendors and only one responded by the due date of the 19th of April. I then phoned the other two vendors to just inquire as to why they didn't propose and one of them simply didn't have the time and didn't think he had something that would fit our needs. And the other vendor indicated that he had not received the RFP. When we sent it out, we sent it out via a-mail at the same time to everyone. I had Bruce Freckleton from the Public Work Department in my office and we Aprii 27, 2007 • MERIDIAN CITY COUNCIL MEETING May 1, 2007 APPLICANT ITEM NO. S-K REQUEST Approve New Beer 8~ Liquor Licenses for Bobby Showers dba Muggsy's at 501 South Main Street AGENCY COMMENTS CITY CLERK: Soy attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials pr~a~hted at public maeflny: shah boeome properly of the City of Meridian. ~_ Meridian City Council May 1, 2007 Page 4 of 19 J. Approve New Beer and Wine License Applications for Pinnacle Coffee, LLC dba Tully's Coffee at 3340 North Eagle Road: K\~ Approve New Beer and LIQUOr Licenses for Bobby Showers dba Muggsv's at 501 South Main Street: L. Approve Beer License Transfer from Rocky Mountain Pizza Huts, Inc. to NPC International, Inc. for Pizza Hut at 1752 West Cherry Lane.: M. Approve Beer License Transfer from Rocky Mountain Pizza Huts, Inc. to NPC International, Inc. for Pizza Hut at 675 South Progress Avenue: N. Approve Beer License Renewals for Pizza Hut at 1752 West Cherry Lane and 675 South Progress Avenue: O. Approval of Award of RFP #IT 07-001 Storage Area Network Solution: P. Approve Contract for the Biosolids SCADA Programming with DC Engineering, Inc. for $81,500; Q. Approve Contract for the Effluent Line Foam Evaluation with Brown and Caldwell. Inc. for $8,600: R. Agreement for Professional Services with Parametrix for design of water and sewer improvements in conjunction with ACHD intersection of Meridian and McMillan Project not to exceed $11,000: S. Ratification of Agreement with Agua Aerobic System Inc. in the amount of $719,007.00: T. Approval of Contracts for Phase Packages 1-11 for a total Not $5,836,369.35: MJ's Backhoe Sidewalks, LLC TMC, Inc. Rule Steel Architectural Building Supply American Wallcover Custom Glass Western Roofing II of City Hall Project to Exceed Amount of $ 610,314.00 $ 655,595.35 $1,584,760.00 $1,847,000.00 $ 7,820.00 $ 363,287.00 $ 295,321.00 $ 182,990.00 ~_ Meridian City Council May 1, 2007 Page 5 of 19 Schindler Elevator Seal Co. De Weerd.: Okay. Item 5 is the Consent Agenda. Zaremba: Madam Mayor? De Weerd.: Mr. Zaremba. $ 222,100.00 $ 67,182.00 Zaremba: I move that we accept the Consent Agenda and there is something else that goes with that, something like Mayor to attest and sign -- what is the proper wording for that? Oh. The Mayor to sign and the Clerk to attest. De Weerd: Okay. Do I have a second? Rountree.: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. 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. Finance /Purchasing Department: 1. Approval of Award of RFP #PW-07-002 Large Format Multifunctioning Color Printing, Copying, and Scanning Solution: De Weerd.: Thank you. Okay. Item 6 under Department Reports. We have a finance purchasing department report. We have Keith Watts with us here tonight. Watts: Good evening, Madam Mayor, Council Members. I have an award for a large format printer for the Public Works Department that was a little out of the ordinary, so I wanted to come before you and explain the circumstances. We went out for an RFP on April 11th. We sent the RFP out to three different vendors and only one responded by the due date of the 19th of April. I then phoned the other two vendors to just inquire as to why they didn't propose and one of them simply didn't have the time and didn't think he had something that would fit our needs. And the other vendor indicated that he had not received the RFP. When we sent it out, we sent it out via a-mail at the same time to everyone. I had Bruce Freckleton from the Public Work Department in my office and we • April 27, 2007 • MERIDIAN CITY COUNCIL MEETING May 1, 2007 APPLICANT ITEM NO. 5-L REQUEST Approve Beer License Transfer from Rocky Mountain Piao Huts, Inc. to NPC International, Inc. for Piaa Hut at 1752 West Cherry Lane 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 meetlnas shall become property of the Clfy of Meridian: • • Meridian City Council May 1, 2007 Page 4 of t9 J. Approve New Beer and Wine License Applications for Pinnacle Coffee, LLC dba Tully's Coffee at 3340 North Eagle Road: K. Approve New Beer and Liquor L'ocenses for Bobby Showers dba MuggSY'S at 501 South Main Street: ~~ Approve Beer License Transfer from Rocky Mountain Pizza Huts, Inc. to NPC International, Inc. for Pizza Hut at 1752 West Cherry Lane: M. Approve Beer License Transfer from Rocky Mountain Pizza Huts, Inc. to NPC International, Inc. for Pizza Hut at 675 South Progress Avenue: N. Approve Beer License Renewals for Pizza Hut at 1752 West Cherry Lane and 675 South Progress Avenue: O. Approval of Award of RFP #IT 07-001 Storage Area Network Solution: P. Approve Contract for the Biosolids SCADA Programming with DC Engineering, Inc. for $81,500: (~. Approve Contract for the Effluent Line Foam Evaluation with Brown and Caldwell.. Inc. for $8,600: R. Agreement for Professional Services with Parametrix for design of water and sewer improvements in conjunction with ACRD intersection of Meridian and McMillan Project not to exceed $11,000: S. Ratification of Agreement with Aqua Aerobic System Inc. in the amount of $719,007.00: T. Approval of Contracts for Phase Packages 1-11 for a total Not $5,836,369.35: MJ's Backhoe Sidewalks, LLC TMC, Inc. Rule Steel Architectural Building Supply American Wallcover Custom Glass Western Roofing II of City Hall Project to Exceed Amount of $ 610,314.00 $ 655,595.35 $1 ,584,760.00 $1 ,847,000.00 $ 7,820..00 $ 363,287.00 $ 295,321.00 $ 182,990.00 Meridian City Council May 1, 2007 Page 5 of 19 l J Schindler Elevator $ 222,100.00 Seal Co. $ 67,182.00 De Weerd: Okay. Item 5 is the Consent Agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move that we accept the Consent Agenda and there is something else that goes with that, something like Mayor to attest and sign -- what is the proper wording for that? Oh. The Mayor to sign and the Clerk to attest. De Weerd: Okay. Do I have a second? Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. 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. Finance /Purchasing Department: 1. Approval of Award of RFP #PW-07-002 Large Format Multifunctioning Color Printing, Copying, and Scanning Solution: De Weerd: Thank you. Okay. Item 6 under Department Reports. We have a finance purchasing department report. We have Keith Watts with us here tonight. Watts: Good evening, Madam Mayor, Council Members. I have an award for a large format printer for the Public Works Department that was a little out of the ordinary, so I wanted to come before you and explain the circumstances. We went out for an RFP on April 11th.. We sent the RFP out to three different vendors and only one responded by the due date of the 19th of April. I then phoned the other two vendors to just inquire as to why they didn't propose and one of them simply didn't have the time and didn't think he had something that would fit our needs. And the other vendor indicated. that he had not received the RFP. When we sent it out, we sent it out via a-mail at the same time to everyone. I had Bruce Freckleton from the Public Work Department in my office and we • April 27.2007 MERIDIAN CITY COUNCIL MEETING May 1, 2007 APPLICANT ITEM NO. 5-M REQUEST Approve Beer License Transfer from Rocky Mountain Piaa Huts, Inc. to NPC International, Inc, for Piaa Hut at 675 South Progress Avenue AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Da#e: Phone: Emaiied: Staff Initials: Matartals presented at public meotinys ahatl become property of the Cffy of MQridlan. • • Meridian City Council May 1, 2007 Page 4 of 19 J. Approve New Beer and Wine License Applications for Pinnacle Coffee, LLC dba Tully's Coffee at 3340 North Eagle Road: K. Approve New Beer and Liquor Licenses for Bobbv Showers dba Muggsy's at 501 South Main Street: L. Auurove Beer License Transfer from Rocky Mountain Pizza Huts,. Inc. to NPC International, Inc. for Pizza Hut at 1752 West Cherry Lane: ,~. Approve Beer License Transfer from Rocky Mountain Pizza Huts, Inc. to NPC International, Inc. for Pizza Hut at 675 South Progress Avenue: N. Approve Beer License Renewals for Pizza Hut at 1752 West Cherry Lane and 675 South Progress Avenue.: O. Approval of Award of RFP #IT 07-001 Storage Area Network Solution: P. Approve Contract for the Biosolids SCADA Programming with DC Engineering, Inc. for $81,500: Q. Approve Contract for the Effluent Line Foam Evaluation with Brown and Caldwell, Inc. for $8,600: R. Agreement for Professional Services with Parametrix for design of water and sewer improvements in conjunction with ACRD intersection of Meridian and McMillan Project not to exceed $11,000: S. Ratification of Agreement with Aqua Aerobic System, Inc. in the amount of $719,007.00: T. Approval of Contracts for Phase II of City Hall Project Packages 1-11 for a total Not to Exceed Amount of $5,836,369.35: MJ's Backhoe $ 610,314.00 Sidewalks, LLC $ 655,595.35 TMC, Inc.. $1 ,584,760.00 Rule Steel $1 ,847,000.00 Architectural Building Supply $ 7,820.00 American Wallcover $ 363,287.00 Custom Glass $ 295,321.00 Western Roofing $ 182,990.00 Meridian City Council May 1, 2007 Page 5 of 19 Schindler Elevator Seal Co. De Weerd.: Okay. Item 5 is the Consent Agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. • $ 222,100.00 $ 67,182.00 Zaremba: I move that we accept the Consent Agenda and there is something else that goes with that, something like Mayor to attest and sign -- what is the proper wording for that? Oh. The Mayor to sign and the Clerk to attest. De Weerd: Okay. Do I have a second? Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. 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. Finance /Purchasing Department: 1. Approval of Award of RFP #PW-07-.002 Large Format Multifunctioning Color Printing, Copying, and Scanning Solution: De Weerd..: Thank you. Okay. Item 6 under Department Reports. We have a finance purchasing department report. We have Keith Watts with us here tonight. Watts: Good evening, Madam Mayor, Council Members. I have an award for a large format printer for the Public Works Department that was a little out of the ordinary, so I wanted to come before you and explain the circumstances. We went out for an RFP on April 11th. We sent the RFP out to three different vendors and only one responded by the due date of the 19th of April. I then phoned the other two vendors to just inquire as to why they didn't propose and one of them simply didn't have the time and didn't think he had something that would fit our needs. And the other vendor indicated that he had not received the RFP. When we sent it out, we sent it out via a-mail at the same time to everyone. I had Bruce Freckleton from the Public Work Department in my office and we • April 27, 2007 MERIDIAN CITY COUNCIL MEETING May ~ , 2007 APPLICANT ITEM NO. S-N REQUEST Approve Beer License Renewals for Pirza Hut at 1752 West Cherry Lane and 675South Progress avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Matertala presented at public meeflnpa shaft become property of the City of Meridian. Meridian City Council May 1, 2007 Page 4 of 19 J. Approve New Beer and Wine License Applications for Pinnacle Coffee, LLC dba Tully's Coffee at 3340 North Eagle Road: K. Approve New Beer and Liquor Licenses for Bobby Showers dba Muggsy's at 501 South Main Street: L. Approve Beer License Transfer from Rocky Mountain Pizza Huts, Inc. to NPC International, Inc. for Pizza Hut at 1752 West Cherry Lane: M. Approve Beer License Transfer from Rockv Mountain Pizza Huts, Inc. to NPC International, Inc. for Pizza Hut at 675 South Progress Avenue: ~~, Approve Beer License Renewals for Pizza Hut at 1752 West Cherry Lane and 675 South Progress Avenue: O. Approval of Award of RFP #IT 07-OD1 Storage Area Network Solution• P. Approve Contract for the Biosolids SCADA Programming with DC Engineering, Inc. for $81,500: Q. Approve Contract for the Effluent Line Foam Evaluation with Brown and Caldwell, Inc. for $8,600: R. Agreement for Professional Services with Parametrix for design of water and sewer improvements in conjunction with ACRD intersection of Meridian and McMillan Project not to exceed $11,000: S. Ratification of Agreement with Aqua Aerobic System, Inc. in the amount of $719,007.00: T. Approval of Contracts for Phase Packages 1-11 for a total Not $5,836,369.35: MJ's Backhoe Sidewalks, LLC TMC, Inc. Rule Steel Architectural Building Supply American Wallcover Custom Glass Western Roofing II of City Hall Project to Exceed Amount of $ 610,314.00 $ 655,595.35 $1 ,584,760.00 $1 ,847,000.00 7,820.00 $ 363,287.00 $ 295,321.00 $ 182,990.00 Meridian City Council May 1, 2007 Page 5 of T9 • Schindler Elevator Seal Co. De Weerd.: Okay. Item 5 is the Consent Agenda. Zaremba: Madam Mayor? De Weerd.: Mr. Zaremba. :7 $ 222,100.00 $ 67,182.00 Zaremba: I move that we accept the Consent Agenda and there is something else that goes with that, something like Mayor to attest and sign -- what is the proper wording for that? Oh. The Mayor to sign and the Clerk to attest. De Weerd: Okay. Do I have a second? Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. If there is no discussion, Mr. Berg, will you., please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRPED: ALL AYES. Item 6: Department Reports: A. Finance /Purchasing Department: 1. Approval of Award of RFP #PW-07-002 Large Format Multifunctioning Color Printing, Copying, and Scanning Solution: De Weerd: Thank you. Okay. Item 6 under Department Reports. We have a finance purchasing department report. We have Keith Watts with us here tonight. Watts: Good evening, Madam Mayor, Council Members. I have an award for a large format printer for the Public Works Department that was a little out of the ordinary, so I wanted to come before you and explain the circumstances. We went out for an RFP on April 11th. We sent the RFP out to three different vendors and only one responded by the due date of the 19th of April. I then phoned the other two vendors to just inquire as to why they didn't propose and one of them simply didn't have the time and didn't think he had something that would fit our needs. And the other vendor indicated that he had not received the RFP. When we sent it out, we sent it out via a-mail at the same time to everyone. I had Bruce Freckleton from the Public Work Department in my office and we • April 27, 2007 MERIDIAN CITY COUNCIL MEETING May 1, 2007 APPLICANT ITEM NO. S-O REQUEST Approval of Award of RFP #IT 07-001 Storage Area Network Solution AGENCY COMMENTS CITY CLERK: Se© aMach~d 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: INTERMOllNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Mat~ttals preaenNd at public mee8npa ahail become prop~cty of 1ho City of M~ridicm. RECEIVED APR 2 6 2007 Memo To: Will Berg, City Clerk, Sharon Smith & City Council From: Keith Watts, Purchasing Agent CC: Terry Paternoster, Stacy Kilchenmann Date: 4/25/07 Re: May 1 City Council Meeting Agenda Item City Of Meridian City Clerk Office The Purchasing Department respectfully requests that the following item be placed on the May 1 City Council Consent Agenda for Council's consideration. Approval of Award of RFP #IT-07-001 Storage Area Network Solution. The RFP was issued to 6 vendors on March 26, 2007. Four proposals were received by the Due Date of April 11, 2007. One proposal was deemed to be non responsive and the IT staff evaluated the remaining 3. Right Systems Inc. was the top ,ranked provider. Recommended Council Action: Approval of award of the RFP to Right Systems, Inc. for the Not-To-Exceed amount of $)OOOOQO(X, and authorize the Purchasing Agent to issue and sign a Purchase Order. Thank you for your consideration. • Page 1 • April 27, 2007 MERIDIAN CITY COUNCIL MEETING May i , 2007 APPLICANT ITEM NO. ~ ~~'~ REQUEST Approve Contract for the Biosolids SCADA Programming with DC Engineering, Inc. for $81,500 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: COMMENTS See attached 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: Matertais presented at pubAc meetings shah become proporty of the Cfty of Merfdipn. City of Mer idi an . Publ ic Wor ks De pt. Memo • RECEI~TD APR 2 6 2007 City Of 1Vlericlian City Clerk Ofl?ce To: William Berg, Jr.; Tara Green From: Clint Dolsby, P.E., Staff Engineer CC: Len Grady, P.E., City Engineer Date: 04/26/2007 Re: Proposed Agenda Item for May 1, 2007 City Council Meeting The Public Works Department respectfully requests the following items be placed on the May 1 City Council agenda, under Consent Agenda, for Council's consideration: ~osolids SCADA Programming. DC Engineering, Inc has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $81,500. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 12~' of December, 2006 for the Engineering Services for Miscellaneous Wastewater Projects. This project provides engineering services for the programming of the PLC, WonderWare, and SQL server to support the Biosolids Improvements Phase of construction at the wastewater treatment plant, the chemical feed system and the Aquadiamond filter upgrade. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Biosolids SCADA Programming with DC Engineering, Inc for $81.,500 and authorize the Mayor to sign it. Effluent Line Foam. Evaluation. Brown and Caldwell has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $8,600. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 12~' of December, 2006 for the Engineering Services for Miscellaneous Wastewater Projects. This project provides engineering services for the evaluation of alternatives to mitigate the potential presence of foam in the wastewater treatment plant outfall area. • Page 1 Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Effluent Line Foam Evaluation with Brown and Caldwell, Inc for $8,600 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page 2 • ~~ ENG/NEER/NG Apri123, 2007 Mr. Len Grady City of Meridian Public Works 660 E Water Tower Suite 200 Meridian, ID 83642 440 E. Corporate Drive Suite 103 Meridian, Idaho 83642 Phone: 208.288.2181 Fax: 208.288.2182 Subject: Meridian Waste Water Treatment Plant- Bio Solids SCADA Programming. Mr. Grady, Thank you very much for the opportunity to propose on the Bio Solids SCADA Programming project for the City of Meridian Waste Water Treatment Plant. The following is our proposed Scope of Service based on the information that you have provided to us. Project Understanding We understand that this project will include the programming ofthe PLC, WonderWare and SQL Server to support the Bio Solids phase of the Meridian Waste Water Treatment Plant upgrade. Programming will be completed as described on the P&ID's that were developed during the design phase of this project. Also included in this project is programming for the chemical feed and filter #3 projects. Services Provided • Meet with plant staff to determine SCADA screen requirements. • ~ Coordinate PLC interface with new equipment suppliers. • Complete the PLC programming as required. • Factory Acceptance test of the PLC and Remote UO Panels as required. • Complete the WonderWare,and SQL Server programming. • Commissioning of each the new equipment as construction is completed. • Provide SCADA training for plant staff upon completion of project. Deliverables • Electronic copies of all PLC and WonderWare programs used for the project. • Hard copies of all PLC programs used for the project. Fee Services for Task Order No. 2 shall be completed under the conditions contained in the Master Services Agreement between the City and DC Engineering dated January, 2007. The project will be completed on a time and material basis not to exceed $81,500.00 (Eighty Chte Thousand Five Hundred Dollars). • DC Engineering • Services will be billed per our standard rate of compensation as follows: • Principal Engineer, PE: $95 per hour • Project Manager: $90 per hour • Programmer: $85 per hour • Engineer: $85 per hour • Designer: $75 per hour • Drafting: $60 per hour • Clerical: $45 per hour • Reimbursable expenses will be billed at cost plus 10 percent. (For example: reproduction drawings, shipping expenses, etcetera.) Thank you again for the opportunity to work with you. If you have any questions, or require additional information, please do not hesitate to ask. Sincerely, Accepted by: DC ENGII[NEERn\\vG, P.C. ~,onL ry~~1L~°~ Lane Huddleston Owner CITY OF MERIDIAN By: Name: Tammy De Weerd, Mayor Approved by City Council: [CORPORATE SEAL] • Printed Name Title Date 2 DC Engineering • Attest William G. Berg, Jr. City Clerk Address for giving notices 33 East Idaho Ave. Meridian, ID 83642 • DC Engineering • • April 27, 2007 MERIDIAN CITY COUNCIL MEETING May 1, 2007 APPLICANT ITEM NO. S-Q REQUEST Approve Contract for the Effluent Line Foam Evaluation with Brown and Caldwell, Inc. for $8,600 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meotinps shall become proporfy of fhe City of Meridian. • • E CIS APR 2 6 2001 City Of Ii~Ieridian City Clerk Office Memo To: William Berg, Jr.; Tara Green From: Clint Dolsby, P.E., Staff Engineer CC: Len Grady, P.E., City Engineer Date: 04/26/2007 Re: Proposed Agenda Item for May 1, 2007 City Council Meeting The Public Works Department respectfully requests the following items be placed on the May 1 City Council agenda, under Consent Agenda, for Council's consideration: Biosolids SCADA Programmin4. DC Engineering, Inc has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $81,500. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 12"' of December, 2006 for the Engineering Services for Miscellaneous Wastewater Projects. This .project provides engineering services for the programming of the PLC, WonderWare, and SQL server to support the Biosolids Improvements Phase of construction at the wastewater treatment plant, the chemical feed system and the Aquadiamond filter upgrade. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Biosolids SCADA Programming with DC Engineering, Inc for $81,500 and authorize the Mayor to sign it. Effluent Line Foam Evaluation. Brown and Caldwell has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $8,600. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 12"' of December, 2006 for the Engineering Services for Miscellaneous Wastewater Projects. This project provides engineering services for the evaluation of alternatives to mitigate the potential presence of foam in the wastewater treatment plant outfall area. • Page 1 Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Effluent Line Foam Evaluation with Brown and Caldwell, Inc for $8,600 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page 2 River Run Ce1llR' • 600 Easr Riverpark Lane, Suire 210 Boise, ID 83706 Tel: (208) 336-1340 Fax: (208)344-0825 April 23, 2007 :~~ i Dear Mr. Dolsby: - ~~~ Mr. Clint Dolsby City of Meridian Public Works Department 660 East Watertower, Suite 200 Meridian, Idaho 83642 54-0151364-006-003 Subject: Proposal for Effluent Line Foam Reduction Evaluation City of Meridian Wastewater Treatment Facility Recently, the City of Meridian (City) has been experiencing foaming issues in the outfall to Five Mile Creek from the City's Wastewater Treatment Plant (WWTP). At the City's request, Brown and Caldwell developed the following Scope of Work (SOW) to provide an evaluation of potential alternatives to mitigate the foam accumulation at the WWTP outfall. BACKGROUND Brown and Caldwell is currently assisting the City with the design and installation of a flow metering device that will quarrtify flows in the Five Mile Creek which receives the City's treated effluent. During recent site visits to perform this work, foaming issues were noted in the creek. City staff has been aware of the problem and would like to address the issue since the City's National Pollutant Discharge Elimination System (NPDES) Permit states that WWTP effluent can have only a "trace" of foam. Historically, foaming is a result of cascading flows typically located after ultraviolet (UV) disinfection. The City has two locations of cascading flow after UV disinfection that could be a source of the foam. SCOPE OF WORK Brown and Caldwell proposes to perform an evaluation of potential alternatives to mitigate the presence of foam in the WWTP outfall. A final report will be conducted at the conclusion of this effort. p:\wp\proposals\fy07\municipal\051364 meridian-foam\foam reduction sow 4-23-07.doc E n v i r o n m e n t a l E n g i n e e r s d' C n n s u/ t a n t s • Mr. Clint Dolsby Apri123, 2007 Page 2 PROJECT MANAGEMENT This task will provide project management for the evaluation. Tasks associated with project management include coordination of any workshops and/or meetings, tracking of schedule and budget, staff resource management, and the development and approval of project invoices. SITE VISIT Prior to developing and evaluating any foam mitigation alternatives, Brown and Caldwell will conduct a site visit of the WWTP focused on the process treatment train after UV disinfection. The site visit will serve to clearly identify the source of the foaming and therefore, narrow the number of potential alternatives for further evaluation. DEVELOPMENTAND EVALUATION OF FOAM MITIGATIONALTERNATIVES Based on information gathered during the site visit, this task will focus on the development and' evaluation of foam mitigation alternatives to address foaming issues. Brown and Caldwell will evaluate up to three alternatives using a Business Case Evaluation (BCE) methodology that compares potential alternatives on a life-cycle cost basis that includes cost associated with risk and other factors. The life-cycle costs will include a 20-year net present value evaluation. DRAFT AND FINAL ALTERNATIVES ANALYSIS REPORT Brown and Caldwell will complete Draft and Final Alternatives Analysis reports that will provide recommendations on how the City should proceed in addressing the foaming issue. The draft report will be submitted to the City for a single round of review and comment. Brown and Caldwell will then respond to the City comments and develop the final report. It is possible that through the evaluations and potential pilot testing, foatning issues could be remedied without going through a final engineering phase. If the study results confirm this to be the case, the City could simply initiate a repair and replacement contract to make necessary WWTP modifications without a final engineering phase. Utilizing this approach, many of the repairs could potentially be performed during the 2007 fiscal year. SCHEDULE AND FEE This work can commence immediately and will be completed within 60 days of the notice to proceed. Brown and Caldwell proposes conducting this work on a time-and-materials basis with a multiplier of 3.2 applied to our direct labor rates and a 10% mark-up on materials and supplies used as part of this effort. Brown and Caldwell will initiate the project upon your approval to proceed. Cost to perform this work is not to exceed $8,600. p:\wp\proposals\fy07\municipal\051364 meridian-foam\toam reduction sow 4-23-07.doc C' Mr. Clint Dolsby Apri123, 2007 Page 3 For your convenience, we have prepared this proposal in the form of a Letter Agreement to be performed under the Master Agreement dated November 28, 2006. Should you desire to begin this work immediately, please sign both copies of this Letter Agreement Proposal and return one copy to 600 East Riverpark Lane, Suite 210, Boise, Idaho 83706. The other copy is for your files. Any questions concerning this proposal should be directed to Mr. Dean Smith at (208) 336-1340. Very truly yours, BROWN AND CALDWELL ark E. Gagno , P G. Office Manager Dean P. Smith, P.E. Principal Engineer MEG:kw Attachments ACCEPTED BY THE CITY OF MERIDIAN By: Tammy de Weerd, Mayor Attest: William G. Berg, Jr. City Clerk Approved by City Council: Date: p:\wp\proposals\fy07\municipal\051364 meridian-foamUoam reduction sow 4-23-07.doc ! • April 27, 2007 MERIDIAN CITY COUNCIL MEETING May 1, 2007 APPLICANT ITEM NO. 5-R REQUEST Agreement for Professional Services with Parametrix for design of water and sewer improvements in conjunction with ACRD intersection of Meridian 8~ McMillan Project not to exceed $11,r~0 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: Mdtsrials present®d at public moeNnps shall bscom~ property of the City of Merldlan. RECEI~IED APR 2 6 2007 Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer CC: File Date: 4/26/07 Re: Proposed Agenda Item for May 1 City Council Meeting City Of Meridian City Clerk Office The Public Works Department respectfully requests the following item be placed on the May 1 City Council agenda, under Consent Agenda, for Council's consideration: Agreement for Professional Services. with Parametrix for design of water and sewer improvements in conjunction with ACHD Intersection of Meridian and McMillan Project. This agreement is for providing the service of design of water main, adjustment of valve boxes to new grades, coordination with property owners for new services, and design of new services. The services will be provided on a time and materials basis with a not to exceed amount of $11,000. Recommended Council Action: The Public Works Department recommends that City Council approves the Agreement for Professional Services with Parametrix for design of water and sewer improvements in conjunction with ACHD Intersection of Meridian and McMillan Project for a cost not to exceed $11.,000. Thank you for your consideration. Please contact me if you have any questions regarding this item. • Page 1 • City of Mer idi an Publ ic Wor ks De pt. Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer ~~ CC: File Date• 5/21 /07 ~.~ ~PA~' 12 2007 City pi'~eridi City Clerk ®¢~arx Re: Agreement for Professional Services with Parametrix for design of water and sewer improvements associated with the ACHD Intersection of Meridian and McMillan project Attached is the original above referenced agreement for your files. • Page 1 • • TASK ORDER NO. 0672 CITY OF MERIDIAN (OWNER) AND PARAMETRIX (ENGINEER) This Task Order is issued by Owner and accepted by the Engineer pursuant to the mutual promises, covenants and conditions contained in the Agreement between the above named parties dated March 1, 2007. CITY OF MERIDIAN Water and Sewer Improvements in Conjunction with Road Improvements at Intersection of Meridian and McMillan Road PURPOSE The Engineer's scope of services, time of completion and compensation shall be as set forth herein. Services shall generally be described as Engineering Consulting Services. TASK 0672 -WATER SYSTEM IMPROVEMENTS The following is a detailed scope of work to provide professional services for design of water and sewer improvements to be constructed in conjunction with roadway improvements for the Meridian Road / McMillan Road Intersection Improvements Project. The professional services required are to prepare plans, bid schedule, special provisions and cost estimate to construct potable water and sanitary sewer improvements on Meridian Road and McMillan Road as part of Brighton Corporation's Meridian Road / McMillan Road Intersection Improvements Project. The anticipated design elements include the following: A. WATER SYSTEM IMPROVEMENTS Design and provide plans to install approximately 600 LF of new 16"0 water main in McMillan Road. The water main installation will begin with a connection to the existing 16" 0 main at the northwest corner of the McMillan Road /Meridian Road intersection and will terminate with a blow-off assembly approximately 600 l_F west of the intersection in McMillan Road at the project limits. 2. Contact property owners of approximately 3 to 4 parcels to determine whether they would like the City to install water service lines to service their property. Determine size and location of water line service stubs for up to 4 parcels and show on the project plans. • 3. Secure contracts with approximately 4 property owners to pay for service stubs prior to construction. 4. Secure permanent construction easements from approximately 4 property owners to cover the work associated with the construction of the service stubs. Legal descriptions will not be prepared for each permanent easement under this scope of work. 5. Adjust approximately 10 existing valve boxes to grade and 2 blow-offs. 6. Adjust water mains and water services or upgrade crossing pipes where conflicts exist with new storm drain or irrigation pipes. 7. Assist in developing a Joint Effort Agreement between the City of Meridian and Brighton Corporation which will allow the City to pay for all water improvements required for the project except for the 16" 0, 600 LF water main extension. 8. Assist in developing a Joint Effort Agreement between the City of Meridian, Brighton Corporation and the Amber Creek Subdivision Developer which will allow the Amber Creek Subdivision Developer to pay for the construction costs associated with the 16" 0, 600 LF water main installation and improvements portion of the project. 9. Prepare special provisions, opinion of probable construction cost and a bid schedule. Parametrix will send a letter to each property owner with ground adjacent to the project that is not currently served by city services. The letter will advise them of the project, advise them the City will install a service stub to their property at their request, and advise them of the estimated costs that will be charged to them before construction of the stub. Where possible all proposed utility improvements will be designed within the proposed right-of-way limits or existing utility easements granted to the Ada County Highway District (ACRD). Where adequate right-of-way or easements do not exist we will prepare temporary and permanent construction easements to cover the utility improvements. Where adequate right-of-way exists all proposed utility service stubs will be designed to end one foot short of the proposed right-of-way line so that the service extends outside the roadway prism for future connection. Parametrix will submit the plans to the City of Meridian, ACHD, DEQ and the Developer for review and approval prior to construction. For the parcels requiring easements each property owner will receive the required easement forms for execution. All water system improvements will be limited to within the project limits of the Brighton Corporation's Meridian Road / McMillan Road Intersection Improvements Project. No additional topographic survey will be required to complete this scope of work. The water system improvements will be included in the plan set for the Meridian Road / McMillan Road Intersection Improvements Project. The water system improvements portion of this package will include a separate City of Meridian General Notes sheet, modifications to the plan and profile sheets and two (2) City of Meridian Standard Detail sheets. The total sheet set is anticipated to include 23 sheets. Two (2) sets of 20-scale plans will be provided to the City during the Final Design review and will match the Brighton Corporation's Meridian Road / McMillan Road Intersection Improvements Project plans. Three (3) 20-scale plan sets will be submitted to the City upon approval of the project by DEQ and the City. We will also submit all design and construction plans in electronic format to the City if requested. We propose to provide the Design Services as outlined above on a time and materials basis with a not to exceed amount of $11,000.00.. Construction services are not included under this scope of services. CITY OF MERIDIAN BY: ~ TAMMY d WEERD, MAYOR Attest WILLIAM G. BERG, Jl~!, CI BY: Do g ,~ ~ ~ ,; ~° ~, d -. ~~~~ C~ER ~ EN~FN~ER nisch, ~ • April 27, 2007 MERIDIAN CITY COUNCIL MEETING May 1, 2007 APPLICANT ITEM NO. 5°S REQUEST Ratification of Agreemetn with Aqua Aerobic System, Inc. in the amount of $719,007.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See aMcched 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: Materlala presented at public meeflnpa shall become properly of the City of Meridian. U iZE~EYFa~EI? 'APR ~ s 200 Memo To: Mayor De Weerc! & City Counai Fronts Brad Watson, P.E. CCe File, Len Grady, City Clerk, Finance (Keith W.) Daibe: 4/26/06 Re: May 1 City Counal Meeting Agenda items City ®f Meric3iaxi City Clerk ®ffice The Public Works Department respectfully requests that the following item be placed on the May 1 City Council Consent Agenda for Council's consideration. Ratification. of Acrreernent with Aqua Aerobic System. Inc. We are requesting formalizing the purchase agreement with this vendor for the Aqua Diamond Filter Equipment presented and discx~ssed at the April 17g' and 24"' Council meetings. Recommended Council Action: Ratify contract with Aqua Aerobic System, Inc. in the amount of $719,007.00. Thank you for your consideration. • Page 1 • AQUA-AEROBIC SYSTEMS, tNC. 6306 N. Alpine Rd. P.o. Box 2026 I RockFord, IL 61130-0026 USA P6: 815.654-2501 I Fx: 815.654-2506 ~ April 12, 2007 ~~ Correspondence ID#: AAL-19436 Meridian (City Of) ~LOGi~ 660 East Watertower Lane ~0~ Meridian, Idaho 83642 USA At~nDH Ph#:208-898-5500 Fx#: 208-898-9551 • www.aq ua-aerobie.com Attn: Len Grady a~mi>r ~~` Project: Meridian, ID RE: Aqua-Aerobic Systems' Proposal No. 31221 Dated April 12, 2007 Mr. Grady, We are pleased to enclose our proposal for the AquaDiamond® Filter equipment, freight and supervision services for the above referenced project. Please take a moment to review our proposal notes for Aqua-Aerobic Systems' equipment terminations and items not included in Aqua-Aerobic Systems' scope of supply which are to be provided by your selected Installing Contractor. The. highlights of equipment are as follows: -Platform drive: Leeson, Weg, Baldor or equal -Platform gear reducer: Grove, Nord or equal - Electric conduit in the platform: PVC coated galvanized steel - -Backwash pump gate valve for flow control: stainless steel gate valve Nibco or equal Backwash pump: Gorman Rupp model T4A with variable frequency drive (Weg or equal) . -Backwash and sludge valves: Milken 601 with Auma electric actuator ' - Control enclosure: 304SS NEMA4X with air conditioner and' heater - PLC: Allen-Bradley SLC 5/OS -1'-IMI: Allen-Bradley/PanelView 600 - VFD: Allen-Bradley PowerFlex or equal - Ethernet switch: Hirschmann/Spider STX or equal -Pressure transducer: Keller PSI model 714 -Level switch: Anchor Scientific model S40N0-NC - Effluent turbidity meter: Hach/AquaTread 1720E - Turbidity enclosure: NEMA4X fiberglass with panel heater and thermostat -Spare parts: one-AquaDiamond cloth, one-spare backwash pump and two - Optional: 304 stainless steel top wall runner plate Please also take a moment to review the Milestone dates as stated on page 5 of the • attached proposal. If a milestone date is missed, the production and shipping schedules will be delayed equal to or greater than the delay. Included; please find the following authorization forms for preparation of submittal data and pre-approval of AquaDiamond Bridge Platform for release to manufacture. As we will release the equipment for manufacture as shown in attached drawings, we request you sign in the space provided below and return to the attention of Rungrod Jittawattanarat/Staci Lyman at Aqua-Aerobic Systems via fax (No. 815/654-8258) as confirmation. We appreciate the opportunity to submit our proposal for this project and look forward to discussing it with you in detail. In the meantime, if you have any questions regarding our proposal, please feel free to contact me or our representative, listed below. Sincerely, Rungrod Jit#awattanarat, Ph.D. • • AUTHORIZATION TO PREPARE ENGINEER'S SUBMITTALS Iveridian, Idaho Fax completed form Attention:. ` Rungrod JittawaxtanartlStaci Lyman at Aqua-Aerobic Systems Fax # 815/654-8258 Aqua-Aerobic Systems is herein authorized to begin preparation of engineer's submittal data for the referenced project. Submittals will not be released until Aqua-Aerobic Systems' receipt of a fum purchase order. ~' ~~ ®~ Ivl@`t't~a~aVe Company ame . € >~ Authorized : i ature 1 ~~~ ~,e U~~.e ~®yo r Signatory's N e & Title Date PROVIDE A TOTAL OF ~ SETS OF ENGINEER'S SUBMITTAL DATA FOR TRANSMITTAL TO THE FOLLOWIlVG ADDRESS/PERSONNEL: ~`~-V O~ ~~' •r a~ 6 Gvo Company Name Courier Address City, State, Zip (required) Phone: Lai. ~~o ~~ Fax 1g ~ ~ ~Q ~ Contact name • AUTHORIZATION TO RELEASE FOR MANUFACTURE Meridian, Idaho Aqua-Aerobic Systems is herein authorized to release AquaDiamond Traveling Bridge Platform equipment for manufacture based upon Aqua-Aerobic Systems' engineer's submittal data, as per attached drawings. Our intent is to proceed with your order based upon your written instructions, however, we require your confirmation to insure we are releasing for manufacture in accordance with your instruction. Please sign and return this document by Apri120~200-7 to prevent delay. Authorized Signature: ~~/n~l~~' ~-C~ ~ ~ Company: C e ~ ® IV` ~ G Date: • Aqua Aerobic Systems, Inc. Proposal#; 31221 P.O. Box 2026 ` 6306 N. Alpine Road • Rockford, IL 61180' U.$.A.PH#:815!6542501' FX#:81516542508 DATE: April 12, 2007 TO: CIN OF MERIDIAN PROJECT: Meridian, ID 660 EAST WATERTOWER LANE MERIDIAN IDAHO 83642 USA ATN: LEN GRADY CC: Goble Sampson Associates, Inc / ph#: 801!268-8790 / fx#: 8011268-8792 Rob Young, Jim Chamholm CH2M Hill / ph#: 2081345-5310 ! fx#: 208134&5315 Dan Ayers Aqua-Aerobic Systems -Regional Manager ! ph#: 815/639-4456 / fx#: 815!6548258 BIII Moore The following Notes apply to Aqua-Aerobic Systems' proposal: - Equipment will be furnished by Aqua-Aerobic Systems, Inc. with civil work and installation by the purchaser. Cloth Media Filters AquaDiamond Basins 1 Model ADIFC1636 AquaDiamond filter(s) - For installation in concrete basin(s) (provided by others) and shall include: 1 Concrete embedded effluent frame installation(s) each consisting of: - 304 stainless steel effluent wall frame weldment(s). - 304 stainless steel effluent wall plate weldment(s). - 304 stainless steel effluent filter segment end weldment(s). - Effluent gasket(s). 1 Basin installation(s) of mounting brackets and hardware will be provided as follows: - 304 stainless steel mounting bracket(s). - 304 stainless steel wedge anchor{s). -Threaded inserts and hardware. 1 Drive platform guide angle installations} will be provided as follows: - 304 stainless steel angle(s). - 304 stainless stee{ insert anchor(s). 1 Electrical festoon system installation(s) consisting of: 304 stainless steel "C" channel trolley system track(s). - S#airlless steel trolley(s) and stainless steel hardware. - Stainless steel tow mast(s). - Control signal and power cable(s). - Galvanized steel tee support weldment(s). - Stainless steel anchors. AquaDiamond Frame Assemblies 1 Diamond filter frame and media installation(s) each consisting of: - Eight {8) 304 stainless steel and plastic frame and cloth assembly{ies), each 36 feet and 8 inches long. - Fiber pile cloth(es). Copyright 1991 Aqua-Aerobic Systems, Inc.1 Printed On: 4/12!200711:24:48 AM Page 1 of 8 ~ r Aqua-Aerobic Systems, Inc. April 12, 2007 # 3,221 ApuaDiamond Drive Platform Assemblies 1 Diamond filter drive platform assembly{ies) consisting of the following: - 304 stainless steel drive platform frame weldment(s). - 1/4" aluminum checkered floorplate walkway. - 1.5"diameter aluminum pipe handrail(s) with removable chains. -Variable speed, 2 HP T.E.F.C. motor with 1.15 service factor, drive shafts and self aligning flanged bearings. - Gearbox(es) fully enclosed in an oil-tight cast housing with the gears running in oil and all bearings of anti-friction type. - Conduit on the Drive Platform will be PVC coated galvanized steel. -Temperature sensors will be mounted to the Drive Platform to cycle the pump during freezing tempera#ures. ApuaDiamond. Backwash/Solids Piping Assemblies 1 Set(s) of backwash and solids piping assembly{ies) will be provided as follows: - 2" 304 stainless steel arm(s), 2" PVC reinforced flexible hose{s) with stainless steel fittings and hose clamps. - 304 stainless steel solids suction pipe weldment(s) with mounting hardware. 1 Backwash shoe assembly(ies) {8 sets per basin) will be provided as follows: - Backwash shoe assembly(ies}will consist of 304 stainless steel drop leg supports, stainless steel springs, and 304 stainless steel backwash nozzles with polyethylene nozzle plates. ApuaDiamond .Instrumentation 1 Pressure transducer installation(s) {2 transducers per basin) consisting of: - Keller PSI model 71'0 submersible pressure transducer(s) constructed of stainless steel with a 4-20 mA output signal over a 0-5 psi range. -Two wire, 24 gauge polyethylene shielded cable(s). - 304 stainless steel support bar(s) and 316 stainless steel wedge anchors. 1 High level float switch installation(s) consisting of: -Anchor Scientific model S40N0-NC float switch(es) with a PVC #18 AWG three-conductor cable. - 31.6 stainless steel wall brackets} and stainless steel wedge anchors. 1 Turbidity meter assembly ies) consisting of: TURBIDIMETER,HACH w/CNTROLR #1720E - Mounting plate 304 stainless steel. - Metering pump(s). - NEMA 4X fiberglass enclosure with panel heater and thermostat. ApuaDiamond Pumas. Valves, and Plumbing Assemblies 1 Pump, valve and plumbing assembly ies} will be provided as follows: - 304 stainless steel piping, 4° stainless steel gate valve(s), and 0-30 inches mercury vacuum gauges} with 3'/"dial. -One (1) Gorman Rupp model T4A-B centrifugal backwash pumps}. Pump(s) will iriclude a 20 HP, 460 volt, 3 phase, 60 HZ motor and variable frequency drive'. Pump(s) will be rated for 300 gpm at 28 ft TDH at 1050 RPM and also 600 gpm at 92.7 TDH at 1950 RPM. - Two (2) filter backwash valve(s) will be 6" Miliken 601-N0 125# flanged end connection, ASTM A-126 Class B cast iron body with welded in nickel seat, neoprene coated cast iron plug, assembled and tested with an Auma SG05 115 volt, single phase, 60 cycle openlclose service electric actuator. The valve(s) will be anon-lubricated type with a port area of at least 80% of full pipe size. Valve actuator(s) will include a compartment heater. - One (1) filter sludge valve(s) will be a 4" Miliken 601-NO 125# flanged end connection, ASTM A-126 Class B cast iron body with welded iri nickel seat, neoprene coated cast iron plug, assembled and tested with an Auma SG05115 volt, single phase, 60 cycle open/close service electric actuator. The valve(s) will be anon-lubricated type with a port area of at least 80% of full pipe size. Valve actuator (s} will include a compartment heater. - Pump heater(s). Copyright 1991 Aqua•Aerobic Systems, Inc. f Printed On: 4112/200711:24:5D AM Page 2 of 8 Aqua-Aerobic Systems, ~I'IC~ April 1z, zoo7 # 31221 AquaDiamond Misc/Spare Parts 1 List of AquaDiamond spare parts consisting of: - (1) AquaDiamond pile cloth 36-foot and 8-inch long. - (1) Gorman Rupp model T4A-B centrifugal backwash pump{s). Pump(s) will include a 20 HP, 460 volt, 3 phase, 60 HZ motor and variable frequency drive, pump heater. Pump(s) will be rated for 300 gpm at 28 ft TDH at 1050 RPM and also 600 gpm at 92.7 TDH at 1'950 RPM. - (2} Filter Blanking Plates. AquaDiamond Controls 1 Control system(s) installation consisting of: A shore mounted main control panel {one per installation) consisting of: - NEMA 4X stainless steel enclosure{s). - Miniature circuit breaker(s) 120V. - GFI receptacle(s}. - Relay(s) slim line plug-in. -Terminal(s). - Remote I/O slot rack(s). -Power supply(s). -Allen Bradley Panelview 800 touch screen display with RS 232 and Ethernet. - Panelview 600 operational cable. - . -Slot 'rack{s). -Input card{s) -Output card(s). -Analog input card(s). - Selector switch(es). -Pilot light(s). -Air Conditioner. - Panel heater. A festooning junction box consisting of: - Stainless steel enclosure(s). - Terminal(s). A basin junction box consisting of: - Stainless steel enclosures}. - Pressure transducer aneroid bellow(s). -Terminal(s). A drive platform mounted local control panel (one total per platform) consisting of: - NEMA.4X stainless steel enclosure(s). - Disconnect{s), 3 pole with chrome handle. -Power distribution block(s). -Transformer(s) with fuses. -Main component circuit fuse(s). -Miniature circuit breaker{s) 120V. - GFI receptacle(s). - Relays} slim line plug-in. -Variable frequency drive(s). -Terminal(s). - Power supply(s). -Allen Bradley SLC 5/05 integral programmable controller with Ethemet. - Input card(s) -Output card(s). -Analog input card(s). -Selector switches}. - Pilot light(s). -Air Conditioner. -Panel Heater. - Ethemet Switch. Copyright 1941 Aqua-Aerobic Systems, inc. !Printed On: 4!1212007 14:24:50 AM Page 3 of 8 • Aqua Aerobic Systems, inc. April 12, 2007 # 31221 AauaDiamond Enaineerina 6 Set(s) Documentation for the AquaDiamond will be provided as described: - Engineer's Approval Data (English language). 6 Set(s) Documentation will be provided as described: - Operation & Maintenance Manuals (English language). AauaDiamond SupervisionlFreight Domestic 1 Supervision Services and Freight Package(s) for the AquaDiamond will be provided as follows: - 4 Day(s) On Site for INSTALLATION SUPERVISION -1 Trip(s) for INSTALLATION SUPERVISION -12 Days} On Site for MECHANICAL SUPERVISION - 3 Trip(s) for MECHANICAL SUPERVISION - FREIGHT TO JOBSITE The Following Notes apply to Aqua-Aerobic Systems' Proposal: - Electrical wiring, interconnecting wiring, conduit, supply power, and appurtenances are to be supplied by the installing contractorlpurchaser. - Freeze protection may be required for outdoor installation in cold weather climates. All such protection, including but not limited to, heat tracing and insulation of piping shall be provided and installed by the installing contractor. - Materials and Services not specifically describedCtemized in this proposal are not included in the quo#ed total price, and are to~be supplied by the installing contractorlpurchaser. -Because of the current instability in material costs, Aqua-Aerobic Systems, Inc. reserves the right to re-evaluate the pricing quoted prior to order acceptance if a purchase order is received after the validity date stated in this proposal. Any pricing adjustments required after the proposal validity date shall be based on a published materials cost index specific to the materials proposed. - Assembly of the Diamond filter frame assemblies will provided by the installing contractor. - Supervision services included in Aqua-Aerobic Systems' offering are based upon supply of the quantify of trips and days stated. Additional supervision services can be provided for an additional charge of $900/day plus travel and living expenses, -Three phase motors will be 460 volt. - Single phase motors will be 115 volt. The Following Notes apply to Aqua-Aerobic Systems' Proposal: - A one (1) year company backed process performance guarantee in accordance with "Aqua-Aerobic Systems, Inc. AquaDiamondT"" Filter Process Performance Guarantee.For Meridian, MS" dated April 12, 2007 (copy included) is an integral part of this proposal. - Aqua-Aerobic Systems' Design Number 31221 and Design Notes dated April 12, 2007 (copy included) are an integral part of this proposal. -Aqua-Aerobic Systems' notated drawing number 8112373 sheets 1, 2, 3, & 4 dated 4/2/07 (copies included) are an integral part of this proposal. Clouded items represent Aqua-Aerobic Systems' scope of supply. - FOB !TITLE AND RISK OF LOSS: All prices quoted are FOB Jobsite, yet it is the responsibility of the purchaser to unload shipment(s) and utilizing the packing list and bill of lading provided with the shipment, notate shortages/damages upon receipt of the shipment(s), and notify Aqua-Aerobic Systems in writing within 7 days of the shortages/damages. Delivery of the goods by the Carrier is deemed delivery to the Buyer, and title to goods and risk of loss or damage thereafter shall be upon Buyer. - Prices quoted do not include Idaho state/local sales tax. Buyer shall pay any and all use, sales, privilege or other tax levied by any governmental authority with respect to the sale of any goods covered hereby. Aqua-Aerobic Systems, Inc. is registered to collect Idaho state sales tax. Buyer shall be separately billed at such time for the amounts Aqua- Aerobic Systems, Inc. is required to pay unless we receive a valid resale/exemption certificate prior to shipment of goods. , -Subject to credit approval and guarantee of payment; 90% of total purchase price"payable Net 30 days from date of each shipment, balance of 10% of total purchase price payable Net 30 days from start-up. Copyright 1991 Aqua-Aerobic Systems, inc. l Printed On: 4!121200711:24:50 AM Page 4 of 8 Aqua-Aerobic Systems, lI7C. Apr;i 1z, zoo7 # 3~rz1 -The following MILESTONE dates are critical. If a milestone date is missed, the production and shipping schedules will be delayed equal to or greater than the delay. DATE: MILESTONE EVENT: 4118107 Owner's meeting to approve projec# to proceed. 4/19/07 Aqua receives notification from Owner chat project will proceed & advises Aqua to proceed. with preparation of engineer's submittal data. 4/20107 Aqua receives engineer's pre-approval of platform drawings included with the proposal. 5/9/07 ~ Aqua receives firm purchase order for the proposed equipment and services. 5/10/07 Aqua transmits engineer's submittal data for approval and confirms a meeting date with the engineer to facilitate submittal review/approval. 5/9.5/07 Aqua receives engineer's approved submittal data and release far manufacture. 7/2!07 (week of} Shipment of embeds from Aqua's factory to jobsite (transit time to jobsite excluded). 7/16/67 (week of) Shipment of balance of goods from Aqua's factory to jobsite (transit time to jobsite excluded). Copyright 1991 Aqua-Aerobic Systems, Inc. !Printed On: 4112/2007 11:24:56 AM Page 5 of 8 • Aqua Aerobic Systems, Inc. April 12, 2007 ~ 31zz1 TERMS AND CONDITIONS OF AQUA-AEROBIC SYSTEMS, 1NC. This offer and all of the goods and sales of Aqua-Aerobic Systems, Inc. are subject only to the following terms and conditions. The acceptance of any order resulting from this proposal is based on the express condition that the Buyer agrees to all the terms and conditions herein contained. Any terms and conditions in any order, which are in addition to or inconsistent with the following, shall not be binding upon Aqua-Aerobic Systems, Inc. This proposal and any contract resulting therefrom, shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to conflicts of laws principles. DURATION OF QUOTATION This proposal of Aqua-Aerobic Systems, Inc, shall in no event be effective more than 30 days from date thereof, unless specifically stated otherwise, and is subject to change at any time prior to acceptance. SHIPMENT Shipping dates are not a guarantee of a particular day of shipment and are approximate, being based upon present production information, and are subject to change per the production schedules existing at time of receipt of purchase order. Aqua-Aesrobic Systems, Inc. shall not be responsible for any delay in shipment for causes beyond its control including, but not limited to, war, riots, strikes, labor trouble causing interruption of work, fires, other casualties, transportation delays, modification of order, any act of governmental authorities or acts of God. Quoted shipment dates in this proposal are approximate dates goods will be shipped and, unless agreed to in writing by Aqua-Aerobic Systems, Inc., Buyer may not postpone or delay the dates of shipment of goods from our plant or from our supplier's plants beyond the dates set forth in this proposal. SECURITY If at any time the financial responsibility of the Buyer becomes unsatisfactory to Aqua-Aerobic Systems, Inc., or Aqua- Aerobic Systems, Inc. otherwise deems itself insecure as to receipt of full payment of the purchase price from Buyer hereunder, Aqua-Aerobic Systems, Inc. reserves the right to require payment in advance or security or guarantee ~ . satisfactory to Aqua-Aerobic Systems, Inc. of payment in full of the purchase price. LIMITATION OF ACTION No action shalt be brought against Aqua-Aerobic Systems, Inc. for any breach of its contract of sale more than two years after the accrual of the cause of action thereof, and, in no event, unless the Buyer shall first have given written notice to Aqua-Aerobic Systems, Inc., of any claim of breach of contract within 30 days after the discovery thereof. CANCELLATION CLAUSE No accepted purchase order may be mod~ed except by written consent of Aqua Aerobic Systems, Inc. If cancellation is after the commencement of work, production, or assumption of any obligations by Aqua Aerobic Systems, Inc. for any materials or component parts, a sum equal to the total of the direct, out of pocket expenses incurred to the date of cancellation for labor, machine time, materials and any charges made to us by suppliers for cancellation will be charged to the purchaser. PROPRIETARY INFORMATION This proposal, including all descriptive data, drawings, maferial, information and know-how disclosed by Aqua-Aerobic Systems, lnc_ to Buyer in relation hereto is confidential information intended solely for the confidential use of Buyer, shall remain the property of Aqua-Aerobic Systems, Inc. and shall not be disclosed or otherwise used to the disadvantage or detriment of Aqua-Aerobic Systems, Inc. in any manner. QUALIFIED ACCEPTANCE AND INDEMNITY In the event the acceptance of this proposal by Buyer either is contingent upon or subject to the approval by any third party such as, but not limited fo, a consulting engineer, with respect to goods, parts, materials, descriptive data, drawings, calculations, or any other mater, then upon such approval by any third party, Aqua-Aerobic Systems,. Inc. shall have no liability to Buyer or to any third party so long as the goods sold and delivered by Aqua-Aerobic Systems, ]nc. conform to this proposal. In the event any such third party requires modifications in the proposal prior to the approval thereof, Aqua-Aerobic Systems, Inc. may at its sole option and without liability to any party elect to cancel this proposal or return the purchase order to Buyer. In the event Aqua-Aerobic Systems, Inc. elects to modify this proposal to conform to the requirements for approval by any third party, Aqua-Aerobic Systems, Inc. in such event shall have no IFability to Buyer or to any third party so long as the_goods sold and delivered by Aqua-Aerobic Systems, Inc. conform to this proposal as modified. Copyright 1491 Aqua-Aerobic Systems, Inc. /Printed On: 4/12/2007 41:24:50 AM Page 6 of t3 • • Aqua Aerobic Systems, Inc. April 12, 2DD7 # 31221 Buyer agrees to indemnify and save harmless Aqua-Aerobic Systems, Inc. from and against all costs and expenses and liability of any kind whatsoever arising out of or in connection with claims by third parties so long as the goods sold hereunder conform to the requirements of this proposal as approved by any third party. WARRANTY; LIMITATION OF LIABILITY; AND DISCLAIMER In return for purchase and foil payment for Aqua-Aerobic Systems, Inc. goods, we warrant new goods provided by us to be free from defects in materials and workmanship under normal conditions and use for a period of one year from the date the goods are put into service, or eighteen months from date of shipment (whichever fist occurs). OUR OBLIGATION UNDER THIS WARRANTY 1S EXPRESSLY AND EXCLUSIVELY LIMITED to replacing or repairing (at our factory at Rockford, Illinois) any part or parts returned to our factory with transportation charges prepaid, and which our examination shall show to have been defective. Prior to return of any goods or its parts to our factory, Buyer shall notify Aqua-Aerobic Systems, Inc. of claimed defect, and Aqua-Aerobic Systems, Inc. shall have the privilege of exarmining the goods at Buyer's place of business at or where the goods have otherwise been placed in service. In the event this examination discloses no defect, Buyer shall have no authority to return the goods or parts to our factory for the further examination or repair. All goods or parts shall be returned to Buyer, F.O.B. Rockford, Illinois. This warranty shall not apply to any goods or part which has been repaired or altered outside our factory, or applied, operated or installed contrary to our instruction, or subjected to misuse, chemical attack/degradation, negligence or accident. Our warranty on accessories and component parts not manufactured by us is expressly limited to that of the manufacturer thereof. THE FOREGOING WARRANTY IS MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND OF ALL OTHER LIABILITIES AND OBLIGATIONS ON OUR PART, INCLUDING ANY LIABILITY FOR NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE; AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS EXPRESSLY DISCLAIMED; AND WE EXPRESSLY DENY THE RIGHT OF ANY OTHER PERSON TO INCUR OR ASSUME FOR US ANY OTHER LIABILITY 1N CONNECTION WITH THE SALE OF ANY GOODS PROVIDED BY US. THERE ARE NO WARRANTIES OR GUARANTEES OF PERFORMANCE UNLESS SPECIFICALLY STATED OTHERWISE. .. UNDER NO CIRCUMSTANCES, INCLUDING ANY CLAIM OF NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL AQUA-AEROBIC SYSTEMS, INC. BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, COSTS OF CONNECTING, DISCONNECTING, OR ANY LOSS OR DAMAGE RESULTING FROM A DEFECT IN THE GOODS. LIMIT OF LIABILITY: AQUA-AEROBIC SYSTEMS, [NC.'S TOTAL LIABILITY UNDER THE ABOVE WARRANTY IS LIMITED TO THE REPAIR OR REPLACEMENT OF ANY DEFECTIVE PART. THE REMEDIES SET FORTH HEREIN ARE EXCLUSIVE, AND OUR LIABILITY WITH RESPECT TO ANY CONTRACT OR SALE, OR ANYTHING DONE IN CONNECTION THEREWITH, WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, OR OTHERWISE, SHALL NOT, IN ANY CASE, EXCEED THE PRICE OF THE GOODS UPON WHICH SUCH LIABILITY IS BASED. Final acceptance of this proposal must be given to Aqua-Aerobic Systems, Inc. at their office in Rockford, Illinois. Please acknowledge acceptance by signing the proposal and returning it to Aqua-Aerobic Systems, Inc. Accepted by OfferQRespectfully Subm1mitted: r`-r~i""efrdc~ T~T~'awat~ainaya~ Rungrod ittawattanarat, Ph.D. Proj. Applications Engineer By: Aqua-Aerobic Systems, Inc. Date: GOODS QUOTED ABOVE WILL BE SOLD SUBJECT ONLY TO THE TERMS AND CONDITIONS OF SALE SET FORTH HEREIN. ANY DIFFERENT OR ADDITIONAL TERMS ARE HEREBY OBJECTED TO. Total Price: $702,395.00 Copyright 1991 Aqua-Aerobic Systems, inc. !Printed On: 4/12/2D07 11:24:50 AM Page 7 of 8 • Aqua Aerobic Systems, Inc. _ Aprll,Z, Zoo? ~ 3122'1 AauaDiamond: Options OPT10N #1: Add the following: 1/2" thick 304 Stainless Steel Runner Plate assemblies, (1 }assembly on top of each side of the basin, full length. Anchor rods, hardware and adhesive are included. Assembly shall be by the Installing Convactor. Please indicate your choice by signing on the appropriate line: Additive Alternate: Price $:16,612 Accepted By: a Declined By: Date: ~ °~ Copyright 1991 Ayua•Aerobic Systems, Inc. /Printed On: 4!12!200711:24:50 AM Page 8 of 8 PROCESS DESIGN REPORT ~~~~v s. Meridian, ID Design#: 31221 Option: Bid Design Designed byRungrod Jittawattanarat, Ph.D. un Thursday, April l2, 2007 The enclosed information is based on preliminary data which we have received from you. There may be factors unknown to us which would alter the enclosed recommendation.. These recommendations are based on models and assumptions widely used in the industry. White we attempt to keep these current, Aqua-Aerobic Systems, Inc. assumes no responsibility for (heir validity or any risks associated with their use. Also, because of the various factors stated above, Aqua-Aerobic Systems, lnc. assumes no responsibility for any liability resulting from any use made by you of the enclosed recommendations. Copyright 1999, Aqua-Aerobic Systems, Inc., Rockford, IL • • Design Notes _~~ l Meridian, ID !Design#: 31221 Filtration - The anticipated effluent quality is based upon filterable influent solids. - Aqua-Aerobic Systems recommends covering filters in areas of the country where bright sunlight is expected to cause excessive algae growth. - For this application, pile filter cloth is recommended, which has a nominal pore size of 1.0 microns. Thursday, Apri112, 2007 Page 2 of 3 • AquaDiamond Tertiary Filtration -Design Summary Design# 31221 ( Project: Meridian, ID ./" '~..~,. '~ Option: Bid Design :i• i, 1. '- . Designe0 by Rturgrod Jiltaivuaanrtrat, Ph.D. on Tuesdny, April72, 1007 ~~ 'y DESIGN INFLUENT CONDITIONS Pre-Filter Treatment: Secondary Avg. Design Flow = 6.5 MG/day = 4513.9 gpm ~ _ (24570 m"3/day) Max. Design Flow = 11 MG/day = 7638.9 gpm = (41580 m^31day) Effluent DESIGN PARAMETERS Influent mg/I Required <= mg/l Anticipated <= mg/I Avg. Total Suspended Solids: TSSa 10 -- -- -- Max. 'Dotal Suspended Solids: TSSm 15 - -- -- -- ''Turbldlty: -- - NTU 2 NTU 2 'Note: Tubidity represented in Nephelometric Turbidity Units (NTU's) in lieu of mg/l. AauaDIAMOND FILTER RECOMMENDATION Qty Of Filter Units Recommended = 1 Number Of Diamonds Per Unit = 8 Length Per Diamond = 36.67 feet ' Total Fitter Area Provided = 1173.4 ft^2 Filter Model Recommended = AquaDiamond Concrete Model 1636 AguaDIAMOND FILTER CALCULATIONS Filter Tyge- Vertically Mounted Cloth Media Diamonds featuring automatically operated vacuum backwash and solids removal system. Average Flow Conditions: Average Hydraulic Loading =Avg. Design Flow (gpm) /Recommended Filter Area (ft^2) = 4513.89 / 1173.4 ft^2 = 3.85 gpm/ft^2 at Avg. Flow .Maximum Flow Conditions: . Maximum Hydraulic Loading =Max. Design Flow (gpm) /Recommended Filter Area (ft^2) = 7638.89 / 1173.4 ft^2 = 6.5 gpmlft^2 at Max. Flow Solids. Loading: Solids Loading Rate = (Ibs TSS/day at max flow and max TSS loading) /Recommended Filter Area (ft^2) = 1376.1 Ibs/day / 1173.4 ft^2 = 1.17 lbs. TSS /day/ft^2 Aqua-Aerobic Systems, Inc. CONFIDENTIAL Printed On: 4112!2007 Page 3 of 3 AQUA-AE'ROBiC SYSTEMS, INC. AQUADIAMONDT'" FILTER PROCESS PERFORMANCE GUARANTEE FOR Meridian, ID 4/'[ 2107 /~ Aqua-Aerobic Systems, Inc. (Aqua) guarantees #hat t e AquaDia ondT"' filter(s) in accordance with Aqua-Aerobic Systems' Design # 1 1 d d 4/1 07 and Design Notes dated 4/12/07 shall provide a filtered efflu nt m an vera daily turbidity of 2 NTU: This guarantee shall apply under the followirl con ' io ~ ~~~ 1. The influent flow is supplied t filter(s) a con ~n ous basis at an average daily flow not to exceed a to of 6. GD an ape flow rate not to exceed 11 MGD and: t ~. a, Filter influe conce trati2~n's{~all nof~z~c~~0 mg/l daily average and 15 g/I maxim \// ~~ b. Daily erag ~S co cent tions ar s~,ci~on 24-hour composite sam es. M imukn TS~ con ntrat' ns are based upon grab samples at any tirn . c. ~i~lte~'nflu nt solids loading shah ~o xceed 1.17 Ibs TSS/ft2/day. d. HydrauT' to ing s ~t excee .85 gpm/ft2 of disk area at average d flow a d 5 gp a flow. The sustained peak flow shall not xcee 3 hou e. tewa r en~rin the uaDiamond '~"" filter unit is secondary clarified effilu t fro an ~~tiva sludge treatment system process with the inimu s ids re ention time {MCRT) of 5 days. 2. The influent SS are .gable of being removed by fiiltration as determined by an Aqua approve a pilot filter operated at the proportionate filter design flow and solids loadin rate and equipped with media identical to the installed equipment. 3. The filter is installed, operated and maintained in accordance with instructions supplied by Aqua. J:\SBR\WINWORDIGUAR\31221 Meridian, ID Process Guarantee-2.doc 1 1 J 4. The equipment has been paid for in accordance with contract terms. 5. Performance data for the filter system is provided to Aqua on a monthly basis 6. The process performance guarantee shall be in effect for twelve (12) months after start-up, but not longer than eighteen (18) months from delivery of the equipment. 7. Start-up shall be defined by the date stated on th Aqua "nufacturers Certificate of Inspection" form executed upon c mpletion start-up services. 8. Should the filter system not meet the a. The guarantee shall be consi~red in~lid if he i conform to Conditions 1 and rs do not b. In the even# that the I ue~param ers are Ifihin the limits specified . under Conditions 1 2, Aqu hall ha a up 30 days to modify the filters as necessary to achieve t gua teed erfor nce. 9. If faifiure to produ~re~th uaran~teed nt is t 'nf ent quality not in conformance w'th Conditi s 1 & , th~,~wner shal a up to 30 days to provide influ t that nform to th above s c ditions. If the Owner is unable top duce e s ecifi d influ nt co ditians within 30 days, the guarantee will be consi red to atisf~d.. 10. In a event o ol'r#!'nued I Hof the e' ipment to produce the guaranteed luent characte tic at no ult th Owner, Aqua shall have the option to odify he felt r{s) a ne essa to achieve the guaranteed performance. The m ximu liabil~ to Aqua r the odification or supply of additional equipment sha a lim' ed to cum~ulati otal of 100% of the original purchase price of the Aquae uipm t. 1 ~ a J;1SBR1WIiVWORDIGUAR131221 Meridian, ID Process Guarantee-2.doc 2 • AQUA-AEROBIC SYSTEMS, INC. Hui Lin, P.E. Execution Date Senior Application Engineer /~ NOTE: Aqua-Aerobic Systems, Inc. will exec a the guarantee upon receipt of a porch order conditions and approved submi all i performance ice of terms and J:1SBRIWINWORDIGUAR131221 Meridian, ID Process Guarantee-2.doc ss~ .. w~~u61 e:a~ a W,~;~~ col I ~ ~ . / - ~ \ / ¢ ~ l Wa ~a ~ \ >a 1 _ • /~ \ / I \ _ ~ / y \ ~ W n 1 > ~a ) ~_? ~~sg) ~ ~ `~ ~ w N ~ \ ~_( ~ ~~:~ ~ 3 ~~~~~-~1 a3. I~@IsI3IiISIYI~I IIIIIIII~I III I~Ixlla-I-I~I L1C1L1L n e.~~.,.~~ 1 I III _l.l ll ~~ 'T 11 I III Iw=III wm-f 1 II .. 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I I I ~ sx I dt we a 8~~ ~ ~ -\ ~o~a 1 I~ ffw~ I~ ~g ~--=------- i~g April 27, 2007 MERIDIAN CITY COUNCIL MEETING May 1, 2007 APPLICANT ITEM NO. S-T REQUEST Approve Lease Agreements with Xerox 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: Materlala preaentod at publk meetings shall become property of the City of Meridian. LEASE AGREEMENT • Full Legal Name Customer Name (Bill to) CITY OF MERIDIAN DBA/Name Overflow Street Address 3401 NO TERM MILE Box#/Routing City, State MERIDIAN, ID Zip Code 83642-2600 Tax ID# x Customer Name (Install) CITY OF MERIDIAN DBA/Name Overflow (if req'd) WWTP Installed at Street Address 3401 N TEN MII.,E RD Floor/Room/Routing City, State MERIDIAN, ID Zip Code 83642-5409 County Installed In ads Customs Requested Install Date 05/15/2007 Lease Payment Information XE~~~~ Check all that apply ^ Assoc./Coop. Name: ^x Negotiated Contract #:071446703. ^ DSA Contract #s - ^Value Added Services: ^ Attached Customer P.O. #s: Supplies: Lease: ^X State or Local Government Customer Int. Rate: % Total Int. Pa able: $ Replacement/Modif~cation of Prior Xerox Agreement Agreement covering Xerox Equipment Serial# (or 95#): is hereby ^ modified ^ replaced Effective Date: Comments: Lease Information Lease Term : 60 months ^x Supplies included in Baselprint Chazges ^ Refm. of Prior Agrmt.: ^ Xerox (95#): ^ 3rd Party Eq. Amt Refm: $ Int Rate: % Total Int Payable: $ Product (with serial number, if in place equipment) Purchase O lion Down Pa ment Prev Install Fin'1 Interco WCP3545 WORKCENTRE PRO C3545 FMV 1 1FAXKIT 1 ADVFIN 1 D250STPLR 1 JOBACC 1 SPCCNTRL 1 ULF Customer Ed X Anal st Services x $ 4'73.29 :MINIMUM LEASE PAYMENT (excl. of applic. taxes) Price Information ^ Adiustment Period Periodic Base Chazge $ 473.29 Print Charge Meter 1: Prints 1 - + ' 0.0084 Prints - Pcints - Print Chazge Meter 2: Prints 1 - + 0.0890 Prints - Min. Lease Pavment Brea. (periodic, excluding excess meter charges) ^ Monthly ^Quarterly ^ Semi-Annual ^Annual ^ Other Min. Lease Pavment Mode ^Advance ^ Airears Periodic Base Charge Periodic Base Chazge Print Charge Meter L• Print Chazge Meter 1: Prints 1 - Prints 1 - Prints - Prints - Prints - prints - Print Charge Meter 2: Print Chazge Meter 2: Prints 1 - Prints 1 - Prints - Prints - Periodic Min.# of Prints Periodic Min.# of Prints Periodic Min.# of Prints (based on Meter 1 Print Charges) (based on Meter 1 Print Chazges) (based on Meter I Print Charges) ^ Purchased Supplies ^ Cash ^ Fin'd ^ Application Software Reorder # Q Descri lion 'ce Software Title itial License Fee ual Renewal Fee ^ Cash ^ Finance ^ Su ort Onl Total Price = Total Initial License Fees = ^D Trade-In Allowance ^ K-16 Billing Additional Options (check all that aaaly) Manufacturer .Modell Final Allowance .Suspension ^ Run Length Plan Fixed Price Plan Serial # Princi al Pa ent #: (check 1 as required) ^ per-Foot Pricing XEROX MYP023731 33 5,000.00 Months affected ^ Extended Service Hours: ^ June only ^ J l Description: / $ 0 mo. u y only ^Q Attached Addenda: 51860-1(1) Total Allowance = 5,000.00 ^ August only Total Allowance Applied to: ^x Trade-In Equip. Balance: 5,000.00 ^ June -July ^ Other Addenda: ^Price of Replcmnt. Equip.: ^ July -August Agreement Presented By: Xerox Namelyliohelle Barsness Phone:L208)384-5954 i% j , ' FOR AUTHORIZED HQ INTERNAL USE ONLY: '('11ov Accepted: Xerox Corporation By: (Signature ofAuthnri;.ed Signer) Title: Date: Worksheet: H24637 Unit: 2 4/30/2007 11:28:26 www.xerox.com Xerox Form# 51860 (05/2005) Auth. Signer Name: Tammy DeWeerd a~~~ ~~ ~t;,~ ~0°i ase Prirt N of Au ~ri~ i r ~. v'! ~ r sn e O ~~ i~ Signattre: ~' / ' ~~~ Signatur of t rorize ign~ Auth. Signs Title: _ Phone• (7,.Q8)88~3~33- ®Tax Exempt (*Mrfs attach Sales Tax hemp ' ~tificate) ~' , 4/30/2007 ~(~ (~~°i~ _ 1" ' //,111 ~1~1-i) i~,' tl . i j1.ll+.,i LEASE AGREEMENT (ADDITIONAI, PRODUCTS) Full Legal Name Customer Name (Bill to) CITY OF MERIDIAN DBA/Name Overflow Date of Customer Signature on Attached Agreement Customer Name (Install) CITY OF MERIDIAN DBA/Name Overflow (if req'd) WWTP Installed at Street Address 3401 N TEN MILE RD Floor/Room/Routing City, State MERIDIAN, ID Zip Code 83642-5409 County Installed In ada Customer Requested Install Date 05/15/2007 Lease Payment Information ^ Replacement/Modification of Prior Xerox Agreement Agreement covering Xerox Equipment Serial# (or 95#): is hereby ^ modified ^ replaced Effective Date: Comments: Lease Information Lease Term : 60 months x^Supplies included in Base/Print Charges ^ Refm. of Prior Agrmt.: ^ Xerox (95#j: ^ 3rd Party Eq. Amt Refm: $ Int Rate: % Total Int Payable: $ Mi Product (with serial number, if in place equipment) Purchase O lion Down Pa ent Prey Install Fin'1 Interm FC2121 x M20I x :MINIMUM LEASE PAYMENT (excl. of applic. taxes) Price Information Periodic A -Mos. Affected: - Print Charge Meter 1: Print Charge Meter I Prints 1 - Prints 1 Prints - Prints - Prints - Prints - Print Charge Meter 2: Print Charge Meter 2: Prints 1 - Prints 1 - Prints - Prints - Periodic Min.# of Prints Periodic Min.# of Prints (based on Meter 1 Print Charges) (based on Meter 1 Print Charges) ^ Trade-In Allowance Manufacturer Modell Final .Serial # Princi al Pa ment #: Allowance Total Allowance = Total Allowance Applied to: ^Trade-In Equip. Balance: ^Price of Replcmnt. Equip.: FOR AUTHORIZED HQ INTERNAL USE ONLY: Worksheet: Unit: www.xerox.com • ~(' /t.~~V~~ Check all that apply ^ Attached Customer P.O. #s: Supplies: _ Lease ^x State or Local Government Customer Int. Rate: % Total Int. Payable: $ K-16 Billing Suspension (check 1 as required) Months affected ^ June only ^ July only ^ August only ^ June -July ^ July -August n. Lease Payment Frea. (periodic, excluding excess meter charges) ^ Monthly ^Quarterly ^ Semi-Annual ^Annual ^ Other Min. Lease Payment Mode ^Advance ^ Arrears Period B -Mos. Affected: Periodic Base Charge Print Charge Meter 1: Prints 1 - Prints - Prints - Print Charge Meter 2: Prints 1 - Prints - Periodic Min.# of Prints (based on Meter 1 Print Charges) Additional Options. (check all that analy) ^ Run Length Plan ^ Fixed Price Plan ^ Per-Foot Pricing ^ Extended Service Hours: Description: / $ mo. ^ Attached Addenda: Xerox Form# 51'860-1 (05/2005) 4/30/2007 Page 2 Of 7 • GENERAL TERMS: The following terms apply to all lease transactions 1. PRODUCTS. The term "Products" shall refer collectively to all equipment (the "Equipment"), software, and supplies ordered under this Agreement. You represent that the Products are being ordered for your own business use (rather than resale) and that they will not be used forpersonal, household or familypurposes. 2. NON-CANCELABLE LEASE. THIS AGREEMENT IS A LEASE AND IT CANNOT BE CANCELED OR TERMINATED EXCEPT AS EXPRESSLY PROVIDED HEREIN, AND YOUR OBLIGATION TO MAKE ALL PAYMENTS DUE OR TO BECOME DUE SHALL BE ABSOLUTE AND UNCONDITIONAL AND SHALL NOT BE SUBJECT TO ANY DELAY, REDUCTION, SET-OFF, DEFENSE, COUNTERCLAIM OR RECOUPMENT FOR ANY REASON WHATSOEVER, IRRESPECTNE OF XEROX'S PERFORMANCE OF TTS OBLIGATIONS HEREUNDER. ANY CLAIM AGAINST XEROX MAY BE ASSERTED SOLELY AGAINST XEROX IN A SEPARATE ACTION. 3. LEASE COMMENCEMENT, PAYMENT, TAXES & CREDIT HISTORY. A. The lease term for this Agreement shall commence upon installation of the Equipment; provided, however, for customer-installable Equipment, the lease term for this Agreement shall commence upon delivery of the Equipment. B. Invoices are payable upon receipt and you agree to pay Xerox each Minimum Lease Payment, all Print Charges and all other sums due as follows: (i) if the invoice displays a due date, payment is due and must be received by Xerox on or before said due date, or (ii) if the invoice does not display a due date, payment is due and must be received by Xerox no later than thirty (30) days after the invoice date. Restrictive covenants on instruments or documents submitted for or with payments you send to Xerox will not reduce your obligations. C. You shall be responsible for any and all applicable Taxes, which will be included in Xerox's invoice unless you provide proof of your tax exempt status. "Taxes" shall mean any tax, assessment or charge imposed or collected by any governmental entity or any political subdivision thereof, however designated or levied, imposed on this Agreement or the amounts payable to Xerox by you for the billing of Products, Print Charges, services and maintenance of any kind; Taxes include, but are not limited to, sales and use, rental, excise, gross receipts and occupational or privilege taxes, plus any interest and/or penalty thereon, but excluding any personal property taxes and taxes on Xerox's, net income. If a taxing authority determines that Xerox did not collect all applicable Taxes, you shall remain liable to Xerox for such additional Taxes. D. You, to the extent required by applicable law, authorize Xerox (or its agent) to obtain credit reports, make such other credit inquiries as Xerox may deem necessary at any time, furnish payment history information to credit reporting agencies, and release to prospective assignees of this Agreement or any rights hereunder credit- related information Xerox has about you and this Agreement. 4. BASIC SERVICES. As a mandatory part of a lease, Xerox (or a designated servicer) will provide the following Basic Services under this Agreement (unless you are acquiring Equipment for which Xerox does not offer Basic Services; such Equipment to be designated as "No Svc."): A. REPAII2S 8z PARTS. Xerox will make repairs and adjustments necessary to keep Equipment in good working order (including such repairs or adjustments required during initial installation). Parts required for repair may be new, reprocessed, or recovered. B. HOURS & EXCLUSIONS. Unless otherwise stated, Basic Services will be provided during Xerox's standard working hours (excluding Xerox-recognized holidays) in azeas within the United States, its territories, and possessions open for repair service for the Equipment at issue. You agree to give Xerox reasonable access to the Equipment. Basic Services shall cover repairs and adjustments required as a result of normal wear and teaz or defects in materials or workmanship (and shall exclude repairs or adjustments Xerox determines to relate to or be affected by the use of options, accessories, or other commected products not serviced by Xerox, as well as any non-Xerox alterations, relocation, service, supplies, or consumables). You agree to use Equipment in accordance with, and to perform all operator maintenance procedures for Equipment as set forth in, the applicable manuals provided by Xerox. C. INSTALLATION SI'Z'E & METER READINGS. The Equipment installation site must conform to Xerox's published requirements throughout the term of this Agreement. If applicable, you agree to provide meter readings in the manner prescribed by Xerox. If you do not provide Xerox with meter readings as required, Xerox may estimate them and bill you accordingly. D. EQUIPMENT REPLACEMENT. If Xerox is unable to maintain the Equipment as described above, Xerox will, as your exclusive remedy for Xerox's failure to provide Basic Services, replace the Equipment with an identical product or, at Xerox's option, another product of equal or greater capabilities. If a replacement product is provided pursuant to this Section, there will not be an Xerox Form# 51860t&c (05/2005) 4/3 • additional charge for the replacement product and, except as set forth in the section of this Agreement titled "MAINTENANCE COMPONENT PRICE INCREASES", there will not be an additional chazge for Basic Services during the then-current term during which Basic Services aze being provided. E. CARTRIDGE PRODUCTS. If Xerox is providing Basic Services for Equipment utilizing cartridges designated by Xerox as customer replaceable units, including copy/print cartridges and xerographic modules or fuser modules ("Cartridges"), you agree to use only unmodified Cartridges purchased drrectly from Xerox or its authorized resellers in the United States and the failure to use such Cartridges shall void any warranty applicable to such Equipment. F. PC/WORKSTATION REQUIREMENTS. In order to receive Basic Services and/or Software Support for Equipment requiring connection to a PC or workstation, you must utilize a PC or workstation that either (1) has been provided by Xerox or (2) meets Xerox's published specifications. G. DELNERY AND REMOVAL. Xerox will be responsible for all standard delivery and removal charges. You will be responsible for any non-standard delivery or removal charges incurred. 5. WARRANTY DISCLAIMER & WANERS. XEROX DISCLAIMS, AND YOU WANE, THE IMPLIED WARRANTIES OFNON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. The parties intend this Agreement to be a "finance lease" under Article 2A of the Uniform Commercial Code. Except to the extent expressly provided, herein and to the extent permitted by applicable law, you waive all rights and remedies conferred upon a lessee by said Article.. 6. INTELLECTUAL PROPERTY INDEMNITY. Xerox, at its expense, will defend you from, and pay any settlement agreed to by Xerox or any final judgment for, any claim that aXerox-brand Product infringes a third party's U.S. intellectual property rights, provided you promptly notify Xerox of the alleged infringement and permit Xerox to direct the defense. Xerox is not responsible for any non-Xerox litigation expenses or settlements unless it preapproves them in writing. To avoid infringement, Xerox may modify or substitute an equivalent Xerox-brand Product, refund the price paid for the Xerox-brand Product (less the reasonable rental value for the period it was available to you), or obtain any necessary licenses. Xerox is not liable for any infringement-related liabilities outside the scope of this Section including, but not limited to, infringement based upon aXerox-brand Product being modified [o your specifications or being used or sold with products not provided by Xerox. 7. LIMITATION OF LIABILITY. Xerox shall not be liable to you for any direct damages in excess of $10,000 or the amounts paid hereunder, whichever is greater, and neither party shall be liable to the other for any special, indirect, incidental, consequential or punitive damages arising out of or relating to this Agreement, whether the claim alleges tortious conduct (including negligence) or any other legal theory. The above-stated limitation of liability shall not be applicable to any specific indemnification obligations set forth in this Agreement. Any action you take against Xerox must be commenced within two (2) years after the event that caused it. 8. ASSIGNMENT. A. If you wish to assign any rights or obligations under this Agreement, you shall provide a written notice to Xerox of such request for consent, with said notice including the name of the proposed assignee. Your request to assign this Agreement will be granted by Xerox if: (1) you are not in default under this Agreement or any other agreement with Xerox; (2) the proposed assignee agrees to the section of this Agreement titled "LEASE COMMENCEMENT, PAYMENT, TAXES & CREDIT HISTORY" as applicable to it, for the purposes of the proposed assignment; (3) the proposed assignee meets Xerox's then current credit criteria for similar transactions as determined by Xerox in its sole discretion; and, (4) you and the proposed assignee execute a writing, in a form acceptable to Xerox, confirming said assignment. Assignment by you requires the written consent of Xerox and may not be accomplished by operation of law. B. Xerox may assign this Agreement, in whole or in part, to a parent, subsidiary or affiliate of Xerox, or to a person or entity for the purposes of securitizing a pool of assets or as part of a third party financial transaction without prior notice to you; provided, however, any proposed assignment to a person or entity not identified previously in this sentence shall require your prior written consent. In the event of an assignment pernitted by the preceding sentence, Xerox, without notice to you, may release information it has about you related to this Agreement. Each successive assignee of Xerox shall have all of the rights but none of the obligations of Xerox hereunder. You shall continue to look to Xerox for performance of Xerox's obligations, including the provision of Basic Services, and you hereby waive and release any assignees of Xerox from any such claim relating to or arising from the performance of Xerox's obligations hereunder. You shall not assert any defense, counterclaim or setoff that you may have or claim against Xerox against 0/2007 Page 3 of 7 any assignees of Xerox. in the event of an assignment by Xerox, you shall remit payments due in accordance with remittance instructions of the assignee. 9. MINIMUM LEASE PAYMENTS. Each Minimum Lease Payment (which may be billed on more than one invoice) includes a Periodic Base Charge, and may include a Periodic Minimum Number of Prints. The Minimum Lease Payments, along with any additional Print Charges for prints made in excess of the Minimum Number of Prints, cover your cost for the use of the Equipment and its maintenance (provided as Basic Services). T0. MAINTENANCE COMPONENT PRICE INCREASES. Xerox may annually increase that amount of the Minirnum Lease Payment and Print Charges you are charged for maintenance of the Equipment (the "Maintenance Component"), each such increase not to exceed 10%. (For state and local government customers, this adjustment shall take place at the commencement of each of your annual contract cycles.) 11. TITLE, RISK & RELOCATION. Title to the Equipment shall remain with Xerox until you exercise your option to purchase it. Until you exercise your option to purchase the Equipment, you agree that: (a) it shall remain personal property; (b) you will not attach any of it as a fixture to any real estate; (c) you will not pledge, sub-lease or part with possession of it or file or permit to be filed any lien against it; and, (d) you will not make any permanent alterations to it. The risk of loss due to your fault or negligence, as well as thefr, fire or disappeazance, shall pass to you upon shipment from a Xerox controlled facility. The risk of loss due to all other causes shall remain with Xerox unless and until you exercise your option to purchase the Equipment. Until title passes to you, all Equipment relocations must be arranged (or approved in advance) by Xerox and shall be at your expense. While Equipment is being relocated, you are responsible for all payments required to Xerox under this Agreement. Equipment cannot be relocated outside of the United States, its territories or possessions until you have exercised the Purchase Option indicated in this Agreement. ff you acquire title to the Equipment, you must comply with all applicable laws and regulations regarding the export of any commodity, technology and/or software. All parts/materials replaced, including as part of an upgrade, will become Xerox's property. 12. DEFAULT & REMEDIES; LATE CHARGES & COLLECTION COSTS. A. For any payment not received by Xerox within ten (]0) days of the due date as set forth herein, Xerox may charge, and you agree to pay, a late chazge equal to the higher of five percent (5%) of the amount due or $25 (not to exceed the maximum amount permitted by law) as reasonable collection costs. B. You will be in default under this Agreement if (1) Xerox does not receive any payment within fifteen (15) days after the date it is due or (2) if you breach any other obligation hereunder. If you default, Xerox, in addition to its other remedies (including the cessation of Basic Services), may require immediate payment, as liquidated damages for loss of bazgain and no[ as a penalty, of: (a) all amounts then due, plus interest on all amounts due from the due date until paid at the rate of one and one-half percent (1.5%) per month (not to exceed the maximum amount permitted by law); (b) the remaining Minimum Lease Payments in the Agreement's term less any unearned fmance, maintenance, and supply charges (as reflected on the lessor's books and records); (c) a reasonable disengagement fee calculated by Xerox that will not exceed fifreen percent (15%) of the amount in (b) above (said amount is available from Xerox upon request); and (d) all applicable Taxes. You also shall either (1) make the Equipment available for removal by Xerox when requested to do so by Xerox and, at the time of removal, the Equipment shall be in the same condition as when delivered (reasonable wear and teaz excepted), together with any related sofrwaze, or (2) purchase the Equipment "AS IS, WHERE IS" and WITHOUT ANY WARRANTY AS TO CONDITION OR VALUE by paying Xerox the Purchase Option and all applicable Taxes. Xerox's decision to waive or forgive a particulaz default shall not prevent Xerox from declaring any other default. in addition, if you default under this Agreement, you agree to pay all of the costs Xerox incurs to enforce its rights against you, including reasonable attorneys' fees and actual costs. 13. CARTRIDGES. Cartridges packed with Equipment and replacement Cartridges may be new, remanufactured or reprocessed. Remanufactured and reprocessed Cartridges meet Xerox's new Cartridge performance standards and contain new and/or reprocessed components. To enhance print quality, the Cartridge(s) for many models of Equipment have been designed to cease functioning at a predetermined point. In addition, many Equipment models are designed to function only with Cartridges that are newly manufactured original Xerox Cartridges or with Cartridges intended for use in the U.S. Equipment configuration that permits use of non-newly manufactured original Xerox Cartridges may be available from Xerox at an additional chazge. Cartridges sold as Environmental Partnership ("EP") Cartridges remain the property of Xerox. You agree that you shall return all EP Cartridges and may return other Cartridges to Xerox, at Xerox's expense when using Xerox-supplied shipping labels, for remanufacturing once such Cartridges cease functioning. 14. EQUIPMENT STATUS. Unless you are acquiring Previously Installed Equipment, Equipment will be either (a) "Newly Manufactured", which may contain some recycled components that are reconditioned; (b) "Factory Produced New Model", which is manufactured and newly serialized at a Xerox factory, adds functions and features to a product previously disassembled to a Xerox predetermined standard, and contains both new components and recycled components that are reconditioned; or, (c) "Remanufactured", which has been factory produced following disassembly to a Xerox predetermined standard and contains both new components and recycled components that aze reconditioned. 15. LEASE OPTIONS. The following options aze available for Equipment subject to this Agreement. A. PURCHASE OPTION. ff not in default, you may purchase the Equipment, "AS IS, WHERE-IS" and WITHOUT ANY WARRANTY AS TO CONDITION OR VALUE: (i) at the end of the lease term for the Purchase Option indicated on the face of this Agreement (i.e. either a set dollar amount or the Farr Mazket Value of the Equipment at the lease term's conclusion ["FMV"J), plus all applicable Taxes, or (ii) any time during the lease term by paying: (I) all amounts then due; (2) the remaining Minimum Lease Payments in the Agreement's term less any unearned fmance, maintenance, and supply charges (as reflected on the lessor's books and records); (3) a reasonable disengagement fee calculated by Xerox that will not exceed fifreen percent (15%) of the amount in (2) above (said amount is available from Xerox upon request); (4) the applicable Purchase Option; and (5) all applicable Taxes. B. RENEWAL. Unless either party provides notice at least thirty (30) days before the end of the lease term of its intention not to renew this Agreement, it will be renewed automatically on a month-to-month basis at the same price, terms and conditions and billing frequency as the original Agreement. During this renewal period, either party may terminate this Agreement upon at least thirty (30) days notice. C. LEASE TERMINATION. Upon termination pursuant to B. above, and if you have not purchased the Equipment, you shall make the Equipment available for removal by Xerox when requested to do so by Xerox and, at the time of removal, the Equipment shall be in the same condition as when delivered (reasonable wear and tear excepted), together with any related software. 16. PROTECTION OF XEROX'S RIGHTS. You hereby authorize Xerox or its agents to file, by any permissible means, fmancing statements necessary to protect Xerox's rights as the Equipment Lessor. Xerox, on your behalf and at your expense, may take any action required to be taken by you under this Agreement that you fail [o take. 17. REPRESENTATIONS, WARRANTIES & COVENANTS. Each party represents that, as of the date of this Agreement, it has the lawful power and authority to enter into this Agreement, the individuals signing this Agreement are duly authorized to do so on its behalf and, by entering this Agreement, it will not violate any law or other agreement to which it is a parry. You are not aware of anything that will have a material negative effect on your ability to satisfy your payment obligations under this Agreement and all fmancial information you have provided, or will provide, to Xerox is true and accurate and provides a good representation of your financial condition. Each party agrees that it will promptly notify the other party in writing of a change in ownership, if it relocates its principal place of business or changes the name of its business. 18. NOTICES. Notices must be in writing and will be deemed given five (5) days afer mailing, or two (2) days after sending by nationally recognized overnight courier, to the other party's business address, or to such other address designated by either party to the other by written notice given pursuant to this sentence. The term "business address" shall mean, for you, the "Bill to" address listed on the fast page of this Agreement and, for Xerox, our inquiry address set forth on the most recent invoice to you. 19. FORCE MAJEURE. Xerox shall not be liable to you during any period in which its performance is delayed or prevented, in whole or in part, by a circumstance beyond its reasonable control, which circumstances include, but are not limited to, the following: act of God (e.g., flood, eazthquake, wind); fire; war; act of a public enemy or terrorist; act of sabotage; strike or other labor dispute; riot; misadventure of the sea; inability to secure materials and / or transportation; or, a restriction imposed by legislation, an order or a rule or regulation of a governmental entity. If such a circumstance occurs, Xerox shall undertake reasonable action to notify you of the same. 20. MISCELLANEOUS. This Agreement constitutes the entire agreement as to its subject matter, supersedes all prior and contemporaneous oral and written agreements, and shall be construed under the laws of the State of New York (without regard to conflict-of--law principles). You agree to the jurisdiction and venue of the federal and state couRs is Monroe County, New York. In any action to enforce this Agreement, the parties agree to waive their right to a jury trial. If a Xerox Form# 51860t&c (05/2005) 4/30/2007 Page 4 Of 7 • court fmds any term of this Agreement to be unenforceable, the remaining terms of this Agreement shall remain in effect. Both parties may retain a reproduction (e.g., electronic image, photocopy, facsimile) of this Agreement which shall be admissible in any action to enforce it, but only the Agreement held by Xerox shall be considered an original. Xerox may accept this Agreement either by its authorized signature or by commencing performance (e.g., Equipment delivery, initiating Basic Services, etc.). All changes to this Agreement must be made in a writing signed by both parties; accordingly, any temrs on your ordering documents shall be of no force or effect. The following four sentences control over every other part of this Agreement and over all other documents now or later pertaining [o this Agreement. We both intend [o comply with applicable laws. Tn no event will Xerox chazge or collect any amounts in excess of those allowed by applicable law. Any part of this Agreement that would, but for this Section, be read under any circumstances [o allow for a charge higher than that allowed under any applicable legal limit, is limited and modified by this Section to limit the amounts chazgeable under this Agreement to the maximum amount allowed under the legal limit. ff, in any circumstances, any amount in excess of that allowed by law is chazged or received, any such charge will be deemed limited by the amount legally allowed and any amount received by Xerox in excess of that legally allowed will be applied by us to the payment of amounts legally owed under this Agreement, or refunded to you. SOFTWARE TERMS: The following additional terms apply only to transactions covering Application Software and/or Xerox-brand Equipment: 2i. SOFTWARE LICENSE. The following terms apply to copyrighted software and the accompanying documentation, including, but not limited to, operating system software, provided with or within the Xerox-brand Equipment acquired hereunder ("Base Software") as well as software specifically set out as "Application Software" on the face of this Agreement. This license does not apply to any Diagnostic Software or to any software /documentation accompanied by a clickwrap or shrinkwrap license agreement or otherwise made subject to a separate license agreement. A. Xerox grants you anon-exclusive, non-transferable license to use the Base Software within the United States, its territories, and possessions (the "United States") only on or with the Equipment with which (or within which) it was delivered. For Application Software, Xerox grants you anon-exclusive, non- transferable license to use this software within the'United States on any single unit of equipment for as long as you aze current in the payment of any indicated software license fees (including any Annual Renewal Fees). You have no other rights to the Base or Application Softwaee and, in particulaz, may not: (1) distribute, copy, modify, create derivatives of, decompile, or reverse engineer this software; (2) activate any software delivered with or within the Equipment in an unactivated state; or, (3) allow others to engage in same. Title to the Base and Application Software and all copyrights and other intellectual property rights in it shall at all times reside solely with Xerox and/or its licensors (who shall be considered third-party beneficiaries of this Agreement's software and limitation of liability provisions). Base and Application Software may contain, or be modified to contain, computer code capable of automatically disabling proper operation or functioning of the Equipment Such disabling code may be activated if: (a) Xerox is denied reasonable access to the Base or Application Softwaee to periodically reset such code; (b) you are notified of a default under any term of this Agreement; or, (c) your license is terminated or expires. B. Xerox may terminate your license for any Base Softwaee (1) immediately if you no longer use or possess the Equipment or are a lessor of the Equipment and your first lessee no longer uses or possesses it, or (2) upon the termination of any agreement under which you have rented or leased the Equipment. C. If you transfer possession of the Equipment after you obtain title to it, Xerox will offer the transferee a license to use the Base Software within the United States on or with it, subject to Xerox's then-applicable terms and license fees, if any, and provided the transfer is not in violation of Xerox's rights. D. Xerox warrants that the Base and' Application Software will perform in material conformity with its user documentation for a ninety (90) day period from the date it is delivered or, for software installed by Xerox, the date of software installation. Neither Xerox nor its licensors warrant that the Base or Application Software will be free from errors or that its operation will be unintemrpted. 22. SOFTWARE SUPPORT. During the period that Xerox (or a designated servicer) provides Basic Services for the Equipment but in no event longer than five (5) years after Xerox stops taking orders from customers for their acquisition of the subject model of Equipment, Xerox (or a designated servicer) will also provide software support for the Base Software under the following terms. For Application Softwaee licensed pursuant to this Agreement, Xerox will provide software support under the following terms provided you are current in the payment of all Initial License and Annual Renewal Fees (or•, for programs not requiring Annual Renewal Fees, the payment of the Initial License Fee and the annual ``Support Only" Fees). A. Xerox will assure that Base and Application Software performs in material conformity with its user documentation and will maintain atoll-free hotline during standazd business hours to answer related questions. B. Xerox may make available new releases of the Base or Application Software that primarily incorporate coding error fixes and are designated as "Maintenance Releases". Maintenance Releases aze provided at no charge and must be implemented within six (6) months after being made available to you. Each new Maintenance Release shall be considered Base or Application Software governed by these Software Terms. New releases of the Base or Application Software that are not Maintenance Releases, if any, may be subject to additional license fees at Xerox's then-current pricing and shall be considered Base or Application Software governed by these Software Terms (unless otherwise noted). Xerox will not be in breach of its software support obligations hereunder if, in order to implement, in whole or in part, a new release of Base or Application Software provided or made available to you by Xerox, you must procure, at your expense, additional hardware and/or software from Xerox or any other entity. You agree to return or destroy all prior releases. C. Xerox will use reasonable efforts, either drrectly and/or with its vendors, to resolve coding errors or provide workazounds or patches, provided you report problems as specified by Xerox. D. Xerox shall not be obligated (1) to support any Base or Application Softwaee that is two or more releases older than Xerox's most current release or (2) to remedy coding errors if you have modified the Base or Application Software. E. For Application Software, Xerox may annually increase the Annual Renewal and Support-Only Fees, each such increase not to exceed 10%. (For state and local- govemment customers, this adjustment shall take place at the commencement of each of your annual contract cycles.) 23. DIAGNOSTIC SOFTWARE. Software used to maintain the Equipment and/or diagnose its failures or substandard performance (collectively "Diagnostic Software") is embedded in, resides on, or may be loaded onto the Equipment. The Diagnostic Software and method of entry or access to it constitute valuable trade secrets of Xerox. Title to the Diagnostic Software shall at all times remain solely with Xerox and/or Xerox's licensors. You agree that (a) your acquisition of the Equipment does not grant you a license or right to use the Diagnostic Softwaee in any manner, and (b) that unless separately licensed by Xerox to do so, you will not use, reproduce, distribute, or disclose the Diagnostic Software for any purpose (or allow third parties to do so). You agree at all times (including subsequent to the expiration of this Agreement) to allow Xerox to access, monitor, and otherwise take steps to prevent unauthorized use or reproduction of the Diagnostic Software. GOVERNMENT CUSTOMER TERMS; The following additional terms apply only to lease transactions with state and local government customers: 24. REPRESENTATIONS & WARRANTIES, FUNDING, TAX TREATMENT & PAYMENT. A. REPRESENTATIONS & WARRANTIES. You hereby represent and wazrant, as of the date of this Agreement, that: (1) you are a State or a fully constituted political subdivision or agency of the State in which you are located and are authorized to enter into, and cant' out, your obligations under this Agreement and any other documents required to be delivered in connection with the Agreement (collectively, the "Documents"); (2) the Documents have been duly authorized, executed and delivered by you in accordance with all applicable laws, rules, ordinances and regulations (including, but not limited to, all applicable laws governing open meetings, public bidding and appropriations required in connection with this Agreement and the acquisition of the Equipment) and are valid, legal, binding agreements, enforceable in accordance with their terms and the person(s) signing the Documents have the authority to do so, are acting with the full authorization of your governing body and hold the offices indicated below their signatures, each of which are genuine; (3) the Equipment is essential to the immediate performance of a governmental or proprietary function by you within the scope of your authority and shall 6e used during the lease term only by you and only to perform such function; and, (4) your obligations to remit payments under this Agreement constitute a current expense and not a debt under applicable state law and no provision of this Agreement constitutes a pledge of your tax or general revenues and any provision that is so constnred by a court of competent jurisdiction is void from the inception of this Agreement. B. FUNDING. You represent and warrant that all payments due and to become due during your current fiscal yeaz are within the fiscal budget of such year and are included within an unrestricted and unencumbered appropriation currently available for the leaselpurchase of the Equipment, and that it is your intent to use the Equipment for the entire lease term and to make all payments required under this Agreement. In the event that (1) through no action initiated by you your legislative body does not appropriate funds for the continuation of this Agreement for any fiscal yeaz after the fast fiscal year and has no funds to do so from other sources, and (2) you have made a reasonable but unsuccessful effort to fmd a creditworthy Xerox Form# 51860[&c (05/2005) 4/30/2007 Page 5 Of 7 assignee acceptable to Xerox in its sole discretion within your general organization who can continue this Agreement, this Agreement may be terminated. To effect this termination, you shall, thirty (30) days prior to the beginning of the fiscal yeaz for which your legislative body does not appropriate funds for such upcoming fiscal year, send Xerox written notice stating that your legislative body failed to appropriate funds and that you have made the required effort to fmd an assignee. Your notice must be accompanied by payment of all sums then owed through the current year to Xerox under this Agreement and must certify that the canceled Equipment is not being replaced by equipment performing similaz functions during the ensuing fiscal year. In addition, you agree at your expense to return the Equipment in good condition to a location designated by Xerox and that, when returned, the Equipment will be free of all liens and encumbrances. You will then be released from your obligations to make any further payments to Xerox beyond those due for the current fiscal year (with Xerox retaining all sums paid to date). C. TAX TREATMENT. This Agreement has been accepted on the basis of your representation that Xerox may claim any interest paid by you as exempt from federal income tax under Section ] 03(c) of the Code. You agree to comply with the information reporting requirements of Section 149(e) of the Code. Such compliance shall include, but not be limited to, the execution of 8038-G or 8038-GC Information Returns. You hereby appoint Xerox as your agent to maintain, and Xerox agrees to maintain, or cause to be maintained, a complete and accurate record of all assignments of this Agreement in form sufficient to comply with the book entry requirements of Section 149(a) of the Code and the regulations prescribed thereunder from time to time. Should Xerox lose the benefit of this exemption as a result of your failure to comply with or be covered by Section 103(c) or its regulations, then, subject to the availability of funds and upon demand by Xerox, you shall pay Xerox an amount equal to its loss in this regard. At the time of execution of this Agreement, you shall provide Xerox with a properly prepared and executed copy of US Treasury Form 8038 or 8038-GC. D. PAYMENT. Your payment is due within thirty (30) days of our invoice date. ADDITIONAL TERMS: The following additional terms apply only to the extent that you have agreed to one or more of the options described below: 25. CONSUMABLE SUPPLIES INCLUDED INBASE/PRINT CHARGES. If [his option has been selected, Xerox (or a designated servicer) will provide you with black toner (excluding highlight color toner), black developer, copy Cartridges, and, if applicable, fuser ("Consumable Supplies") throughout the term of this Agreement. For full-color Equipment, Consumable Supplies shall also include, as applicable, color toner and developer. You agree that the Consumable Supplies are Xerox's property until used by you, that you will use them only with the Equipment, that you will return all Cartridges to Xerox for remanufacturing once they have been tun to their cease-function point (at Xerox's expense when using Xerox- supplied shipping labels), and that at the end of the term of this Agreement either (a) you will return any unused Consumable Supplies to Xerox (at Xerox's expense when using Xerox-supplied shipping labels)or (b) destroy them in a manner permitted by applicable law. Should your use of Consumable Supplies exceed Xerox's published yields for these items by more than 10%, you agree that Xerox shall have the right to chazge you for any such excess usage. When requested by Xerox, you agree to provide meter readings and inventory of Consumable Supplies in your possession. 26. REPLACEMENT /MODIFICATION OF PRIOR XEROX AGREEMENT. >f this option has been selected, this Agreement will ceplace or modify a prior agreement between you and Xerox covering the specified equipment. If it is a replacement agreement, the prior agreement shall be null and void. ff it is a modification, the prior agreement shall remain in effect except that any terms presented in this modification agreement that conflict with, or are additive to, any of the terms in the prior agreement shall take precedence over the terms in the prior agreement for the balance of the Agreement. In addition, modifications requiring a reamortization of your payments may include a onetime administrative/processing charge that will appear on your fast bill under this revised arrangement. 27. XEROX AS FINANCIAL INTERMEDIARY. If this option has been selected, you are leasing specifically identified products that were selected by you and that aze not sold by Xerox in the normal course of its business. If you have signed a purchase contract for such products, by signing this Agreement you assign your rights but none of your obligations under such purchase contract to Xerox. With regard to these products, you agree that Xerox is leasing them to you "AS IS, WHERE IS" and that XEROX HAS NOT MADE, AND YOU HEREBY WAIVE, ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR NON-INFRINGEMENT, and (b) ANY REPRESENTATION OR WARRANTY REGARDING THE PRODUCTS' SUTTABII.TTY, DESIGN, CONDITION, DURABILITY, OPERATION, QUALITY OF MATERIALS OR WORKMANSHIP, OR COMPLIANCE WITH SPECIFICATIONS OR APPLICABLE LAW. Xerox assigns to you, to the extent assignable, any warranty • rights it has to these products (which rights shall revert to Xerox if you breach this Agreement). You agree (1) that these products are not covered by Xerox's obligation to provide Basic Services; (2) to maintain a service agreement for these products with a service provider acceptable to Xerox throughout this Agreement's term; (3) to pay all personal property taxes related to these products; and (4) to assign to Xerox any rights you have to these products until title passes from Xerox to you (which, subject [o any softwaze licenses surrounding the acquisition of these products, shall occur when you obtain title to all Xerox-brand Equipment covered by this Agreement). 28. FINANCED SOFTWARE TOTAL. If this option has been selected, the initial license fees for any Application Software set forth in this Agreement shall be paid for through your Minimum Lease Payments. If you breach this license or any of your obligations regarding the Equipment, the full amount of the initial license fees shall be immediately due and payable. 29. FINANCED SUPPLIES TOTAL. If this option has been selected, the cost of any supplies you have purchased under this Agreement shall be paid for through your Minimum Lease Payments. If you breach any of your obligations regarding the Equipment, the full amount of the supply costs shall become immediately due and payable. 30. REFINANCE OF PRIOR AGREEMENT. If this option has been selected, the balance of your prior indicated agreement with Xerox or a third party shall be paid for through your Minimum Lease Payments. If your prior agreement is with a third party, you hereby acknowledge that you have the right to terminate the agreement and agree to provide a statement from the third-party identifying the equipment at issue and the amount to be paid off (as well as a statement from you identifying the payee and mailing address for your payoff check). If your prior agreement was with Xerox, the use of this refmance option shall render your prior agreement null and void. If you breach this Agreement, the full amount of your prior agreement balance shall be immediately due and payable. 31. ADJUSTMENT PERIOD. If this option has been selected, your Minimum Lease Payment and/or Print Charges shall be adjusted in accordance with the information contained in the Adjustment Period portion of this Agreement; as a result, your initial payment(s) shall be different from those payable during the balance of this Agreement. 32. K-16 BILLING SUSPENSION. If this option has been seiected, the Maintenance Component of your Minimum Lease Payment and Print Chazges will be suspended each year during the months indicated. During these months, you agree that you will not use the Equipment and that Xerox shall not be responsible for providing Basic Services on it. ff Xerox provides Basic Services during the K- 16 Billing Suspension period, you will be billed at Xerox's then-current Time and Materials (`"I'&M") rates for such Basic Services. 33. TRADE-IN EQUIPMENT. If this option has been selected, you aze providing equipment to Xerox as part of this Agreement ('°I'rade-In Equipment") and the following shall apply: A. TITLE TRANSFER. You warrant that you have the right to transfer title to the Trade-In Equipment and that it has been installed and performing its intended function. Title and risk of loss to the Trade-In Equipment shall pass to Xerox when Xerox removes it from your premises. B. CONDITION. You warrant that the Trade-In Equipment is in good working order, has not been modified from its original configuration (other than by Xerox), and has a UL label attached. You agree to maintain the Trade-In Equipment at its present site and in substantially its present condition until removed by Xerox. C. ACCRUED CHARGES. You agree to pay all accrued chazges for the Trade-In Equipment (up to and including payment of the Final Principal Payment Number) and to pay all maintenance, administrative, supply and finance chazges for this equipment through the date title passes to Xerox. 34. RUN LENGTH PLAN. If this option has been selected, the first ten prints of each original (per run) aze recorded and billed on both meters with all subsequent prints recorded and billed on Meter A only. 35. FD{ED PRICE PLAN. If this option has been selected, Xerox will forego its right to increase the Maintenance Component throughout the initial term of this Agreement. 36. PER-FOOT PRICING. ff this option has been selected, all Print Chazges will be billed on a per-foot basis, with each lineaz or square foot, as applicable, equal to one print. 37. EXTENDED SERVICE HOURS. If this option has been selected, Xerox will provide Basic Services during the hours indicated, with the fvst number establishing the number of eight-hour shifts covered and the second establishing the days of the week (e.g., 2 x 6 would provide service from 8:00 A.M. to 11:59 P.M., Monday through Saturday). The cost of this enhanced service coverage will be Xerox Form# 51860[&c (05/2005) 4/30/2007 Page 6 of 7 -.~ ~ • billed separately and, as such, is not included in your Minimum Lease Payment or Print Charges. 38. ATTACHED ADDENDA. If this option has been selected, you acknowledge that one or more specified addenda (as indicated) have been provided to you. These addenda, which provide additional terms relevant to the transactions covered hereunder, are hereby fully integrated into this Agreement. 39. NEGOTIATED CONTRACT. ff this option has been selected, the Products identified in this Agreement are subject solely to the terms contained in (a) either (1) the identified Negotiated Contract for a lease transaction or (2) if there are no such terms in the Negotiated Contract, the terms set forth in this Agreement, and, if applicable and notwithstanding anything to the contrary set forth in the Negotiated Contract, (b) the "Additional Terms" portion of this Agreement for the selected option or options to the extent the subject matter of any such selected option is not addressed in the Negotiated Contract. 40. DSA CONTRACT NUMBER. If a DSA Contract Number has been inserted, the Equipment and/or software identified in this Agreement are associated with the Services being provided under the referenced Document Services Agreement ("DSA"), but such Equipment and/or software are subject solely to the terms contained in this Agreement. For customer support tools to manage your account online, visit your Account Management link @ www.xerox.com Xerox Form# 51860t&c (05/2005) 4/30/2007 Page 7 Of 7 ~.. LEASE AGREEMENT Full Legal Name Customer Name (Bill to) CITY OF MERIDIAN DBA/Name Overflow Street Address 3401 NO TEN MILE_ Box#/Routing City, State MERIDIAN, ID Zip Code 83642-5409 Tax ID# x Customer Name (Install) CITY OF MERIDIAN DBA/Name Overflow (if req'd) Installed at Street Address 3401 NO TEN MILE RD Floor/Room/Routing City, State MERIDIAN, ID Zip Code 83642-5409 County Installed In ada Customer Requested Install Date 05/15/2007 Lease Payment Informa tion Min. Lease Payment Frea. Product (with serial number, if in place equipment) Purchase O tion Down Pa ent Prev Install Fin'1 Interm WSOSOPH W5050 PRNT W/HCF FM~I 1 SSOFCFIN 1 CONVSTAPL 1 WSCNPK Customer Ed Anal s[ Services a ~su.aa : MllVIMUM Ll:ASLr' PAYMENT (excl. of applic. taxes) Price Information ^ Adiastment Period Periodic Base Chazge 230.68 Print Chazge Meter L• Prints 1 - + ' 0.0060 Prints - Prints - Print Chazge Meter 2: Prints 1 - $ Prints - Manufacturer (periodic, excluding excess meter charges) ^ Monthly ^Quarterly Semi-Annual ^Annual ^ Other Min. Lease Payment Mode ^Advance ^ Arrears Period A -Mos. Affected: - Period B -Mos. Affec Periodic Base Chazge Periodic Base Chazge Print Charge Meter 1: Print Chazge Meter 1: Prints 1 - Prints 1 - Prints - Prints - Prints - p~~ _ Print Charge Meter 2: Print Chazge Meter 2: Prints 1 - Prints 1 - Prints - ~ $ Prints - Periodic Min.# of Prints Periodic Min.# of Prints (based on Meter 1 Print Chazges) (based on Meter 1 Print Chazges) ^ A lication Software Softwaze Title ilia! License Fee ual Renewal Fee ^ C h ^ Fi ^ S as nance u ort Onl. Total Initial License Fees = ^ K-16 Billing Additional ODtlons (check all that aanly) Final Allowance Suspension ^ Run Length Plan OFixed Price Plan al Pa went #: (check 1 as required) ^ per-Foot Pricing Months affected ^ June only July only ^ August only ^ Extended Service Hours: Description: / $ 0 mo. ^ Attached Addenda: • ~;~ ~~~~ Check all that apply ^ Assoc./Coop. Name: Negotiated Contract #:07144fi70'i ^ DSA Contract # ^Value Added Services: ^ Attached Customer P.O. #s: Supplies: Lease: ^x State or Local Government Customer Int. Rate: % _ Total Int. Payable: $ V Replacemenf/Modification of Prior Xerox Agreement Agreement covering Xerox Equipment Serial# (or 95#): is hereby ^ modified ^ replaced Effective Date: Comments: Lease Information Lease Term : 60 months OSupplies included in BaselPrint Chazges ^ Refin. of Prior Agrmt.: ^ Xerox (95#): ^ 3rd party Eq. Amt Refm: $ Int Rate: % Total Int Payable: $ Total Allowance Applied to: I ^Trade-In Equip. Balance: ^ June -July ^ Other Addenda: ^Price of Replcmnt. Equip.: ^ July -August Agreement Presented By: J Xerox Name: Michelle Barsness Phone:(208)384-5954 FOR AUTHORIZED HQ INTERNAL USE ONLY: 1 ~' Accepted: Xerox Comoration By: (Signtriure ofAenlu>ried S'igrrer) Title~_ _ Dace: Worksheet: H24637 Unit: l 4!30/2007 11:28:26 www.xerox.com Xerox Form# 51860 (05/2005) CUSTOMER ACKNOWLEDGES RECEIPT OF THE TERMS OF THIS AGREEMENT (CONSISTING OF 6 PAGES INCLUDING THI FACE PAGEI Auth.SignerName: TammyDeWeerd ,~~~~ttTlll~i~, Signature: Auth. Signer Title: (//~;Zl~f/,l^~s^ E-Mail: _' ®Tax Exempt (*Mustpttach Sales Tax ~~ 4/30/2007 i 6~ Cj~ ~~, T I~1 ~~: ~ ~ ~\~ ' ~ -~~~ ///11111 H n tt,,,~~\, renootc Mm.# of I'nttts (based on Meter 1 Print Chazges) ~J GENERAL TERMS: The following terms apply to all lease transactions: 1. PRODUCTS. The term "Products" shall refer collectively to all equipment (the "Equipment"), software, and supplies ordered under this Agreement. You represent that the Products aze being ordered for your own business use (rather than resale) and that they will not be used for personal, household or family purposes. 2. NON-CANCELABLE LEASE. THIS AGREEMENT IS A LEASE AND iT CANNOT BE CANCELED OR TERMINATED EXCEPT AS EXPRESSLY PROVIDED HEREIN, AND YOUR OBLIGATION TO MAKE ALL PAYMENTS DUE OR TO BECOME DUE SHALL BE ABSOLUTE AND UNCONDITIONAL AND SHALL NOT BE SUBJECT TO ANY DELAY, REDUCTION, SET-OFF, DEFENSE, COUNTERCLAIM OR RECOUPMENT FOR ANY REASON WHATSOEVER, IRRESPECTNE OF XEROX'S PERFORMANCE OF TfS OBLIGATIONS HEREUNDER. ANY CLAIM AGAINST XEROX MAY BE ASSERTED SOLELY AGAINST XEROX IN A SEPARATE ACTION. 3. LEASE COMMENCEMENT, PAYMENT, TAXES & CREDIT HISTORY. A. The lease term for this Agreement shall commence upon installation of the Equipment; provided, however, for customer-installable Equipment, the lease term for this Agreement shall commence upon delivery of the Equipment. B. Invoices are payable upon receipt and you agree to pay Xerox each Minimum Lease Payment, all Print Charges and all other sums due as follows: (i) if the invoice displays a due date, payment is due and must be received by Xerox on or before said due date, or (ii) if the invoice does not display a due date, payment is due and must be received by Xerox no later than thirty (30) days after the invoice date. Restrictive covenants on instruments or documents submitted for or with payments you send to Xerox will not reduce your obligations. C. You shall be responsible for any and all applicable Taxes, which will be included in Xerox's invoice unless you provide proof of your tax exempt status. "Taxes" shall mean any tax, assessment or chazge imposed or collected by any governmental entity or any political subdivision thereof, however designated or levied, imposed on this Agreement or the amounts payable to Xerox by you for the billing of Products, Print Chazges, services and maintenance of any kind; Taxes include, but aze not limited to, sales and use, rental, excise, gross receipts and occupational or privilege taxes, plus any interest and/or penalty thereon, but excluding any personal property taxes and taxes on Xerox's net income. If a taxing authority deternunes that Xerox did not collect all applicable Taxes, you shall remain liable to Xerox for such additional Taxes. D. You, to the extent required by applicable law, authorize Xerox (or its agent) to obtain credit reports, make such other credit inquiries as Xerox may deem necessary at any time, famish payment history information to credit reporting agencies, and release to prospective assignees of this Agreement or any rights hereunder credit- related information Xerox has about you and this Agreement. 4. BASIC SERVICES. As a mandatory part of a lease, Xerox (or a designated servicer) will provide the following Basic Services under this Agreement (unless you aze acquiring Equipment for which Xerox does not offer Basic Services; such Equipment to be designated as "No Svc."): A. REPAIIZS & PARTS. Xerox will make repairs and adjustments necessary to keep Equipment in good working order (including such repairs or adjustments required during initial installation). Parts required for repair may be new, reprocessed, or recovered. B. HOURS 8c EXCLUSIONS. Unless otherwise stated, Basic Services will be provided during Xerox's standard working hours .(excluding Xerox-recognized holidays) in azeas within the United States, its territories, and possessions open for repair service for the Equipment at issue. You agree to give Xerox reasonable access to the Equipment. Basic Services shall cover repairs and adjustments required as a result of normal weaz and teaz or defects in materials or workmanship (and shall exclude repairs or adjustments Xerox determines to relate to or be affected by the use of options, accessories, or other connected products not serviced by Xerox, as well as any non-Xerox alterations, relocation, service, supplies, or consumables). You agree to use Equipment in accordance with, and to perform all operator maintenance procedures for Equipment as set forth in, the applicable manuals provided by Xerox. C. INSTALLATION SI'Z'E & METER READINGS. The Equipment installation site must conform to Xerox's published requirements throughout the term of this Agreement. If applicable, you agree to provide meter readings in the manner prescribed by Xerox. If you do not provide Xerox with meter readings as required, Xerox may estimate them and bill you accordingly. D. EQUIPMENT REPLACEMENT. If Xerox is unable to maintain the Equipment as described above, Xerox will, as your exclusive remedy for Xerox's failure to provide Basic Services, replace the Equipment with an identical product or, at Xerox's option, another product of equal or greater capabilities. If a replacement product is provided pursuant to this Section, there will not be an additional chazge for the replacement product and, except as set forth in the section of this Agreement titled "MAINTENANCE COMPONENT PRICE INCREASES", there will not be an additional charge for Basic Services during the then-current term during which Basic Services are being provided. E. CARTRIDGE PRODUCTS. If Xerox is providing Basic Services for Equipment utilizing cartridges designated by Xerox as customer replaceable units, including copy/print cartridges and xerographic modules or fuser modules ("Cartridges"), you agree to use only unmodified Cartridges purchased directly from Xerox or its authorized resellers in the United States and the failure to use such Cartridges shall void any warranty applicable to such Equipment. F. PC/WORKSTATION REQUIltEMENTS. in order to receive Basic Services and/or Software Support for Equipment requiring connection to a PC or workstation, you must utilize a PC or workstation that either (1) has been provided by Xerox or (2) meets Xerox's published specifications. G. DELNERY AND REMOVAL. Xerox will be responsible for all standard delivery and removal charges. You will be responsible for any non-standard delivery or removal charges incurred. 5. WARRANTY DISCLAIMER & WANERS. XEROX DISCLAIMS, AND YOU WANE, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. The parties intend this Agreement to be a "finance lease" under Article 2A of the Uniform Commercial Code. Except to the extent expressly provided, herein and to the extent pemritted by applicable law, you waive all rights and remedies conferred upon a lessee by said Article. 6. INTELLECTUAL PROPERTY INDEMNITY. Xerox, at its expense, will defend you from, and pay any settlement agreed to by Xerox or any final judgment for, any claim that aXerox-brand Product infringes a third party's U.S. intellectual property rights, provided you promptly notify Xerox of the alleged infringement and permit Xerox to direct the defense. Xerox is not responsible for any non-Xerox litigation expenses or settlements unless it preapproves them in writing. To avoid infringement, Xerox may modify or substitute an equivalent Xerox-brand Product, refund the price paid for the Xerox-brand Product (less the reasonable rental value for the period it was available to you), or obtain any necessary licenses. Xerox is not liable for any infringement-related liabilities outside the scope of this Section including, but not limited to, infringement based upon aXerox-brand Product being modified to your specifications or being used or sold with products not provided by Xerox. 7. LIMITATION OF LIABILITY. Xerox shall not be liable to you for any direct damages in excess of $10,000 or the amounts paid hereunder, whichever is greater, and neither party shall be liable [o the other for any special, indirect, incidental, consequential or punitive damages arising out of or relating to this Agreement, whether the claim alleges tortious conduct (including negligence) or any other legal theory. The above-stated limitation of liability shall not be applicable to any specific indemnification obligations set forth in this Agreement. Any action you take against Xerox must be commenced within two (2) years after the event that caused it. 8. ASSIGNMENT. A. If you wish to assign any rights or obligations under this Agreement, you shall provide a written notice to Xerox of such request for consent, with said notice including the name of the proposed assignee. Your request to assign this Agreement will be granted by Xerox if: (1) you are not in default under this Agreement or any other agreement with Xerox; (2) the proposed assignee agrees to the section of this Agreement titled "LEASE COMMENCEMENT, PAYMENT, TAXES & CREDIT HISTORY" as applicable to it, for the purposes of the proposed assignment; (3) the proposed assignee meets Xerox's then current credit criteria for similaz transactions as determined by Xerox in its sole discretion; and, (4) you and the proposed assignee execute a writing, in a form acceptable to Xerox, confirnung said assignment. Assignment by you requires the written consent of Xerox and may not be accomplished by operation of law. B. Xerox may assign this Agreement, in whole or in part, to a parent, subsidiary or affiliate of Xerox, or to a person or entity for the purposes of securitizing a pool of assets or as part of a third party financial transaction without prior notice to you; provided, however, any proposed assignment to a person or entity not identified previously in this sentence shall require your prior written consent. in the event of an assignment pemutted by the preceding sentence, Xerox, without notice to you, may release information it has about you related to this Agreement. Each successive assignee of Xerox shall have all of the rights but none of the obligations of Xerox hereunder. You shall continue to look to Xerox for performance of Xerox's obligations, including the provision of Basic Services, and you hereby waive and release any assignees of Xerox from any such claim relating to or arising from the performance of Xerox's obligations hereunder. You shall not assert any defense, counterclaim or setoff that you may have or claim against Xerox against Xerox Form# 51860t&c (05/2005) 4/30/2007 Page 2 Of 6 any assignees of Xerox. In the event of an assignment by Xerox, you shall remit payments due in accordance with remittance instmctions of the assignee. 9. MINIMUM LEASE PAYMENTS. Each Minimum Lease Payment (which may be billed on more than one invoice) includes a Periodic Base Charge, and may include a Periodic Minimum Number of Prints. The Minimum Lease Payments, along with any additional Print Charges for prints made in excess of the Minimum Number of Prints, cover your cost for the use of the Equipment and its maintenance (provided as Basic Services). I0. MAINTENANCE COMPONENT PRICE INCREASES. Xerox may annually increase that amount of the Minimum Lease Payment and Print Chazges you are charged for maintenance of the Equipment (the "Maintenance Component"), each such increase not to exceed 10%. (For state and local government customers, this adjustment shall take place at the commencement of each of your annual contract cycles.) 11. TITLE, RISK & RELOCATION. Title to the Equipment shall remain with Xerox until you exercise your option to purchase it. Until you exercise your option to purchase the Equipment, you agree that: (a) it shall remain personal property; (b) you will not attach any of it as a fixture to any real estate; (c) you will not pledge, sub-lease or part with possession of it or file or permit to be filed any lien against it; and, (d) you will not make any permanent alterations to it. The risk of loss due to your fault or negligence, as well as theft, fire or disappearance, shall pass to you upon shipment from a Xerox controlled facility. The risk of loss due to all other causes shall remain with Xerox unless and until you exercise your option to purchase the Equipment. Until title passes to you, all Equipment relocations must be arranged (or approved in advance) by Xerox and shall be at your expense. While Equipment is being relocated, you are responsible for all payments required to Xerox under this Agreement. Equipment cannot be relocated outside of the United States, its territories or possessions until you have exercised the Purchase Option indicated in this Agreement. If you acquire title to the Equipment, you must comply with all applicable laws and regulations regarding the export of any commodity, technology and/or software. All parts/materials replaced, including as part of an upgrade, will become Xerox's property. 12. DEFAULT & REMEDIES; LATE CHARGES & COLLECTION COSTS. A. For any payment not received by Xerox within ten (]0) days of the due date as set forth herein, Xerox may charge, and you agree to pay, a late chazge equal to the higher of five percent (5%) of the amount due or $25 (not to exceed the maximum amount permitted by law) as reasonable collection costs. B. You will be in default under this Agreement if (1) Xerox does not receive any payment within fifreen (15) days after the date it is due or (2) if you breach any other obligation hereunder. If you default, Xerox, in addition to its other remedies (including the cessation of Basic Services), may require immediate payment, as liquidated damages for loss of bazgain and not as a penalty, of: (a) all amounts then due, plus interest on all amounts due from the due date until paid at the rate of one and one-half percent (1.5%) per month (not to exceed the maximum amount pemutted by law); (b) the remaining Minimum Lease Payments in the Agreement's term less any unearned finance, maintenance, and supply chazges (as reflected on the lessors books and records); (c) a reasonable disengagement fee calculated by Xerox that will not exceed fifteen percent (15%) of the amount in (b) above (said amount is available from Xerox upon request); and (d) all applicable Taxes. You also shall either (I) make the Equipment available for removal by Xerox when requested to do so by Xerox and, at the time of removal, the Equipment shall be in the same condition as when delivered (reasonable weaz and tear excepted), together with any related software, or (2) purchase the Equipment "AS IS, WHERE IS" and WITHOUT ANY WARRANTY AS TO CONDITION OR VALUE by paying Xerox the Purchase Option and all applicable Taxes. Xerox's decision to waive or forgive a particulaz default shall not prevent Xerox from declaring any other default. In addition, if you default under this Agreement, you agree to pay all of the costs Xerox incurs to enforce its rights against you, including reasonable attorneys' fees and actual costs. 13. CARTRIDGES. Cartridges packed with Equipment and replacement Cartridges may be new, remanufacturrd or reprocessed. Remanufactured and reprocessed Cartridges meet Xerox's new Cartridge performance standards and contain new and/or reprocessed components. To enhance print quality, the Cartridge(s) for many models of Equipment have been designed to cease functioning at a predetermined point. in addition, many Equipment models aze designed to function only with Cartridges that are newly manufactured original Xerox Cartridges or with Cartridges intended for use in the U.S. Equipment configuration that permits use of non-newly manufactured original Xerox Cartridges may be available from Xerox at an additional charge. Cartridges sold as Environmental Parhrership ("EP") Cartridges remain the property of Xerox. You agree that you shall return all EP Cartridges and may return other Cartridges to Xerox, at Xerox's expense when using Xerox-supplied shipping labels, for remanufacturing once such Cartridges cease functioning. 14. EQUIPMENT STATUS. Unless you are acquiring Previously Installed Equipment, Equipment will be either (a) "Newly Manufactured", which may contain some recycled components that are reconditioned; (b) "Factory Produced New Model", which is manufactured and newly serialized at a Xerox factory, adds functions and features to a product previously disassembled to a Xerox predetenmined standard, and contains both new components and recycled components that aze reconditioned; or, (c) 'Remanufactured", which has been factory produced following disassembly to a Xerox predetermined standard and contains both new components and recycled components that are reconditioned. 15. LEASE OPTIONS. The following options are available for Equipment subject to this Agreement. A. PURCHASE OPTION. If not in default, you may purchase the Equipment, "AS IS, WHERE-IS" and WITHOUT ANY WARRANTY AS TO CONDITION OR VALUE: (i) at the end of the lease term for the Purchase Option indicated on the face of this Agreement (i.e. either a set dollar amount or the Fair Market Value of the Equipment at the lease term's conclusion ["FMV"]), plus all applicable Taxes, or (ii) any time during the lease term by paying: (1) all amounts then due; (2) the remaining Minimum Lease Payments m the Agreement's term less any unearned finance, maintenance, and supply charges (as reflected on the lessors books and records); (3) a reasonable disengagement fee calculated by Xerox that will not exceed fifteen percent (15%) of the amount in (2) above (said amount is available from Xerox upon request); (4) the applicable Purchase Option; and (5) all applicable Taxes. B. RENEWAL. Unless either party provides notice at least thirty (30) days before the end of the lease term of its intention not to renew this Agreement, it will be renewed automatically on a month-to-month basis at the same price, terms and conditions and billing frequency as the original Agreement. During this renewal period, either party may terminate this Agreement upon at least thirty (30) days notice. C. LEASE TERMINATION. Upon termination pursuant to B. above, and if you have not purchased the Equipment, you shall make the Equipment available for removal by Xerox when requested to do so by Xerox and, at the time of removal, the Equipment shall be in the same condition as when delivered (reasonable weaz and tear excepted), together with any related software. 16. PROTECTION OF XEROX'S RIGHTS. You hereby authorize Xerox or its agents to file, by any permissible means, financing statements necessary to protect Xerox's rights as the Equipment Lessor. Xerox, on your behalf and at your expense, may take any action required to be taken by you under this Agreement that you fail to take. 17. REPRESENTATIONS, WARRANTIES & COVENANTS. Each party represents that, as of the date of this Agreement, it has the lawful power and authority to enter into this Agreement, the individuals signing this Agreement are duly authorized to do so on its behalf and, by entering this Agreement, it will not violate any law or other agreement to which it is a party. You are not awaze of anything that will have a material negative effect on your ability to satisfy your payment obligations under this Agreement and all financial information you have provided, or will provide, to Xerox is true and accurate and provides a good representation of your financial condition. Each party agrees that it will promptly notify the other party in writing of a change in ownership, if it relocates its principal place of business or changes the name of its business. 18. NOTICES. Notices must be in writing and will be deemed given five (5) days after mailing, or two (2) days after sending by nationally recognized overnight courier, to the other party's business address, or to such other address designated by either party to the other by written notice given pursuant to this sentence. The term "business address" shall mean, for you, the "Bill to" address listed on the fast page of this Agreement and, for Xerox, our inquiry address set forth on the most recent invoice to you. 19. FORCE MAJEURE. Xerox shall not be liable to you during any period in which its performance is delayed or prevented, in whole or in part, by a circumstance beyond its reasonable control, which circumstances include, but are not limited to, the following: act of God (e.g., flood, earthquake, wind); fire; war; act of a public enemy or terrorist; act of sabotage; strike or other labor dispute; riot misadventure of the sea; inability to secure materials and / or transportation; or, a restriction imposed by legislation, an order or a rule or regulation of a governmental entity. If such a circumstance occurs, Xerox shall undertake reasonable action to notify you of the same. 20. MISCELLANEOUS. This Agreement constitutes the entire agreement as to its subject matter, supersedes all prior and contemporaneous oral and written agreements, and shall be construed under the laws of the State of New York (without regard to conflict-of-law principles). You agree to the jurisdiction and venue of the federal and state courts in Monroe County, New York. In any action to enforce this Agreement, the parties agree to waive their right to a jury trial. ff a Xerox Form# 51'860[&c (05/2005) 4/30/2007 Page 3 Of 6 • court fords any term of this Agreement to be unenforceable, the remaining terms of this Agreement shall remain in effect. Both parties may retain a reproduction (e.g., electronic image, photocopy, facsimile) of this Agreement which shall be admissible in any action to enforce it, but only the Agreement held by Xerox shall be considered an original. Xerox may accept this Agreement either by its authorized signature or by commencing performance (e.g., Equipment delivery, initiating Basic Services, etc.). All changes to this Agreement must be made in a writing signed by both parties; accordingly, any terms on your ordering documents shall be of no force or effect. The following four sentences control over every other part of this Agreement and over all other documents now or later pertaining to this Agreement. We both intend to comply with applicable laws. In no event will Xerox chazge or collect any amounts in excess of those allowed by applicable law. Any part of this Agreement that would, but for this Section, be read under any circumstances to allow for a chazge higher than that allowed under any applicable legal limit, is limited and modified by this Section to limit the amounts chargeable under this Agreement to the maximum amount allowed under the legal limit. If, in any circumstances, any amount in excess of that allowed by law is chazged or received, any such charge will be deemed limited by the amount legally allowed and any amount received by Xerox in excess of that legally allowed will be applied by us to the payment of amounts legally owed under this Agreement, or refunded to you. SOFTWARE TERMS; The following additional terms apply only to transactions covering Application softwaze and/or Xerox-brand Equipment: 21. SOFTWARE LICENSE. The following terms apply to copyrighted softwaze and the accompanying documentation, including, but not limited to, operating system softwaze, provided with or within the Xerox-brand Equipment acquired hereunder ("Base softwaze") as well as software specifically set out as "Application softwaze" on the face of this Agreement. This license does not apply to any Diagnostic Software or to any software /documentation accompanied by a clickwrap or shrinkwrap license agreement or otherwise made subject to a sepazate license agreement. A. Xerox grants you anon-exclusive, non-transferable license to use the Base Software within the United States, its territories, and possessions (the "United States") only on or with the Equipment with which (or within which) it was delivered. For Application Software, Xerox grants you anon-exclusive, non- transferable license to use this software within the United States on any single unit of equipment for as long as you aze current in the payment of any indicated softwaze license fees (including any Annual Renewal Fees). You have no other rights to the Base or Application Software and, in particular, may not: (1) distribute, copy, modify, create derivatives of, decompile, or reverse engineer this software; (2) activate any software delivered with or within the Equipment in an unactivated state; or, (3) allow others to engage in same. Title to the Base and Application softwaze and all copyrights and other intellectual property rights in it shall at all times reside solely with Xerox and/or its licensors (who shall be considered third-party beneficiaries of this Agreement's softwaze and limitation of liability provisions). Base and Application Software may contain, or be modified to contain, computer code capable of automatically disabling proper operation or functioning of the Equipment. Such disabling code may be activated if: (a) Xerox is denied reasonable access to the Base or Application Software to periodically reset such code; (b) you are notified of a default under any term of this Agreement; or, (c) your license is terminated or expires. B. Xerox may terminate your license for any Base softwaze (1) immediately if you no longer use or possess the Equipment or are a lessor of the Equipment and your fast lessee no longer uses or possesses it, or (2) upon the termination of any agreement under which you have rented or leased .the Equipment. C. If you transfer possession of the Equipment after you obtain title to it, Xerox will offer the transferee a license to use the Base softwaze within the United States on or with it, subject to Xerox's then-applicable terms and license fees, if any, and provided the transfer is not in violation of Xerox's rights. D. Xerox warrants that the Base and Application Software will perform in material conformity with its user documentation for a ninety (90) day period from the date it is delivered or, for software installed by Xerox, the date of softwaze installation. Neither Xerox nor its licensors warrant that the Base or Application Software will be free from errors or that its operation will be uninterupted. 22. SOFTWARE SUPPORT. During the period that Xerox (or a designated servicer) provides Basic Services for the Equipment but in no event longer than five (5) years after Xerox stops taking orders from customers for their acquisition of the subject model of Equipment, Xerox (or a designated servicer) will also provide softwaze support for the Base Software under the following terms. For Application Software licensed pursuant to this Agreement, Xerox will provide software support under the following terms provided you are current in the payment of all Initial License and Annual Renewal Fees (or, for programs not requiring Annual Renewal Fees, the payment of the Initial License Fee and the annual "Support Only" Fees). 0 A. Xerox will assure that Base and Application softwaze performs in material conformity with its user documentation and will maintain atoll-free hotline during standard business hours to answer related questions. B. Xerox may make available new releases of the Base or Application softwaze that primarily incorporate coding error fixes and aze designated as "Maintenance Releases". Maintenance Releases are provided at no charge and must be implemented within six (6) months after being made available to you. Each new Maintenance Release shall be considered Base or Application Software governed by these Software Terms. New releases of the Base or Application softwaze that are not Maintenance Releases, if any, may be subject to additional license fees at Xerox's then-current pricing and shall be considered Base or Application Software governed by these Software Terms (unless otherwise noted). Xerox will not be in breach of its software support obligations hereunder if, in order to implement, in whole or in part, a new release of Base or Application softwaze provided or made available to you by Xerox, you must procure, at your expense, additional hardwaze and/or software from Xerox or any other entity. You agree to return or destroy all prior releases. C. Xerox will use reasonable efforts, either directly and/or with its vendors, [o resolve coding errors or provide workazounds or patches, provided you report problems as specified by Xerox. D. Xerox shall not be obligated (1) to support any Base or Application softwaze that is two or more releases older than Xerox's most current release or (2) to remedy coding errors if you have modified the Base or Application Software. E. For Application Software, Xerox may annually increase the Annual Renewal and Support-Only Fees, each such increase not to exceed 10%. (For state and local- government customers, this adjustment shall take place at the commencement of each of your annual contract cycles.) 23. DIAGNOSTIC SOFTWARE. Software used to maintain the Equipment and/or diagnose its failures or substandard performance (collectively "Diagnostic softwaze") is embedded in, resides on, or may be loaded onto the Equipment. The Diagnostic Software and method of entry or access to it constitute valuable trade secrets of Xerox. Title to the Diagnostic Software shall at all times remain solely with Xerox and/or Xerox's licensors. You agree that (a) your acquisition of the Equipment does not grant you a license or right to use the Diagnostic Software in any manner, and (b) that unless separately licensed by Xerox to do so, you will not use, reproduce, distribute, or disclose the Diagnostic Software for any purpose (or allow third parties to do so). You agree at all times (including subsequent to the expiration of this Agreement) to allow Xerox to access, monitor, and otherwise take steps to prevent unauthorized use or reproduction of the Diagnostic Software. GOVERNMENT CUSTOMER TERMS: The following additional terms apply only to lease transactions with state and local government customers: 24. REPRESENTATIONS & WARRANTIES, FUNDING, TAX TREATMENT & PAYMENT. A. REPRESENTATIONS & WARRANTIES. You hereby represent and warrant, as of the date of this Agreement, that: (I) you are a State or a fully constituted political subdivision or agency of the State th which you are located and are authorized to enter into, and carry out, your obligations under this Agreement and any other documents required to be delivered in connection with the Agreement (collectively, the "Documents"); (2) the Documents have been duly authorized, executed and delivered by you in accordance with all applicable laws, rules, ordinances and regulations (including, but not limited to, all applicable laws governing open meetings, public bidding and appropriations required in connection with this Agreement and the acquisition of the Equipment) and are valid, legal, binding agreements, enforceable in accordance with their terms and the person(s) signing the Documents have the authority to do so, aze acting with the full authorization of your governing body and hold the offices indicated below their signatures, each of which are genuine; (3) the Equipment is essential to the immediate performance of a governmental or proprietary function by you within the scope of your authority and shall be used during the lease tern only by you and only to perform such function; and, (4) your obligations to remit payments under this Agreement constitute a current expense and not a debt under applicable state law and no provision of this Agreement constitutes a pledge of your tax or general revenues and any provision that is so construed by a court of competent jurisdiction is void from the inception of this Agreement. B, FUNDING. You represent and warrant that all payments due and to become due doting your current fiscal year aze within the fiscal budget of such yeaz and are included within an unrestricted and unencumbered appropriation cuaently available for the leaselpurchase of the Equipment, and that it is your intent to use the Equipment for the entire lease tens and to make all payments required under this Agreement. in the event that (1) through no action initiated by you your legislative body does not appropriate funds for the continuation of this Agreement for any fiscal yeaz after the fast fiscal yeaz and has no funds to do so from other sources, and (2) you have made a reasonable but unsuccessful effort to ford a creditworthy Xerox Form# 51860t&c (05/2005) 4/30/2007 Page 4 Of 6 • assignee acceptable to Xerox in its sole discretion within your general organization who can continue this Agreement, this Agreement may be temvnated. To effect this termination, you shall, thirty (30) days prior to the beginning of the fiscal yeaz for which your legislative body does not appropriate funds for such upcoming fiscal year, send Xerox written notice stating that your legislative body failed to appropriate funds and that you have made the required effort to find an assignee. Your notice must be accompanied by payment of all sums then owed through the current year to Xerox under this Agreement and must certify that the canceled Equipment is not being replaced by equipment perfomung similar functions during the ensuing fiscal year. In addition, you agree at your expense to return the Equipment in good condition to a location designated by Xerox and that, when returned, the Equipment will be free of all liens and encumbrances. You will then be released from your obligations to make any further payments to Xerox beyond those due for the current fiscal yeaz (with Xerox retaining all sums paid to date). C. TAX TREATMENT. This Agreement has been accepted on the basis of your representation that Xerox may claim any interest paid by you as exempt from federal income tax under Section 103(c) of the Code. You agree to comply with the information reporting requirements of Section 149(e) of the Code. Such compliance shall include, but not be limited to, the execution of 8038-G or 8038-GC Information Returns. You hereby appoint Xerox as your agent to maintain, and Xerox agrees to maintain, or cause to be maintained, a complete and accurate record of all assignments of this Agreement in form sufficient to comply with the book entry requirements of Section 149(a) of the Code and the regulations prescribed thereunder from time to time. Should Xerox lose the benefit of this exemption as a result of your failure to comply with or be covered by Section 103(c) or its regulations, then, subject to the availability of funds and upon demand by Xerox, you shall pay Xerox an amount equal to its loss in this regazd. At the time of execution of this Agreement, you shall provide Xerox with a properly prepared and executed copy of US Treasury Form 8038 or 8038-GC. D. PAYMENT. Your payment is due within thirty (30) days of our invoice date. ADDITIONAL TERMS: The following additional terms apply only to the extent that you have agreed to one or more of the options described below: 25. CONSUMABLE SUPPLIES INCLUDED IN BASE/PRINT CHARGES. If this option has been selected, Xerox (or a designated servicer) will provide you with black toner (excluding highlight color toner), black developer, copy Cartridges, and, if applicable, fuser ("Consumable Supplies") throughout the term of this Agreement. For full-color Equipment, Consumable Supplies shall also include, as applicable, color toner and developer. You agree that the Consumable Supplies are Xerox's property until used by you, that you will use them only with the Equipment, that you will return all Cartridges to Xerox for remanufacturing once they have been run to their cease-function point (at Xerox's expense when using Xerox- supplied shipping labels), and that at the end of the term of this Agreement either (a) you will return any unused Consumable Supplies to Xerox (at Xerox's expense when using Xerox-supplied shipping labels)or (b) destroy them in a manner permitted by applicable law. Should your use of Consumable Supplies exceed Xerox's published yields for these items by more than 10%, you agree that Xerox shall have the right to charge you for any such excess usage. When requested by Xerox, you agree to provide meter readings and inventory of Consumable Supplies in your possession. 26. REPLACEMENT /MODIFICATION OF PRIOR XEROX AGREEMENT. If this option has been selected, this Agreement will replace or modify a prior agreement between you and Xerox covering the specified equipment. ff~ it is a replacement agreement, the prior agreement shall be null and void. If it is a modification, the prior agreement shall remain in effect except that any terms presented in this modification agreement that conflict with, or are additive to, any of the terms in the prior agreement shall take precedence over the terms in the prior agreement for the balance of the Agreement. in addition, modifications requiring a reamortization of your payments may include cone-time administrative!processing charge that will appear on your fast bill under this revised arrangement. 27. XEROX AS FINANCIAL INTERMEDIARY. If this option has been selected, you are leasing specifically identified products that were selected by you and that are not sold by Xerox in the normal course of its business. If you have signed a purchase contract for such products, by signing this Agreement you assign your rights but none of your obligations under such purchase contract to Xerox. With regard to these products, you agree that Xerox is leasing them to you "AS IS, WHERE IS" and that XEROX HAS NOT MADE, AND YOU HEREBY WANE, ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR NON-INFRINGEMENT, and (b) ANY REPRESENTATION OR WARRANTY REGARDING THE PRODUCTS' SUITABILITY, DESIGN, CONDITION, DURABILITY, OPERATION, QUALITY OF MATERIALS OR WORKMANSHIP, OR COMPLIANCE WITH SPECIFICATIONS OR APPLICABLE LAW. Xerox assigns to you, to the extent assignable, any warranty i rights it has to these products (which rights shall revert to Xerox if you breach this Agreement). You agree (1) that these products are not covered by Xerox's obligation to provide Basic Services; (2) to maintain a service agreement for these products with a service provider acceptable to Xerox throughout this Agreement's term; (3) to pay all personal property taxes related to these products; and (4) to assign to Xerox any rights you have to these products until title passes from Xerox to you (which, subject to any softwaze licenses surrounding the acquisition of these products, shall occur when you obtain title to all Xerox-brand Equipment covered by this Agreement). 28. FINANCED SOFTWARE TOTAL. If this option has been selected, the initial license fees for any Application Software set forth in this Agreement shall be paid for through your Minimum Lease Payments. If you breach this license or any of your obligations regarding the Equipment, the full amount of the initial license fees shall be immediately due and payable. 29. FINANCED SUPPLIES TOTAL. If this option has been selected, the cost of any supplies you have purchased under this Agreement shall be paid for through your Minimum Lease Payments. If you breach any of your obligations regazding the Equipment, the full amount of the supply costs shall become immediately due and payable. 30. REFINANCE OF PRIOR AGREEMENT. ff this option has been selected, the balance of your prior indicated agreement with Xerox or a third party shall be paid for through your Minimum Lease Payments. If your prior agreement is with a third pally, you hereby acknowledge that you have the right to terminate the agreement and agree to provide a statement from the third-party identifying the equipment at issue and the amount to be paid off (as well as a statement from you identifying the payee and mailing address .for your payoff check). If your prior agreement was with Xerox, the use of this refinance option shall render your prior agreement null and void. If you breach this Agreement, the full amount of your prior agreement balance shall be immediately due and payable. 31. ADJUSTMENT PERIOD. If this option has been selected, your Minimum Lease Payment and/or Print Chazges shall be adjusted in accordance with the information contained in the Adjustment Period portion of this Agreement; as a result, your initial payment(s) shall be different from those payable during the balance of this Agreement. 32. K-16 BILLING SUSPENSION. If this option has been selected, the Maintenance Component of your Minimum Lease Payment and Print Chazges will be suspended each year during the months indicated. During these months, you agree that you will not use the Equipment and that Xerox shall not be responsible for providing Basic Services on it. If Xerox provides Basic Services during the K- 16 Billing Suspension period, you will be billed at Xerox's then-current Time and Materials ("T&.M") rates for such Basic Services. 33. TRADE-IN EQUIPMENT. If this option has been selected, you are providing equipment to Xerox as part of this Agreement ("Trade-In Equipment") and the following shall apply: A. TITLE TRANSFER. You wan•ant that you have the right to transfer title to the Trade-In Equipment and that it has been installed and performing its intended function.- Title and risk of loss to the Trade-In Equipment shall pass to Xerox when Xerox removes it from your premises. B. CONDITION. You warrant that the Trade-In Equipment is in good working order, has not been modified from its original configuration (other than by Xerox), and has a UL label attached. You agree to maintain the Trade-In Equipment at its present site and in substantially its present condition until removed by Xerox. C. ACCRUED CHARGES. You agree to pay all accrued charges for the Trade-In Equipment (up to and including payment of the Final Principal Payment Number) and to pay all maintenance, administrative, supply and finance charges for this equipment through the date title passes to Xerox. 34. RUN LENGTH PLAN. If this option has been selected, the fast ten prints of each original (per run) aze recorded and billed on both meters with all subsequent prints recorded and billed on Meter A only. 35. FD~D PRICE PLAN. If this option has been selected, Xerox will forego its right to increase the Maintenance Component throughout the initial term of this Agreement. 36. PER-FOOT PRICING. If this option has been selected, all Print Charges will be billed on a per-foot basis, with each lineaz or squaze foot, as applicable, equal to one print. 37. EXTENDED SERVICE HOURS. If this option has been selected, Xerox will provide Basic Services during the hours indicated, with the fast number establishing the number of eight-hour shifts covered and the second establishing the days of the week (e.g., 2 x 6 would provide service from 8:00 A.M. to 11:59 P.M., Monday through Saturday). The cost of this enhanced service coverage will be Xerox Form# 51860t&c (05/2005) 4/30/2007 Page 5 Of 6 . P, billed sepazately and, as such, is not included in your Minimum Lease Payment or Print Charges. 38. ATTACHED ADDENDA. If this option has been selected, you acknowledge that one or more specified addenda (as indicated) have been provided to you. These addenda, which provide additional terms relevant to the transactions covered hereunder, are hereby fully integrated into this Agreement. 39. NEGOTIATED CONTRACT. If this option has been selected, the Products identified in this Agreement are subject solely to the terms contained in (a) either (I) the identified Negotiated Contract for a lease transaction or (2) if there are no such terms in the Negotiated Contract, the terms set forth in this Agreement, and, if applicable and notwithstanding anything to the contrary set forth m the Negotiated Contract, (b) the "Additional Teams" portion of this Agreement for the selected option or options to the extent the subject matter of any such selected option is not addressed in the Negotiated Contract. 40. DSA CONTRACT NUMBER. If a DSA Contract Number has been inserted, the Equipment and/or software identified in this Agreement are associated with the Services being provided under the referenced Document Services Agreement ("DSA"), but such Equipment and/or software are subject solely to the terms contained in this Agreement. For customer support tools to manage your account online, visit your Account Management link @ www.xerox.com Xerox Form# ST860t&c (05/2005) 4/30/2007 Page 6 Of 6 April 27, 200.7 Department Reports MERIDIAN CITY COUNCIL MEETING May 1, 2007 APPLICANT Finance /Purchasing Department ITEM NO. 6-A-1 REQUEST Approval of Award of RFP #PW 07-002 Large Format Multifunctioning Color Printing, Copying, and Scanning Solution 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: tNTERMOUNI'AIN GAS: COMMENTS See attached MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initia{s: Materials presented at public meetings shall become property of the CI1y of Meridian. • Memo To: Will Berg, City Clerk, Sharon Smith & City Council From: Keith Watts, Purchasing Agent CC: Bruce Freckleton, Stacy Kilchenmann Date: 4/24/07 Re: May 1 City Council Department Report RECEIVED APR 2~ 6 2007 City Of Meridian City Clerk Office The Purchasing Department respectfully requests that the following item be placed on the May 1 City Council Agenda under Department Report. Approval of Award of RFP #PW-07-002 Large Format Multifinctioning Color Printing Copyinq, and Scanning Solution. The RFP was issued to 3 vendors on April 11, 2007 and only one responded by the Due Date of April 19, 2007. I phoned the other 2 vendors to find out why they did not respond, (Bonneville Blueprint Supply) stated that they did not have a machine that would meet specs and be competitive and the other (Blueprint Specialties) stated that he did not receive the RFP. The RFP was sent to all 3 the same time and date. While on the phone with Blueprint Specialties I sent a test a-mail and they received it with no problem. Recommended Council Action: Approval of award of the RFP to Oce' Corporate Printing for the Not-To-Exceed amount of $34,950.00, and authorize the Purchasing Agent to issue and sign a Purchase Order. Thank you for your consideration. • Page 1 April 27, 2007 FP 07-011 MERIDIAN CITY COUNCIL MEETING May 1, 2007 APPLICANT Winston H. Moore 1TEM NO. 8 REQUEST Final Plat approval for 14 commercial building lots in a C-G Zone for Centre Pointe Sub. No. 2 - NWC Ustick Road and Eagle Road. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: Staff Comments CITY. ATTORNEY CITY POLICE DEPT: CITY .FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comments CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY' CENTRAL DISTRICT HEALTH: See attached Comments NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emgiled: Staff Initials: Materials presented of public meetings shall become properly of the City of Meridian. April 27, 2007 PP 07-004 MERIDIAN CITY COUNCIL MEETING May 1, 2007 APPLICANT Ron Babneau ITEM NO. 9 REQUEST continued Public Hearing from April 10, 2007 -- Request for Preliminary Plat approval of 16 residential lots and 3 common lots on 5.7 acres in an L-O zone for ®oubietree Subdivision -- 1105 West Pine Street AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS See previous Item Packet /Minutes MERIDIAN POST OFFICE: OTHER: See attached Plate Contacted: Date: Phone: Emailed: Staff Initials: Materials presented of public meetings shall become property of the City of Meridian. April 27, 2007 CUP 07-002 MERIDIAN CITY COUNCIL MEETING May 1, 2007 APPLICANT Ron Babneau ITEM NO. 9 REQUEST continued Public Hearing from April 10, 2007 -- Request for CUP approval to construct amulti-family development consisting of 64 multi-family dwelling units on 16 lots in an L-O zone for Doubietiree Subdivision -- 1105 W. Pine Street AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See previous Item Packet / Mlnu#es OTHER: See attached Plats Contacted: Date: Phone: Emailed: Staff Initials: ' Materials presented at public meetings shall become property otthe Clty of Meridian. April 27, 2007 MERIDIAN CITY COUNCIL MEETING May 1, 2007 APPLICANT ITEM NO. ~ ~ REQUEST 1st Reading -- Ordinance -- Ordinance Regarding Parking on Streets, Alleys and Public Property (1st of 3 Readings) 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: See attached Plats Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Aprii 27, 2007 AZ 06-062 MERIDIAN CITY COUNCIL MEETING May 1, 200.7 APPLICANT Kendall Hoyd ITEM NO. 1 Z REQUEST Ordinance -- Request for Annexation and Zoning of 1.12 acres from Rut to C-C zones for Hoyd Annexation -- east of North Meridian Road and north of East Fairviewe Avenue AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Plats COMMENTS S®e attached 01'~~ ~v Contacted: Emailed: Date: Staff Initials: Phone: Materials prosoMed at public maeNnga shall become proptrty otfhe City of Moridian. (" ADA COUNTY RECORDER J. DAVID ~ rIRO AMOUNT .00 BOISE IDAHO 05h0101 01:48 PM - DEPUTY Patti Thompson ~~'~ ~ ~ ~~ ~~ ~~~~ ~~ I ~~ ~~~~ ~ ~~ ~~ ~ ~:~~ ~~~ ~~~ RECORDED-REQUEST OF City of Meridian 107067261 CITY OF MERIDIAN ORDINANCE NO. D~l " ~ 31 ~ BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE (AZ-06-062 HOYD ANNEXATION) FOR ANNEXATION OF PROPERTY LOCATED IN THE SW 1/ OF SECTION 6, 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 C-C (COMMUNITY BUSINESS DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. 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: Kendall Hoyd. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to C-C (Conununity Business District), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of. Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. ANNEXATION OF HOYD - AZ-06-062 Page 1 of 3 ~,_ SECTLON 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning snaps, 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 snap 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 /~'~- a ~ , 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this --~! day of 2007. MAYO AMMY de WEERD ANNEXATION OF HOYD - AZ-06-062 Page 2 of 3 ATTEST: WILLIAM G. BERG, .TR., CITY STATE OF IDAHO, ) ' ) SS. County of Ada ) ~~ ~ i .; ~~ ~~~ ~L ~ ~ \~ ~ ~„ ,~ On this ~ s~ day of (~(1du , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, 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 dear first above written. •••' ••. •' ~, Ni. G ••. (SEAS,) ;' ~~ ~~`~~ `~ • ~ . s ~ ~ • • ~~ • ~` '~ i ,. •: ~ OF ~.• ••~~o•• ~.~~~L`V ~ll~ ~-s~--~ NOTARY PUBLIC FOR IDAHO RESIDING AT: ('(~.Od~_~~ lid MY COMMISSION EXPIRES: 1 ~:e 6-11 ANNEXATION OF HOYD - AZ-06-062 Page 3 of 3 ~.. Exhibit A Legal Description ~~ HC3YD PROPERTYEZQNE MERlD1AN A PARCEL OF LAND LOCATED IN THE SW 114.0E SECTION 6, TQWNSHIP 3 NORTH. E~ANGE 1 EAST; BO1SE MERIDIAN, M~RIDiAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESGR1SEp AS FOLLOWS: COMMENCING AT A BRASS CAP MARKING THE 8W CORNER OF SECTION 6; TOWNSHIP 3 NORTH, RANGE 'I EAST,,BOISE MERIDIAN, THENCE 1~ OOa25'30" GV A' D.I.STANCE OF 1.004,09. FEET'fCl THE REAL POINT OF BEGINNING; THENCE N 89°34'30" E A DISTANCE C+F 235.70 FEET ALONG THE NORTH RIGHT OF-WAY OF E,4ST CARMEL DRIVE. TO A PCtIN`f; THENCE 31.82 FEET ALONG THE ARC QF A CURVE'fQ THE LEFT FiAVIN.G A RADIUS OF 35.00 FEET', A 13ELTA:OF 52°05'30" AND. A GHQFtD FEARING OF N 63°3146' E i4 biSTANCE OF 30 74 FEET TO.A POINT; THENCE N 37°29`OQ" E A:DISTANGE OF 48,84 FEET TO A POINT OAl'T`HE GENTERLiNI: OF FIVfr MILE CREEK;, LEAVING SAID RIGHT-OF-WAY ANt7 FiLONG THE CENTERLINE OF FIVE,MlLE CREEK; THENCE N.53°1:4'27" 1N A. C?1STANCE OF 8a.93`FEET?`O.A:F'OINT; THENCE N Ofi"•.34'Q3" W A DISTANCE ;OF 224.11 FEET TQ A POINT; LEAVING:SAlD CENTERLINE; THENCE 5.88'25'12"W A.DISTANCE OF B.,ZF FEETTO.A POINT; THENCE S DO°25'30" E A OISATNCE OF 94,26 FEET TO, A POINT; THENCE S 89''39'14".1N.A DISTANCE.OF 9.97.8'1 FEETTO A POINT ON CENTERLINE OF NORTI-t MERIDIAN ROAD; THENCE S 0.0`25'30" E A DISTANCE OF 230.26 FEET TO Ti1E REAL i?'O1NT OF BEGINNING, RE~~ ~VI+L ti. _ i~'.~RFDtFi{~l,Q F~1 tC 7dURKS - ~ ~ Exhibit B EXHIBIT "A" 'ars~a ;rsa u~' a c SHE:±7'1a'`M' ;97:H7' L o Y':0 I 5. z' 3y N o 1 O (`?. 31.55' CARMEL DR6VE _~ o'o sl; Ravi ~~ova~ Ci. P 'i1'ii 4f ~),. n~~R;cvarr Fueu;c rJOR-!S ~~JE.PT n olb I __CURrE TnBiE s rax;~n n~-!i.' n~4UlU5 UCt rn. ?p{UrtU BG~kINR 5H~,(,i, T:]N„ R:1NC T;JN.: R:iL. s.i 3.e sia ~ s~ CHERRY LANE HQY6 PROPERTY LOCATED IN SECTION 6, T.3'. N,,. R,1 '.E„ B:M. MERIDAiN, ADA GO.UN7Y, ID.;4Hn N _. ~OkpVliJ: ~SAI pa.7E: 11'/15/C6 ;GALE: i"=1~+Q' JCB NUJ r- C NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO LC. § 50-901 A) CITY OF MERIDIAN ORDINANCE NO. 07- ~?j PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land located in the SW % of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 1.12 acres snore or less. Also, this parcel is SUBJECT TO ail easements and rights-of--way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall become effective on the ~~'~J day of ~ ~ , 2007. \`,\`,t,~~ ~ ~,,,,~~~~~ :,, h ~ Mayor and City Council of he Crty c By: William G. Berg, Jr., City Clerk First Reading: .5^' ~ -~ ~ 7 Adopted after first reading by suspensi Rule as allowed pursuant to Idaho Code 50-902: YES~_ NO Second Reading: Third Reading: ~-- ~~ ~~ ~r ~~~ ~ °i ~j-'' ^ _~ W AEG '~VIe 'dan .:~ ~ Q _ ~A~1~ _- i/ ~ mad„ i~' `~. or~,oh~(`~~zff ~ ~~ ,~ ~,~: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 07-~_Z. The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 07- ~ ~ [ Z., of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this ~ ~ day of ~~ ~ , 2007. .r. ~(' ~~ William. L. .Nary, City Attorney ORDINANCE SUMMARY - AZ-06-062 HOYD ANNEXATION Page 1 of 1 A April 27, 2007 AZ 06-047 MERIDIAN CITY COUNCIL MEETING May 1, 2007 APPLICANT Vacation Village Villas, LLC ITEM NO. ~ 3 REQUEST Ordinance -- Request for Annexation and Zoning of 5.3 acres from RUT to L-0 zones for Waverly Place Subdivision -- 2510 East Magic View Court AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY S®o attach®d CITY POLICE DEPT: CITY fIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: ` CITY SEWER DEPT: n CITY PARKS DEPT: 13 ~ J ~ l 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~atMched Plats q, Contacted:~~~i~~=`-t ~ Date: ~-7 ~ 7 Phone: / ~ ~~ ~ ~ ~d Emailed: ~C 5 -~c~`7 M (~, lil ~"' l~ aff Initials: 11~f~ Materials presented at pub(tc meeflnps shall become properly of the City of Meridian. ADA COUNTY RECORDER J. DAVID( ,aRRO AMOUNT .00 ; ' BOISE IDAHO 05/10/07 01:48 PM ~ ~~ DEPUTY Patti Thompson (I I I I ~LII'I'I II I,II I~I~ I II ~I I II II'I III RECORDED-REQUEST OF Ciiy of Meridian 107067260 CITY OF MERIDIAN ORDINANCE NO. d~ - 13 13 BY THE CITY COUNCIL.: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE (AZ-06-047 WAVERLY PLACE SUBDIVISION) FOR ANNEXATION OF PROPERTY BEING LOT 6 OF AMENDED MAGIC VIEW SUBDIVISION AND A PORTION OF E. MAGIC VIEW DRIVE LOCATED IN THE SOUTH %: OF THE NE '/ OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS SAME IS RECORDED IN BOOK 52 OF PLATS AT PAGE 4445, RECORDS OF 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) 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 1Vleridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: Vacation Village Villas, LLC. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada. County) to L-O (Limited Office), 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 A~06-047 WAVERLY PLACE ANNEXATION Page 1 of 3 1, . l 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 pity 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 fall 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 ~ GLf/J , 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this _~/day of ~G 2007. Q ~~~( MA O AMMY de WEERD ANNEXATION OF A~06-047 WAVERLY PLACE ANNEXATION Page 2 of 3 1. ATTEST• t`\,,,;;i 1, l; lll,f: , ` ~ -~-s.e` .~~ Sri < -~A "~° e e ~ ~~ WILLIAM G. BERG, JR., CITY CLERK ~~~ _ _, ~ ~ ~ \_ STATE OF IDAHO, ) `~~~tJ!ifiE ifiSOfj°`tt : ~ $$. County of Ada On this ~~ day of~J~, , 2007, before me, the undersigned, a Notary Public in and for said State, p6rsonally 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. (SEALAp ti2'~O TA~~'.~.~,'~ `~ ~ . ~ . a i ~ o e • ~ ~ ~ ~ a ` ~ • • , '~,'~ ~jgI,1G.~' 0.' OTARY PUBLIC FOR IDAHO RESIDING AT: ~(+I ((~(„~l 1 Ih MY COMMISSION EXPIRES: 1 G -~ 1-i r ANNEXATION OF A~06-047 WAVERLY PLACE ANNEXATION Page 3 of 3 A Legal Description ~~ fDAHO SURVEY GROUP .:~,. I'r~ject.No: OS-~7 9 annexatiou.p~scription LoL: ti, A.ritentled"11~tagrVieH~. Subdivision - Proposed Village Villas; Subdivision ~.. 145Q Easc Wazertower St Suite i50 Meridian, IdahC.83642 Phone {208) 845-8570 Fax (308},t38q=5399" rebruary 17..200Ci. Zot ti iJE` Amended Magic View Subdivision attd a portion af.E. Magic View Drive located in the South 1,2.of the NE ]i4 of Section l'7" T 3iV., R:LE.; $:M., Ada County, Jdalio, as same is recorded to Boak SZ of Plats.af:Isage 44.45,,rca:ords of"Ad:~ County,.ldaho, more pa~cularly.describ~l as fol"1a1~~s Commencing at the last 114 corner of said .Section 17, tram H=liich the Northeast corner of said secliwi.bears North ~0°22'14 ~est,.26$2.9C~ feet; Thence Norih 00°2'14" 'Vest, ]3?G:3y ('eet;1'heuee ]north F9°57'30" V1!est,~20S8..1 S feet to the \Tortheast camer'ofsaiil.Lvt 5.lying on the South lioiendary of Greenhill Estates Subdivesi:on;No: 2,.as same"is recorded in Book 35: of Plats at Yage 300?, records of tlda Couuty; Idaho, said point being the. REAL PQTN7' OF 8FGI1\'l~~ING. Thence along the East line of s~id.>~iit 6 and said line extended. South.~2°15'23" ~~~est, 520.79 feet to a_poi.nt on the North liite.of Lot 7 of said Amended Magic View Sub.divi lion; Th"eTise along-ssid"NorFh IinoNorth 80°08'34 ' 1?Vest, 4)U:83 feet to a point on the $ast boundary of :Snorting BuII Subdi~-isicin Plisse 2, as same is reearded in Book b4 o.f P1aCs at Page 93 T8, re~cvrds of 1ada. County, fdaho; Thence North:00'22'32"]vast, 426.74 feet io the Northeast corner-of said subdivision. ly2ng on the. Southboundary of Green]iilI Estates:Sulclivision, asaame is recorded. in .Book 33 of:Plats at 1?age,3O00, records of.Ada County, Idaho; "27~ence along the said So.uih liouniiary-and the. South"bpund.~ry of said" Greenhill Subdivision~No.,.2 Soutii. &9°57 30'`L•ast, 500.87 feet"to"the PoinL.ofBeginrung: Cgntdining 5.:30.acres, more or less. Preparerj By: REV W AP.7 ~~;;.r----- t3 . 1UL 17 2t)t~6 MErtIpIAN, PUBUG VJOFiK~ D£PT: D-Terry P"t'afessi"Qr,a.t ],axed Su"rveyc,rs Exhibit B ~ ~ D r7.I re i 'i^. Q r! 4t i ~ 17 P ~. co a w M iv N C7 0 I'~-=~ z _ _ _S 89'ST30" E SDO.BT Ifi RRFN~~ Ad NT, •- .t OF BE6INNMG I;~ ~ I I '~ I I ~ ~ -I ~ '^-1 ~_ ~ jj ._ _..~ ~ ._'', I ~~o; i ,:. ~ r~ - -- ------~P1 t n re j '~ ~Q. I ~I' I ~o 5 -° I g j Pte.. I xl .I ~ I n ~. i I r I R ~ i ~ T~ i' I _ To '-_ ~ r I )` --` ~ ~' i i1 - ' _ as ----- - ~ - - -~ _ 1 ---- ~_ ___ `_ -- _ ~ ^ ~ ti ~ a - -- - _ - ~y~- ~4~ ~. ~ i 204t, NIEh~. ,AN ~LjBf:iC: ,~~::_ ==f.5 DEPT. ;,w;u;~ o,,,;~ „~ ~AYERLY PLACE SUBDIVISION gin, v;,; S,~o,. PROPOSED MERIDIAN ANN~CA.TION ~~ 7 of i A RESiJBDM9C+~ 6r .9T:'G >•1AEt~Ep KC 1 dIEW Sltc?ti!11,~N. A,mi,..urai;. ;OC;~7~'~IN'iN€ SA' 1~.49F TF'~ REif4 al''SCGTIGN-•17,T,3M R-1E, 3.Id YcRinlbN, ;bf;A fOJNTY, In54p~ ~NG/NEfR1NG SoLUrroNS~ (~ ~~~ r NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.07- 3 f 3 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land being Lot 6 of Amended Magic View Subdivision and a portion of E. Magic View Drive located in the South %2 of the NE '/< of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as same is recorded in Book 52 of Plats at Page 4445, records of Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 5.30 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall become effective on the _~SI'f day of ~a~, 2007. Mayor and City Council ~` the By: William G. Berg, Jr., City \\tt~r~r~rrrrcrrrrrr . ~ ~~, ~ 'M = o _ ~~~ ~ - First Reading: 5 - ~- 0 7 Adopted after first rea i g by suspension the ~, Rule as allowed pursuant to Idaho Code 50-902: YES ~ NO Second Reading: ---~ Third Reading: ^~~ ~ l r P ~~ ~ y.,'~.~`~\ iii ,n~'~~4 .Sf y~J,1 \\~~~ r. . STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 07- The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 07- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this ~~~ day of tel. ~~ , 2007. ~,c~ /William. L.M. Nary, City Attorney ORDINANCE SUNIIVIARY - AZ-06-047 WAVERLY PLACE SUBDIVISION Page 1 of 1 April 27, 2007 AZ 06-057 MERIDIAN CITY COUNCIL MEETING May 1, 2007 APPLICANT Heron River Development, LLC ITEM NO. ~ 4 REQUEST Ordinance -- Request for Annexation and Zoning of 9.91 acres from RUT to an R-15 zone for Jericho Subdivision -- 6055 & 6185 North Jericho Road 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: I ~f" y CITY SEWER DEPT: ~ l CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: ~ jIV`G.r Date: ~ ~ o '~ Phone: `~'3 ~ - D ~ ~ O Emailed: -e S' ~c ~~~,,,, ~ ~ S. f-~.~ Staff Initiols: __~ Materlala prss~ntsd at public mssflnps shall become proporfy of tho City of M~rldlan. ADA COUNTY RECORDER J. DAVI~ lARRO AMOUNT .00 BOISE IDAHO 05/10/07 01:48 PM ~ `" DEPUTY Patti Thompson III IIILI~IIIIIII'II~I'LLIIII'IIII'„II RECORDED-REQUEST OF City of Meridian 107@67259 CITY OF MERIDIAN ORDINANCE NO. ~~ - ~ 3 ~ BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE (AZ-06-057 JERICHO SUBDIVISION) FOR ANNEXATION OF PROPERTY BEING LOCATED IN THE EAST'/ OF THE NW '/ OF THE NE 1/ OF SECTION 30, TOWNSHIP 4 NORTH, RANGE I 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 R-4 (MEDIUM-LOW DENSITY RESIDENTIAL) AND R-15 (MEDIUM-HIGH DENSITY RESIDENTIAL) 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: Heron River Development, LLC and Wirt Edmonds. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-4 (Medium-Low Density Residential) and R-15 (Medium-High Density Residential), 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-06-067 JERICHO SUBDIVISION 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 ~ ~ ~ 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~~ day of 2007. MAYO MY de WEERD ANNEXATION OF AZ-06-067 JERICHO SUBDIVISION Page 2 of 3 ATTEST: WILLIAM G. BERG, JR., STATE OF IDAHO, ) ss. County of Ada ) t _. raga _.. 'Y- ~ r,~ ~~. ~, o '~ G,1;,~ ~~`~.~ ~ On this ~S day of (f l , 2007, before me, the undersigned, a Notary Public in and for said State, pe sonally 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. • ~, ($ • i 4,~± _ - -~~s ~ a m • e i ~ • e ~ ~ ~ s ' ' e ~ '. ~ • ~ G` NOTARY PUBLIC FOR IDAHO RESIDING AT: ~~ ~`~p MY COMMISSION EXPIRES: Ip-~ 1--~) ANNEXATION OF AZ-06-067 JERICIiO SUBDIVISION Page 3 of 3 A Legal Description i ~` IDAHO SURVEY GROUP Praje~t No..Q:G-I 16:. 140 EairVYdterLOwer 'Ss. SuitelSO ~~ ~ ' MQrldiar-; Idaho 83fi42' Pliono. `(208):. 84~B570 Fax- (2t)>3) $'84.5399 September ] 4, 20Q6' ±lerich"o Sub`divi'sion; ' Annexa4`on.DescriPtiou A parcel of Sand located rn -the.East I/2 of the NW'.1/•4 of the NE 214 of Section 30,, T 4N,R1E , B:IvI, Ada County, Idaho, more;panc~ularly descn`hed fls follo}vs; ~ ' Coameiieing at ti~ecorner.cammon to Sections 11,; 20, 29',--and the said`Sechon 3U, from ' - which -the<1/4 confer comninn to said Sections 19 and 30 bears North 89°1'47"~•West, '_ .2633 96 feet, Thence North 89°51'4T' West, 13I;6:99 feet;to the East i/16 cgrner common to said Sections l9 and 3Q Thence Saath;00°29'3'6" West, 1327.42 feet to the 1~?lr'I/16 comer, commonao.the.Noithcasicorn~r of Arcadia Subdvission, as sairie:is: recorded ut;Book 94' of-1'Iats at Page 11502„ records ofAda~County, Idaho, said:point.. being the REAL PQ]~T'I' .Oi' BEGINI~'I~'C: - ~'herice South 89°58'29". West, 659.32 feet•to the 1Jorthwest corner of said Arcadia Subdivision;. .. 'Thence departing said North,'boundary North 00°:1:8'22" 1~a_st, 66a~_31, feot; Thence 3T 4{f feet along the arc of a curv.,e fA the right, having aradius of 20;00 _ feet; a,central angle of 89°57`32';`auid along chord bcanng~NoTth:45°17'0,8" ~ast;,28i27 feet;; - ' _ - - ~- - Thence South. 89°4"4':11" East, 64L~4 feet.to apoinf.on the Bast line aftlze~ h?'Wl/4 of the NE1/4: - - - . . Thence along said line Siutl; 00°2.9'36" Nest, 67..8:06`feet to the Point. of BEgiuning. Containing 9.91 acres,, more or:less, . ', ROVP~ g~v~, `. aY -' ~~T ~.a..!~~~1i7 ~;Gi.. D. Teiry.Peugh, PLS iAr'of`~ss'o.rp:a7 L:a,ro-d. S:srrwe~y'or:•s EXHIBIT B 89'51``47•' W 2~63s.9o' ~-+~._.'S~ _ _ E CHINOEN BCU_:EVMR{1 - Ji19 5',c0 - [ •4/16 ~~ S.3t7 ~ 13f'o 96' ~ ~ 13166 9~ ~ 5::x'7 1 5:29 a R 0 c n ~ +~ Op M~RIpIA~ E11~ .. B a t,~;i 5 39'44;''rT'' ~ 6dl.Se' 2 n ~.' ~~~ A~N~~~~N ~• . p~OpO .. r N <' :,} d ty 2 '` J ~ .7r, z 7 U-' N.) Z ~ O ~~ I I ~o~~a~N T /r~ P EA1_ 'F0vN.T ~~= BEGINNIN.G Cl~ OF ME~19lA~ REVI P \+f,L- QY~ -- Tn (~lk'1~. k:d11J5 L'~eG;11 ,^Nt1i?C ~JIST, GHOP7.,Fx?G: DEI.Fk C1 2q:C,a 31,9n. ~~i27 N 'M15'17'ri8' E )3~K7'37.` s~a ~ •=aoo' _- • ~,~~,~ ,~„a,o, eke JER~C~O SUBDIVYSION _ NGINEER/NG hYli,N9. $SZp1 PRO.PC)SEa ~vfCRlf3i~t1 I~NNEX;4TlON ~O•~ o su[E7: 1 1XF "1 l(1C:~Tp"IN Tt~'NE 4'i4 CF fiECT~N 3D; T,4N.E R:1~, 8.>d. _ V II I~Vj[~~ i~o E-.A1KLH5•ST::EL 5ilii*_ 9 1517i~•u~;paL; ~IEkI61xN,•tipA GDU~l11, I~,~ __.. E4GtL AV10. B161e ~1 C26D] ~]U-u59n ~ t.~ fa®1.-naa.riai. r- NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 07--~~3! PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land being located in the East %2 of the NW % of the NE % of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 9.91 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East I~d'~ayho Avenue, Meridian, Idaho. This ordinance shall become effective on the / -y day of -ten ,~ , 2007. --{{--~¢--- ~r~ti~~iiic!iiii,<< ~~,+ .~ Mayor and City Council the City oi~Vle ' ' ~ ~~~ ~ ~~ By: William G. Berg, Jr., City Clerk S-_ ~_0 7 p = ~~~L = First Reading: Ado ted after first reading by suspension e Rule as allowed pursuant to Idaho Code 50-902: YES X NO °~ ~, P~3y, Second Readin ~ ~,~` g~ Third Reading: -- -~,,`'~ Y ~~\a~,~ .~ /~''~~~lniii rirrr~~~~~~` STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 07- The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby, certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 07-~~L~ of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this ~ day of /"~~- 2007. ~-- . -~i William: L.M. Nary, City Attorney ORDINANCE SUIVIMARY - AZ-06-067 JERICHO SUBDIVISION Page 1 of 1 • • April 27, 2007 MERIDIAN CITY COUNCIL MEETING May 1, 2007 APPLICANT ITEM NO. ~ 5 REQUEST executive session per Idaho State Code 67-2345(1)0 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: Dote: Phone: Staff Initials: Moterlala presented at public msetln~s aholl become proporty of the Cify of Merfdbn.