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HomeMy WebLinkAbout2007-11-07 E IDIAN--- 14evised 11-6-07 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Wednesday, November 7, 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 ~~w-°e _~ Mayor Tammy a Weerd ~ ~=Zr~.,.-i 2. Pledge of Allegiance: f3 ~~ ~Scvwt / 6~ 3. Community Invocation b ~-with LDS Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of October 23, 2007 Pre-Council Meeting: ~~~ B. Approve Minutes of October 26, 2007 City Council Special Meeting: ~~- C. Findings of Fact and Conclusions of Law for Approval: VAR 07-018 Request for a Variance to construct up to 35 feet of landscaping within the Idaho Transportation Department's right-of- way on Eagle Road for Gardner AhlQUist Gateway by Timberline Surveying, PLLC -Southeast Comer of East Franklin Road and North Eagle Road: ~~~ ~- D. Findings of Fact and Conclusions of Law for Approval: SHP 07-006 Request for a Short Plat approval to create 3 commercial Meridian City Council Meeting Agenda -November 7, 2007 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. building lots on 0.98 of an acre in a C-G zone for Minert Plaza by Specialty Contracting, LLC - 623 East Shiller Lane: ~.j,~.v,,,ti. ® E. Findings of Fact and Conclusions of Law for Approval: PP 07- 014 Request for Preliminary Plat approval for 34 commercial /retail building lots and 1 common lot on 17.84 acres within the C-G zone for Emerson Park Commercial by Kuna Victory, LLC - 2910 & 3030 South Meridian Road and 110 East Victory Road: ~.~-v vie z~ ~-e - c ~~'. ~~ J'~t ,o !k ,C,,.r-~ ~j ec. ~ F. Findings of Fact and Conclusions of Law for Approval: PFP 07-003 Request for a Combined Preliminary /Final Plat approval of 4 commercial lots on 6 acres located in the C-G zoning district for Intermountain Outdoor Subdivision by Carmen, LLC - 1351 & 1375 East Fairview Avenue: l?,rynq,,.t~ ~_ G. Findings of Fact and Conclusions of Law for Approval: AZ 07- 006 Request for Annexation and Zoning of 94.69 acres from RUT to a C-G zone for Pinebridc~e by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: ~~yr.o~c cc t ~w~,.~+Cc~~- H. Findings of Fact and Conclusions of Law for Approval: RZ 07- 010 Request for a Rezone of 75.67 acres from I-L and L-O zones to a C-G zone for Pinebridge by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: ~~~v~c- R.,r I. Findings of Fact and Conclusions of Law for Approval: PP 07- 008 Request for Preliminary Plat approval of 61 building lots and 21 common lots on 170 +/- acres in a proposed C-G zone for Pinebridc~e by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: ~1 r-e a, r- ~ ~~ J. Findings of Fact and Conclusions of Law for Approval: VAR 07-007 Request for a Variance Application for two access points to North Eagle Road for Pinebrid~ae by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: ~~ vie ~. r ~~-- K. Findings of Fact and Conclusions of Law for Approval: AP 07- 008 Request for City Council review for an Appeal of the Planning and Zoning Commission's decision limiting the hours of operation from 5:00 a.m. to 11:00 p.m. for Anytime Fitness located in an L-O Meridian City Council Meeting Agenda -November 7, 2007 Page 2 of 5 All materials presented at public meetings shall become properly 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?evised 77-6-®7 zone district within Sundance Subdivision No. 5 by Dave Evans Construction - 3220 North Meridian Road: ~~~~-- L. Task Order 0725 with Civil Survey Consultants, Inc. for Black Cat Road Water Main, Five Mile Creek to Chinden, Design for an Amount not to exceed $15,155: ~~~'®v-~- M. Resolution No. ~ ~~ ~S S SSC Commercial Rate Change• Q,~~,,~-o v~ N. Task Order 1, Agreement fo_ r Professional Services with Hvdro Lo is for Engineering Consulting Services regarding Groundwater quality Regulatory Compliance Issues for a cost not to exceed $20,000: ~wv O. Idaho Department of Water Resources Application for Permit for Proposed Well #28: ~,~y,.~o,rc., P. Approve Contracts for New Citv Hall Proiect: Idaho Custom Wood Products ~ ~64-~ ©oo ~r~-n~~' Q. Sanitary Sewer and Water Main Easement Agreement for Cope Subdivision by Ronald Van Auker: ~~-,~ R. Change Order No. 1 for the Heroes Park Tee /Pressure Test for Wastewater Reuse with H2 Excavation, LLC for $4,090.00: ~~~-",.`-~ ~~ S. Budget Amendment for Stonmwater Program and a Nev Item in the amount of $75,000for FY 2008: ~~~ T. Task Order No. 2 for Stormwater Program Analysis with Murray, Smith 8~ Associates, Inc. for $46,010: ~~ U. Change Order No. 1 to Agreement for Professional Services with Civil Survey Consultants, Inc. for design of Lanark / Commercial Water Line Connections for a cost Not to Exceed $0500: ~,),~.,,,..~ V. Budget Amendment for New Heritage Theatre Company: W. Contract Amendment for New Heritage Theatre Company: Meridian City Council Meeting Agenda -November 7, 2007 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 6. Department Reports: A. Mayors Office 1. Habitat for Humanity: Revised 11-6-07 ~en /~i7.Ltols 13v~~e ~~~~,~ f~~---~/ ~-e - ~~~,ya~ ~1~C~ 2. Reappointment~to Parks & Recre°~tion Commission: L~-~ ~~° B. Planning Department ,~ ~,.,~c~ 1. Budget Amendment for East 3rd Street Extension Ali4nment Study: ~,~,v~ ~'ZO, /.SO, °.° C. Public Works Department 1. Tabled from October 23, 2007: Cooperative Construction and Reimbursement Agreement for North Black Cat Trunk Sewer with Brighton Development, Inc., Treehaven, LLC, Primeland Development Group, LLC and the City of Meridian: Approved on October 26, 2007 City Council Special Meeting ~ 7. Items Moved from Consent Agenda: 8. Tabled from October 23, 2007: FP 07-026 Request for Final Plat approval for 140 single-family building lots and 21 common lots on 89.70 acres in R-2, R-8 and R-15 zones for Javker Subdivision No. 1 by Treehaven, LLC - 4042 West Chinden Boulevard: Approved on October 26, 2007 City Council Special Meeting ~ 9. Tabled from October 23, 2007: FP 07-032 Request for Final Plat approval for 192 multi-family units on 48 building lots and 1 common lot on 13.99 acres in an R-15 zone for Canterbury Commons Subdivision by Canterbury Commons, LLC -south of West Pine Avenue and east of North Ten Mile Road: ~~~~Q ~l ~~, p-~~~J ~ 10. MFP 07-006 Request for Final Plat Modification of the approved fencing for Messina Meadows Subdivision No. 1 by Tuscany Development, Inc. - Eagle Road approximately'h mile north of Amity: ~~,~, ~,..~~ 11. Public Hearing: RZ 07-015 Request for a Rezone of .28 of an acre from an R-8 residential zone to an O-T zone for 6th and Broadway Property by Linda Loehr - 532 East Broadway Avenue: ~~ Meridian City Council Meeting Agenda -November 7, 2007 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Rev6sed 77-6-07 12. Public Hearing: SHP 07-007 Request for Short Plat approval for 3 condominium units in 1 building in a C-G zone for Bonito Lot 15 Condominium by Dave Evans Construction - 2971 East Copper Point Drive: r-- _ __ - 13. Canvassing the Votes for City General Election: Irv w~ 14. Executive Session per Idaho State Code 67-2345(1)(f) - (to consider and advise its legal representatives in pending litigation): Meridian City Council Meeting Agenda -November 7, 2007 Page 5 of 5 All materials presented at public meetings shall become properly of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. E IDIAN~- "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." City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Wednesday, November 7, 2007 at 7:00 p.m. 1. Roll-call Attendance: David Zaremba Charlie Rountree 2. 3. 4. 5. Pledge of Allegiance: CITY COUNCIL REGULAR MEETING AGENDA Joe Borton Keith Bird Mayor Tammy de Weerd Community Invocation by Glen Olsen with LDS Church: Adoption of the Agenda: Consent Agenda: A. Approve Minutes of October 23, 2007 Pre-Council Meeting: B. Approve Minutes of October 26, 2007 City Council Special Meeting: C. Findings of Fact and Conclusions of Law for Approval: VAR 07-018 Request for a Variance to construct up to 35 feet of landscaping within the Idaho Transportation Department's right-of- way on Eagle Road for Gardner Ahlguist Gateway by Timberline Surveying, PLLC -Southeast Comer of East Franklin Road and North Eagle Road: D. Findings of Fact and Conclusions of Law for Approval: SHP 07-006 Request for a Short Plat approval to create 3 commercial Meridian City Council Meeting Agenda -November 7, 2007 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabil'fies 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. building lots on 0.98 of an acre in a C-G zone for Minert Plaza by Specialty Contracting, LLC - 623 East Shiller Lane: E. Findings of Fact and Conclusions of Law for Approval: PP 07- 014 Request for Preliminary Plat approval for 34 commercial /retail building lots and 1 common lot on 17.84 acres within the C-G zone for Emerson Park Commercial by Kuna Victory, LLC - 2910 & 3030 South Meridian Road and 110 East Victory Road: F. Findings of Fact and Conclusions of Law for Approval: PFP 07-003 Request for a Combined Preliminary /Final Plat approval of 4 commercial lots on 6 acres located in the C-G zoning district for Intermountain Outdoor Subdivision by Carmen, LLC - 1351 & 1375 East Fairview Avenue: G. Findings of Fact and Conclusions of Law for Approval: AZ 07- 006 Request for Annexation and Zoning of 94.69 acres from RUT to a C-G zone for Pinebridae by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: H. Findings of Fact and Conclusions of Law for Approval: RZ 07- 010 Request for a Rezone of 75.67 acres from I-L and L-O zones to a C-G zone for Pinebridae by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: I. Findings of Fact and Conclusions of Law for Approval: PP 07- 008 Request for Preliminary Plat approval of 61 building lots and 21 common lots on 170 +/- acres in a proposed C-G zone for Pinebridc~e by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: J. Findings of Fact and Conclusions of Law for Approval: VAR 07-007 Request for a Variance Application for two access points to North Eagle Road for Pinebridge by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: K. Findings of Fact and Conclusions of Law for Approval: AP 07- 008 Request for City Council review for an Appeal of the Planning and Zoning Commission's decision limiting the hours of operation from 5:00 a.m. to 11:00 p.m. for Anytime Fitness located in an L-O Meridian City Council Meeting Agenda -November 7, 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. • zone district within Sundance Subdivision No. 5 by Dave Evans Construction - 3220 North Meridian Road: 6. L. Task Order 0725 with Civil Survey Consultants, Inc. for Black Cat Road Water Main, Five Mile Creek to Chinden, Design for an Amount not to exceed $15,155: M. Resolution No. Change• SSC Commercial Rate N. Task Order 1, Agreement for Professional Services with Hydro Logic for Engineering Consulting Services regarding Groundwater quality Regulatory Compliance Issues for a cost not to exceed $20,000: O. Idaho Department of Water Resources Application for Permit for Proposed Well #28: P. Approve Contracts for New City Hall Proiect: Idaho Custom Wood Products Q. Sanitary Sewer and Water Main Easement Agreement for Cope Subdivision by Ronald Van Auker: R. Change Order No. 1 for the Heroes Park Tee /Pressure Test for Wastewater Reuse with H2 Excavation, LLC for $4,090.00: S. Budget Amendment for Stormwater Program and a New Line Item in the amount of $75,0000 for FY 2008: T. Task Order No. 2 for Stormwater Program Analysis with Murray, Smith 8~ Associates, Inc. for $46,010: U. Change Order No. 1 to Agreement for Professional Services with Civil Survey Consultants, Inc. for design of Lanark / Commercial Water Line Connections for a cost Not to Exceed $6500: Department Reports: A. Mayors OfFce 1. Habitat for Humanity: Meridian City Council Meeting Agenda -November 7, 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 • B. Planning Department 1. Budget Amendment for East 3`d Street Extension Alignment Study: C. Public Works Department 1. Tabled from October 23, 2007: Cooaerative Construction and Reimbursement Agreement for North Black Cat Trunk Sewer with Brighton Development, Inc., Treehaven, LLC, Primeland Development Group, LLC and the City of Meridian: Approved on October 26, 2007 City Council Special Meeting 7. Items Moved from Consent Agenda: 8. Tabled from October 23, 2007: FP 07-026 Request for Final Plat approval for 140 single-family building lots and 21 common lots on 89.70 acres in R-2, R-8 and R-15 zones for Jayker Subdivision No. 1 by Treehaven, LLC - 4042 West Chinden Boulevard: Approved on October 26, 2007 City Council Special Meeting 9. Tabled from October 23, 2007: FP 07-032 Request for Final Plat approval for 192 multi-family units on 48 building lots and 1 common lot on 13.99 acres in an R-15 zone for Canterbury Commons Subdivision by Canterbury Commons, LLC -south of West Pine Avenue and east of North Ten Mile Road: 10. MFP 07-006 Request for Final Plat Modification of the approved fencing for Messina Meadows Subdivision No. 1 by Tuscany Development, Inc. - Eagle Road approximately %2 mile north of Amity: 11. Public Hearing: RZ 07-015 Request for a Rezone of .28 of an acre from an R-8 residential zone to an O-T zone for 6t" and Broadwav Proaerty by Linda Loehr - 532 East Broadway Avenue: 12. Public Hearing: SHP 07-007 Request for Short Plat approval for 3 condominium units in 1 building in a C-G zone for Bonito Lot 15 Condominium by Dave Evans Construction - 2971 East Copper Point Drive: 13. Canvassing the Votes for City General Election: 14. Executive Session per Idaho State Code 67-2345(1)(f) - (to consider and advise its legal representatives in pending litigation): Meridian City Council Meeting Agenda -November 7, 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. Broadcast Report Date/Time LocaIID 1 Local ID 2 11-02-2007 03:51:12 p.m. Transmit Header Text City of Meridian Idaho 2088884218 Local Name 1 Line 1 Local Name 2 Line 2 This document :Failed (reduced sample and details below) Document size : 8.5 °x11 " ~ Q5C 17~~ ~ '~,.bl.t c. ~~ ~.~.. -~~i~K511 it2A64t3 CITY COtlNCIL REGEIt.AR MEETfPJG AGEAIDA City CouncN Chambers 33 East idatso Avenue, Meridian. Idaho Wednesday, Navamber 7, 2007 at 7:00 p.m. "Although the City ofMeridian no la»gerregLires swam testimony. aA presentations Gefore the IiRayor acrd City Courrdl are expected fo be trcrthtid end honest to the hest of the abfAry of the presenter." 1. Roll-call Attendance: David Zareinba Joe Horton Cttalie Rountr~ Ketth Bird Mayor Tammy de Weerd Z Pledge o! Afiaglance: 3. Community Imracatlon by Gten Olsen with i.DS Church: 4. Adoption of the Agenda: 5. Conssrit Agenda: I Total Paces Scanned : 4 A. Approve Minutes of tktobar 23, 2007 Pn3-Council Meeting: B. Approve Minutes of October 26, 2007 City Council Spacial Meeting: C. Findings o! Fact and Conclusions of t.aw for Approval: VAR O7-0l8 Request tar a Valance #o construct up ~ 35 feet of landscaping within Ote Idaho Trensportatfnn Departmertt'& lgfit-of- way on Eagle Road for Gardner Ahlaui~t Gatawav by Timbeline Sunreying, PLLG - Soothe®st Comer of East Franklin Road and North Eagle toad: Q. Flndinge of Fact and Conciusiona of iBrnr for Approval: SHP 07-008 Request for a Start Plat approval to crieabe 3 commercial RReri6ren Ctty CotmGl Agenda - rVOVam~r 7. ~O7 Page Z ct4 AIE rr~lertels pre~rded et pubtlc meetktgs aha9 beca+n® progeny of 8ie GYty of i+tf. Anyone deslrUig amomrnodation for diems related to doraun~ and/or tee, pieeae co~ttlre City l.teric'a Ortice et 888.433 et i 481mwe prim to q~e p maeUng. Total Paaes Confirmed : 60 No. lob Remote Station Start Tlme Duration Pages Line Mode Job Type Results 001 337 3810160 03:23:04 p.m.11-02-2007 00:04:30 414 9 EC HS tP9600 002 337 8989551 03:23:04 p.m.11-02-2007 00:01:06 4/4 1 EC HS CP21600 003 337 2088848723 03:23:04 p.m.11-02-2007 00:00:54 4/4 1 EC HS CP28800 004 337 8866854 03:23:04 p.m.11-02-2007 00:00:54 414 1 EC HS CP28800 005 337 2088985501 03:23:04 p.m.11-02-2007 00:01:24 4i4 1 EC HS CP31200 006 337 8467366 03:23:04 p.m.11-02-2007 00:00:54 4/4 1 EC HS CP28800 007 337 8950390 03:23:04 p.m.11-02-2007 00:01:02 414 1 EC HS CP28800 ~ ~ Broadcast Report ~ ~ Date/Tlme LocaIID 1 Local ID 2 11-09-2007 04:37:57 p.m. Transmit Header Text Cltyof Meridian Idaho 2088884218 Locai Name 1 Llne 1 Local Name 2 Line 2 Na. Job Remote Station Start Tlme Duration Pages Line Mode Job Type Results 008 374 2088882682 04:16:05p.m.11-09-2007 00:00:32 313 1 EC HS CP33600 009 374 8840745 04:16:05 p.m.11-09-2007 00:00:32 313 1 EC HS CP31200 010 374 2088885052 04:16:05 p.m.11-09-2007 00:00:31 3/3 1 EC HS CP31200 011 374 8881983 04:16:05 p.m.11-09-2007 Q0:00:37 3/3 1 EC HS CP24000 012 374 2083776449 04:16:05 p.m.11-09-2007 00:01:03 3/3 1 EC HS CP14400 013 374 4679562 04:16:05p.m.11-09-2007 00:00:32 313 1 EC HS CP28$00 014 374 8886700 04:96:05 p.m.11-09-2007 00:00:00 0/3 1 -- HS FA 015 374 8849159 04:16:05 p.m.11-09-2007 00:00:33 313 1 EC HS CP28800 016 374 8840744 04:16:05p.m.11-09-2007 00:00:35 313 1 EC HS CP26400 Abbreviations: H5. Host send HR. Hostrecelve WS: Waiting send PL: Polled local MP: Mailbox print TU: Terminated by user PR: Polled remote CP: Completed TS: Terminated by system G3: Group 3 M5: Mailbox save FA: Fall RP: Report EC: Error Correct • Meridian City Council Meeting November 07, 2007 A meeting of the Meridian City Council was called to order at 7:10 p.m., Wednesday, November 7, 2007, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, Joe Borton and David Zaremba. Others Present: Bill Nary, Will Berg, Anna Canning, Bob Stowe, Mark Niemeyer, Len Grady, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and start tonight's meeting. I'd like to welcome you all here. For the record, it is Wednesday, November 7th. It's ten minutes after 7:00. We will start tonight's meeting with roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance: Boy Scout Troop 166 De Weerd: Item No. 2 is the pledge of allegiance. Tonight we will be led in the pledge by Troop 166, sponsored by Ward 16. All rise. (Pledge of allegiance recited.) De Weerd: If I could present to your troop some pencils from the City of Meridian for leading us tonight. Thank you. Item 3: Community Invocation by Robert Wyler with LDS Church: De Weerd: Item No. 3 is our community invocation. Tonight we will be led in the community invocation by Bishop Robert Wyler. He's with the youth stake LDS church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Wyler: Our Righteous and Eternal Father in Heaven, Father we are thankful for this day and for the freedoms which we hold. We pray, Father, that thy Spirit will be upon our armed men and women of the services as they are out protecting our freedom that they might be blessed and comforted in their hours of need. We are thankful for their kind service and we pray for their families as they are away serving on our behalf. We pray Meridian City Council November 7, 2007 Page 2 of 33 for our leaders of our civic governments. We pray that they might be inspired and they might lead us in the ways that thou see fit and that we might as a people continue to grow and go forward in serving and loving each other and showing kindness to each other and we pray that thy Spirit will be upon us in this meeting at this time and directing us always and we say these things in Jesus Christ's name, amen. De Weerd: Thank you for joining this evening. I think this is your first time; correct? do have a City of Meridian pin and offer our appreciation for joining us. Thank you. Item 4: Adoption of the Agenda: De Weerd: Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We have some requests. On the Consent Agenda it's been requested to move Items 5-G, 5-H, 5-I, and 5-J to 7-G, 7-H, 7-I and 7-J of the regular agenda. And also move Item E from 5-E to 7-E. And also move Item S from 5-S to 7-S on the regular agenda. Item No. 9 on the regular agenda has been asked to be vacated from the agenda. And with your permission, under department reports, we need to have a -- add a little department report that the clerk had brought forward on the deal. If we could do that, be all right with you. And with that I move we approve the revised agenda. Borton: Second. De Weerd: Okay. I have a motion and a second to approve the agenda as revised. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda: A. Approve Minutes of October 23, 2007 Pre-Council Meeting: B. Approve Minutes of October 26, 2007 City Council Special Meeting: C. Findings of Fact and Conclusions of Law for Approval: VAR 07-018 Request for a Variance to construct up to 35 feet of landscaping within the Idaho Transportation Department's right-of- way on Eagle Road for Gardner Ahlauist Gateway by Timberline • Meridian City Council November 7, 2007 Page 3 of 33 Surveying, PLLC -Southeast Comer of East Franklin Road and North Eagle Road: D. Findings of Fact and Conclusions of Law for Approval: SHP 07-006 Request for a Short Plat approval to create 3 commercial building lots on 0.98 of an acre in a C-G zone for Minert Plaza by Specialty Contracting, LLC - 623 East Shiller Lane: F. Findings of Fact and Conclusions of Law for Approval: PFP 07-003 Request for a Combined Preliminary /Final Plat approval of 4 commercial lots on 6 acres located in the C-G zoning district for Intermountain Outdoor Subdivision by Carmen, LLC - 1351 & 1375 East Fairview Avenue: K. Findings of Fact and Conclusions of Law for Approval: AP 07- 008 Request for City Council review for an Appeal of the Planning and Zoning Commission's decision limiting the hours of operation from 5:00 a.m. to 11:00 p.m. for Anytime Fitness located in an L-O zone district within Sundance Subdivision No. 5 by Dave Evans Construction - 3220 North Meridian Road: L. Task Order 0725 with Civil Survey Consultants, Inc. for Black Cat Road Water Main, Five Mile Creek to Chinden, Design for an Amount not to exceed $15,155: M. Resolution No. 07-588 SSC Commercial Rate Change• N. Task Order 1, Agreement for Professional Services with Hydro Logic for Engineering Consulting Services regarding Groundwater quality Regulatory Compliance Issues for a cost not to exceed $20,000: O. Idaho Department of Water Resources Application for Permit for Proposed Well #28: P. Approve Contracts for New Citv Hall Project: Approve $464,000 Idaho Custom Wood Products Q. Sanitary Sewer and Water Main Easement Agreement for Cope Subdivision by Ronald Van Auker: R. Change Order No. 1 for the Heroes Park Tee /Pressure Test for Wastewater Reuse with H2 Excavation, LLC for $4,090.00: Meridian City Council November 7, 2007 Page 4 of 33 T. Task Order No. 2 for Stormwater Program Analysis with Murray, Smith Sr Associates, Inc. for $46,010: U. Change Order No. 1 to Agreement for Professional Services with Civil Survey Consultants, Inc. for design of Lanark/Commercial Water Line Connections for a cost Not to Exceed $6500: V. Budget Amendment for New Heritage Theatre Company: W. Contract Amendment for New Heritage Theatre Company: De Weerd: Item 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent Agenda, as noted earlier, Items No. G, H, I and J will be moved to 7-G, H, I and J. Item No. E would be moved to 7-E. And Item S would be moved to 7- S. The rest of them would remain. The resolution number on Item N is 07-588 and with that I move that we approve the revised Consent Agenda and for the Mayor to sign and the Clerk to attest. Zaremba: Second. De Weerd: Okay. I have a motion and a second on the Consent Agenda. Any discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Mayors OfFce 1. Boise Valley Habitat for Humanity by Ken Nichols: De Weerd: Thank you. Item 6-A under the Mayor's office, we do have a representative from Habitat for Humanity that wants to do a presentation to the Council. As you know - - and we do have two members from our youth advisory council, they have spent the last two years doing their national youth and service project for the Habitat project. We .~ Meridian City Council November 7, 2007 Page 5 of 33 did the groundbreaking and the groundbreaking came three weeks after the ground actually was broke and it was all already framed, had the plywood up, and they were starting to seal the seams. So, this house has gone very quickly. It's the first Meridian Habitat for Humanity home. We had the lot donated. The youth council did fund raisers and we have our first Meridian build underway. So, tonight with us is Ken from Habitat. And, Council, I know I have probably said it more than once, but this is a home that has been fundraised by youth and it is being built by the youth in the Meridian School District construction classes. So, this is an exciting project. Nichols: Thank you very much, Madam Mayor, Councilmen. My name is Ken Nichols, I'm the executive director for Boise Valley Habitat for Humanity, which Boise -- this Habitat affiliate actually serves all of Ada County. To date most of our houses have been built in Boise, but as the Mayor just mentioned, the very first Habitat home in Meridian is well underway. Although it's the seventh home that's been built by the Meridian School District residential construction class, in partnership with the Boise Valley Habitat for Humanity. The partnership being the operative word that we like to use as much as possible and put into practice as much as possible. A little bit of background. Habitat for Humanity has been around in the United States for 37 years now. Founded in 1976 by Millard Fuller. Actually, that's 31 years. By Millard Fuller and has grown to the point where now Habitat is in a hundred countries around the world and produced over 400,000 units of housing. Boise Valley Habitat has produced 34 units of housing. We have got five houses under -- additional houses under construction right now and the partnership starts first and foremost with the families that we select for housing. These are, of course, low income families, families making between 30 and 50 percent of the county adjusted median income, which means a family of four in Ada County making 16,000 dollars a year, we can get them into affordable home ownership and we do that with a mechanism that's actually Biblical, Exodus 22:25 that states when you loan money to your poor brother, don't charge interest. So, Habitat for Humanity around the world sells their homes on a zero interest mortgage. So, we do that, we recover those funds, but, obviously, it takes a lot more funds to continue our expansion. We hope to do six homes this year and we look forward in the future to doing some more homes in the rest of Ada County and branch out from just Boise. We have actually served 44 families over the years that Habitat's been around in this area. Some families have decided to sell, their families change, their jobs have changed, they have needed to be somewhere else in the country. We have bought those homes back, resold those to additional Habitat families. A good example -- a lot of Habitat -- you know, when we first moved into an area -- and this happened multiple times in Boise, a lot of families think -- in the neighborhood that this is going to reduce their property values. The not-my-backyard approach is -- or sentiment by the existing families is sometimes difficult to overcome, but we have always overcome it. I just recently visited with a family that was very vocal about a five house development we did and two years after we -- we got out of their and the families have been in there taking care of their property and becoming -- you know, becoming a part of the neighborhood, I asked this guy, well, how do you feel now and he says the Meridian City Council November 7, 2007 Page 6 of 33 truth, he says pretty nice. He said these are really nice folks. The home that we are building right now in Meridian over in -- on Heritage Woods is going to be a really good example of how we can fit into the neighborhood. That was primarily a Hubble Homes development with mostly Hubble Homes going in there. We actually used and adopted one of Hubble Homes own designs, so our house is going to fit right in with the rest of the neighborhood. The story on this family is equally interesting. It's an immigrant family, they have been in the U.S. for four or five years. They came from Haiti. He was a physician, she was a registered pharmacist, and while they can't practice those trades here -- or those professions right now here in the U.S., he's got to have some additional education and so does she, to meet the U.S. standards, they are going to do that and they are going to fit right into that neighborhood. But, again, the partnership -- you also mentioned the Mayor's advisory youth council that's worked very hard in the last couple of years, they have helped with significant funding for -- for both the home that we did last year, which was actually in Boise, but also in the Meridian School District, go figure that deal, but they helped fund raise and, of course, the students have been building the home. We have still got a little ways to go on this a house, but with the help of that council and Don Hubble, who donated the lot for this house, that's -that's gone a long ways. The way I look at this and what I really am coming to Council for is I would like to begin a formal dialogue -- not right now this minute, but I'd like to see that develop out of this, whereas as Habitat looks at our mission to create affordable housing for families in need, you know, we need volunteers, we, obviously, need funding, we need building opportunities, sites where we can build affordable housing. But that goes hand in hand with the community that we are operating in and we at Habitat would really like to get some input from the City of Meridian in terms of what is your need for housing for families in this income range. Where in Meridian do you see affordable housing to be an asset to your community. What are the numbers of units that you would ultimately like to see? And we don't pretend like we are going to solve the entire problem. We are just part of the solution. But by raising the awareness, like the City of Meridian has through their Homelessness in the Park event last August, housing comes to the forefront. Those people that live in the community, that service the community, whether they are waiters or they clean offices or they take out the trash, deserve the opportunity to live in the community that they work in, to really take ownership of that community and be a valuable part of. So, where we build, how we build, the time frame for doing that building, we'd really like to get into a formal dialogue of some sort and figure out how we can make it happen. Are there any questions? De Weerd: Thank you, Ken. Council, any questions? I think it probably would be appropriate to meet with our planning staff. I know we have started some dialogue as we entered into our application process to become an entitlement city and so there has been some dialogue that has been started in that regard. But planning and Emily Kane in our city attorney's office would be two of the different departments that have already started the dialogue on that. ~ ~ Meridian City Council November 7, 2007 Page 7 of 33 Nichols: Yeah. We bought -- in the last year and a half we have bought over 750,000 dollars worth of property in the city of Boise through their entitlement program through home funds from HUD. So, that is a great way to get some assets set aside. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: One, welcome to Meridian. Nichols: Thank you. Zaremba: Your reputation precedes you. Habitat for Humanity has a very high reputation, certainly around this country and apparently around the world. On the subject of the block grants, one of the questions that somebody asked -- it wasn't me, but somebody asked is at resale time, if somebody does need to move -- and I think you have touched on this -- does Habitat, when they sell it, require a contract with the first right to repurchase or -- Nichols: Yes. Zaremba: What we were questioning on the block grant one was that we make an affordable house available and six months later they sell it for a huge profit, how do we control that? Nichols: We have definitely controlled that and we have done it in several ways. Yes, we have a very tight mortgage. We retain the right of first refusal. We have a formula in there, depending on how long they have been in the house, they will also get to share in the appreciation of the house, but, typically, that happens most at the end of the mortgage, so we really want them to be in partnership. We are providing housing that is there for their affordability, not for there enrichment, and recognizing that a substantial subsidy -- you know, when you take a hundred thousand dollar home and you sell it on a 30 year zero percent mortgage, the real value of that mortgage is about 51,000 dollars. And so that's the level of subsidy, but it's a very long term subsidy. We are doing a second thing and that is recognizing the vast increase in the cost of land, our affiliate has moved to a land trust model, where we will own the land, we will sell the homes on the land, like a lot of other areas of the country are already doing, like they do with commercial buildings right now, where there is a leasehold and, then, the actual structure, we will hold a 99 year lease, which makes, you know, an 82,000 lot, which is what we just paid for the last one we bought, spread of 99 years, becomes affordable. But It also means that we hold that right of first refusal far longer than the actual mortgage. So, that land will be affordable for the long term. Zaremba: Cool. Thank you. Meridian City Council November 7, 2007 Page 8 of 33 De Weerd: Any other questions, Council? Bird: I have none. I have none. Just a great program. De Weerd: Okay. Nichols: Thank you very much. De Weerd: Thank you, Ken. Would either of the two representatives from the youth council like to make any comment? No? Wow. Bird: I can't believe that. De Weerd: I think we need to note in the minutes that they said no. Bird: Teenage girls said no. De Weerd: Well, thank you for joining us. I really -- we are excited and we are very proud of the youth council and their engagement with the Habitat project and in bringing awareness to an issue that maybe isn't really large or prominent in our community, but it certainly is in this valley and it's certainly an area that we need to focus on as we move forward as a community. So, thank you, Ken, Roanne, and Becca, for being here. 2: Reappointment of Phillip Liddell to Parks ~ Recreation Commission: Approve to October 2010 De Weerd: Okay. Item A-2 is -- are the re-appointments to the parks commission. Right now we do have an open seat. The second one we just recently filled about six months ago, that was with Phillip Liddell. And for the record Councilman Rountree has joined us. Rountree: Thank you. De Weerd: Welcome. So, Council, these are three year terms. I would like to re- appoint Phillip to the Commission and I will bring you back a name for the open seat once we have filled it. Bird: Who is it? De Weerd: Phillip Liddell. L-i-d-d-a-I-I. Bird: And the three years expires October -- or August of '10? ~ ~ Meridian City Council November 7, 2007 Page 9 of 33 De Weerd: No. It would be October. Bird: October 10. De Weerd: Uh-huh. Bird: Okay. Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move that we approve the appointment of Phillip Liddell to the Parks commission for a period of three years. Rountree: Second. Zaremba: Second. De Weerd: Okay. I have a motion and a second to approve the reappointment. Any discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. 3. Sr. Citizen Grant Project -Request for Building Permit Waiver: De Weerd: Okay. Item 6-B is our planning department. Anna. Bird: Madam Mayor? De Weerd: I'm sorry? Bird: Could we add -- could I add something in on yours? De Weerd: Uh-huh. Bird: Item C or -- Anna. The senior center has got a grant and they are doing some mechanical work and changing out some windows and they were wondering if we -- if the Council would do like they have done before, waive the fees for the permits. De Weerd: Council? Bird: What's your pleasure? Meridian City Council November 7, 2007 Page 10 of 33 Rountree: I would be inclined to do so. Zaremba: That seems fair to me. Bird: Joe? Borton: Oh, sure. Bird: Me, too. Is that okay? De Weerd: I guess the permits that the -- Bird: They have to get the permits, we just -- but the fees we would waive, like we did before. De Weerd: Okay. Before we had also talked to our contractors about the waiving of the fee, because we -- part of that fee is -- is their money. Bird: Well, I think the Council has give their approval, so I would ask Len if he would go back and talk to the -- to the people involved and I think it would be probably Daunt and the mechanical, am I not right? See if they would. Grady: Madam Mayor, Councilman Bird, I'd be glad to do that. Bird: Okay. Grady: If they don't, do you want the city to go ahead and cover that portion? Rountree: That's up to the Council. Borton: Madam Mayor? Bird: I would have no problem with that. De Weerd: Mr. Borton. Borton: I think we have got a general consensus of all of our opinions. It might be cleaner in that situation just to ask the senior center to provide us a written request that might detail some of those specifics, so when we sit up here in approval we know exactly what we are all -- and they know, too. So -- Bird: We'll get that taken care of and if you will talk with them, Len, at the same time. Meridian Ciry Council November 7, 2007 Page 11 of 33 Grady: You bet. Bird: Thank you. Thanks. De Weerd: Okay. So, Will, was this --did you have something to add? Berg: Madam Mayor, if I could, I'll just refresh your memory, that there is three projects right now. The front entrance, which is a ramp and an entryway, the windows throughout the dining hall, and some of the parts of the other old stnacture of the building and, then, an air-conditioning unit system in the kitchen. Those are the three basic projects right now that that grant covers. There might be some money left over to include the next priority of their capital improvement plan, but right now we are just holding to those three projects. De Weerd: Okay. And so will you contact them to get the written request? Berg: I will. It kind of came urgently today when they said they were going to try to get some things done before the weather gets bad, to pour the concrete and I'm going, okay, thank you, we will bring it up and I will get a formal request from them. De Weerd: So, Mr. Bird, was this the item that you added under the -- Bird: Under your Mayor's -- yeah. That's -- De Weerd: Under mine. Okay. Bird: Thank you, Mayor. B. Planning Department 1. Budget Amendment for East 3~d Street De Weerd: Okay. So, Item 6-B. Canning: Madam Mayor, Members of the Council, you have discussed this issue, which is the budget amendment for East Third Street extension a number of times, so I'm going to give you the very succinct version. The study was funded for fiscal year'07. It was not completed in fiscal year '07, we missed the opportunity to roll over the funds into fiscal year '08, so we are asking that you reallocate those funds from the general fund reserve into the current fiscal year'08 budget. De Weerd: Okay. Meridian City Council November 7, 2007 Page 12 of 33 Bird: Madam Mayor? What's the amount, Anna? I think -- I should remember it, but I don't. Zaremba: 20,150 dollars, I believe. It was hard to read the record, but I think that's what it says. De Weerd: Yeah. Is that correct, Anna? Canning: That sounds correct. It was 20,000 for the study and, then, I think we added 150 dollars for general copying costs, things associated with producing a study. Bird: Fine with me. Rountree: Madam Mayor? De Weerd: Yes. Rountree: I move that we approve the budget amendment for 20,150 dollars for the Third Street extension and alignment study. Zaremba: Second. De Weerd: Okay. I have a motion and a second to approve the request from the Planning Department. Is there any discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. C. Public Works Department 1. Tabled from October 23, 2007: Cooperative Construction and Reimbursement Agreement for North Black Cat Trunk Sewer with Brighton Development, Inc., Treehaven, LLC, Primeland Development Group, LLC and the City of Meridian: Approved on October 26, 2007 City Council Special Meeting De Weerd: Okay. Item 6-C is our Public Works Department. I will tum this over to Len. Grady: Madam Mayor, Members of the Council, this item was approved in a special meeting October 26th. No additional action is required. De Weerd: Thank you. Mr. Berg. ~ ~ Meridian City Council November 7, 2007 Page 13 of 33 Berg: Madam Mayor, so it's not confusing, you tabled these items to a date specific. If we go back into minutes and agendas and we try to figure out where the -- what happened to it on this meeting, at least we know that it was approved at our special meeting last -- two weeks ago. Two weeks Friday. De Weerd: Time flies when you're having fun. Berg: When everybody was out of town. Item 7: Items Moved from Consent Agenda: 7-E. Findings of Fact and Conclusions of Law for Approval: PP 07- 014 Request for Preliminary Plat approval for 34 commercial /retail building lots and 1 common lot on 17.84 acres within the C-G zone for Emerson Park Commercial by Kuna Victory, LLC - 2910 & 3030 South Meridian Road and 110 East Victory Road: De Weerd: Okay. Thank you, Mr. Berg. Okay. There were some items moved from the Consent Agenda. We will start with 7-E -- or 5-E. Bird: Madam Mayor? De Weerd: Yes. Bird: We received a letter today -- actually, received it the 31st, but we got it today -- from Oaas Laney regarding the findings on Emerson Park Commercial Subdivision regarding the entrance at the north end of the property. They are -- they would like to discuss the condition regarding that. They don't believe the variance is the way to go. They would like that entrance to be left open until the -- De Weerd: Until the very end? Bird: Final plat is done and I -- and they would -- they would -- they have a representative here that would like to talk to us, if we would -- and I would welcome that. Anna I'm sure has got some rebuttal and -- but I don't want to stick somebody with something that, basically, isn't doable. I think we need to look at it at this point and that's my personal opinion. So, whatever the rest of the Council wants to do. De Weerd: Okay. Mr. Attorney. Mr. Nary, what is the process for this one? Nary: Madam Mayor, Members of the Council, what they are really asking you for is a reconsideration of your decision, including this particular -- this particular condition that was placed upon this preliminary plat. If the Council recalls, it was a fairly extensive Meridian City Council November 7, 2007 Page 14 of 33 discussion on this one point. You certainly can hear that, but I think you probably need time to digest -- and I hadn't seen this one until tonight. I don't know if Mrs. Canning had seen it before tonight either. It probably would be best if the Council wants to consider what they are asking and the fact that the solution that was proffered at the hearing on this they are saying isn't -- isn't a reasonable or a legal way to accomplish that end. It might be best just to -- if the Council wished to reconsider that, then, to set it for a new hearing date. And, then, have it come back. And that gives staff time to review what they are asking have them to be available to prepare a response and for Council to not have to make a decision, really, based on a letter that came in today. So, if you accept what they are requesting, that would probably be the best way to go. De Weerd: Mr. Borton. Borton: Madam Mayor, a question for Bill. I don't have a problem with that procedure and going forward with a -- I guess it's an approval of a request to reconsider. I wasn't there on the 23rd. Am I precluded from participating in any reconsideration, avote to whether or not to reconsider and, then, the actual decision? Nary: No. You would only be precluded from making the motion to reconsider. Borton: Got you. Okay. Bird: If that -- if that's the proper way to do it, that we are going to do it, I'm in favor of doing that -- bringing it back and setting it -- would one week, Anna, be okay? Or how full are we for next week? Nary: Next week's the workshop. Bird: Oh, next week -- yeah. That's where we have a workshop. Zaremba: Doesn't it need to be noticed? Canning: Yes, sir. Zaremba: So, that would be at least two weeks, probably. Canning: No. Three usually. Mr. Clerk, can you get it noticed in two weeks or do you need three? Nary: It would be better to set it to the 4th of December meeting, would probably be your best bet, rather than the November 27th when you have the apartments in the north that are going to be heard. The Selway apartments. Bird: Refresh my memory why we have to re-notice it. Meridian City Council November 7, 2007 Page 15 of 33 Nary: Because it's a new hearing. It's a rehearing. Bird: It's a rehearing. Nary: Right. Canning: The re-noticing is for the benefit of the public that might have come to testify that felt that there was a final decision that now is being reheard. Bird: Okay. De Weerd: Okay. Zaremba: As I recall, Madam Mayor and Mr. Nary, the motion actually has to be made by somebody who voted with the majority? Nary: Correct. Zaremba: I don't remember how I voted. I think I voted aye. Nary: Actually, I believe there was not -- I don't believe there was -- Rountree: It was unanimous. Bird: It was unanimous. Zaremba: In that case, if we are ready, Madam Mayor, I would move to reconsider this and set it for our agenda of December 4th. Rountree: Second. De Weerd: Okay. I have a motion and a second to consider the reconsideration. Any discussion? Okay. Mr. Berg -- well, I will ask the roll call. Canning: Madam Mayor, Members of the Council, Counselor Nary, don't -- doesn't the reconsideration usually have to get on the agenda or is it okay that that not be on an agenda? De Weerd: It is for the reconsideration. Nary: Are you saying does a formal request for reconsideration need to be noticed on the agenda? Meridian City Council November 7, 2007 Page 16 of 33 Canning: Yes. Nary: No. Because -- it doesn't, because they have submitted a letter, the Council does have it, the public will have an opportunity to rehear it. Canning: Okay. Nary: So, I'm not concerned about the -- Bird: We never have had to do that. De Weerd: I think we have done it both ways. Nary: If we have them in advance we notice them on the agenda. We didn't happen to have that here, so -- Canning: Okay. De Weerd: Okay. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. 7-G. Findings of Fact and Conclusions of Law for Approval: AZ 07- 006 Request for Annexation and Zoning of 94.69 acres from RUT to a C-G zone for Pinebridae by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: 7-H. Findings of Fact and.Conclusions of Law for Approval: RZ 07- 010 Request for a Rezone of 75.67 acres from I-L and L-O zones to a C-G zone for Pinebrid~ae by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: 7-I. Findings of Fact and Conclusions of Law for Approval: PP 07- 008 Request for Preliminary Plat approval of 61 building lots and 21 common lots on 170 +/- acres in a proposed C-G zone for PinebridAe by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: Meridian City Council November 7, 2007 Page 17 of 33 7-J. Findings of Fact and Conclusions of Law for Approval: VAR 07-007 Request for a Variance Application for two access points to North Eagle Road for Pinebridge by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: De Weerd: Okay. Thank you. Okay. We also had Items G, H, I and J pulled to the regular agenda off the Consent Agenda. Anna. Canning: Madam Mayor, Members of the Council, the applicant for the Pinebridge project called me today and one of the -- to note an error in the Findings. One of the discussions during the hearing had been to tie one of the conditions to certificate of occupancy, rather than certificate of zoning compliance and the applicant had raised the request and there was no discussion on it, so when it came time to do the Findings we did not make that change. Staff is not concerned with the change. It would be to condition 1.2.10, which currently reads: Pine Avenue shall be extended to Locust Grove Road prior to issuance of any certificate of zoning compliance as per buildings that would require access from Pine Avenue. And, again, the request is to change that to C of O, instead of certificate of zoning compliance. And we had discussed this with the applicant and although it's not our favorite thing to do, we were okay with that change. So, that's why we pulled them off the Findings. The motion was to approve with staff, applicant comments, so it's certainly a reasonable interpretation that it should have been caught prior to this, but -- with that I'll answer any questions you may have. De Weerd: Thank you, Anna. Any questions by Council? Bird: I have none. De Weerd: Okay. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the revised Finding as agreed upon by staff and the applicant for Items 5-G, 5-H, 5-I and 5-J for Pinebridge. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve these items with the change as noted. Any discussion? Okay. Mr. Berg, was that clear enough? Canning: Yes, ma'am. I did want to say that we did get revised Findings over to the clerk earlier today, so he should have those available for Council. Meridian City Council November 7, 2007 Page 18 of 33 De Weerd: Okay. Thank you. Berg: Thank you, Madam Mayor. I will check that out before we sign any documents and send them out. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. 7-S. Budget Amendment for Stormwater Program and a New Line Item in the amount of $75,000 for FY 2008: De Weerd: Okay. Item S was also removed from five to seven. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: We removed that, because I want somebody to tell me what -- what the amount is on that. Have you guys all looked at the amount? Grady: That amount is a metric -- a metric number. Madam Mayor, Members of the Council, the number should be 75,000 U.S. dollars. De Weerd: Not pesos. Okay. Mr. Bird, was that the clarification you were asking? Bird: That's all we needed. Len, did you have anything else you wanted to say? Grady: No. Just if you're looking for a quick blurb on it, it's -- it's basically to make sure we are in compliance with our NPDS permits storm-water discharges, that type of stuff, so -- De Weerd: I think he was just trying to give someone a hard time. Bird: No. No. The finance department had talked to me this morning and asked me to pull this off and get on the public record what the amount was. It is 75,000. Zaremba: Madam Mayor, I would comment that on the supporting paperwork it is written accurately. Bird: Yeah. Zaremba: It's a typo here and I agree with making sure that a correction is noted. • Meridian City Council November 7, 2007 Page 19 of 33 Bird: People don't see our backup. Zaremba: That's right. Bird: The public sees this. I would move, Madam Mayor, if there is no more discussion, that we approve the budget amendment for storm-water program, a new line item in the amount of 75,000 for fiscal year 2008. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve this item. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 8: Tabled from October 23, 2007: FP 07-026 Request for Final Plat approval for 140 single-family building lots and 21 common lots on 89.70 acres in R-2, R-8 and R-15 zones for Javker Subdivision No. 1 by Treehaven, LLC - 4042 West Chinden Boulevard: De Weerd: Okay. Item 8 is a final plat for 07-026. Anna. Canning: Madam Mayor, Members of the Council, this item was also approved on the October 22nd, 2007, City Council special meeting and no further action is required. De Weerd: Okay. Council, do I have a motion? Zaremba: Madam Mayor, I move we take no further action. Rountree: We already approved it. Move we go to Item 9. Item 9: Tabled from October 23, 2007: FP 07-032 Request for Final Plat approval for 192 multi-family units on 48 building lots and 1 common lot on 13.99 acres in an R-15 zone for Canterbury Commons Subdivision by Canterbury Commons, LLC -south of West Pine Avenue and east of North Ten Mile Road: De Weerd: And there you go. Item 9 is requested to vacate. Bird: Madam Mayor? Meridian City Council November 7, 2007 Page 20 of 33 De Weerd: Yes, Mr. Bird. Bird: I move we vacate FP 07-032 from the agenda. Rountree: Second. De Weerd: Okay. I have a motion and a second. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: A clarification. We are not tabling it to another date, we are just -- De Weerd: Vacating. Bird: They want it vacated. Zaremba: Dropping it. Okay. Thank you. De Weerd: Okay. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 10: MFP 07-006 Request for Final Plat Modification of the approved fencing for Messina Meadows Subdivision No. 1 by Tuscany Development, Inc. - Eagle Road approximately'/2 mile north of Amity: De Weerd: Item 10 is MFP 07-006. Staff. Canning: Madam Mayor, Members of the Council, this is a final plat modification for Messina Meadows No. 1. The issue before you tonight is that the applicant requests to remove the requirement to construct five foot vinyl fencing adjacent to Lots 1 through 3, Block 13, Lots 1 through 4 in 14 -- Block 14 and Lots 2 through 5, Block 16, and Lots 2 through 6, Block 17. And, basically, these are all interior lot lines that will have other portions of Messina Meadows. As future phases develop those fences will be built by the homeowners as they move into those homes. So, they are all interior lots of the subdivision and will be adjacent to future platted lots. The UDC does not have a requirement to construct fencing adjacent to interior lots lines, it was just proposed as part of their original preliminary plat. They are asking for costs considerations to remove that requirement at this time. The other portion of the request is they would like to revise -- revise the approved landscape plan to install attractive mailbox structures at the location shown here with the red circles, instead of approved three foot tall gates with trellises. That was their amenity before. The mailbox structures will be constructed Meridian City Council November 7, 2007 Page 21 of 33 out of decorative stone, stucco around the mailbox, and an asphalt shingle roof with exposed truss and a bench as shown. So, staff is recommending approval. The final plat still substantially complies with the approved preliminary plat and the requested modifications meet or exceed the intent of the original proposal. These are quite attractive, as you can see. So, with that I will answer any questions you may have. Oh, we do have a letter from the applicant stating they are in agreement with the conditions of approval. De Weerd: Okay. Thank you, Anna. Council, any questions? Rountree: I have none. Bird: I have none. De Weerd: Okay. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I move that we approve item 10 MFP 07-006. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Item 10. If there is no discussion, Mr. Berg -- I'll call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 11: Public Hearing: iiz 07-015 Request for a Rezone of .28 of an acre from an R-8 residential zone to an O-T zone for 6th and Broadway Property by Linda Loehr - 532 East Broadway Avenue: De Weerd: Okay. Item 11 is Public Hearing on RZ 07-0115. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the 6th and Broadway property project. It's actually located at 532 East Broadway Avenue. And the application before you tonight is a rezone. The rezone is of .28 acres from an exiting R- 8 to OT. It is within the OT designation on the Comprehensive Plan. Or the Old Town designation. The applicant is requesting the rezone so that a new two story four-plex can be constructed on the site. Under current code multi-family developments are not Meridian City Council November 7, 2007 Page 22 of 33 u permitted uses within the R-8 zoning district, so they would need to obtain the Old Town zoning designation. This is the proposed site plan. And, then, these are the proposed elevations. Due to the small size of the subject property and the applicant's intent to improve the subject site, staff did not feel that a DA was appropriate in this instance. We do have the elevations you see. This -- by rezoning to Old Town, it would be subject to the Old Town design guidelines. Staff has gone through those and recommended a number of changes to make it more in compliance with that. They include shifting the buildings to allow more turning radius into the rear parking of the alley. Oops. Sony. There you go. And parking stalls three and four should be relocated towards the alley. Again, these are all things that we would deal with when a certificate of zoning compliance came through, but I just wanted to let you know these were some of the concems. Staff is concerned about parking stall number eight being so close to the 6th Street alley intersection. And that's right here. It should be shifted to be next to the parking stalls number one and two as previously stated and, then, more articulation should be shown on the front facade along 6th Street. Particularly staff had suggested that units one and four, the ones on the end, should shift forward, so that they are built to the back of the sidewalk on 6th Street. The shift also provides a screen for the parking areas and adds modulation to the front facade. There still are some other questions about the amount of windows and things like that. We will have to work with the applicant when they actually come in for a CZC. The Commission did recommend approval at their October 4th, 2007, Public Hearing. Linda Loehr, the property owner, spoke in favor, as did Dennis Loosli, the applicant's representative. John Cole spoke in opposition. No one commented, but we did have written testimony, which was one letter in opposition from Mrs. Cole and neighbors. There were no key issues of discussion by the Commission, nor any key changes to staffs initial recommendation. That outstanding issue for City Council is the neighborhood opposition and we have received no additional written testimony since the staff report. And with that I will answer any questions you may have. De Weerd: So, Anna -- I'm song, these are really ugly. What are our requirements for Old Town? And -- I mean do we have anything in materials or -- as you stated, there is a concern with the windows and just the presentation. So, I guess I can understand the neighbors' concern about this -- this building. Canning: Madam Mayor, Members of the Council, the Old Town design guidelines do address more commercial looking properties, but they do allow pitched roofs for residential and that's about the only distinction they make for residential is to allow some pitched roofs. I'm not sure what else to tell you, you know, I think that there are some concems about making these fit with the design guidelines. I have seen others that were able to come in with a more modem look with their townhouses to make them fit that -- those guidelines and definitions. You know, it was a lot more windows than what we are seeing here. It's really -- those design guidelines are geared toward retail establishments on the ground floor and office uses so something similar to that on the upper floor, So, they would still be subject to the design guidelines. Meridian City Council November 7, 2007 Page 23 of 33 De Weerd: Have we -- is this in the Old Town designated area that the Urban Renewal District would comment? Canning: No. I believe it's outside that. De Weerd: Has the MDC talked about residential and desired look? Canning: I have not heard them speak of anything at this point. This is at the very edge of the Old Town designation. The properties on the other side of the street are not designated Old Town, I believe. I can look that up, except the map is folded up over Old Town and I'm not that tall. Maybe the tall man sitting next to me can fold that back forme. Yeah. I believe this is right at the edge. So, I can look that up. Bird: It is. I think 4th Street is -- Canning: Yeah. We are working on residential design guidelines. Will they be in place before they are ready to get their certificate of zoning compliance I'm not sure. If we determine that the elevations are not consistent with the design guidelines, they are required to get conditional use approval from the Commission. So, it would be a application. De Weerd: Council, any other questions for staff? Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: And Director Canning, if I remember from the packet materials, one of the adjoining properties is already afour-plex. Do we know what that looks like? Canning: I do not have pictures of that. I'm sorry. Zaremba: Okay. Canning: I'm pretty sure I don't anyway. No. Iran out of pictures. De Weerd: Well, Anna, I guess when these come up it would be helpful to have pictures. You know, we are not necessarily supposed to go out there and -- Canning: For the surrounding neighborhood? De Weerd: Uh-huh. • • Meridian City Council November 7, 2007 Page 24 of 33 Canning: Do you mean only in Old Town or in general? De Weerd: I think as these in-fill pieces come in I think that would be necessary. Canning: I think -- I will pass that along to staff. I know that you used to get a lot more pictures of properties and we can start doing that for in-fill projects in particular. De Weerd: Okay. Is the applicant here? Oh, the applicant's not here. Bird: It's their hearing and they are not here? Rountree: That makes the motion real easy. De Weerd: Mr. Berg, were they notified? I would imagine they were. Just can we get verification of that? Berg: Madam Mayor, I cannot tell you for sure that they were notified, but we do have a photo of their posting the property that said November 7th, so, hopefully, somebody that's connected with this project posted the property. A nice colored one. But I cannot tell you if my ofFce did call them. We were concerned with the issue in the past week and I can't tell you which person even would have called them, because it was passed between a couple of people to get -- De Weerd: They had to post their own property, so I -- that would be a good assumption that they knew the date. Council, this is a Public Hearing. Is there anyone who was here to provide testimony on this application? Okay. Council, what would you like to do? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close the Public Hearing on Item 11. Bird: Second. De Weerd: Okay. I have a motion and a second to close the Public Hearing on this item, Item 11. All those in favor say aye. All ayes. Motion carved. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor, I make a motion that we deny their requested rezone for Item 11, based on the lack of achieving any degree quality that we are trying to strive for in Meridian City Council November 7, 2007 Page 25 of 33 the City of Meridian, the lack of the applicant's interest to attend the Public Hearing, and the lack of the public to attend Public Hearing. De Weerd: Okay. Rountree: All of that in the motion. De Weerd: Do I have a second? Borton: Second. De Weerd: I have a second. Okay. Any discussion? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Would the maker of the motion want to include that it's not in the best interest of the city, they haven't provided any other renderings of the neighborhood and whether the development would be in conformance with the neighborhood concerns that were addressed? Rountree: Typically we would include the testimony that's been received and that's been stated by staff. Nary: That's what I thought you had, but I just wanted to be sure that was included as part of what your motion was. Rountree: I agree. Nary: Thank you. De Weerd: Thank you, Mr. Attorney. I'm sure that's what the second was intending, too. Borton: Exactly. Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: On the chance that they might bring this back, do we want to suggest that they do provide, one, a neighborhood meeting and, two, photos of the neighborhood • Meridian City Council November 7, 2007 Page 26 of 33 and a better representation of a prettier building? We usually need to recommend how they could remedy the denial. Nary: Not on a rezone. Zaremba: Okay. De Weerd: Okay. Zaremba: I didn't say anything. Nary: But it's all part of the record. It's fine. It's not required. De Weerd: Okay. If there is no further discussion, Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 12: Public Hearing: SHP 07-007 Request for Short Plat approval for 3 condominium units in 1 building in a C-G zone for Bonito Lot 15 Condominium by Dave Evans Construction - 2971 East Copper Point Drive: De Weerd: Okay. Item No. 12 is SHP 07-007. Interesting looking one. Canning: Madam Mayor, Members of the Council, this is a short plat for Benito Lot 15 Condominium. It's located 2971 East Copperpoint Drive, which is west of Eagle and south of Overland. It's in the Winston Moore project there. The application is a short plat. The applicant Dave Evans Construction has applied for short plat approval of three condominium units within one building 0.178 acres in a C-G zone for Sparrow Hawk Condominiums on Lots 12 and 15, Block 1, of Bonito Subdivision No. 3. A building permit has been issued and the building is currently under construction. Staff is recommending approval and the subject property meets all requirements for a short plat. The applicant has provided a written agreement with the conditions of approval and to our knowledge there are no outstanding issues before City Council. This is a Public Hearing. They haven't normally been in the past, but these are public hearings for you now, so that's why you got a different presentation. De Weerd: Okay. This is Public Hearing. Is there anyone in the public who would like to provide testimony on this item? Okay. Canning: For the record, the applicant is here, but since he's provided an agreement -- aletter stating he's in agreement -- • Meridian Ciry Council November 7, 2007 Page 27 of 33 De Weerd: That's good for the record to note. Rountree: We like you to be here. De Weerd: As you have seen. It's important. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: If there is no public comment or testimony, I move that we close Item No. 12. Bird: Second. De Weerd: Okay. I have a motion and a second to close the Public Hearing on Item 12. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move we approve Item 12, short plat SHP 07-007. Bird: Second. De Weerd: Okay. I have a motion and a second to approve Item 12. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 13: Canvassing the Votes for City General Election: De Weerd: Okay. Thank you. Item 13 to canvass the votes for the city general election. I will ask Mr. Berg to introduce this. Berg: Thank you, Madam Mayor. It will hopefully be fairly short presentation, since the night was very long for me and some others. Before you have the results of the tabulations of the paper ballots that we counted last night, these -- some of these have been checked over again and this should be the final tally of the ballot. We do have the • Meridian City Council November 7, 2007 Page 28 of 33 poll books and the tally books for your examination if you wish and I can sure pass those down there, see if your name is still signed when you did vote last night. And from that, if there is any other questions, I sure can answer those. We are also discussing something about many registered voters we do have in the city. As of October 14th we had 27,034 registered voters. I believe we are probably pretty close to 500 same day registration for yesterday. I'm not saying that that might be because they moved or whatever the case maybe, if it took away some of the registered voters that were already registered, but as you can see our city is growing. That's up 3,000 from two years ago of registered voters. De Weerd: Okay. Council, any comments, questions for Mr. Berg? Rountree: Madam Mayor, the only comment I have still can't come up with an explanation of the discrepancy between the votes cast -- our votes counted and the ballots cast in precinct 801. Somewhere somehow 400 folks did not vote, yet they cast a ballot orthey -- Berg: Madam Mayor, I will address this that -- Councilman Rountree, you have the right to put an X on your ballot or leave it blank. Rountree: I understand that. Berg: And for whatever reason, the combinations that people came up with of who they voted for or did not vote for or put an X on the blank line, I do not have a reason how they did that. But if they were issued a ballot, the ballot was cast. They may not have voted for a person. And as to the statute, there are no write-ins counted unless they are declared write-in as of October 23rd and they have to comply with the campaign finance laws as all the other candidates do. Rountree: I mean it was a terribly complicated ballot. Berg: Yes, It was. Rountree: Four squares. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: As a rookie who has now gone through his first successful election, I wouldn't mind a description of is there a committee that counts the votes or does Will have to count every one of them himself or what's the process for actually the paper ballots and converting them to these numbers? Meridian City Council November 7, 2007 Page 29 of 33 Berg: Madam Mayor, Members of the Council, the ballots -- the paper ballots are counted at each polling place by the judge and clerks assigned to that polling place that day. So, they actually issue the ballots, take in the ballots, and, then, after the polling place is closed they count the ballots. This will probably -- oh, can't say that. Zaremba: Then they report that to you? Berg: And, then, they report that to me. Zaremba: Okay. Berg: After they do their checking and double checking and there is a formula on the front of the poll book that does the calculation of the ballots that they issue, the ballots that were cast, the ballots that were spoiled, the absentee ballots, so it goes through a process of them making sure that they account for all the ballots that they are counting and have to be responsible and accountable for. In this -- in this new age of voting, the county is going to an optical scan, which will be hopefully distributed to the cities in two years after they work out all the bugs next year and so those things will probably be used for the city elections in Ada County. But it's no touch right now. Zaremba: Thank you. De Weerd: Thank you. Any other questions for Mr. Berg? Rountree: Another one out of the way. Berg: Do I have so many to go through? De Weerd: Okay. So, also for the process, will you explain, then, what Council is asked to do at this point. Berg: Yes. Madam Mayor, actually canvassing is actually approving the results of the election. You have the ability to look through the poll books or the tally list. If we did some other punch cards, as we did a few years ago, you would look through the printouts that Ada County would have given me about the punch cards. So, it's actually you looking through the process and making sure that -- I won't say you agree with the results, but you are okay with the process and have to approve the results. De Weerd: Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Meridian City Council November 7, 2007 Page 30 of 33 Borton: No. Councilman Rountree. Rountree: Typically, we have looked at the poll books. Berg: I can sure -- 1.._J Rountree: Just give them a quick scrutiny and if you folks want to do it tonight, great and if you want to wait, fine. But I'd just as soon get it out of the way. Borton: Sure. Bird: Madam Mayor? De Weerd: Yes. Bird: While we are looking through the poll books, you know, I -- I think it's -- it is a sad day when you have probably close to 28,000 registered voters and you only get about -- well, there was 4,100 that voted in the Mayor's race, which was the only contested race. I think it's sad. You young kids out there, when you turn of age to vote, make sure you go out there and vote. There are a lot of young -- there is a lot of young men that are today and have since the inception of the United States left a lot of blood on the soil, so that we could do this. So, make sure you get out and vote. I have -- I have never missed -- I have never missed an opportunity to vote, because I figured if I didn't vote I don't have the right to complain and I like to complain. Rountree: Amen. De Weerd: Amen, brother. Bird: But, anyway, just remember that. The sad part of it is it is the young people, the young families that we affect the most that aren't getting out and voting. De Weerd: And I think you young men are here earning a citizenship badge and, certainly, this has a lot to do about citizenship, exercising your right to vote and I find it amazing that in city elections the turnout for city elections is rather low and at the local level, you know, we are the closest to the people and we have -- we affect your life every day from the roads you drive on, from where your house or the businesses are placed, to when you take a shower and that water runs down the drain. Those are all services that are affected by the local leaders and it's important to be involved at the local level. So, I, too, join my voice with Mr. Bird in stressing the importance of getting out and voting. And he does like to complain. Okay. Zaremba: Madam Mayor? Meridian City Council November 7, 2007 Page 31 of 33 De Weerd: Yes. Zaremba: I would ask a question about -- I guess our preparations for the future, at the place where I went to vote, the place was pretty busy at the time that I went and asked people who had gone earlier ad those who had gone later and they said it was pretty steady and pretty busy all day. Are we in the future sometime going to split up any of the precincts and perhaps more -- have more polling places? Is that on the horizon? Borton: Madam Mayor? De Weerd: Yes. Borton: If I could -- if I could field that, only because it is a topic that -- that has come up and I think what we might do this spring -- maybe it starts in a workshop format -- is have us all bounce around those kinds of ideas, maybe January or February, issues as far as how the actual voting process takes place, where the precincts are located, should there be more, and put every idea out on the table. Whether or not there is any changes made at all, maybe not. But I think your question's right on the money to try to make it as convenient for our growing city and to the people. But I expect that we will all talk about it in short order. Zaremba: Thank you. De Weerd: I guess, Council, what I'd like to do is have maybe Mr. Berg, after the dust settles, come back with a -- maybe a plan for Council on how we will approach the next election in two years and any budget ramifications that it might have, to see what you would like to -- what he recommends and what you would like to fund by the end of the year. Mr. Berg, does that work? Berg: Uh-huh. De Weerd: Okay. Did you vote? Rountree: I'm in here. De Weerd: Okay. Anything else, Council? Bird: I have none. Rountree: Do we need a motion to approve the election results? De Weerd: Uh-huh. Yes, sir. Borton: Madam Mayor? C~ Meridian City Council November 7, 2007 Page 32 of 33 De Weerd: yes, Mr. Borton. • Borton: I move that we approve the election results from the City of Meridian general election on November 6th, 2007. Bird: Second. De Weerd: Okay. I have a motion and a second to approve the election results. Any discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 14: Executive Session per Idaho State Code 67-2345(1)(f) - (to consider and advise its legal representatives in pending litigation): De Weerd: Item 14 is an Executive Session per Idaho State Code 67-2345(1)(f). I need a motion to adjoum into Executive Session. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we adjoum into Executive Session as per Idaho State Code 67-2345(1)(f). Rountree: Second. De Weerd: Okay. 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: Borton: Madame Mayor? De Weerd: Mr. Borton. Borton: I move we come out of Executive Session. Zaremba: Second. • Meridian City Council November 7, 2007 Page 33 of 33 De Weerd: It has been moved and seconded to come out of Executive Session. All those in favor say aye. MOTION CARRIED: ALL AYES Borton: Move to adjourn. Rountree: Second. De Weerd: A motion and a second to adjourn. All those in favor say aye. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:31 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ~' UG'~~~ f 2 D MAYO TAMMY WEERD \`\~~,~~ ~ ~~,~,,,e/ DATE APPROVED /,~~TE t ~ , WI~~IAM G. BERG JR., ITY LERK mss/ ~ q\`e~ ~°~~4au~o nn-H~~~` November 2, 2007 MERIDIAN CITY COUNCIL MEETING November 7, 2007 APPLICANT ITEM NO. S-A REQUEST Approve Minutes of October 23, 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: AAateriais presented at public meetings shall become property of the City of Meridian. November 2, 2007 VAR 07-018 MERIDIAN CITY COUNCIL MEETING November 7, 2007 APPLICANT Timberline Surveying, PLLC ITEM NO. Jr-C REQUEST Findings for Approval -Request for a Variance to construct up to 35 ff of landscaping within the ITD right of way on Eagle Road for Gardner Ahlquist Gateway Southeast Comer of East Franklin Road and N. Eagle Rd AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: ~J~L~~ ~~ ~~~ Date: ` ~ ~ Phone: ~~ ~~ -~~° S ff I itials: Materials pr®sented at public meetings shall become properly of fhe CMy of Meridian. ~I'y °F "~~'"N ~~E IDIAN~-- FINDINGS OF FACT, CONCLUSIONS ~ ~ A ~ ~ OF LAW AND DECISION & ORDER In the Matter of the Request for a Variance to UDC 11-3B-7C2 to be Allowed to Construct up to 35 feet of the Required 35-foot Wide Landscape Buffer within the Idaho Transportation Department's Right-of-Way along Eagle Road; Variance to UDC Table 11- 2B-3 to be Allowed to Decrease the Required Street Landscape Buffer Width from 35 feet to 30 feet for Approximately 54 Linear Feet along Eagle Road; Vacation of the Existing Public Utility, Drainage, and Irrigation Easements within Montvue Park Subdivision; and Request to Modify Several Provisions of the Recorded Development Agreement (DA) and to Include Both Phases of the Gardner-Ahlquist Gateway Development into One DA, by Timberline Surveying, PLLC. Case No(s). VAC-07-012, VAR-07-018, & MI-07-012 For the City Council Hearing Date of: October 16, 2007 (Findings on the November 7, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 16, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 16, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 16, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 16, 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 175," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAC-07-012, VAR-07-018, & MI-07-012 -1- • Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-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, Concept Plan, Development Agreement, and provisions noted in the attached Staff Report for the hearing date of October 16, 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 Variance request to UDC 11-3B-7C2 to be allowed to construct up to 35 feet of the required 35-foot wide landscape buffer within the Idaho Transportation Department's right-of--way along Eagle Road, as evidenced by A.2 and A.3 in the attached staff report for the hearing date of October 16, 2007, incorporated by reference, is hereby approved; 2. The Applicant's Variance request to UDC Table 11-2B-3 to be allowed to decrease the required street landscape buffer width from 35 feet to 30 feet for approximately 541inear feet along Eagle Road, as evidenced by Exhibits A.2 and A.3 in the attached staff report for the hearing date of October 16, 2007, incorporated by reference, is hereby approved; 3. The Applicant's request to vacate the existing public utility, drainage, and irrigation easements within the portion of Montvue Park Subdivision that is being re-subdivided for the Gardner-Ahlquist Gateway development as depicted in Exhibit A. 5 of the attached staff report for the hearing date of October 16, 2007, incorporated by reference, is hereby approved; and CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAC-07-012, VAR-07-018, & MI-07-012 -2- 4. The Applicant's request to Request to modify several provisions of the recorded Development Agreement (DA) and to include both phases of the Gardner-Ahlquist Gateway development into one DA is hereby approved as amended by Council (see Exhibit A.6 of the attached staff report for the hearing date of October 16, 2007, incorporated by reference). D. Attached: Staff Report for the hearing date of October 16, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAC-07-012, VAR-07-018, & MI-07-012 -3- By action of the City Council at its regular meeting held on the ~~~' 2007. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD ATTEST: WILLIAM G. BERG, Copy served upon: ~~ day of VOTED__~~~G~--~ VOTED_~ VOTED / %~~ VOTED__~~~i'~ VOTED MA~OI~~ m de WEERD ~~~ ~~ ~ ; o _ ~~ J ., ITY ULE ,~~'~ ~9 W~' +,o~,~ ~ Applicant ~`'~~~~ia ~~~~~~~``~~\\`\o. /~ Planning Department / Public Works Department o~ City Attorney By: Y Dated: ~ I - I ~`o~ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAC-07-012, VAR-07-018, & MI-07-012 -4- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2007 STAFF REPORT HEARING DATE: October 16, 2007 E IDIAN~~-- TO: Mayor & City Council ~ gy ~ H ,~ FROM: Sonya Watters, Associate City Planner (208) 884-5533 SUBJECT: Gardner-Ahlquist Gateway • VAR-07-018 Request for a variance to UDC 11-3B-7C2 to be allowed to construct up to 35 feet of the required 35-foot wide landscape buffer within the Idaho Transportation Department's right-of--way along Eagle Road; Request for a variance to UDC Table 11-2B-3 to be allowed to decrease the required street landscape buffer width from 35 feet to 30 feet for approximately 54 linear feet along Eagle Road • VAC-07-012 Request to vacate the existing public utility, drainage, and irrigation easements within Montvue Park Subdivision. • MI-07-012 Request to modify several provisions of the recorded Development Agreement (DA) and to include both phases of the Gardner-Ahlquist Gateway development into one DA. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Timberline Surveying, PLLC, is requesting a Variance (VAR) to two different sections of the UDC pertaining to the street landscape buffer. The first is for a variance from UDC 11-3B-7C2, which requires landscape buffers along streets to be located at the subdivision boundary within a common lot or permanent easement. Instead, the Applicant is proposing to construct all of the required 35-foot wide buffer along Eagle Road within the Idaho Transportation Department's right-of--way in certain areas. The second is for a variance from UDC Table 11-2B-3 that requires a 35-foot wide street landscape buffer adjacent to arterial streets. The Applicant is proposing to construct the full buffer width on all but a small section (54 linear feet) on the northern portion of the site along Eagle Road. In this area, the Applicant is requesting that a Variance be granted to reduce the buffer width from 35 feet to 30 feet, measured from the future back of sidewalk to the proposed parking area. If approved, the landscape Variance would allow the Applicant to count up to 35 feet of the adjacent Idaho Transportation Department (IT'D) right-of--way (ROW) toward the required street landscape buffer along N. Eagle Road, an entryway corridor. The Applicant states that the portion of ROW proposed to be used for the required buffer is surplus ROW. Further, the Applicant states that the Eagle/Franklin intersection was improved two years ago and is not within the Statewide Transportation Improvement Plan (STIP) for further improvements within the next five years. The Applicant's justification for the requested variance is listed in Section 4.h of this staff report. The Applicant is also requesting a Vacation (VAC) to vacate the existing public utility, drainage, and irrigation easements in the portion of Montvue Park Subdivision that is being re-subdivided for the Gardner-Ahlquist Gateway development. Montvue Park Subdivision was previously a residential Gardner-Ahlquist Gateway VAR-07-018, VAC-07-012 & MI-07-012 Page 1 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2007 subdivision of which the Applicant is proposing'to re-subdivide as a commercial subdivision. Additionally, the Applicant is requesting to modify several provisions of the recorded Development Agreement (DA) for Gardner-Ahlquist Gateway, and incorporate provisions contained in the Gardner-Ahlquist Gateway South DA into one modified DA. The easements proposed to be vacated were created on the Montvue Park Subdivision plat and include all utility, drainage, and irrigation easements for Montvue Park Subdivision excepting those lots under current ownership of ACRD (Lots 6 - 7, Block 1), ITD (Portions of Lot 1, Block 2, and Lots 7 - 8, Block 5), and Med Prop, LLC (Lot 2, Block 5, and Portion of Lot 3, Block 5). The easements requested to be vacated include 3-foot wide easements for public utilities on each side of all side and rear lot lines and a 25-foot wide irrigation and drainage easement that runs across the property. The vacation of these easements will remove platted easements that are no longer needed for the proposed commercial subdivision. The DA modification is proposed to clean-up several provisions of the Gardner-Ahlquist Gateway DA's (there is currently a DA for the northern portion of the property and a DA for the southern portion) that had discrepancies and include the DA provisions for Gardner-Ahlquist Gateway South into one DA. Both of these DA's have already been recorded. Approval of the requested modification would allow the entire property to be regulated under one DA. 2. SUMMARY RECOMMENDATION Staff is recommending approval of the subject VAR application (VAR-07-018), VAC application (VAC-07-012), and Miscellaneous application for a Development Agreement modification (1VII-07-012) for the reasons listed herein. Staff finds that the VAR application meets all of the fmdings required in the UDC in order for the City Council to grant a variance. (See Analysis, Section 8, of this report, for more details.) ..~. ummarv of Citv Counc il Public Hearin: i. favor: Tom A hlauist Anplicant/Owner : Pame la HaLI. Timber fine Su-rvevin~: ii. In opposition: N one iii. Commenting,; D ave filler. t. .uke' :Ma tt Be 1 iv. Written testimo ny: None v. tall presen 'n~ ann ication: nna Ca ni nes vi. Other staff com mentinr~ on application: N one 11!. ev Issues of Discussion by Council: i. uture improve ments to Eagle Road/SH 5 5: an ' dingy ii. sauare footages: allowanc e of a 10% over or under ranr<e of the lowest n .tubers .~ . Key Council Changes to Staff Recommendation i. itv Council ap proved 300.000 sauare fe et of o ffice space. 52.000 sauare feet o ' 140 d 000 f h l l i h i i h h space. an a . sauare oot ote w a prov s t on t at a ow t la nine Direct or to allow a plus or inn s 10% change in aware foots eon any individual build ii. itv Council r inr<. eauested that an updat ed con cept plan be included in th evelopment A greement alons~ with the elan submitted at the hea 'nQ tha depicts building sauare footages (shown in Ezhib it A.81. iii, itv Council re auested that the approved boil i ns elevations be included as a F,~bit in the D evelopment Agreement f h own ' n hibit A.91. Gardner-Ahlquist Gateway VAR-07-018, VAC-07-012 & MI-07-012 Page 2 CITY OF MERIDIAN PLANNING D• TMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2007 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 VAR- 07-012, VAC-07-012, and MI-07-012, as presented in Staff Report for the hearing date of October 16, 2007, and direct Planning Staff to prepare findings for approval based on tonight's hearing, with the following changes: (insert any changes here) I further move to direct Legal Department Staff to prepare an amendment to the recorded Development Agreements for this site that reflects the subject changes to the Development Agreements. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Numbers VAR-07- 012, VAC-07-012, and MI-07-012, and direct Legal Staff to prepare the appropriate findings document for denial. (You should state why you are denying the request.) Continuance I move to continue File Numbers VAR-07-012, VAC-07-012, and MI-07-012, 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: The site is located on the southeast comer of E. Franklin Road and N. Eagle Road Northwest 1/0 of Section 16, Township 3 North, Range 1 East b. Owners: Meridian Medical Plaza, LLC 13901 W. Wainwright, Suite B Boise, ID 83713 Gardner Kem C Family Partnership 13901 W. Wainwright, Suite B Boise, ID 83713 Joseph Verska & Samuel Jorgenson 360 E. Montvue Drive, Ste. 100 Meridian, ID 83642 c. Applicant: Timberline Surveying, PLLC 847 Park Centre Way, Suite 3 Nampa, ID 83651 d. Representative: Pamela Hall, Timberline Surveying, PLLC e. Present Zoning: C-G (General Retail and Service Commercial) f. Present Comprehensive Plan Designation: Commercial g. Description of Applicant's Request: The Applicant is requesting a Variance from UDC 11-3B-7C2, which requires landscape buffers along streets to be located at the subdivision boundary within a common lot or permanent easement. The Applicant is proposing to construct up to 35 feet of the required 35-foot wide buffer along Eagle Road within the Idaho Transportation Department's right-of--way between Gardner-Ahlquist Gateway VAR-07-018, VAC-07-012 & MI-07-012 Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2007 Franklin Road and the proposed extension of Louise Drive. The Applicant is also requesting a Vacation (VAC) to relinquish the existing public utility, drainage, and irrigation easements in the portion of Montvue Park Subdivision that is being re- subdivided for the Gardner-Ahlquist Gateway development. Additionally, the Applicant is requesting to modify several provisions of the recorded Development Agreement (DA) for Gardner-Ahlquist Gateway and include the property contained in Gardner-Ahlquist Gateway South into one DA for the entire development. h. Applicant's Statement/Justification: VAR: The Applicant proposes to meet and exceed the City's requirement fora 35' wide buffer along Eagle Road. Because the Eagle/Franklin intersection was improved two years ago, further improvements are not slated to occur at least within the next five years, per the Statewide Transportation Improvement Plan (STIP). Additionally, per City Code, surplus ROW is required to be landscaped via a license agreement with ITD if road expansion is not scheduled within the STIP. Because it is not scheduled, TTI) is willing to enter into such an agreement with the developer to landscape their ROW. Because road improvements are not planned, the Applicant believes they should be allowed to utilize the surplus ROW for the buffer. Because ITI) owns surplus ROW beyond their ultimate ROW, there is a jog of 40 to 100 feet from the ultimate ROW line. Allowing the VAR would allow the buffer to be constructed more uniformly across the property frontage and would not create as much of a jog in the buffer. (See Applicant's letter submitted with the application for more information.) VAC: The proposed Gardner-Ahlquist Gateway development is a re-subdivision of the majority of Montvue Park Subdivision. Prior to the recordation of the final plat for Gardner-Ahlquist Gateway subdivision and Gardner-Ahlquist Gateway South subdivision, the easements created with the Montvue Park Subdivision need to be vacated. (See Applicant's letter submitted with the application for more information.) MI: The Applicant states that several items included in the Gardner-Ahlquist Gateway DA show discrepancies (such as owner/developer, square footages, and number of buildings) and need to be cleaned up. In order to simplify the process for Staff and the Applicant to regulate allowed uses for the entire property, the Applicant is also proposing to combine the conditions of approval from the Gardner-Ahlquist Gateway South portion of the development into the Gardner-Ahlquist Gateway DA. (See Applicant's letter submitted with the application for more information.) 5. 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, a public hearing is required before the City Council on this matter. b. The subject application will, in fact, constitute a vacation 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 development agreement modification 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. d. Newspaper notifications published on: September 24, 2007 and October 8, 2007 e. Radius notices mailed to properties within 300 feet on: September 21, 2007 f. Applicant posted notice on site by: October 9, 2007 Gardner-Ahlquist Gateway VAR-07-018, VAC-07-012 & MI-07-012 Page 4 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2007 6. LAND USE a. Existing Land Use(s): Vacant, except for 1 existing house that is being removed. b. Description of Character of Surrounding Area: This area mostly consists of commercial and office uses with some rural residential properties in Greenhill Estates to the west. c. Adjacent Land Use and Zoning: 1. North: Commercial retail (R. C. Willey's), zoned C-G 2. West: Offices (Parkway Plaza), zoned L-O; Residential (Greenhill Estates), zoned R2 (Ada County) 3. South: HospitaUmedical center (St. Luke's), zoned L-O 4. East: Offices/residential (Touchmark Living Center), zoned L-O d. History of Previous Actions: - On July 10, 2007, the northern 26.84 acre portion of the subject property (Gardner- Ahlquist Gateway) was granted Annexation and Zoning (AZ-06-065) approval by City Council with a C-G (General Retail and Service Commercial) zone. A Development Agreement was also approved with the annexation (Instrument No. 107099628). - On April 24, 2007, a Variance (VAR-07-006) was approved for aright-in/right-out access to Eagle Road. - On May 28, 2007, the northern portion of the subject property (Gardner-Ahlquist Gateway) was granted Preliminary Plat (PP-07-007) approval by City Council for 11 building lots on 19.3 acres in a C-G zone. - On September 25, 2007, the southern 6.67 acre portion of the subject property (Gardner- Ahlquist Gateway South) was granted Annexation and Zoning (AZ-07-010) approval by City Council with a C-G (General Retail and Service Commercial) zone. A Development Agreement was also approved with the annexation (Instrument No. 107134668). - On August 28, 2007, the southern portion of this property (Gardner-Ahlquist Gateway South) was granted Preliminary Plat (PP-07-012) approval by City Council for 5 building lots on 6.67 acres in a C-G zone. - On August 28, 2007, the southern portion of this property (Gardner-Ahlquist Gateway South) was granted approval for the construction of a private street (PS-07-005). - On September 11, 2007, a Final Plat (FP-07-027) was approved by City Council for the northern portion of the site (Gardner-Ahlquist Gateway) for 11 building lots on 18.47 acres in a C-G zone. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: This property is proposing sewer from mains in Franklin Road. Location of water: There are currently water mains in Franklin and E. Louise Drive. Issues or concerns: When reviewing the plat for Montvue Subdivision for existing easements of record, Staff became aware that the old plat depicts a portion of land appearing to be right of way for the Snyder Lateral. Staff was concerned that this was actually a separate parcel of land, However Don Watts, ADA County Land Records Analyst consulted with the applicant and the Gardner-Ahlquist Gateway VAR-07-018, VAC-07-012 & MI-07-012 Page 5 ~ • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2007 County surveyor's office and has made the determination that the Snyder Lateral is in an easement, and that the property pins shown should be considered as witness corners, which was common practice at the time. 2. Vegetation: NA 3. Floodplain: This site is not located within the floodplain. 4. Canals /Ditches /Irrigation: There is one irrigation/drainage ditch that bisects the subdivision and one that runs along the south boundary of the subdivision. 5. Hazards: Staff does not know of any hazards that exist on this property. 6. Size of Property: NA f. Landscaping: Per the Future Land Use Map, Eagle Road is designated as an "Entryway Corridor" adjacent to this site. As such, the UDC (Table 11-2B-3) requires a 35-foot wide street buffer adjacent to Eagle Road. The UDC (11-3B-7C2) requires landscape buffers along streets to be placed in either a common lot or permanent easement at the subdivision boundary. The Applicant has submitted the subject variance to allow up to 35 feet of the required landscape buffer along Eagle Road to be located within ITD's right-of--way. 7. AGENCY COMMENTS MEETING No comments were provided for these applications. Please see the public record for any written comments that may have been submitted by other agencies on these applications. 8. ANALYSIS a. Analysis Leading to Staff Recommendation: Staff has provided analysis below regarding the proposed applications. VAR Application: The Applicant is requesting a Variance (VAR) to two different sections of the UDC pertaining to street landscape buffers. The first is for a variance from UDC 11-3B-7C2, which requires landscape buffers along streets to be located at the subdivision boundary within a common lot or permanent easement. The Applicant is proposing to construct up to 35 feet of the required 35-foot wide buffer along Eagle Road within ITD's right-of--way between Franklin Road and the proposed extension of Louise Drive. The second is for a variance from UDC Table 11- 2B-3 that requires a 35-foot wide street landscape buffer adjacent to arterial streets. The Applicant is proposing to construct the full buffer width on all but a small section (54 linear feet) on the northern portion of the site along Eagle Road. In this area, the Applicant is requesting that a Variance be granted to reduce the buffer width from 35 feet to 30 feet, measured from the future back of sidewalk to the future parking area (see Exhibit A.2). The Applicant states that because improvements to the Eagle/Franklin intersection were made two years ago, further improvements are not included in the five-year Statewide Transportation Improvement Plan (ST1P) for this area. For this reason, the Applicant is proposing, and will be required to, landscape the remaining ROW in this area until such time as a right-turn lane is added. Although the intersection of Franklin and Eagle has recently been improved, Staff does not believe it is built to its ultimate section. Staff believes that an east bound right turn lane will eventually be constructed from Eagle Road onto Franklin Road. Staff recognizes that this construction may not occur for some time. But as the Planning Department, our job is to account for future situations, not just the present. Therefore, Staff is not supportive of the Applicant counting the right-of--way that will be needed for the right turn lane as part of their landscape buffer width. Further, ITD does not typically allow trees, or any dense landscaping within their Gardner-Ahlquist Gateway VAR-07-018, VAC-07-012 & MI-07-012 Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2007 ROW. Staff is concerned that if the Applicant is allowed to use this much ROW towards their landscaping that it will not be densely vegetated. The ideal situation would be for the Applicant to apply to ITD to vacate a portion of the ROW along Eagle Road. That way there could be a consistent landscape buffer width along Eagle Road. The Applicant is currently in the process of doing a land swap with IZ`D and will be acquiring a portion of the ROW from them at the northern portion of the site. The Applicant has submitted a landscape plan with this application, included as Exhibit A.3 that shows how the buffer is proposed to be landscaped. This drawing does not account for the future right turn lane; landscaping shown on the plan should be shifted to account for the right-turn lane and should be provided on the site as shown. The Applicant has stated that they have submitted a landscape plan to ITD for approval of the proposed landscaping within the ROW. Staff obtained a copy of the ITD approved plan of the proposed layout of the Eagle/Franklin Road intersection depicting the future right turn lane and sidewalk, from Horrocks Engineers (see Exhibit A.2. of this staff report). This plan depicts 30 feet of ROW at the narrowest point measured from the back of sidewalk to the ultimate ROW line of Eagle Road. The ROW line is not consistent in width along this portion of Eagle Road; it widens to 35.4'+ further to the south. The plan also depicts a 10-foot wide sidewalk with tree grates that is attached to the curb along Eagle Road. The UDC (11-3H-4C3) requires a 10-foot wide multi-use pathway along Eagle Road. Because a 5-foot wide sidewalk currently exists along Eagle Road in this location and the Applicant does not wish to tear it up and re-construct it, the Applicant is proposing to construct a divided sidewalk intermittently along Eagle Road per the plan in Exhibit A.2 (i.e. 5 feet of sidewalk, then landscape planter, then 5 feet of sidewalk). The Applicant has requested that they be allowed to do this through a provision in the DA (see Exhibit A.6, #5.1.1. NOTE: If the Applicant attaches additional concrete to the sidewalk or does not construct a detached walk, then this width (10 feet) will not count towards the landscape buffer requirement along Eagle Road. After review of the Eagle/Franklin Road intersection plan, Staff has determined that in most places, there is enough surplus (the amount of ROW left after ultimate build-out) ROW in which to construct the entire 35-foot wide buffer; however, in the area where there is not enough ROW (541inear feet at the northern boundary), the Applicant is requesting a variance to be allowed a 5 foot reduction in buffer width to 30 feet - Staff is supportive of this request. The UDC has three very specific findings (see Exhibit B) that have to be met in order for the Council to grant a Variance. Staff believes that the Applicant's request meets these findings. For this reason, Staff supports the variance requests as proposed by the Applicant with the conditions stated below in Section 9. VAC Application: The Applicant is requesting to vacate the existing public utility, drainage, and irrigation easements in the portion of Montvue Park Subdivision that is being re-subdivided for the Gardner-Ahlquist Gateway development. Montvue Subdivision was previously a residential subdivision, the majority of which the Applicant is proposing to re-subdivide for a commercial subdivision. Prior to recordation of the final plats for this development, the easements platted with Montvue Park Subdivision need to be vacated. The easements proposed to be vacated include all utility, drainage, and irrigation easements for Montvue Park Subdivision excepting those lots under current ownership of ACHD (Lots 6 - 7, Block 1), ITD (Portions of Lot 1, Block 2, and Lots 7 - 8, Block 5), and Med Prop, LLC (Lot 2, Block 5, and Portion of Lot 3, Block 5). The subject easements include 3-foot wide easements for public utilities on each side of all side and rear lot lines and a 25-foot wide imgation and drainage easement (see Montvue Park Gardner-Ahlquist Gateway VAR-07-018, VAC-07-012 & MI-07-012 Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2007 subdivision plat in Exhibit A.4). The Applicant has submitted letters of relinquishment from Idaho Power, Qwest, Cable One, Intermountain Gas, and the Nampa & Meridian Irrigation District. Staff supports the vacation of easements as proposed by the Applicant. MI Application: The Applicant is requesting to modify several provisions of the recorded Development Agreement (DA) for Gazdner-Ahlquist Gateway (Instrument # 107099628) and also include the provisions contained in the Gardner-Ahlquist Gateway South DA (Instrument #107134668) in one modified DA for Gazdner-Ahlquist Gateway. The two existing DA's would be replaced with one agreement containing provisions that apply to the overall development. Staff has compared the two existing DA's and has made sure that all of the applicable provisions of the Gardner-Ahlquist Gateway South DA have been included in the proposed modifications to the Gazdner-Ahlquist Gateway DA. Please see Exhibit A.6 for the Applicant's proposed amendments to the DA. Staff is generally supportive of the request to include the provisions of both DA's in one agreement for the entire development. Because these developments are under the same ownership and contain roughly the same DA provisions, combining the two DA's into one will simplify the process for Staff and the Applicant to regulate the allowed uses on this site in the future. Please note the following items pertaining to some of the other DA modifications requested by the Applicant (See Exhibit A.6 for a comprehensive list of DA modifications): The Applicant has requested that Sectionsl.l, 1.9, 3.2, 3.3, 3.4 and 16 be modified to reflect Developer information instead of Owner information. The Ada County Tax Assessor's records indicate that Meridian Medical Plaza, Gardner Kem C Family Partnership, Joseph Verska, and Samuel Jorgenson all own lots within the development. Staff contacted Bill Nary, City Attorney, to determine if only the Developer could be listed on the DA and sign the DA. Because the DA determines how the property will develop in the future and is tied to the land, all of the owners of the properly have to be listed and sign the agreement. For this reason, Staff does not support the request to remove the owner information from the agreement. The Applicant has requested that provision #5.1.6 be modified to allow between 300,000- 400,000 square feet of office space, 52,000-74,000 square feet of retail space and a 140,000-200,000 squaze foot hotel consistent with the concept plan approved for this development with Gardner-Ahlquist Gateway South; and be required to have a minimum of thirteen buildings within the development, nine on phase 1 (Gardner-Ahlquist Gateway) and four on phase 2 (Gazdner-Ahlquist Gateway South). (Note: There were discrepancies between previous concept plans and DA's for this development in square footages and number of buildings required on the site. The concept plan shown in Exhibit A.8 is correct and should be included as an exhibit in the revised DA. The Applicant is now requesting changes to "clean-up" these items.) Staff supports the requested changes previously mentioned. Additionally, the Applicant is requesting an increase to the maximum square footage allowed for single buildings to 225,000 square feet. Staff supports this request with the added provision that no building footprint shall ezceed 75,000 square feet. (Note: Staff is not supportive of the Applicant's request to modify the proposed height of the hotel through the DA process. See bullet below). Further, Staff recommends that the concept plan included as Exhibit A.3 in the DA for the Gardner-Ahlquist Gateway South, shown in Exhibit A.8 of this staff report, be included in the new DA for the overall development. • In DA provision #5.1.16, the Applicant is requesting to be allowed to construct a 10-foot wide divided sidewalk intermittently along Eagle Road (i.e. 5' wide sidewalk, then Gardner-Ahlquist Gateway VAR-07-018, VAC-07-012 & MI-07-012 Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2007 planter island, then 5' wide sidewalk) to meet the UDC (11-3H-4C3) requirement for a 10-foot wide multi-use pathway consistent with the Eagle Road Corridor Study along State Highway 55/Eagle Road. The Eagle Road Corridor Study requires detached sidewalks along Eagle Road. However, the City Council heard and was supportive of this same request at the City Council hearing for the final plat on September 11, 2007. For this reason, Staff is supportive of the proposed divided sidewalk along Eagle Road to be constructed with the subdivision improvements for this development. Please note that if the pathway is attached to the curb, it will not count toward the required street buffer width; if it is not attached to the curb and is constructed as a detached sidewalk, the pathway width will count toward the buffer width. Additionally, Staff is requesting that the legal descriptions included in Exhibit A.7 of this staff report, which shows both the northern and southern portions of the development, be included in the DA to replace the original legal description for the northern portion of the development (Gardner-Ahlquist Gateway). 9. RECOMMENDATION Staff is recommending approval of the Applicant's request for a Development Agreement modification as modified by Staff in Exhibit A.6. Further, Staff is supportive of the requested Vacation of certain platted easements in Montvue Park Subdivision. Additionally, Staff believes that the Applicant's request meets the required findings for granting a variance (see Exhibit B), and is recommending approval of the variance with the following provisions: a. Applicant shall meet all terms and conditions of approval of the annexations (AZ-06-065 & AZ-07-010), preliminary plats (PP-07-007 & PP-07-012), and final plat (FP-07-027) previously approved for this site. b. Except for a small portion near the Franklin Road intersection, the Applicant shall provide a 35-foot wide landscape buffer along the Eagle Road frontage measured from the future back of sidewalk to the on-site parking, as shown in Exhibit A.2 and with the landscape materials shown in Exhibit A.3. The Applicant may construct all or a portion of the required street buffer within the Eagle Road ROW where space allows; any portion of the buffer that does not fit within the ROW shall be constructed on the Applicant's property. The required 35-foot wide street landscape buffer may be constructed within the ROW as requested and be placed beyond the 10-foot wide pathway constructed at the future back of curb location at the ultimate build-out of Eagle Road with the right-turn lane onto Franklin Road. The buffer width shall be reduced to 30 feet in width for the 541inear foot section at the northern portion of the site where there is not adequate room in the ROW for the entire buffer width. c. The 10-foot wide pathway along Eagle Road shall be constructed in its future location accounting for the future construction of a right-turn lane from Eagle onto Franklin Road, per the plan in Exhibit A.2. If the sidewalk is attached to the curb as shown, the width of the sidewalk will not count toward the required buffer width; if the sidewalk is detached from the curb, the width of the sidewalk will count toward the required buffer width. d. The Applicant shall obtain approval from the Idaho Transportation Department (right-of--way encroachment permit and permit to work in the State Right of Way) to landscape the surplus right-of--way for Eagle Road adjacent to this site as shown in Exhibit A-3 (surplus right-of- way shall mean all area behind the curb at ultimate build-out). If permission is not granted for trees within the ROW, the applicant shall submit an alternative compliance application to Planning Staff to review an amended landscape plan for compliance. Gardner-Ahlquist Gateway VAR-07-018, VAC-07-012 & MI-07-012 Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2007 10. EXHIBITS A. Maps/Other 1. Vicinity/Zoning Map 2. Plan Showing Ultimate Expansion of Eagle Road with Right Turn Lane at Franklin/Eagle Road Intersection & Detail of Proposed Sidewalk 3. Landscape Plan 4. Montvue Park Subdivision Plat 5. Description and Exhibit Map Depicting Easements Proposed to be Vacated 6. Proposed Modifications to the Development Agreement for Gardner-Ahlquist Gateway 7. Legal Description 8. Concept Plan REVISED 9. Building Elevations B. Required Findings from Unified Development Code (Variance) Gardner-Ahlquist Gateway VAR-07-018, VAC-07-012 & MI-07-012 Page 10 Exhibit A.1 - Vicinity/Zoning Map • Exhibit A.2 -Plan Showing Ultimate Expansion of Eagle Road with Right Turn Lane at Franklin/Eagle Road Intersection & Detail of Proposed Sidewalk • -;'' i i ____ i ~~' ~ ~_ I.~ x -- ~-- _ ~, '~ J __ T ~,, , ( TD PROPERTY (SEE P m.\ nom ---- - - _ ~ ~-- ± ~ i t ,;. ~ ~ ' {, g_ ~ ,~ rm~o<---- _tL~-A ~_~_-~_~ _~-- ~ 1. 1- f~ emT ~ ® ~~~ lov em -U Elm[ 0.MU (PIY0.C1 ` A ~1 BSI anrz ''p'1= ~-~ -~ I- AAA ~ ~ ~ -~ t°~ '°~w ~-~ 1\l -~ '0f~ ~ I- `~~°im -. "~ ~ ~ Ana w[ c1v~aRVaa® T 1 4 T 4 0 m w~,~ s~~w~ ~~ ~~ ~`~ 9 ~,,, ~ `~mm m~ X18 4w~N0, HORROCKS e.e rnoala® ~ ~w ~-gv,mns ''.E N G I N E E R S a~ >~ OARDI~RdWLQUI3T OAlEWAY BUBDMSION ~ ~ Exhibit A.3 -Landscape Plan (prepared by The Land Group, dated 10/10/07) r'G~.m,®. 1 PLANTING LEGEND _ ~ ',. ~ ~v eorawav.rauE aom rum -"w7 'TWA" ® I m m ; w ® I ~ I m F:,, a e a Q ~ ~ ~" I J v D _ i o~m ~` I oW~ I" _ o_ v ® 6 6 K ~ L, I O ~ a +~ ~ ~ I~ . ~; :;~ ~ .~,~. I ~® I ,. _ I ~~.~ a ~~ o u ~ a ~qi .aex~am, n~ws, L1.1 Exhibit A.4 Montvue Park Subdivision Plat #+m72 e7ssdi,`e9iw t~ahro~r, +nac?mgru+~ aeY• drmcFs J~ mad ' avdt fat' trees am ixasdBd,. la~e/sv»4east Fb .A~fo-! .. .ev! Lek ~1®.+r~m~+ST®Y!.~L.. ~7.b<.srtow~sts~d ICMCe~ ~trC~ o#'Pdo ~ Ies4~ra. 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AdA COUNTY IDAHO rmr' _W 6 -~ ~ ffi a 0r~-^ AY 64yr pe • nl`prB~lSrNi Mr CEFef`+FiRATE ®i cottaty AECA g46"E ~ t4A1eCi 2f CQUNi~i ~ An11 d 6/ehtst~y tvcth9ldr dell ea 2a AU.,dG96 f62~ m! +ra{sdrs+~~f ~ ,R1 ~ e~wortwca d~ nrzir.+r~ ~M ~P>i ~° wfvj° Of d 2~4t?a dH Of/L~E. and netavlfe~ dA Bm+P./y a ~f2faYa a1 ~,Ots d11~~~•~ ~,__ ,i~fdaiedamly, ldaJ~a ~ ~. ~moen°et ~~~ ~1{ WErn~ ' ~ ~ LN ffd' C+lPJ! !iM 6 rslN4 YM WAS R?6M (+b' M~6 A Oi!Y 64e tl® U4'1 •H ~ _ f4 dN" 4/M~ee A' • aw nar am sin' s: ca ~ r q~n w+4 tlK ~ ..rnao h w s. q H~4 /4~+~ 94 • Exhibit A.5 -Description and Exhibit Map Depicting Easements Proposed to be Vacated All utility, drainage, and irrigation easements for Montvue Park Subdivision excepting those lots under current ownership of ACRD (Lots 6 - 7, Block 1), ITD (Portions of Lot 1, Block 2, and Lots 7 - 8, Block 5), and Med Prop, LLC (Lot 2, Block 5, and Portion of Lot 3, Block 5) ®=Utility Easements ~~ =Drainage /Irrigation Easement Boandary e sue, oaR. - e. ~. .~ ~~ t is ewm9 am __._ __.~• - --- -- to tms.~s~ e _.~..__~ , __ e- _ t~fi ._ - -- --.~ -_:_ ._ _ _ . - -. _._ r - ~~ ~r ~~ 4 I ~ ~~ ~ 9 i ate' ~~r i 9LIICt(t /~~yy i _~ ~ o ~~ ~ . _~: ~ m ~ ~~• 9 i ~i "'~ ~ •~ ./~~ ~. ~~ ~ o • '~ • ~ I ! ~ ~ ~ ;, i i ~ ,,, I ~ , ~ L~ i q ;~! /a' ICI _ (` I ~ ~s ~ , E ~ Q ~ ~;. ~ i ~ ~I ~ ~~~ ~~ i i ~ ~ ~ , r.. I ~ Misr `°~' , ~ ~ ` } ~ l ' '~ ~ ~~ v ~~ I t ` aoeuvS ~ //~~yy ~ © 4~ ~~CIC 5 i ! ~Zq - -- « ersra .-- ~- - - ~ _~ srau~lvn --ii eres~ s l~ ~e.+x 5~ 0 d `~ Yi~6= ~J Exhibit A.6 -Proposed Modifications to the Development Agreement for Gardner-Ahlquist Gateway MODIFICATIONS REQUESTED ARE AS FOLLOWS (strike-through or underlined): (Staff's recommended DA provisions noted in red italics below Applicant's requested modifications.) Stated: PARTIES: 1. City of Meridian 2. Meridian Medical Plaza, LLC, Owner 3. Gardner Ahlquist Development, LLC, Developer Requested: PARTIES: 1. City of Meridian 2. Meridian Medical Plaza, LLC, Developer Staff does not support the requested modification. However, Staff does support the update of the owner/developer information to reflect Meridian Medical Plaza, Gardner Kem C Family Partnership, Joseph Verska, and Samuel Jorgensen as owners of the property; because Meridian Medical Plaza is also the Developer, they should be listed as "Owner/Developer. " (See Staff analysis in Section 10 of this report for more information.) Stated: THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of , 2007, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, Gardner Ahlquist Development, LLC, whose address is 13901 W. Wainwright, Suite B, Boise, Idaho 83713, hereinafter called DEVELOPER, and Meridian Medical Plaza, LLC, whose address 13901 W. Wainwright, Suite B, Boise, Idaho 83713, hereinafter called OWNERS. Requested: THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of , 2007, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and Meridian Medical Plaza, LLC, whose address 13901 W. Wainwright, Suite B, Boise, Idaho 83713, hereinafter called DEVELOPER. Staff does not support the requested modification. However, Staff does support the update of the owner/developer information to reflect Meridian Medical Plaza, Gardner Kem C Family Partnership, Joseph Verska, and Samuel Jorgenesen as owners of the property; because Meridian Medical Plaza is also the Developer, they should be listed as "Owner/Developer. " (See Staff analysis in Section 10 of this report for more information.) Stated: 1.1 WHEREAS, Owners are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and Requested: 1.1 WHEREAS, DevelopeY is the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; an Staff does not support replacing "Owner" with "DevelopeY" for the reasons previously stated. (See Staff analysis in Section 10 of this report for more information.) Stated: 1.7 WHEREAS, City Council, the 8~' day of May, 2007, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibits B and C, which are Requested: 1.7 WHEREAS, City Council, the 8a' day of May, 2007, and the 28a' day of August, 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 Staff supports the requested modification to include the approval date of Gardner Ahlquist Gateway South portion of the development. Stated: 1.9 DEVELOPER and/or OWNERS deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and Requested: 1.9 DEVELOPER deems 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 Staff does not support this request for the reasons previously stated. (See Staff analysis in Section 10 of this report for more information.) Stated: 3.2 DEVELOPER: means and refers to Gardner Ahlquist Development, LLC, whose address is 13901 W. Wainwright, Suite B, Boise, Idaho, 83713, the party developing said Property and shall include any subsequent developer(s) of the Property. • • Requested: 3.2 DEVELOPER: means and refers to Meridian Medical Plaza. LLC, whose address is 13901 W. Wainwri t, Suite B, Boise, Idaho, 83713, the party developing said Property and shall include any subsequent developer(s) of the Property. Staff supports the requested modification as Meridian Medical Plaza is now the developer of the property. Stated: 3.3 OWNERS: means and refers to Meridian Medical Plaza, LLC, whose address is 13901 W. Wainwright, Suite B, Boise, Idaho, 83713, the parties that own said Property and shall include any subsequent owner(s) of the Property. Requested: 3.3 DELETE Staff does not support the requested modification. Because Gardner Kem C Family Partnership, Joseph Verska, and Samuel Jorgensen also own lots in this development, they should be added as owners and should sign the DA. Stated: 3.4 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be re-zoned C-G (General Commercial District) attached hereto and by this reference incorporated herein as if set forth at length. Requested: 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-G (General Commercial District) attached hereto and by this reference incorporated herein as if set forth at length. Staff does not support the requested modification to change the item number of this provision as Staff does not support the previous request to delete provision #3.3. Additionally, the Applicant did not request a change to the parcel description referenced in Exhibit A above to reflect the inclusion of both the north and south portions of the development but Staff is requesting that the legal descriptions included in Ezhibit A.6 of this report be included in the amended DA. • • Stated: 4.1 The uses allowed pursuant to this agreement are only those uses allowed under the City's Zoning Ordinance codified at Meridian City Code, Section 11, which are herein specified as follows: 11 commercial lots in the proposed C-G zone on 22.30 acres, and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ- 05-065 application. Requested: 4.1 The uses allowed pursuant to this agreement are only those uses allowed under the City's Zoning Ordinance codified at Meridian City Code, Section 11, which are herein specified as follows: Sixteen (16) commercial lots and one lot for the construction of a private street in the proposed C-G zone on 24.92 acres and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to these AZ-06-065 and AZ-07-010 applications. (Note: PYOVlslon #4.1 in the DA for Gardner Ahlquist South reads, "S Commercial lots on 22.3 acres in the proposed C-G zone and construction of a private street for Gardner- Ahlquist Gateway South and the pertinent provisions of the City of Meridian Comprehensive Plan applicable to this AZ-07-010 application. ') Staff supports the requested modification. (Note: The acreage was shown incorrectly on the previous DA 's so the acreage for the overall development is different than that shown previously. See legal descriptions attached in Exhibit A.6.) Stated: 5.1.6 The site shall develop generally consistent with the submitted concept plan and shall include between 200,000-300,000 square feet of office space, 30,000-50,000 square feet of retail space and a 20,000-40,000 square foot hotel. A minimum of 11 buildings shall be required on this site. No single building shall exceed 125,000 square feet. Requested: 5.1.6 The site shall develop generally consistent with the submitted concept plan and shall include between 300, 000-400.000 square feet of office space, 52.000-74.000 square feet of retail space and a 140.000-200, D00 square foot hotel. A minimum of thirteen 13) buildings, nine (9) on Phase 1 (Gardner Ahlquist Gateway No. 1) and four 4) on Phase 2 (Gardner Ahlauist Gateway South, shall be required on the development. No single building shall exceed 225.000 square feet. (Note: Provision #5.1.6 in the DA for Gardner Ahlquist South reads: "The site shall develop generally consistent with the submitted concept plan and shall include between 165.000-208.000 square feet of combined office and retail space (between 492, 000- 674.000 s~feet total, including the north phase). A minimum of 3 buildings shall be required on this site. No single building within the GardnerAhlquist Gateway South Subdivision shall exceed 100.000 square feet. ' . Citv Council approved 300.000 square feet of office space 52 000 square feet of retail space and a 140 000 square foot hotel with a nxoyision that allows the Planning Director to allow a plus or minus IO% change in square Dotage on anv individual building Staff supports the requested modification in the minimum number of buildings required on the site - to 13. Staff supports the request for an increase in the size of single buildings, not to exceed 225, 000 square feet with the added provision that no building footprint shall exceed 75,000 square feet. Further, Staff recommends that the concept plan plan subfnitted at the hearing depicting the square footage of structures ' . E~a.~h shown in Exhibit A.8 of this staff report, be included in the new DA for the overall development. (See Staff analysis in Section 10 of this report for more information.) Stated: 5.1.7 All buildings on the site shall be generally consistent with the conceptual office and retail elevations submitted with this application. All buildings shall also be subject to the city's Administrative Design Review. The applicant shall be allowed to construct up to 100-foot tall buildings without alternative compliance or conditional use permit approval. Requested: 5.1.7 All buildings on the site shall be generally consistent with the conceptual office and retail elevations submitted with these applications. All buildings shall also be subject to the city's Administrative Design Review. The applicant shall be allowed to construct up to 100-foot tall buildings without alternative compliance or conditional use permit approval. Sta, ff supports the request as this covers the overall development. Stated: 5.1.11 Locate a minimum of two (2) buildings abutting the landscape buffer along both Eagle and Franklin Roads as shown on the concept plan. Requested: 5.1.11 Locate a minimum of two (2) buildings abutting the landscape buffer along Franklin Road as shown on the conceit plan. Locate a minimum of five (5 buildings abutting the landscape buffer along Eagle Road, two (2) of which to be sited on Gardner-Ahlquist Gateway No. 1 and three (3) of which to be located on Gardner-Ahlquist Gateway South (Note: Provision #5.1.9 in the DA for Gardner Ahlquist South reads: "Locate a minimum of two buildings abutting the landscape buffer along Eagle Road. ') Staff supports the requested modification as it meets the minimum requirements of both of the DA's. Stated: 5.1.16 The Applicant shall be responsible for the construction of a 10'-wide multi-use pathway (with a public use easement) and the installation of street lights and landscaping along Eagle Road / SH 55 that is consistent with the Eagle Road Corridor Study. Requested: 5.1.16 The Applicant shall be responsible for the construction of a 10'-wide multi-use pathway (with a public use easement) and the installation of street lights and landscaping along Eagle Road / SH 55 that is consistent with the Eagle Road Corridor Study. However, the Applicant shall be allowed to construct divided sidewalks intermittently along Eagle Road to permit landscape planters (i.e. five feet (5') of sidewalk then landscape lp anter then five feet (5') of sidewalk) as allowed by the Idaho Transportation Department Staff supports the requested modification. However, the Applicant should note that if the pathway is attached to the curb that a full 35 foot wide buffer will be required measured from the back side of the pathway. If the pathway is detached from the curb, the pathway may count as part of the required street buffer width. Stated: 16. CITY: DEVELOPER: c/o City Engineer Gardner Ahlquist Development, LLC City of Meridian 13901 W. Wainwright, Suite B 33 E. Idaho Ave. Boise, ID 83613 Requested: 16. CITY: DEVELOPER: c/o City Engineer Meridian Medical Plaza, LLC City of Meridian 13901 W. Wainwright, Suite B 33 E. Idaho Ave. Boise, ID 83613 Staff supports the requested modification as Meridian Medical Plaza is now the developer of this site. Stated: 22. DEVELOPER: GARDNER AHLQUIST DEVELOPMENT, LLC l_.J Requested: 22. l__J By: OWNERS: MERIDIAN MEDICAL PLAZA, LLC By: DEVELOPER: MERIDIAN MEDICAL PLAZA, LLC By: Staff does not support the requested modification. However, Staff does support the update of the owner/developer information to reflect Meridian Medical Plaza, Gardner Kem C Family Partnership, Joseph Verska, and Samuel Jorgenson as owners of the property; because Meridian Medical Plaza is also the Developer, they should be listed as "Owner/Developer. " (See Staff analysis in Section 10 of this report for more information.) i Exhibit A.7 -Legal Description I.1~arAI. D)~SGRI3~~`I®AT GARDI A~iL~C'L° GrAT~~AY SIJBI~~J1`SIBN i\Tlllltlig~R,1 ~ PSI ofland being a~portian of~$ p~ ~ul~ivision &naik 17 at P and ~reing loci inn + Ai'oatht 1~4 0l: tl~ 1Vmtha~st IA4 of ;' T t17 of T°ovvns3tip 3 ~ 1 ~ Bois ~a~, Cits+ o€~~ Ada and de~iihed as fc~ows: ; Idaho Bemis of b the W~ lies oP;I~*~w~t 1!4 a€said Ser~a~t 15 ~rlv~ &~ found mon~rer~ts~and tatt~t ~ ~ortht~ltl'34'~ West a dia~,~ of2G53.111 fret; CQNC~+dG at ~ braes cap mom~ncrn m~ t}~ Notthv~t corgi of the 1~aithwest it4 of Sion 1~, Tovv~ship ~ Nortb, Mtge 1 I~eridiaa; thence along the'~V~at 1i~ of mid Nortlt?tvest 114 S+at~ ~°2U°34" F.,sst a tliste of $S6S5 fit { &a~ which €~ Sourest cones of mid Nasth~t 1!4 bears Sow f16°2t3'39'" a cliff of i 79.46 feet). llle~t~ 1~~ seid West 1iIIe Souk $9°38`2b~ 1Q t1t8 Fasted North a ltd a ~ of 7U.ti~ fit, Y -cf Way ofl being the P{~1l`1T CIF FETING; theme aio~ smid light-of-Way the f~il~ thirteen {t 3) der: Muth Ot)~©'34" ~Ves# a ~e of 198,27 ATorth 89°3" E~..distaace of 1fi~i.08 l~kQrth ~0~20'34" 1'~~ a distonre of 73.n2 South 8§°41~ti" W~ a e a€3S:(it? f North ti0°2t" West a ~ ~ 118.S-b feeta ~ta~th 8~3°4l ~7" a~ distance of 55:Qt1 f~ I~oRh X0'34" feat a distam~ t~f'Z9.~2 fie~t; North 11 °41'53" g distarRC~.trf29,56 feet; ~~T3nrtLh pOl~ip~+~~Q~('s~}(4~" ~W~e,,~st.~t ,~opf+~iA1~1.y34 feet; North $7 J7 $Up ~r~+i. L ~ {;~i Vl JJ.~ J North $0°34" WG~t 8 c8stance of 98.33 feq; Aiorth t~°20'3?1" West tai the ~T$ht-oll:'Way aF Frlin Road a dista~e of 14$.90 f~ ~v~ said F.~teriy rgl~t-uf ra~r aa~d bong said utheily Fight-af Wnp tip (~ courses: South ~°18'34" a dim of X1.98 Soli 94®23'34p East a das~tcs of 109.I9 few; North 00°2tI'34" Wort a diatarace ol']31.9sfeet; Nsrth 87`°'46'10" Fast a d~ancs of3~4.61 South 89°19'3x" East a of~88.83 fee3; Fie I oft; p 1 ra~ta~a>an~ Said I'er~el c~atains apgr~ximate.~ 18.a~# ~ ctr ]ens, : is subjt iii nt~ ~d ruts-~ ~Ys of r~ud ~ iutpti~t. 1 Q~ T}ESCRI'TIOfit. Keasae~ H. C~k P.L.S. ?895 ~' ~n~tvve~~ng ~'71'$rk 'V~ay, Spite' Y~i Imo $651 48~-5~7 ~2~f~1~1 [r~T~-S±a~ A6M fa~,ae~ia~ c~u~a~ Per «y r~Ax~-97 t+,d~ • L.f?~r,~lL I)1^~SCRIPTIt7'1~ G1~IER t'JI~T G~,1'I;WA'~' l'VISI~1~ l pawl ~f land ~~ ~ ~ ~fl+ily~ l'~ Su1~ision Bak 1? at a 11~D~ of plan 1 In tl~e 1`fivrt~tw~st 1l4 of~tzs 1V~®rYl~w~t lt4 afti 16y `Tc~ 3 I~luath, 11 13~ise grin, Cit~r ~f Meridiem , ~vua~y, ~d d'lseci ~s fall~v~s; Bra of ~~ beaetg the Wyss li~se ~f ~e Nv~~ve~, I l4 of s iun ~~ tia~v~d from fousad s~ca -amd lea ~t N~ ty0°2~3'"'4t~~st aa~l tt ~ #`~~ to ~ 2653,131 fit. C(l~tt at a brass ~p msr~t~ertt tie Nit r,~mer of the AI U~ ~f Sc~taan 16, ~~ 3 ~nrth, e 1 ~ Beris~ ridi ~ the West ~ ~f ~ Ntr+w~t ~l4 Sautb 13~2{-'34" $ d,r~ ~f 856.55 feet aad ~rhi~h Ilse S~ut~S eat c~fseid TTortlav~st 1/4 '. ~c~uth Q~°2i3'34" a ' . ~f 17 4~ f+e~t; tltbnce fe~ving said'QV~t 8~uth 89~~9~6~ E~sat to tl~ t~rly. Rif may of liter a ~sd, a cif 7~.~ feat :tom P'Ql3'J3' E3F F3ECG~IV~.'31111C3 tlteaee lenvin~:id fly l~ight~~~,tay S ZxB`35" Fit a distsaee of 3~1 t5.59~ youth 8~°27'S3" Fist ~ -e mf4~.41? € . tlce South ~'1[1'38" a d~ of 1~Z.A3 fit; f Scsuth :89°28`29" a of 11~Q.23 ; th~ce Seuth 4Q°1~'~$p a tt~ 26,1 f '29" s distatrcb of 179.74 tlc~ i~darth ~"~~`?.~" a d~ uf40.40 few, tlcen~ Sot-~ 00®t}5`39" a of 10.16 fait, South ~9°12'211" a dist®~ce ofS:lf feet; along a: ~a curve to r%Sht, f~um a x~i~. Sca~h 6016°25" ~~, v~tl! a i~adi~ ~f 64.47 feet acid a agile ~f 903 i`2S" an urc of I tDl,~6 fps (rvitb. u e~ard of S 45~~2'~?" Wests and a algord of 91.59 ); thence North $9°12 Weft a d3acu of ~, l4 f thence SQL {30'45'#J9<~ ~ ttte Namely Rim-t~~ Way of ~i.I~ukea Std, a of 154.14 feed alougsaid 3N'ortlte~lg~ Iti-csf '4~ay ~+Tc~rtli S9~T'~ID~ Wass tsa std E~t~tl lera~im~d~t-r~~rl~ Ri~ii-~nf-Wt~ a~td ai~n~ said ~rl~ ~i~~ V~'aX 1~ following trvo (~~ cxwraes• 1®f 2, Said Par€ cs~ a~prra~i~te~y ~. a car and is subjt. t~ all eac~stin~ cps of ~ csr 3~iD f~~ ~CRIl'TI~l'+1. K.ea~nath H. Ic I.L.S. 4895 T' ' a ~~e. $4~ fade `~~y; S~it~ 3 3~aa~pa~ Ids 8353 215-5G~7 Pin ~ af2s Phi ~ e~~s-sc. ~u~~- 7a~~ac~y~2 ~atag~~-m~,+eae: Exhibit A.8 -Concept Plan -REVISED s~ ~ ~~~------ ~ ~ i I ~ B ] ' i F- i iz 1 `- ~ I ~~ %' __~ ~~ tom? W g ~8 VJIe m U" a=~ aC 0~ . ~ ~_ ~ ~ # ~~ OFFICE..... A. _ ._,_ _- F • Exhibit B: Required Findings from the Unified Development Code (Variance) The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-SB-4E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings. a. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: The Applicant is requesting approval to construct up to 35 feet of the required 35-foot wide landscape buffer along Eagle Road within the ROW instead of at the subdivision boundary as required by the UDC. Staff is generally supportive of this request as the ultimate build-out of Eagle Road results in some surplus ROW. Additionally, the ROW width in this area is quite irregular and would result in a jagged buffer if constructed as required. If the Applicant provides a 35-foot wide street buffer measured from the future back of sidewalk and landscaping in accordance with the standards in UDC 11-3B-7C, the City Council finds that a special privilege will not be granted to the Applicant. b. The variance relieves an undue hardship because of characteristics of the site; When IT'D purchased the subject right-of--way, Staff believes that ITI) envisioned Eagle Road being wider than five lanes, as currently planned for this area with the Eagle Road Corridor Plan. To ensure that the subject property owner is not burdened with maintaining and enhancing the surplus right-of--way adjacent to this site after TID completes the improvements on Eagle Road, City Council grants approval of the subject variance. c. The variance shall not be detrimental to the public health, safety, and welfare. City Council finds that allowing the landscape street buffer variance on Eagle Road will not be detrimental to the public health, safety, and/or welfare. • November 2, 2007 SHP 07-006 MERIDIAN CITY COUNCIL MEETING November 7, 2007 APPLICANT Specialty Contracting, LLC ITEM NO.J~-D REQUEST Findings for Approv®I -Request for Shorf Plat Approval to create 3 commercial building lots on 0.98 acres in a C-G zone for Minert Plaza - 623 East Shiller Lane AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See aiMached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Mat®rials presented at public meetings shall become property of the City of Meridian. • . CITY °F MExro'`~r' ~.~Vl E IDIAN~-- FINDINGS OF FACT, CONCLUSIONS OF LAW g ~ ~ N ~ AND DECISION & ORDER In the Matter of Short Plat approval of three (3) lots in an existing C-G zone, for Minert Plaza Subdivision, by Specialty Construction, LLC Case No(s). SHP-07-006 City Council Hearing Date: October 16, 2007 Findings for the City Council Regular Meeting of: November 7, 2007 A. Findings of Fact 1. Hearing Facts: The Meridian City Council heard this item on October 16, 2007. At the public hearing they approved the subject short plat application. a. Summary of City Council Public Hearing: i. In favor: David Bailey (Applicant's Representative) ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Anna Canning vi. Other Staff commenting on application: None b. Key Issues of Discussion by Council: i. Cross-access to property to south c. Key Council Changes to Commission Recommendation: i. None 2. Process Facts: a. The subject application will, in fact, constitute a short plat, as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: September 24, 2007, & October 8, 2007 (City Council) c. Public Service Announcements made on: September 24, 2007, & October 8, 2007 (City Council) d. Radius notices mailed to properties within 300 feet on: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). SHP-07-006 i ~ September 21, 2007 (City Council) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 16, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 16, 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. 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, Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of October 16, 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 Short Plat, as evidenced by having submitted the Plat, dated August 22, 2007, is hereby conditionally approved; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). SHP-07-006 i i 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of October 16, 2007, incorporated by reference. D. Notice of Applicable Time Limits 1. Notice of Preliminary Plat Duration: Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the Applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, 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 met, and the Applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty- eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521, an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of 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 October 16, 2007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). SHP-07-006 • By action of the City Council at its regular meeting held on the 2007. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD ~~ ~'~~ ~ //~~~~~rrrrr++ +~~`1 ~~ day of VOTED__~~~- VOTED__ G~~%~'`~ VOTED /J VOTED__ G~~ VOTED '~~ de WEERD r By: ~,,~~ ~ Dated: ~~'Q l~ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). SHP-07-006 Copy served upon: ~ Applicant ` Planning Department Public Works Department City Attorney FROM: Jenny Veatch, Assistant City Planner 208-884-5533 Scott Steckline, Development Services Coordinator 208-898-5500 CITY OF MERIDIAN PLA NING AND PUBLIC WORKS DEPARTMENTS COUNCIL REPORT COUNCIL REPORT: E IDIAN- TO: Anna. Canning, Planning Director ~ DATE: October 16, 2007 SUBJECT: Minert Plaza Subdivision Short Plat Request for Approval of Minert Plaza Subdivision Short Plat Consisting of 3 Building Lots on 0.98 Acres in a C-G Zone by Specialty Construction, LLC (File# SFIP-07-006) We have reviewed this submittal and offer the following conditions of the applicant. APPLICATION 5UNIlVIARY & LOCATION The applicant, Specialty Construction, LLC, has applied for short plat approval of 3 commercial building lots on 0.98 acres in a C-G zone for Minert Plaza Subdivision. Minert Plaza Subdivision is located at 623 E. Shiller Lane on the west side of S. Stafford Drive, just south of east Franklin Road in the NW 1/ of Section 18, T.3N., R.IE. This property was previously platted as Lot 10, Block 2 of Honor Park Subdivision No. 3. The subject property meets all of the applicability requirements as stated in UDC 11-6B-SA and is eligible to be processed as a short plat. Council recommends approval of Minert Plaza Subdivision Short Plat with the comments and conditions stated in this report. REQUIRED FINDINGS FROM UDC 11-6B-6 In consideration of a short plat, the decision-malting body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan; The Comprehensive Plan designates the future land use of this property as commercial. The current zoning district of the proposed subdivision is C-G (General Retail and Service Commercial). The proposed subdivision plat complies with the Comprehensive Plan. B. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services are available to accommodate the proposed development. Water and sewer services are proposed to be extended into each lot from adjacent streets. Fire, police, solid waste and irrigation services are all adequate. The adjacent public roadways have been completed to the required design and approach standards. SHP-07-006 Minert Plaza Subdivision SHP.doc PAGE 1 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS COUNCIL REPORT C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvements program; Council finds that the subdivision will not require the expenditure of capital improvement funds. All sewer and water extension for this area were planned to be developer driven. All required utilities are either in place or will be put in as a requirement of the developer. D. There is public financial capability of supporting services for the proposed development; Council finds that the development will not require major expenditures for providing supporting services. The developer and/or future lot owners will finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. E. The development will not be detrimental to the public health, safety or general welfare; and Council recognizes the fact that traffic and noise may increase with the approval of this subdivision; however, Council does not believe that any additional amount generated will be detrimental to the general welfaze of the public in the surrounding azea. Council finds that the development of this site will not involve uses that will create nuisances that would be detrimental to the public health, safety or general welfare. F. The development preserves significant natural, scenic or historic features. Council is not aware of any significant natural, scenic or historic features associated with the development of this site that the Director and City Engineer should be aware of. PLANNING & PUBLIC WORKS DEPARTMENTS -SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved preliminary and final plat for Honor Park Subdivision Number 3. Z. This Short Plat shall become null and void if not recorded within one yeaz of the approval date of the Short Plat. Revise or add the following plat notes on the face of the plat prepared by Bailey Engineering, Inc., and dated 08/22/07: 7.) Revise to include instrument number. 4. For all private roadways, driveways, and as each lot develops a drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street pazking azeas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. The landscape plan, prepared by Bailey Engineering, Inc. and dated August 16, 2007 is approved with the following changes: SHP-07-006 Minert Plaza. Subdivision SHP.doc PAGE 2 CITY OF MERIDIAN PL~NING AND PUBLIC WORKS DEPA~ ENTS COUNCIL REPORT a.) Revise to include calculations table. b.) Revise to include 1 tree in each landscape planter in front of the buildings on Lots 1 and 2, Block 1 (iJ]DC 11-3B-8C.ld). c.) Revise to include ground cover in the required street landscape buffer along E. Schiller Lane and S. Stratford Drive, and the entire parking lot perimeter landscape buffer. Shrubs, plants or grass must cover at least 70% of required planting area at maturity (UDC 11-3B-SIT). The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3B-6-D). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, 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. 7. Applicant is required to have two water connections due to fire flow requirements in S Stratford Drive and E Schiller Lane with a future connection line stubbed to the south. 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. Council's failure to cite specific ordinance provisions of the Unified Development Code does not relieve the applicant of responsibility for compliance. GENERAL CONDITIONS 1. 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. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 4. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. FIRE DEPARTMENT COMMENTS All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. COUNCIL RECOMMENDATION COUNCIL recommends approval of the short plat for Minert Plaza Subdivision Short Plat (Sl3P- 07-00~ with the above stated conditions. SHP-07-006 Minert Plaza Subdivision SHI'.doc PAGE 3 ~. CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS COUNCIL REPORT Exhibits 1. Submitted Short Plat ~ ~~~~~ ~~~~i ~~Q ~~~ ~ a 3 ~ g= ~~mg~ ~' ~~ ~s ~ ~~~ ,; ~ e~ s ~ ~ ~~~ ~~~~~~~ ~ a E G R 6 9^. m ~~w ~a ti~• ~~~~ (~r~a'o ~~o~ ~~q[~p~~y _ cr{ ~ `'4 K7' V ~~4t~,-~ ~~~ fl~~ ~~~u ~~4 ~ w. ~~~ w ~ ~~a ~~ (~ 4 ~ j' c ~~ ~~ ~ ~~~ ~~ ~ ~~~~u ~ ~~ gg -g~ 5~1 ~~'F~ ~~ ~a~~~~ ~ ~ ~ a c,- ~~ ~~ '~_ ~ ~~ o ~ ~; ~ `,~ i !~h, O 9S 6 T « C ~~'RJ i "~____~ ~~~~ ~ ~~ ~; ~, ~~t~i- I 8 .... SDtI'2~'54°W ___~~ I ;ate I I ~ ~ I I e • _ I ~ 1 1 ~ ~ k ~ ~ ~ ~ i I a ~~ i I _ I I a,.r^"""-_..-- ~y it 4 I '~ - I j ~ ~~ ....1. - - " affi' rp~itlti _, ~' C 1 1 c H3 ~~ PS°a 3 ~ PARit q ~~ 6b z ~', p5_ w Exhibit 1 • • November 2, 2007 PP 07-014 MERIDIAN CITY COUNCIL MEETING November 7, 2007 APPLICANT Kuna Victory, LLC ITEM NO. 5-E REQUEST Findings for Approval -Request for Preliminary Plat for 34 commercial /retail building lots and 1 common lot on 17.84 acres within the C-G zone for Emerson Park Commercial -Meridian Rd and 110 East Victory Rd AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY. ATTORN EY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Flndings Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. DEC i 8 2007 City Of Meridian City Clerk Office . ~~ CITY OF MERIDIAN ~+ T T A FINDINGS OF FACT, CONCLUSIONS , ~ • ~ E:. • ~~D~AN~-- OF LAW AND 1 D ~ H Q DECISION & ORDER _. . In the Matter of Preliminary Plat for 34 commercial retail building lots and 1 common lot on 17.84 acres in a C-G zone for Emerson Park, by Kuna Victory, LLC. Case No(s). PP-07-014 For the City Council Hearing Dates of: October 2, and 23, 2007, November 7, 2007, and December 4, 2007 (Findings on the December 18, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 23, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 23, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 23, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 23, 2007, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title i 1 Meridian City Code, and al-1 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. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-07-014 -1- • 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval aze imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Preliminary Plat and the Conditions of Approval all in the attached Staff Report for the hearing date of October 23, 2007, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided i~n Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which aze herein adopted, it is hereby ordered that: 1. The applicant's Preluninary Plat as evidenced by having submitted the Preliminary Plat prepazed by Toothman-Orton Engineering Company, dated 7/6!07 is hereby conditionally approved; and, 2. The site specific and standazd conditions of approval are as shown in the attached Staff Report for the hearing date of October 23, 2007, incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) yeaz of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if subnutted 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 maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-U7-014 -2- • • E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Cade 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of October 23, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-07-014 -3- By action of the City Council at its regular meeting held on the ~ ~ day of ~1(Y14'~ , 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED TIE BREAKER MAYOR 'T'A,MMY de WEERD VOTED "- `` ~`'- - fi~Y DE WEERD .~ ~~~TFa ATTEST: ~~~ ~ ~ ILLIAM G. BERG, J ., G '~ T ~~~ ' P~.``~~ ,,~~~~1J~N11 nNN~`'~~~ Copy served upon: ~ Applicant _~Plamm~g Department Public Works Department City Attorney BY~ Dated: ~ Z' Z~ ~~ Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S}. PP-07-014 -4- CITY OF MERIDIAN PLANNING DEP~TMENT STAFF REPORT FOR THE HEARING DXTE OF OCTOBER 23, 2007 STAFF REPORT Hearing Date: October 23, 2007 (Continued from October 2, 2007) ' TO: Ma or ~ Ci Council ~~ ~~TAN y ty I,bAHlS FROM: Sonya Wafters, Associate City Planner _ (208) 884-5533 SUBJECT: Emerson Park Commercial • PP-07-014 Preliminary Plat for 34 commercial retail building lots and 1 common lot on 17.84 acres in a C-G zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Kuna Victory, LLC, has applied for Preliminary PIat (PP) approval of 34 commercial retail building lots and 1 common lot on 17.84 acres in an existing C-G zone for Emerson Park Commercial. The site is located at 2910 & 3030 S. Meridian Road and 110 E. Victory Road, on the northeast corner of S. Meridian Road and E. Victory Road. This property is within the City's Urban Service Planning Area and is currently within the corporate boundaries of the City. 2. SiJIYIIVIARY RECOMMENDATION The subject application (PP-07=014) was submitted to the Planning Department for review. Staff has provided a detailed analysis and reconunended conditions of approval for the PP application. Staff is recommending that the PP application be approved with the conditions listed in Exhibit B of the staff report. The Meridian Planning & 2:oning Commission heard this item on September 6 2007 At the public hearing they moved to recommend approval of the subiect PP request a. Summary of Commission Public Hearing: i. In favor: Chris Tverdv. Oaas Laney ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff resentin a lication: Son a Wafters vi. Other staff commenting on application: Caleb Hood b. Key Issue(s) of Discussion by Commission: i. The existence of the buffer along Victory Road within the rieht-of-way rather than on the ~oroperty. as required by the UDC: ii. The existence of a reviousl a roved arkin lot for the 2M buildin within the required buffer area .along Victory Road; iii. Widening the existing 5-foot wide sidewalk along Meridian Road to a 10-foot wide sidewalk as required by the UDC along state highways. c. Key Commission Change(s) to Staff Recommendation• i. Strike condition 1.4. that required a 10-foot wide pathway along SH 69/Meridian Road, from Exhibit B of the staff report: ii. Modify condition 1.1.6b, requiring a 25-foot wide buffer along Victory Road and instead require Alternative Compliance: provide 15' wide buffer where there is adequate room available on the site. Alternative Compliance application shall be submitted prior to or concurrently with the final plat application• iii. Strike condition 1.1.6F. requiring a 10-foot wide pathway be depicted on the landscape plan along SH 69/Meridian Road. from Exhibit B of the staff report; Emerson Park Commercial PP-07-OI4 Page 1 CITY OF MERIDIAN PLANNING DETM°ENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 iv. Modify condition 1.1.7 to reauire a minimum 15 foot wide buffer to be located outside of the ultimate right of way along Victory Road, instead of a 25-foot wide .buffer, where no buildings or parking lots exist• v. Modify condition 1.1.13 in Exhibit B to allow for the relocation of the existing access toffrom_Meridian Road further to the north if agreeable with the owners of Double D, ITD. and the Citv Council A Variance is reauired to be approved, by City Council for the relocation of an existing access point to a state highway: vi. Modify condition 1.2.2 in Exhibit B to allow the pond to remain but reauire it to have re-circulating water and be maintained so that it does not create a mosauito breeding .around in accordance with UDC 11-3B-9C6• ~Staff'relocated this condition to the Site Specific Conditions ofAnproval section as condition l.l.l4 vii. Modify condition 2.1 in .Exhibit B to read. "Staff will work with the Apulicant to draft a reimbursement agreement that will go before City Council for approval. as outlined in City Code 9-4-19"• viii. Modify condition 3.17 in Exhibit B to allow for the option of incorporating the required emergency access into the requested stub street along the northern boundary of the property. Construction plans shall be approved by the Meridian Fire Department: and ix. Modify condition 1.1.1 in Exhibit B to reaaire the Applicant to apply for a Miscellaneous application to amend the existing Development Agreement for this site to reflect the conditions of approval for the subiect preliminary plat. d. Outstanding Issue(s) for City Council• i. None as Emerson Park Commercial PP-07-014 Page 2 CITY OF MERIDIAN PLANNING DEP~TMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 iii. elocution of the exictina accecc point to SH 69 for DoLble D farther to fhe t rou h he Varian p appli anon proce. 1V. The apDllcant~fi rPnnect fAr rarnne:rlarotin~ /nr sb., n.....,..,A~.. AlA L........-mot a_ g_. ev Council C hanges to Sta / ommission Recomm ndatio~ i. condition #1.1.12 uertA'ninu to the r em val of the existin drivewav t SH 69 to read. u. .prior to i~nahrr of he final plat far nhs~en 7 develo pment. as depicted on the nhasina plan /plat shown ... F..r6:h:t s ~ » 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Number PP-07-014 as presented in the staff report for the hearing date of October 23, 2007, with the following modifications to the conditions of approval: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number PP-07-014 as presented during the hearing on October 23, 2007, for the following reasons: (State specific reasons far denial of the preliminary plat request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Number PP-07- 014 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 2910 & 3030 S. Meridian Road and 110 E. Victory Road The site is located on the northeast corner of S. Meridian Road and E. Victory Road, in the southwest % of Section 19, Township 3 North, Range 1 East. Tax Parcels: 85915720010, 85915720020, 85915720040 b. Applicant: Kuria Victory, LLC P.O. Box 2020 Boise, ID 83701 c. Owners: Kuria Victory, LLC P.O. Box 2020 Boise, ID 83701 and Tim Mussell 3800 S. Meridian Road Emerson Park Commercial PP-07-014 Page 3 CITY OF MERIDIAN PLANNING DEP~TMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 Meridian, ID 83642 d. Representative: Richazd Kinder, Toothman-Orton Engineering Company e. Present Zoning: C-G (General Retail & Service Commercial District) f. Present Comprehensive Plan Designation: Commercial g. Description of Applicant's Request: The Applicant is requesting preliminary plat approval of 34 commercial building lots and 1 common lot on 17.84 acres in an existing C-G zone. 1. Preliminary Plat, labeled Sheet 1 of 1, prepazed by Toothman-Orton Engineering Company, dated 7/6107 (attached in Exhibit A) 2. Landscape Plan, labeled Sheet Ll of L2, prepazed by Toothman-Orton Engineering Company, dated 7/13!07 {attached in Exhibit A) h. Applicant's Statement/Justification: "The proposed Emerson Park Subdivision is a re-subdivision of Lots 1, 2, and 4, Block 1 of the Hassell Corner Subdivision. The intent of the development is to divide the subject property into reasonable sized lots for individual or multiple sales, to facilitate light industrial, commercial, retail and service markets. A concept plan showing potential layout of buildings and pazking areas is provided within the application. The plan is conceptual in nature and intended to demonstrate the flexibility with individual or multiple lot sales, specifically related to building sizes, pazking areas, and access." (See Applicant's narrative submitted with the application for more information 5. PROCESS FACTS a. The subject application will, i~n fact, constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the Commission and City Council on this matter. b. Newspaper notifications published on: August 20, 2007 and September 3, 2007 (Commission); September 10 & 24.2007 and November 12 & 26 2007 (Gifu Council) c. Radius notices mailed to properties within 300 feet on: August 10, 2007 (Commission); September 7.2007 and November 9 2007(City Council) d. Applicant posted notice on site by: August 24, 2007 (Commission); October 4. and November 1S. 2007 (Gifu Council) 6. LAND USE a. Existing Land Uses}: The site is currently being used as a nursery for Victory Greens. b. Description of Chazacter of Surrounding Area: The property is bordered on the south by Victory Road and on the west by Meridian Road and is surrounded on the north and east with existing and future residential uses with future offices across the street on S. Meridian Road. This property is located within a rapidly developing area of the City. c. Adjacent Land Use and Zoning: 1. North: Future single-fanuly residential (Bitterbrush Point Sub.), zoned R-4; and a veterinary clinic, zoned RUT (Ada County) 2: East: Single-family residential, zoned R-4 3. South: Victory Road and Tanana Valley (mixed-use subdivision), zoned R-8 4. West: Meridian Road and Strada Bellissima Subdivision, zoned L-O Emerson Park Commercial PP-U7-014 Page 4 CITY OF MERIDIAN PLANNING DEP~TMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 d. History of Previous Actions: • This property was annexed (AZ-03-038) with a C-G zone in 2003. A Development Agreement was approved with the annexation (Instrument No. 104153422) and amended in 2006 (Instrument No. 106155843). • This property was platted (PFP-03-007) in 2004 as Lots 1, 2, and 4, Block 1 of Mussell Corner Subdivision. • A Conditional Use Pernut/Planned Development (CUP-03-071) was approved in 2004 for a combination feel store and gas/convenience station (which are not a part of the subject plat) and to allow the existing commercial and residential uses to remain. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: Sanitary sewer service for the north portion of this development shall be via extension of the main in Meridian Road. The south portion of the project will sewer to the Black Cat trunk. Location of water: Water service to this site is being proposed via the existing mains in E Victory Road, and S. Meridian Road. 2. Vegetation: There are some existing trees on this property. 3. Floodplain: NA 4. Canals/Ditches/Irrigation: The Kennedy Lateral runs along the northeast boundary of this property. 5. Hazards: Planning Staff is unaware of any hazards that may exist on this site. 6. Proposed Zoning: NA 7. Size of Property: 17.84 acres f. Subdivision Plat Information: 1. Residential Lots: 0 2. Non-residential Lots: 34 3. Total Building Lots: 34 4. Common Lots: 1 (containing a pond, sitting azea, and mature trees) 5. Other Lots: 0 6. Total Lots: 35 7. Open Lots: 0 8. Residential Area: NA 9. Gross Density: NA 10. Lot Sizes: Buildable lots range in size from 0.19 of an acre to 1.28 acres g. Landscaping: 1. Width of street buffer(s): UDC 11-2C-3 requires a minimum 35-foot wide buffer along S. Meridian Road (a 70 foot wide bu, fJ`er is shown) and a minimum 10-foot wide buffer along Holleran Drive and Emerson Street, as shown. Landscaping shall be provided in accordance Emerson Park Commercial PF-07-014 Page $ CITY OF MERIDIAN PLANNING DEPENT STAFF REPORT FOR THE HEARING D~E OF OCTOBER 23, 2007 with UDC 11-3B-7, Landscape Buffers along Streets. 2. Width of buffer(s) to adjoining uses: A 25-foot wide buffer is required along the northeast and an east boundary of the subdivision adjacent to the existing residential uses and zones. Landscape buffers to residential uses and zones shall be provided in accordance with UDC 11-3B-9. 3. Percentage of site as open space: NA, however the applicant is proposing to retain the pond amenity that was required as part of the overall planned development approval in 2003 (Lot 6, Block 2) 4. Other landscaping standards: Mitigation shall be required for all existing trees 4-inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement in accordance with UDC 11-3B-10, Tree Preservation. h. Dunensional standards for the C-G zone per UDC 11-2B-3: DIMENSIONAI. STANDARDS` C-G Front setback (in feet 0 Rear setback in feet 0 Interior side setback (in feet 0 Street landsca a buffer in feet Local 10 Collector 20 Arterial 25 En a corridor 35 Interstate 50 Landscape buffer to residential uses in feet "* 25 Maximum buildin hei ~ t in feet 65 Maximum building size without design standazd approval as set forth in 11-3A-19 (in s uaze feet 200,000 Pazking requirements See Chapter 3Article COFF-STREET PARKING AND LOADWG REQUIREMENTS Landscaping requirements See Chapter 3 Article B LANDSCAPING RIQUIREMENTS *All setbacks shall be measured from the ultimate right-of--way for the street classification as shown on the adopted Transportation Plan. '~*minimum setback only allowed with reuse of existing residential structure. **Where the adjacent property is vacant, the Director shall determine the adjacent ro ert desi ation based o~ the Cam rehensve Plan designation. i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to this development is proposed from B. Victory Road via the proposed Emerson Street. Staff is supportive of the proposed access point, provided an emergency access driveway for the Fire Department is provided at the north end of Holleran Drive to S. Meridian Road. Additionally, a blanket cross-access agreement to allow access to all proposed lots within the development is proposed. No access points aze proposed to S. Meridian Road (SH 69) with this application and Emerson Park Commercial PP-07-014 Page 6 CITY OF MERIDIAN PLANNING DE~TMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 none are approved. however, there is an existing access at the north end of this property that should be closed. Further, there is an existing right-inlright-out access to Meridian Road, located on the Double D site. This access was approved as part of the Mussell Corner development. The driveways in this project should have access to this previously approved access point. ACRD has submitted comments on this application and is supportive of the proposed access points and street layout (see Exhibit B.) (See. Section 10, Analysis, for more information regarding access and streets.) 7. COMMENTS MEETING On August 17, 200?, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Pazks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Commercial" on the Comprehensive Plan Future Land Use Map. The Comprehensive Plan defines Commercial as follows: "This designation will provide a full range of commercial and retail to serve azea residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. Within this land use category, specific zones may be created to focus commercial activities unique to their locations. These zones may include neighborhood commercial uses focusing on specialized service for residential areas adjacent to that zone." The current C-G zoning of this property is consistent with the Comprehensive Plan Future Land Use Map designation of "commercial" for this property. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Merddian plans to provide municipal services to the lands in the following manner: - Sanitary sewer and water service wild be extended to the project at the developer's expense. - The subject lands currently lie within the jurisdiction of the Meridian City Fire Department, who currently shares resources and personnel with the Meridian Rural Fire Department. - The subject lands currently lie within the jurisdiction of the Meridian Police Department (MPD). - Victory Road is currently owned and maintained by the Ada County Highway District (ACFID), S. Meridian Road (SH 69) is currently awned and maintained by the Idaho Transportation Department (ITD). This service will not change. - The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. - The subject lands are currently serviced by the Meridian Library District. This service will not change. Emerson Park Commercial PP-07-014 Page 7 CITY OF MERIDIAN PLANNING DEP~TMENT STAFF REPORT FOR THE HEARFIVG D~CTE OF OCTOBER 23, 2007 Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal N, Objective D, Action 4) The applicant is required to install and maintain landscaping within the street buffers located along S. Meridian Road and E. Victory Road in accordance with UDC 11-3B-7. A minimum 35 foot wide buffer is required along S Meridian Road and a minimum 25 foot wide bu, f~`er is required along S. Victory Road. • "Plan for a variety of commercial and retail opportunities within the Impact Area" (Chapter VII, Goal 1, Objective B) Staff believes that the current C-G zoning of the property will allow for many different types of commercial uses that wild contribute to the variety of uses in this area. • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action 5) The applicant is not required to install internal landscaping with the subject preliminary plat application; however, street buffer, perimeter landscaping; and common area landscaping is required with this application. Internal landscaping will be required upon development of each lot within the subdivision with CUP & CZC approval. • "Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, Goal I, Objective B, Action 5, page 109) The proposed commercial lots should complement surrounding residences by providing much needed services in this part of the City. • "Require screening and buffering of commercial and industrial properties and residential use with transitional zoning." (Chapter VII, Goal N, Objective A, Action 6) Upon development of the property, a 25 foot wide land use buffer will be required along the boundaries of the site that are adjacent to residential uses and/or zones. 9. UNIFIED DEVELOPMENT CODE a. Zoning Schedule of Use Control: UDC Table 11-2B-2 lists the permitted, accessory, and conditional uses in the C-G zoning district. Retail Stores, restaurants, financial institutions, fuel sales facility, personal & professional services, among other uses, are listed as principal permitted uses in the C-G zone. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and nux of allowed commercial uses, and the location of the district in proximity to streets and highways. c. Structures subject to Design Standards: Per CUP-0i-009, all future structures on this site that are adjacent to an entryway corridor (S. Meridian Road) are subject to the design standards listed in UDC 11-3A-19C. Emerson Park Commercial PP-U7-014 Page g CITY OF MERIDIAN PLANNING DEP~TMENT STAFF REPORT FOR THE HEARING D~E OF OCTOBER 23, 2007 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation PRELIlVIINARY PLAT ANALYSIS: Basal on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposal with the Unified Development Code, Staff believes that this is a good location for the proposed commercial subdivision. Please see Exhibit C for detailed analysis of facts and findings for a preliminary plat. Dimensional Requirements of the C-G zone per UDC Table 11-2C-3: There is no minimum front, rear, or interior side setback requirements in the C-G zone. Proposed buildable lots range in size from 0.19 of an acre to 1.28 acres. The maximum building height allowed in the C-G zone is 65 feet. All future structures on this site that are adjacent to S. Meridian Road, an entryway corridor, will. be subject to design standard approval in accordance with UDC 11-3A-19C. Future buildings proposed on the subject lots shall meet the minimum dimensional standards listed in UDC 11-2B-3 and #6h above. A 35-foot wide buffer is required along S. Meridian Road; a 25- foot wide buffer is required along E. Victory Road; and a 10-foot wide buffer is required along Holleran Drive and Emerson Street. These buffers shall be depicted on the plat as a permanent easement/buffer or included as a common lot in the subdivision and shall be maintained by the Business Owner's Association. Landscaping: The Applicant submitted a landscape plan with the preliminary plat application which Staff has reviewed for compliance with the UDC. Staff is generally supportive of the submitted landscape plan. However, per the UDC, a 25-foot wide buffer is required adjacent to residential uses. A residential subdivision, Bitterbrush Point, is currently in the development process northeast of the site. The Bitterbrush plat and landscape plan show a 25-foot wide buffer within the Kennedy Lateral easement to be planted with grass (no trees or shrubs). Staff does not believe that an additiona125-foot wide buffer should be required on this property. However, the current buffer does not meet the requirements for buffers adjacent to residential uses (iJDC 11- 3B-9C). These types of buffers are required to be comprised of, but not limited to, a mix of evergreen and deciduous trees, shrubs, lawn, or other vegetative groundcover that results in a barrier that allows trees to touch at the time of the tree maturity. Staff does not necessarily believe that the aforementioned buffer, if constructed, would meet the intent of the UDC in providing a buffer to the adjacent finture residential uses because there is a substantial difference in elevation between the two properties; this property sits quite a bit lower than the Bitterbrush property. Further, there is an irrigation district easement in this area and the District will not allow trees within their easements. For these reasons, Staff is including a condition of approval that the Applicant either landscape the 30-foot wide Kennedy Lateral easement with grass and low lying bushes or shrubs (not trees) or provide a 5-foot wide buffer outside of the Kennedy Lateral easement planted with trees and vegetation in accordance with the standards listed in UDC 11-3B-9C. Staff also notes that a substantial amount of trees are missing within the 10- foot wide street buffers adjacent to Holleran Drive & Emerson Street; 1 tree is required per 35 lineal feet along with vegetative groundcover in compliance with UDC 11-3B-7C. The landscape plan submitted for this project, prepared by Toothman-Orton Engineering, labeled Sheets Ll & L2, dated 7/13107, is approved subject to the following revisions/notes: A greater than 35-foot wide buffer is shown on the landscape plan along S. Meridian Road, as required by the iJDC. Provide a minimum 35-foot wide landscape buffer along S. Meridian Road in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. A minimum density of 1 tree per 35 linear feet is required within the buffer with shrubs, lawn, or other vegetative groundcover. • A 25-foot wide buffer is shown on the landscape plan along E. Victory Road, as required Emerson Fark Commercial PP-07-014 Page 9 CITY OF MERIDIAN PLANNI~IVG DE~TMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 by the UDC. Provide a minimum 25-foot wide landscape buffer along E. Victory Road in accordance with the standazds listed in UDC l 1-3B-7, Landscape Buffers along Streets. A minimum density of 1 tree per 35 linear feet is required within the buffer with shrubs, lawn, or other vegetative groundcover. Provide additional trees and landscaping within the Victory Road buffer to meet this requirement. A 10-foot wide buffer is shown on the landscape plan along Holleran Drive and Emerson Street, as required by the UDC. Provide a minimum 10-foot wide landscape buffer along Holleran Drive and Emerson Street as shown on the landscape plan in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. A minimum density of 1 tree per 35 lineaz feet is required within the buffers with shrubs, lawn, or other vegetative groundcover. Provide additional trees and landscaping within the Holleran Drive ~i Emerson Street buffers to meet this requirement. Provide a minimum ZS-foot wide landscape buffer adjacent to pazcel #82114050305 as required by UDC 11-2B-3, in accordance with the standazds listed in UDC 11-3B-9, Landscape Buffers to Adjoining Uses. Buffer shall be provided comprised of, but not limited to, a mix of evergreen and deciduous trees, shrubs, lawn, or other vegetative groundcover at a density that results in a barrier that allows trees to touch at the tune of the tree maturity. • The Applicant shall either landscape the 30-foot wide Kennedy Lateral easement with grass and low lying bushes or shrubs (not trees) or provide a 5-foot wide buffer outside of the Kennedy Lateral easement planted with trees and vegetation in accordance with the standazds listed in UDC 11-3B-9C, Landscape Buffers to Adjoining Uses, to meet the requirement for a buffer to residential uses. • Depict a 10-foot wide multi-use pathway along S. Meridian Road as required by UDC 11-3H-4C4. • A written certificate of completion should be prepazed by the landscape azchitect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department upon completion of the landscaping prior to Cert~cate of Occupancy for the site. All standazds of installation should apply as listed in UDC 11-3B- 14; • Comply with the standards in UDC 11-3B-lOC for preservation of existing trees on site as follows: - Mitigation shall be required for all existing trees four-inch (4") caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of one hundred percent (100%) replacement. (Example: two (2) 10-inch caliper trees removed may be mitigated with four (4) 5-inch caliper trees, five (5) 4- inch caliper trees, or seven (7) 3-inch caliper trees.) - No mitigation is required in the following: (i) existing prohibited trees within the street buffer or parking lot; (ii) existing dead, dying, or hazard trees certified prior to removal by the City of Meridian Pazks Department azborist; (iii) trees that are required to be removed by another governmental agency having jurisdiction over the project. - Required landscaping: Existing trees that aze retained or relocated on site may count toward the required landscaping. Mitigation trees aze in addition to all other landscaping required by this Article. Emerson Park Commercial PP-07-OI4 Pagel U CITY OF MERIDIAN PLANNING DEPENT STAFF REPORT FOR THE HEARING D~ OF OCTOBER 23, 2007 Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Conceptual Development Plan: The Applicant submitted a concept plan, prepared by Toothman-Orton Engineering, dated May 8, 2007, with the preliminary plat application that shows how the site may develop in the future. Staff has reviewed the plan and notes the following: the access point to Meridian Road shown at the northwest corner of the site shall be removed; structures located on Lots 1-7, Block 1 adjacent to Meridian Road (an entryway corridor) shall comply with the design standards listed in UDC 11-3A-19C; a driveway should be extended to the north property boundary and cross-access provided to parcel #82114050305; and a buffer to residential uses shall be added along the north and northeast property boundaries. With these changes, staff is supportive of the proposed concept plan. Proposed Streets and/or Access: Access to this development is proposed from E. Victory Road via S. Emerson Street, a proposed public street. There is also an existing driveway to Victory Road that serves Lot 3 (not a part of this plat) and a driveway to Victory where Emerson Street is proposed. An existing secondary access, consisting of a right-in, right-out is located on S. Meridian Road, just to the west of the subject site on Lot 3 (not part of this plat). This secondary access primarily serves Lot 3 of Hassell Corner Subdivision (not part of this plat), and also serves Lots 1, 2, and 4 of the Mussell Corner Subdivision through an existing cross access agreement. There is also an access driveway at the north end of the site to Meridian Road that is being used for loading for Victory Greens. This driveway will be required to be removed and the use discontinued prior to signature on the final plat. Across-access easement/agreement is required for all lots within the subdivision that do not have public street frontage. All lots within the subdivision that do not have public street frontage should have access to the public street system. This agreement(s) shall be recorded and a copy of said agreement submitted to the City prior to the City Engineer's signature on the final plat OR a note shall be added to the face of the fmai plat granting said cross-access. Cross-access should also be provided to the property to the north (parcel #82114050305) and a driveway should be extended to the north property boundary for future connectivity per UDC 11-3H-4B3 (see Development along State Highways below). Staff and ACRD are supportive of the proposed access points shown on the plat with the conditions listed in Exhibit B. The Fire Department is requesting an emergency access driveway be constructed to S. Meridian Road at the north end of Holleran Drive with a gate setback at least 30 feet from S. Meridian Road to provided room for fire trucks to pull off the highway. Development along State Highways: Because the west boundary of this site is located adjacent to S. Meridian Road/Highway 69, the standards listed in UDC 11-3H-4B regarding development along State highways, apply to the development of this property. Specifically, a street is required to be constructed that parallels the state highway to accommodate future connectivity and access to all properties fronting a state highway that lie between the Applicant's property and the nearest section line road and/or half-mile collector road. Because the northern portion, of the property is only 163 feet wide and a 35 foot wide buffer is required adjacent to S. Meridian Road, Staff does not believe that a public street connection is necessary. However, Staff is requesting that a driveway stub to the north property boundary and cross-access be provided to parcel #82114050305. The driveway should be a minimum of 20 feet wide and be constructed to ACRD standards. Additionally, a 10-foot wide multi-use pathway is required to be constructed adjacent to S. Meridian Road/Highway 69 within a public easement, per UDC 11-3H-4C4. NOTE: A 5-foot wide detached sidewalk was required to be constructed with the original plat (Hassell Corner Subdivision) along S. Meridian Road and E. Victory Road. Said sidewalk has been constructed on the site per the construction standards in effect at that time. Emerson Park Commercial PP-07-U14 Page 11 CITY OF MERIDIAN PLANNING DE~TMENT STAFF REPORT FOR THE HEARING ~E OF OCTOBER 23, 2007 Since that time, the ordinance has changed to require a 10 foot instead of a S foot wide sidewalk. Because the UDC now requires a 10-foot wide sidewalk, Staff is requesting that the sidewalk be widened to 10 feet. Elevations: The Applicant submitted conceptual building elevations with this application that match the elevations submitted and approved with the Development Agreement modification application (MI-06-005). Per provision 4.1a of the amended Development Agreement (Instrument No. 106155843), principal permitted uses on the subject property are allowed without CUP approval provided that: "All future buildings have sloped metal roofs with overhanging eaves that are supported by posts; are oriented toward the public street (front door facing street); siding visible from the street containing at least a 3-foot tall wainscoting constructed of stone, brick, or other similar materials; that each building will provided a variety of building materials and colors; and each building is generally consistent with the nine pictures submitted with MI-06-005 (attached as Exhibit A.4), as determined by the Planning Director. If a future proposed building is not consistent with the above-mentioned provisions, then the building and use shall be required to obtain CUP approval prior to construction and operation." The Applicant shall comply with this requirement along with the other provisions listed in the DA. Design Standards: All structures proposed within the development that are adjacent to S. Meridian Road, an entryway corridor, shall be required to obtain design review approval and comply with the design standards listed in UDC 11-3A-19C. Existing Structures: The site currently contains some existing structures located on Lot 22, Block 1; Lot 7, Block 2; and Lot 8, Block 2, which are proposed to remain at this time. All existing structures that do not meet setbacks or the dimensional standards of the UDC shall be removed prior to the City Engineer's signature on the final plat. Fencing: The Applicant is not showing any fencing on any of the submitted plans. Permanent fencing is not required for commercial subdivisions. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit for this site. Ditches, Laterals, and Canals: The Kennedy Lateral runs along the north and northeast boundary of this site and has been tiled. As per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, 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-1S and MCC 9-1-28. Certificate of Zoning Compliance: In addition to Design Review approval for structures that aze located adjacent to S. Meridian Road, the Applicant shall be responsible to obtain a CZC permit from the Planning Department for all new construction or a change in use on the site prior to issuance of building permits. b. Staff Recommendation: Based on the above analysis, Staff is recommending that the PP application be approved with the conditions listed in Exhibit B of the staff report. The Meridian Planning & Zoning Commission heard this item on Seutember 6. 2007. At the Emerson Park Commercial PP-07-014 Page 12 CITY OF MERIDIAN PLANNING DEPENT STAFF REPORT FOR THE HEARING D OF OCTOBER 23, 2007 11. EXHIBITS A. Drawings 1. Zoning/'Vicinity Map 2. Preliminary Plat, prepared by Toothman-Orton Engineering Company, labeled Sheet 1 of 1, dated 7/6/47 3. Landscape Plan, prepared by Toothman-Orton Engineering Company, labeled Sheets Ll and L2, dated 7/13/07 4. Building Elevations 5. Conceptual Development Plan B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District Emerson Pazk Commercial PP-07-014 Page 13 CITY OF MERIDIAN PLANNING DEPENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 A. Drawings 1. ZoninglVicinity Map Exhibit A CITY OF MERIDIAN PLANNING DEPENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 2. Preliminary Plat A PRE~l~lNARY PIg9T OF THE' EM.E.RSON PARK SUBDIVISION A RE-SUADNlS70/P OF DOTS I, .?, AND 4 OF BLOCA' 1 OF TXB SC.~ ° AfUSSEL CORNER SUBDlVL570N, SAID PARCEG4 B67N0 LOCATEB IIV 71019NSfBP 3 NOR77~ RANCTi 1 EAST, BOISE .t16RlD1AN. ~~~, CITY OF AQRlDIAN, ADA COUNTY. /DAXO, P007 en~~ e.~ _ ~~ ~.kn aar~®~ nor. a. ~_ ~~' 1 ~` }~~1 ~: r ~~o ai.` w '~r~fi= a,~aar ~•~s•o. ~7.m°T.~ir*e.rw oma • ~.°~`L9"•.~'G:.P~ gym.... • 'ffi'L~.~~101~'SL'L • 9.~E5S7~C'SYiSL4~O11® • n~naa~ma•Meaum.omn • ~^ s ~w.n4V•• onm 1 W l poem ~aomn awso e~b®n ammo avrnvacr m ~~~ ~ 8 ~3 O H a ~. ~ ~~ a x w iwn~ - - - -mrw nambwur - . -.. -..- ~amerri -•o®er r - ~---.o®®vw ~onwer - t~vw ~. ~.®.~ we®mwa.v ~----- -as:o~v.nr -i a~~ ... ~ ®. R s ~.~kxeoc Exhibit A CITY OF MERIDIAN PLANNING DEPENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 3. Landscape Plan ,_fi_ -~~ .~ i ~, PRELIdlINARY LANDSCAPE PLANS THE EMERSON PARK SUBDIVISION QTY OF Bp.RlOLW, ADd COI/A'71; /QA!l0, 8007 _ _ ~~ v4av-SCXEa1,E . , _ i _ __ ;~% ti, ((N~~`((~/b~~t~.`'i~ ` O~ t :a' ~1 ~ . , .~~, ~~~~ ~~\: ~.+ 3 E ~.:..:....~..~..e. .r - --- ~,. o \ ""'"`' a ~s -- ~' t ,;~. ~` - -- °-~ r~ ~ u a u PRELJA!/NARY LANDSCAPE' PLANS ~" THE EMERSON PARK SUBDIVISION Q~ CITY OF df2WD/AN, ADA f:OfJNIY, !ON//D, 8007 .am.e - __ ~ r~~ ~ ~~: 1 t '~ ~ ~ ~ i .-r.=a ~ te- ' I ~ F :- ~ ` + ~ ~~ _ _ ~`• s ae ti ~ ~ ~I;tt; `?sue "~.. -- ~ mmmmmvom ~ ~ ff ° r' ~ ~ ~ ' r i ~' t `. f1 l ` sir ~~ 1 i. ~ . O m -~ .~ . .. .. __ ` i .. r ` i. ~^ L `~ r ~~ ~ `~ ' ~ s~uau' Exhibit A • STAFF REPORT FOR THE REARING DAT~ JULY 5, 2007 CITY OF MERIDIAN PLANI3ING DEIPARTMENT 4, Building Elevations -- -; Exhibit A • STAFF REPORT FOR'~E HEARING DA'I'~~LY 5, 2007 GI'rY OF MERIDIAN PLANNING DEPARTME~ ~_ Exhibit A CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF JULY 5, 2007 f`' ~ ~ ~. ~ _ _ ~` ~' _ _ _3 ... ~~ ilk ~` -~ .. ~ .~._.~c' t .~ ... Exhibit A CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF JULY 5, 2007 5. Conceptual Development Plan A CONCEPTUAL PLfIN OF THE' E'1~IERSON PARK SUBDI i~ISION oars taNas; uc l~ ~• '":> I I~'. ~€ t•: %% ::. `l ~:.. r. k;%i• #~;'s;1 ~ l >4>' ~ •~} 1 ~i;. i1~~. _ ~ ' ~%}i • 7:.: . 4.:.Y ~: ~ ~ j. ~'; •s"= - ~~ ~ ' i.'..• ~ ~ ® Q ~ H[ III o C L ~ . , .~ ~ ~ ~ I n1. inn ~ ut ~ ' ' At ~~ I' . I~ III I I III [ ' (( I9 . I~ ~ I I - +r _~ I ~'~ "': ~ ~.: I^>.> ~ -- ~ M ~ ,$2 •~, / I ~:~ (~ . _ (' - I "~ omiuv~w eu~ass m ~~ ~. 6b1SRS8N PARK SUBDMSION ~~'~~ta~oiY ®rc¢r~tnv6 coa~sAY mmwueo ~a vanm ~-n.rwe `~ SITE CONCEPT PLAN ~. Exhibit C CITY OF MERIDIAN PLANNING D~TMENT STAFF REPORT FOR THE HEARIN~ATE OF JULY 5, 2007 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.1.1 The preliminary plat labeled as Sheet 1 of 1, prepared by Toothman-Orton Engineering Company, dated July 6, 2007, is approved with the conditions listed herein. The Applicant shall comply with all previous requirements of this site including those associated with AZ-03-038, PP-03-007, CUP-03-071, MI-06-005, and Development Agreement Instrument No.'s 104153422 & 106155843. The Applicant shall apply for a Miscellaneous application. to amend the existing Development Agreement(s) for this site to reflect the conditions of approval of the subiect preliminary plat. 1.1.2 All future structures on the subject lots shall be required to obtain Certificate of Zoning Compliance (CZC) approval prior to issuance of building permits. Additionally, all structures on Lots 1-7, Block 1 that are adjacent to S. Meridian Road (an entryway corridor) shall also obtain Design Review approval with the CZC. 1.1.3 All future structures on the site that do not comply with the building elevations shown in Exhibit A.4 and the materials listed in the Development Agreement (Instrument No. 106155843), shall be required to obtain Conditional Use Permit approval prior to construction and operation. ~.1~--W:ae.. .,~,.~,,,.Ein Side~l...~,,.... e. ~~r a• ~ a *,. ~ ~ ~n_~,.,.* ,.:ae g,- c-aavrr~-~r~@fioimi-~cvi~ cv~a rv-cw~..,a~ 1.1.5 A driveway stub to the north property boundary and cross-access easement is required to be provided to parcel #82114050305. The driveway shall be a minimum of 20 feet wide and be constructed to ACRD standards. Cross-access shall be provided through a recorded document and a copy of said easement shall be submitted to the City prior to the City Engineer's signature on the final plat OR a note shall be added to the face of the final plat granting said cross-access. 1.1.6 The landscape plan submitted for this project, prepared by Toothman-Orton Engineering, labeled Sheets Ll & L2, dated 7/13/07, is approved subject to the following revisions/notes: a. Provide a minimum 35-foot wide landscape buffer along S. Meridian Road in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. A minimum density of 1 tree per 35 linear feet is required within the buffer with shrubs, lawn, or other vegetative groundcover. b. Provide a minimum X515-foot wide landscape buffer where there is adequate room available on the site where no buildings or parldng lots exist along E. Victory Road in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. A muumum density of 1 tree per 35 linear feet is required within the buffer with shrubs, lawn, or other vegetative groundcover. Provide additional trees and landscaping within the Victory Road buffer to meet this requirement. The Applicant shall submit an application for Alternative Compliance for a reduction in buffer width to 15 feet along Victory Road prior to or concurrent with the final plat application. c. Provide a minimum 10-foot wide landscape buffer along Holleran Drive and Emerson Street as shown on the landscape plan and in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. A minimum density of 1 tree per 35 linear feet is required within the buffers with shrubs, lawn, or other vegetative groundcover. Provide additional trees and landscaping within the Holleran Drive & Emerson Street buffers to meet this Exhibit C CITY OF MERIDIAN PLANNING D~TMENT STAFF REPORT FOR THE HEARIN~ATE OF JULY 5, 2007 requirement. d. Provide a minimum 25-foot wide landscape buffer along the north property boundary adjacent to parcel #82114050305 (residentially zoned RUT in Ada County) as required by UDC 11-2B-3, in accordance with the standazds listed in UDC 11-3B-9, Landscape Buffers to Adjoining Uses. Said buffer shall be provided comprised of, but not limited to, a mix of evergreen and deciduous trees, shrubs, lawn, or other vegetative groundcover at a density that results in a barrier that allows trees to touch at the time of the tree maturity. e. The Applicant shall either landscape the 30-foot wide Kennedy Lateral easement with grass and low lying bushes or shrubs (not trees) as allowed by the irrigation district or provide a 5- foot wide buffer outside of the Kennedy Lateral easement planted with trees and vegetation in accordance with the standards listed in UDC 11-3B-9C, Landscape Buffers to Adjoining Uses, to meet the requirement for a buffer to residential uses. 4C4- g. A written certificate of completion should be prepared by the landscape azchitect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department upon completion of the landscaping prior to Certificate of Occupancy for the site. All standards of installation should apply as listed in UDC 11-3B-14; h. Comply with the standards in UDC 11-3B-lOC for preservation of existing trees on site as follows: - Mitigation shall be required for all existing trees four-inch (4") caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of one hundred percent (100%) replacement. (Example: two (2) 10-inch caliper trees removed may be mitigated with four (4) 5-inch caliper trees, five (5) fl- inch caliper trees, or seven (7) 3-inch caliper trees.} - No mitigation is required in the following: (i) existing prohibited trees within the street buffer or pazking lot; (ii) existing dead, dying, or hazard trees certified prior to removal by the City of Meridian Parks Department azborist; (iii) trees that are required to be removed by another governmental agency having jurisdiction over the project. - Required landscaping: Existing trees that are retained or relocated on site may count toward the required landscaping. Mitigation trees are in addition to all other landscaping required by this Article. Submit copies of a revised landscape plan, refl~ting the changes/notes mentioned above, with the final plat application(s). 1.1.7 A minimum 35-foot wide street buffer is required along S. Meridian Road; a minimum ~-515-foot wide buffer is required along E. Victory Road located outside of the ultimate right-of-wav where no buildings or marlcine lots exist; and a minimum 10-foot wide buffer is required along Holleran Drive and Emerson Street. These buffers shall be depicted on the plat as a permanent easement/buffer or included as a common lot in the subdivision and shall be maintained by the Business Owner's Association. 1.1.$ No signage is approved with this application. All signs proposed for this site shall obtain separate sign permit approval. 1.1.9 ~ Across-access easement shall be recorded for all lots within the subdivision that do not have frontage on a public street, or front Meridian Road. All lots within the subdivision should have access to the access points approved in this application. Tlris easement(s) shall be recorded and a Exhibit C CITY OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEATS OF JULY 5, 2007 copy of said easements} submitted to the City prior to the City Engineer's signature on the final plat OR a note shall be added to the face of the final plat(s) granting said cross-access. 1.1.10 It shall be the responsibility of the Applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 1.1.11 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 1.1.12 The access driveway at the north end of this site to Meridian Road that is currently being used for loading for Victory Greens shall be removed and the use discontinued prior to signature on the final plat or phase. 2 of the development. ac depicted on he nha 'na nla !plat shown 'n 1.1.13 Direct lot access to Meridian Road is prohibited; other than the access points specifically approved with this application, direct lot access to S. Meridian Road and E. Victory Road is prohibited and shall be noted on the final plat. The relocation of the existing access to/from State Hiehwav 69/Meridian Road further to the north should be. allowed if agreed uuon by the owners of Double D, the Idaho Transportation Department. and Citv Council. A Variance is required to be anaroved by City Council for the relocation of an existing access point to a state hi~hwav. 1.1.14 All azeas approved as open space shall be free of wet ponds or other such nuisances except for the pond on Lot 6. Block 2. which shall be allowed to remain provided that the pond have re-circulating water and be maintained so that it .does not become a mosquito breeding ground, in accordance with UDC 11 3'B-9C6. All stormwater detention facilities incorporated into the approved open space aze subject to UDC 11-3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3A-18. Where the Applicant has submitted a preliminary landscape plan and where Staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by Staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standazds of UDC 11-3A-18, then the Applicant shall relocate the facility. This may require losing a developable lot or developable azea. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to City Code. 1.2.2 The Applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not prpvided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. 1.2.3 Any tree over 4" in caliper that is removed from the property shall be replaced by installing adiiitional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.2.4 Staff s failure to cite specific ordinance provisions or terms of the approved Preliminary Plat does not relieve the Applicant of responsibility for compliance. 1.2.5 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-bA. Exhibit C CITY OF MERIDIAN PLANNING D~TMENT STAFF REPORT FOR THE HBARiN~TE OF JULY 5, 2007 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service for the north portion of this development shall be via extension of the main in Meridian Road. The south portion of the project will sewer to the Black Cat trunk that will need to be installed in E Victory Road. The applicant will be responsible to install a portion of the Black Cat trunk along their south frontage on E Victory Road starting from a manhole that will be located on the West side of Meridian Road at the developer's expense. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size, manhole locations and routing with the Public Works Department. The applicant shall execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. Staff will work with the AunUcant to draft a reimbursement a~nreement that will sra before Citv Council for approval. as outlined in City Code 9-4-19. 2.2 Water service to this site is being proposed via the existing mains in E Victory Road, and S. Meridian Road. Due to fire flow requirements the applicant shall be responsible to install multiple water connections in E Victory Road, and S. Meridian Road. The applicant shall be responsible to install mains to and through this development, coordinate main size and routing with Public Works. 2.3 The applicant shall provide a 20-foot easement for all public waterlsewer mains outside of public right of way (include all water services and hydrants). 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (LJDC 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. 2.5 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domesticpurposes such as landscape irrigation. 2.6 Per iJ'DC 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 irrigationldrainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.7 A drainage plan designed by a State of Idaho licensed azchitect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regazding Shallow Injection Wells. 2.8 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted required improvements prior to signature on the final plat. These include but are not limited to, fencing, landscaping, amenities, pressurized irrigation; sanitary sewer, and water. Exhibit. C CITX OF MERIDIAN PLANNING D~TMENT STAFF REPORT FOR THE HEARIN~TE OF JULY 5, 2007 2.9 Sewer, water, pressurized irrigation, and any life safety development improvement shall receive final approval prior to occupancy. Other required develaprnent improvements, such as fencing, micropaths, and landscaping may be bonded for prior to obtaining certificates of occupancy 2.10 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the fina•1 plat. 2.11 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 2.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.13 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes aze located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.14 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.15 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.16 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the streetlights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity are determined after power designs aze completed by Idaho Pawer Company. The street light contractor shal'1 obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 3. MERIDIAN FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" outlet face the main street or pazking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for ali new construction or additions to existing buildings within 1,000 feet of the project. 3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside Exhibit C CITY OF MERI°DIAN PLANNING D~TMENT STAFF REPORT FOR THE HEARIN~ATE OF JULY S, 2007 radius. 3.5 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 Commercial and office occupancies will require afire-flow consistent with the lntemarional Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.8 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.9 Maintain a separation of 5' from the building to the dumpster enclosure. 3.10 Provide a Knox box entry system for the complex prior to occupancy. 3.11 The first digit of the Apartmentl0ffice Suite shall correspond to the floor level. 3.12 The Fire Dept. has concerns about the addressing of the existing house and the address being visible from the street which the project is addressed off of. Please contact the Addressing Specialist at 898-5500 to address this concern prior to the public hearing. 3.13 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building 3.14 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.15 There shall be a fire hydrant within 100' of all fire department connections. 3.16 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 3.17 This project will be required to provide an emergency access driveway at the north end of Holleran Drive to S. Meridian Road with a 20' wide swing or rolling emergency access gate setback 30-feet from S. Meridian Road. The gate shall be equipped with a Knoxbox Padlock which has to be ordered thru the Meridian Fire Department. The emergency access driveway may be incoruorated into the required stub street at the northern property boundary. Construction plans shall be approved by the Meridian Fire Department. 3.18 Emergency response routes and fire lanes. shall not be allowed to have speed bumps. 3. i 9 Buildings or facilities exceeding 30 feet (9144nun) or three stories in height shall have at least three means of fire apparatus access for each structure. Two of the access roads shall be placed a distance • apart equal to not less than one half of the length of the overall diagonal dimension of the property or area. to be served, measured in a straight line. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 4. POLICE DEPARTMENT ' 4.1 The Police Department has no concerns related to the site design submitted with the application. 5. PARKS DEPARTMENT 5.1 The Parks Department did not submit comments on this application. Exhibit C CITY OF MERIDIAN PLANNING I~TMENT STAFF REPORT FOR THE HEARINa'IIATE OF JULY 5, 2007 6. SANITARY SERVICE COMPANY 6.1 The existing enclosure on this site needs to be modified. 7. ADA COiJNTY HIGHWAY DISTRICT (DRAFT COPY) 7.1 SITE SPECIFIC CONDITIONS OF APPROVAL 7.1.1 Construct the internal streets (Emerson Street / Holleran Dr.} as a 41-foot street section with vertical curb, gutter and a 5-foot attached concrete sidewalk within 54-feet ofright-of--way. Provide an easement for any portion of the sidewalk located outside of the right-of--way. 7.1.2 Construct two cul-de-sac turnarounds at the north and south terminus of Holleran Drive. 7.1.3 Construct the southern common drive with 24-feet of pavement intersecting Emerson Street approximately 280-feet north of East Victory Road. 7.1.4 Construct the northern common drive with 24-feet of pavement intersecting Emerson Street approximately 310-feet north of East Victory Road. 7.1.5 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems aze 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 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 oTd 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 Standazds and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. '7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACRD Traffic Exhibit C CITY OF MERIDIAN PLANNING I~TMENT STAFF REPORT FOR THE HEARIN~ATE OF JULY 5, 2007 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 interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the tune the change in use is sought. Exhibit C CITY OF MERIDIAN PLANNING >~TMENT STAFF REPORT FOR THE HEATE OF JULY 5, 2007 C. Required Findings from Unified Development Code 1. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. Staff supports the proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services can be made available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACHI7, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) S. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD and ITD consider road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 6. The development preserves significant natural, scenic or historic features. Staff and the Commission aze unawaze of any natural, scenic, or historic features on this site. Therefore, the City Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major unportance of which staff is unaware. Exhibit C ~irE IDR IAN-- ____ _- IDAHO December 18, 2007 MEMORANDUM TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner MayorTammy de Weerd City Council Members: Keith Bird Joe Gorton Charles Rountree David Zaremba .~ ~. _ ~~ RE: Emerson Park -Findings of Fact and Conclusions of Law The applicant requested that a modification be made to condition of approval #1.1.12 in the findings dacurnent for Emerson Park to reflect the actual motion made by Councilman Bird at the hearing on December 4, 2007 as follows: 1.1.12 "The access driveway at the north end of this site to Meridian Road that is currently being used for loading for Victory Greens shall be removed and the use discontinued prior to signature on the seEaed final plat for phase 2 of the development. as depicted on the phasing plan/~lat shown in Exhibit A 2 " Staff has revised the findings document to reflect the above noted change. • November 2, 2007 MERIDIAN CITY COUNCIL MEETING PFP 07-003 November 7, 2007 APPLICANT Carmen, LLC ITEM NO. 5-F REQUEST Findings for Approval -Request for Preliminary /Final Plat of 4 commercial lots on b acres located in the C-G zone for Intermountain Outdoor Subdivision 1351 8~ 1375 East Fairview 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: ~, COMMENTS See attached Findings ~~ ~~ Contacted: Date: `f S^ d ~ Phone: ~~a" ~ ~~l Emailed: ~ sic, d/~o /~, Staff Initials: 1~~ Materiab presented at public meetings shop become property of the City of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~! r_~ ...~ i``ll ,~ i? ~ ~ ~, u~:~c~ k„~. ~~ ~,Pq "'~~~ a-a~~~~, ~a K. s In the Matter of Preliminary and Final Plat approval of four (4) commercial lots in an ezisting C-G zoning district, for Intermountain Outdoor, by Carmen, LLC Case No(s). PFP-07-003 City Council Hearing Date: October 23, 2007 (Continued from October 2, 2007) Findings for the City Council Regular Meeting of: November 7, 2007 A. Findings of Fact Hearing Facts (see attached Staff Report for the hearing date of October 23, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 23, 2007, incorporated by reference) 3. Application and Property Facts (see attached StafF Report for the hearing date of October 23, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 23, 2007, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 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). PFP-07-003 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 geanted 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, Final Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of October 23, 2007, incorporated by reference. The conditions are concluded to be reasonable and the Applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The Applicant's Preliminary Plat, as evidenced by having submitted the Preliminary Plat, dated August 1, 2007, is hereby conditionally approved; 2. The Applicant's Final Plat, as evidenced by having submitted the Final Plat, dated August 1, 2007, is hereby conditionally approved; 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of October 23, 2007, incorporated by reference. D. Notice of Applicable Time Limits 1. Notice of Preliminary Plat Duration: Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the Applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). PFP-07-003 • (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 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 October 23, 2007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). PFP-07-003 • By action of the City Council at its regular meeting held on the ~ day of ~ , 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED__G~~(~ COUNCIL MEMBER JOE BORTON VOTED__G~,,P~~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED 77-~~~~ COUNCIL MEMBER KEITH BIRD VOTED__G~~' TIE BREAKER MAYOR TAMMY de WEERD VOTED `J- ATTEST: ~,~ti~ WILLIAM G. BERG, JR., ~~ \~\~1~~,~~,T de WEERD ~,~ ~~.~ - CLE ~ ~~ .~~ ® p S~~ , \~e ''~ ~^' /o''',,'/~////lll! 111\\\\\\,\\```~~ !PI 11 Copy served upon: Applicant Planning Department Public Works Department City Attorney BY~ ~~~~ ~~~~ Dated: ~/-`~°`~~ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). PFP-07-003 • CITY OF MERIDIAN PLANNING DE~TMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 STAFF REPORT Hearing Date: October 23, 2007 (Continued from October 2nd) TO: Mayor 8i City Council FROM: Bill Parsons, Associate City Planner 208-884-5533 SUBJECT: Intermountain Outdoor Subdivision - t '' ~•,~ ~. ~ ~ ~,µ ~, ., «~ ~~~~~, °.~, ,~ ~ ~~~ ~ ~o.~o ~~~6 ,d '°~s=h ~- PFIP-07-003 Request for Preliminary and Final Plat approval of four (4) commercial lots on 6 acres located in a C-G zoning district, by Carmen, LLC 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Carmen LLC, has applied for Preliminary and Final Plat (PFP-07-003) approval of 4 buildable lots on approximately 6 acres. The property is currently zoned C-G (General Retail and Service Commercial) and is located at 1351 and 1375 East Fairview Avenue in the NE% of the NE% of Section 7, Township 3 North, Range 1 East, B.M. This site is currently designated "Commercial" on the 2002 Comprehensive Plan Land Use Map. In 2002 approval of a Preliminary/Final Plat for the subject site was approved by City Council; however the final plat was never recorded. Since that time, the property has been sold to its current owners who are requesting approval of essentially the same plat that was approved in 2002. A portion of the subject site includes the Stonehenge Plaza Shopping Center (flea. Intermountain Outdoor Sports) which is located on a 3.65 acre lot on the east side of the proposed subdivision. The applicant is proposing to subdivide the remaining 2.45 acres of land into 3 additional lots ranging from 0.69 to 0.83 acres in size. A CZC (CZC-06- 187) has been issued, and construction is underway, for an 8,450 sq. $. multi-tenant retail shell located on Lot 3, Block 1 of the proposed plat. There are two existing driveways to E. Fairview Avenue and one existing driveways to N. Stonehenge Way on this site. The applicant is not proposing any new curb cuts or driveways onto E. Fairview Avenue or N. Stonehenge Way. All four parcels within the Intermountain Outdoor Subdivision will have cross access and shared parking through a Business Owners Association. The applicant is also proposing to bring the subject site into compliance with current landscaping requirements, except for the southern property boundary of Lot 1 of the proposed subdivision (UDC 11-3B-1). This is explained in more detailed in the analysis section of this staff report. The subject site is eligible for a combined preliminary /final plat application because the proposed subdivision does not exceed four lots, the applicant is not proposing any new streets to be dedicated or widened, nor is the development being granted any special development considerations (UDC 11-6B-4A). 2. SUIVIlVIARY RECOMMENDATION Staff has provided a detailed analysis of the requested PFP application below. Staff recommends approval of PFP-07-003 for Intermountain Outdoor Subdivision, as presented in the Staff Report for the hearing date of September 6, 2007, subject to the Findings of Fact listed in Exhibit C and subject to the conditions of approval listed in Exhibit B. Intermountain Outdoor Subdivision - PFP-07-003 PAGE 1 CITY OF MERIDIAN PLANNING DETMENT STAFF REPORT FOR THE HEARWG DATE OF OCTOBER 23, 2007 The Meridian Planning & Zoning Commission heard these/this item(s) on September 6.2007. At the public hearing they moved to recommend approval of the subiect PFP request a. Summary of Commission Public Hearing: i. In favor: Jane SuEgS. JBS Enterprises. LLC ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presentins application: Bill Parsons vi. Other staff commentine on application: Caleb Hood 1L Kev Issue(s) of Discussion by Commission: i. Construction of a driveway stub to salvage yard parcel to the east. ii. The landscape buffer requirement adiacent to the Jackson Drain and Settler's Canal easement along the southern boundary of Lots 4 and 1 of the proposed subdivision ~_ Kev Commission Change(s) to Staff Recommendation: i. Condition 1.2.4 Property owners' will own and maintain the pressurized irrigation s sy tem. ii. Condition Il.2.2 repuirin~ a minimum 5 foot landscape buffer adiacent to the Jackson Drain along Lot 4 where the buffer is encumbered by an easement. The landscape shall be installed when with the development of Lot 4. iii. Condition 1.2.13 will stand as stated in the Staff report re~ardin~ the construction of the driveway stub to the ADA County parcel east of Lot 1. ~_ Outstanding Issue(s) for City Council: i. None Summary of City Council Pub is Hearin i. In f v • Jane S ii. opposition: None iii. Coinmentine: None iv. Written testimony: None v. Staff presenting application: Anna Canning vi. Other staff commenting on application• N__o_ne Kev Issues of Di cuccinn by Cnnncil• i. one c Kev Council Changes to Commission Recommendation ii. one 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number PFP-07-003, as presented during the hearing on October 23, 2007, with the following modifications to the conditions of approval: (add any proposed modifications) Denial After considering all Staff, Applicant, and public testimony, I move to deny? File Number PFP-07-003, as presented during the hearing on October 23, 2007, for the following reasons: (state specific reasons for denial of the preliminary/final plat request) Intermountain Outdoor Subdivision - PFP-07-003 PAGE 2 CITY OF MERIDIAN PLANNING D~TMENT STAFF REPORT FOR THE HEARIN•TE OF OCTOBER 23, 2007 Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number PFP-07- 003 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: 1351 and 1375 E. Fairview Avenue NE% NE'/a, Section 7, T3N, R1E b. Owner: Carmen LLC 291 E. Shore Drive, Suite 200 Eagle, ID 83616 c. Applicant: Jane Suggs (for BRS Architects) JBS Enterprises, LLC. 200 Louise Street Boise, ID 83712 d. Present Zoning: C-G (General Commercial) e. Present Comprehensive Plan Designation: Commercial f. Description of Applicant's Request: 1. Date of Preliminary Plat (See Exhibit A): August 1, 2007 2. Date of Final Plat (See Exhibit A): August 1, 2007 5. PROCESS FACTS a. The subject application will, in fact, constitute a preliminary plat, as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the Planning Commission and the City Council on this matter. b. The subject application will, in fact, constitute a final plat, as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the Planning Commission and the City Council on this matter. c. Newspaper notifications published on: August 20, 2007, & September 3, 2007 (Commission); October 1, 2007 and October 15, 2007 (Gifu Council) d. Radius notices mailed to properties within 300 feet on: August 10, 2007 (Commission); September 28, 2007 (City Council e. Applicant posted notice on site by: August 27, 2007 (Commission); October 13, 2007 (Gifu Councill 6. LAND USE a. Existing Land Use(s): Commercial. b. Description of Character of Surrounding Area: A mix of commercial and industrial uses adjacent to the E. Fairview Avenue Corridor and residential uses primarily to the south and southwest of the Intermountain Outdoor Subdivision -PFP-07-003 PAGE 3 CITY OF MERIDIAN PLANNING DE~TMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 subject site. c. Adjacent Land Use and Zoning: 1. North: Idaho Athletic Club, zoned C-G 2. East: Auto Salvage Yard, zoned C-2 3. South: Multi-Family Development, zoned R-15 4. West: Single-Family Dwellings, Danbury Fair Subdivision, zoned R-8 d. History of Previous Actions: Applications for a combined preliminary and final plat for this site was approved by the Meridian City Council on June 4, 2002. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: There is currently sewer to the subject site from Stonehenge Way. Location of water: There is currently water to the subject site from Stonehenge Way.. Issues or concerns: None 2. Vegetation: Existing landscaping will be protected and improved with the approval of this application. 3. Floodplain: N/A 4. Canals/Ditches/Irrigation: The Jackson Drain and Settlers Canal run along the southern boundary of the subject site. 5. Hazards: N/A 6. Size of Property: 6 acres f. Subdivision Plat Information: 1. Residential Lots: N/A 2. Non-residential Lots: 4 3. Total Building Lots: 4 4. Common Lots: 0 5. Total Lots: 4 6. Open Lots: 0 7. Residential Area: N/A 8. Gross Density: N/A g. Landscaping: 1. Width of street buffer(s): 25' required on Fairview Avenue, 10' required on Stonehenge Way 2. Width of buffer(s) between land uses: 25' adjacent to residential uses/zones 3. Percentage of site as open space: N/A 4. Other landscaping standards: Per UDC 11-3A-15, all developments shall have underground pressurized irrigation systems in compliance with Meridian City Code, Title 9, Chapter 1. h. Proposed and Required Non-Residential Setbacks: Compliance with the C-G zoning district. Intermountain Outdoor Subdivision - PFP-07-003 PAGE 4 CITY OF MERIDIAN PLANNING DEP~TMENT STAFF REPORT FOR THE HEARING. OF OCTOBER 23, 2007 i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to the subject site will be from two existing access points adjacent to E. Fairview Avenue and one from N. Stonehenge Way. Cross access and shared parking will be granted across all lots within the Intermountain Outdoor Subdivision; additional ingress and egress driveways are not being proposed with this application. 7. COMMENTS MEETING On August 17, 2007, Planning Staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. CONIPREHEN5IVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as `Commercial'. In Chapter VII of the Comprehensive Plan, `Commercial' areas are anticipated to provide opportunities for 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. These zones may include neighborhood commercial uses focusing on specialized service for residential areas adjacent to these zones. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the subject property (staff analysis in italics below policy): Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. The City of Meridian plans to provide municipal services to the subject development in the following manner: - Sanitary sewer and water set-vice will be extended to the project at the developer s expense. - The subject Zands currently lie within the jurisdiction of the Meridian City Fire Department, who currently shares resources and personnel with the Meridian Rural Fire Department. - The subject Zands currently lie within the jurisdiction of the Meridian Police Department (MPD). - E Fairview Avenue and N. Stonehenge Way are currently owned and maintained by the Ada County Highway District (ACFID). This service will not change. - The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. - The subject lands are currently serviced by the Meridian Library District. This service will not change. Municipal, fee-supported services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company Chapter V, Goal III, Objective D, Action 5 -Require all commercial businesses to install and maintain landscaping. Staff is conditioning approval of the subject PFP upon the Applicant installing and maintaining any additional landscaping on this site, as needed. Refer to the PFP Analysis, Section 10, for more information on landscaping at this site. Intermountain Outdoor Subdivision -PFP-07-003 PAGE 5 CITY OF MERIDIAN PLANNING DE~TMENT STAFF REPORT FOR THE HEARING~TE OF OCTOBER 23, 2007 Chapter VII, Goal I, Objective B, Action 5 -Locate new commercial azeas on arterials or collectors neaz residential areas in such a way as to complement with adjoining residential azeas. Staff believes the addition of new commercial development in the area will provide additional services and be a benefit to the surrounding residential neighborhoods Chapter V, Goal I, Objective Al, Action 11 -Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough and Jackson and Evans drainages) through-out commercial, industrial and residential areas. To contain debris during construction on the site, Staff is conditioning approval of the subject PFP upon the applicant providing temporary fencing along the exposed Jackson DYain. Staff believes that the proposed preliminary and final plat for the subject site is appropriate and consistent with the Comprehensive Plan. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the Applicant's development request is appropriate for this property. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2B-2 lists all of the principally permitted, accessory and conditional uses permitted in the C-G zoning districts. b. Purpose Statement of Zone: The purpose of the commercial zoning districts is to provide for retail and service needs of the community consistent with the Meridian Comprehensive Plan. Four commercial districts are designated which differ in size and scale of commercial structures accommodated in the district, the scale and muc 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 PRELIlVIINARY/FINAL PLAT 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 the subdivision is appropriate on this site. As mentioned earlier in this report, this site is eligible for a combined preliminary /final plat application based on the proposed subdivision not exceeding four lots, the development of the site does not require any new streets to be dedicated or widened, nor is the development being granted any special development considerations (UDC 11-6B-4A). Staff recommends the Commission rely on any public testimony that may be provided regarding the applicant's development request for this property. Please see Exhibit C for detailed analysis of facts and findings for the preliminary and final plats. Access: Access to the subject site will be from two existing access points adjacent to E. Fairview Avenue and one from N. Stonehenge Way. Cross access and shared pazking will be granted across all lots within the Intermountain Outdoor Subdivision. Additional ingress and egress driveways are not being proposed nor approved with this application. Staff is requiring the applicant to grant a cross access easement to the County Parcel to the east of the site for future interconnectivity when said parcel is re-developed. Intermountain Outdoor Subdivision -PFP-07-003 PAGE 6 CITY OF MERIDIAN PLANNING DE~TMENT STAFF REPORT FOR THE HEARING•TE OF OCTOBER 23, 2007 2. Lot Sizes: The application proposes 4 commercial lots ranging in size 0.69 acres to 3.65 acres in size within the C-G zoning district. All lots within the Intermountain Outdoor Subdivision shall be in compliance with UDC 11-2B-1. Lot 1 has an existing multi-tenant building (aka. Stonehenge Plaza Shopping Center) and Lot 3 is under construction with an 8,450 sq. ft multi-tenant building (CZC-06- 187). 3. Landscaping: Presently the subject site is not in compliance with UDC 11-3B-1; however the applicant is required to bring the site into conformance with the subject subdivision. The submitted landscaping plan is proposing a 25' wide landscape buffer along E. Fairview Ave. and a 10' wide buffer adjacent to N. Stonehenge Way with trees being planted every 35 lineaz feet in accordance with UDC 11-3B-7-3b. There are residential properties located to the south of this site. UDC 11-3B-9 requires a 25' landscape buffer between C-G zoned property and residential uses/zones. It is important to note that the Jackson Drain and Settlers Canal easements run along the southern portion of the property making it difficult to meet the 25' landscape buffer requirement. Code allows a 5' buffer width where the buffer is encumbered by easements or other restrictions. This also poses a challenge to the applicant due to the location of the existing building and service drive on lot 1. Staff is supportive of waiving the land use buffer requirement adjacent to Lot 1 due to concerns from the Meridian Fire Department; however a full 25' landscape buffer should be required along the southern property line of the proposed Lot 4. Additional landscape planters are being proposed within the existing parking lot to meet the minimum requirements per UDC 11-3B-8. Any existing landscaping is to remain and be protected during construction of the site. Maintenance of all landscape azeas for Intermountain Outdoor Subdivision should be the responsibility of the Business Owner's Association. 4. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a yeaz-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. An underground, pressurized irrigation system should be installed to all properties per the approved specifications and in accordance with UDC 11-3A-15. 5. Certificate of Zoning Compliance (CZC): A CZC permit from the Planning Department is required for all new construction or a change in use on the site, prior to issuance of building and/or occupancy permits. 6. 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. The Settler's Canal along the southern potion of the property is partially tiled. The Jackson Drain is listed as a natural feature within the City's Comprehensive Plan and should remain open and protected on the site. 7. Tree Mitigation: The applicant is not proposing to remove any existing trees on this site. Any existing, on-site tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of those removed. Required landscaping trees will not be considered as replacement trees for those that are removed. The Applicant should coordinate a mitigation plan with Ekoy Huff at the Meridian Parks Department, for any trees that will be removed. 8. E~sting Structures: There is one existing structure, and one structure that is under construction on this site. All existing structures that are to remain comply with the dimensional standazds of the C-G zone, as proposed on the subject plats. Intermountain Outdoor Subdivision - PFP-07-003 PAGE 7 CITY OF MERIDIAN PLANNING DE~TMENT STAFF REPORT FOR THE HEARING~TE OF OCTOBER 23, 2007 9. Fencing: The Applicant is not showing any fencing on any of the submitted plans. Permanent fencing is not required for commercial subdivisions. If permanent fencing is not provided, temporary construction fencing to contain debris should be installed around the perimeter prior to issuance of a building permit for this site. 10. Elevations: The Applicant submitted conceptual building elevations and a master site plan with this application. As mentioned earlier in this report, Lot 1 is an existing commercial development and Lot 3 is under construction for amulti-tenant shell. Lot 2 will probably develop in a similar fashion as Lot 1 and 3. The applicant has submitted multi-family residential elevations for Lot 4. Staff is generally supportive of the site layout and conceptual elevations submitted with this application. Any future multi-family development on Lot 4 (or Lot 2) will require CUP approval. b. Staff Recommendation: Based on the above analysis, Staff finds that application PFP-07-003 substantially conforms to the Comprehensive Plan policies and UDC standards. Staff recommends approval of PFP- 07-003 for Intermountain ®ntdoor Subdivision, as presented in the Staff Report for the hearing date of September 6, 2007, subject to the Findings of Fact listed in Exhibit C and subject to the conditions of approval listed in Ezhibit B. The Meridian Planning & Zoning Commission heard these/this item(s) on September 6.2007. At the public hearing they_moved to recommend approval of the subject PFP request. he Meridian City Counc'1 heard this item nn netohpr 2~_ 2007. At the n ~b i hearing the Council_ moved to annrove the subiect PFP rem~pct 11. EXHIIBITS A. Drawings 1. Vicinity Map 2. Preliminary Plat (Dated August 1, 2007) 3. Final Plat (Dated August 1, 2007) 4. Landscape Plan 5. Master Site Plan 6. Conceptual Elevations (Commercial and Multi-family) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Services Company 7. Ada County Highway District 8. Settlers' Irrigation District 9. Nampa Meridian Irrigation District 10. Central District Health Department 11. Intermountain Gas Company C. Required Findings from Unified Development Code Intermountain Outdoor Subdivision - PFP-07-003 PAGE 8 CITY OF MERIDIAN PLANNING DEP~tTMENT STAFF REPORT FOR THE HEARING OF OCTOBER 23, 2007 A. Drawings 1. Vicinity Map Exhibit A • CITY OF MERIDIAN PLANNING DE• TMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 2. Preliminary Plat ~ a ~s~ ~ ~ a 1 ~al~ ~ a a ~ ~ i ~~~~~li~l~~~ ~1 ~«~~~4~= i pit ~~ ~ i t -- ~ ~_ l~epp7R~ } ~ ~ ~ ~ ~ Z • i 1 y"' X1.'1 -`--~e~~ - ~ I~ -~~a~ - _ AP * ~ ~ ~~ x !!! „tea ~ R~ :~ ~ ~ ~ ~~ ~ ~- ~ ~ ~ 9 ~i v ~ # ~`4 ~ ~ ~ ..wi o I ~_ +~r ~ ~ ~ _~ ~ ~ g~ i Raj ~ i~ s ! d 4 ~~ a ~~ •a ~'~ '~ ~ ~~ Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN•TE OF OCTOBER 23, 2007 3. Final Plat (Dated August 1, 2007) ~~~~ ~ ~g ~~ ~ > I ~ ~ ! r: O r^~ ~ V I+ /~/ h wl U ~~z ~®~~R. ~~~~~ ~a~~ W ~ Omar ~t~ q SW `~ d ~n b ® P ~' 1 ~ C $§~s x : k _ ~ C ~ 7 M ~ t;rg ' u..67 :x ~al -~.~ _ _- __ - -_ _ _ K __ i i tau ~ ~ 1 1 ~ , ; i if ( ~ 1 11 F t ,~~ ( ~~~ 1 1 ~' rr' ~ ~' ~$ ' i ~ ,~ 1~ r 1~ ~, Q ~~ ,~ ~ ., ,~ ~ ~ ~~~, `~ 1 ~ $ ~ _ ~ 4- I i a e X ~ c ~ ~ ''bJ ~ i ` ~~ ~ 1 1 ~ l i, ~ ~ a i ~ 1 ~ . - ~ ~ ] 1 ws.~ ,~~. ~ 11 «. ~ fi j @ t ~I4 i ~ a n 1 1 ~ ~' ! p i fi ~~ 1 1 ~ ~ ~ ^^ t ~ I q8. V M"1 i j I y n ~~ ~ L - -- 1 O . = -~ --uw -r ='c~- - ~. Al-+48.0890 N. 3 t4Z~>>A N - -. - ~M ,ssusoa ~ ,~N AI 0 u a a v ~.~ ~ "mR is rt Q S__ - -e- 30113 H3 C ~~d ~+ F_ N a ~i 1 li y.fi+ 1 II i et I 1 Q 1 ~ , 1 n o ~ -- -a '~ 1 1 _y . .1590[ if9:1EL00 N~_ _ - Exhibit A CITY OF MERIDIAN PLANNING DE~TMENT STAFF REPORT FOR THE HEARIN ~ TE OF OCTOBER 23, 2007 4. Landscape Plan Exhibit A CITY OF MERIDIAN PLANNING DE•ARTMENT STAFF REPORT FOR THE HEARIN ~TE OF OCTOBER 23, 2007 5. Master Site Plan saapuwanv ~ uraaa ~ ~. z ~ _ ~ ~ s ~ ~ ,~ ~ y ~~~ c ~ .__ ____ ~ G _ A ~ II' ~ 1 II I I ~~ i ~ t?q~ ~~ A ~~ ~ __ _'lT_ ~l fi ~4i ~p.)ti 5 ,, VVV ~~ .. _ 9 I 1 "s',.. _ 1 I, ps~ i~ i a -~.~~~~_ 'i ~~ I~ ~~ tt 4'. > ~ srF I ,. ~ i 'S'~. ------ - rah ~ ~ ~a~+~' ~ 6 ' - r ` I __-~__ ( e~. u i i I t ~ ~ : _ ~~ ~ ~ ~~i~ _ - ~`- 44~~ 9 $~,q 3E ~ ~ P 1. r.- ~ r: -`~` ~ ~ e 'i ~ J ~ ie~ ~r ` ~Z ~ _ ,~ ,is~ ~~ +a~ - ~-~-- Exhibit A • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 6. Conceptual Elevations (Commercial and Multi-family) Exhibit A CITY OF MERIDIAN PLANNING DTMENT STAFF REPORT FOR THE HEARIN • TE OF OCTOBER 23, 2007 ~" `' J, asn ~w ~r~~oas ~ ~~ -- ~ -~~ ~.-- ~- ~ - ~~ -_ i - j '. ~~ __ __ ~ . ~~ ~ `~ ~~ I i; r; ,'~ ,~ r, -_"' i - ,i1 i ~` si - i I i I: ,,i _ r-- ~ ~ a a -~ ~ ' 0 r ,~t ~~' k ~4 Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.1.1 The preliminary plat labeled as Sheet No. 1, prepared by Waite Land Surveying, LLC, and dated June, 2007, STAMPED August 1, 2007, by Todd R. Waite, PLS, is approved with the conditions listed herein. 1.1.2 Intermountain Outdoor Subdivision shall be subject to the UDC standards of the C-G (General Retail and Service Commercial) zoning district. 1.2 SITE SPECIFIC REQUIREMENTS-FINAL PLAT 1.2.1 The fmal plat labeled as Sheet Nos. 1-2, prepared by Waite Land Surveying, LLC, and dated June, 2007, STAMPED August 1, 2007, by Todd R. Waite PLS, is approved with the conditions listed herein. 1.2.2 The landscape plan prepared by Harvest Design, P.C. on June 12, 2007, and labeled Sheet LP 1.0 is approved with the following notes/changes: • Provide a minimum 25-foot wide landscape buffer along Fairview Avenue and a 10-foot wide buffer along Stonehenge Way as shown on the landscape plan and in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. • Adjacent to the south property line of Lot 4, Block 1, provide a minimum ~3-feet 5 foot wide landscape buffer where the buffer is encumbered by the Jackson Drain easement. Said buffer shall be constructed in accordance with the standards listed in UDC 11-3B-9, Landscape Buffers to Adjoining Uses. Said landscape buffer shall be installed with the development of I,ot 4. • Per UDC 11-3B-10, the applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site that maybe removed. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryanan responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Submit three copies of the Yevised landscape plan to the Planning Department prioY to signature of the final plat by the City Engineer. 1.2.3 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of the Jackson Drain, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to construction plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 1.2.4 This subdivision lies within the Nampa & Meridian Irrigation District and Settlers' Irrigation District; the applicant is proposing that the ~ Property Owner's will own and maintain the pressurized irrigation system within the development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, asingle-point connection to the domestic water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the irrigable landscape areas prior to signature on the final plat by the Meridian Exhibit B CITY OF MERIDIAN PLANNING DTMENT STAFF REPORT FOR THE HEARIN ~ TE OF OCTOBER 23, 2007 City Engineer. 1.2.7 All development improvements including water, sewer, fencing, landscaping and pressurized irrigation shall be installed and approved prior to obtaining Certificates of Occupancy. 1.2.8 A letter of credit or cash surety in the amount of 110% will be required for all required fencing, pressurized irrigation, landscaping, sanitary sewer, water, etc., prior to signature of the final plat. 1.2.10 Applicant shall be required to pay Public Works development plan review and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 1.2.11 Prior to submittal for signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 1.2.12 Across-access/cross-parking easement/agreement shall be recorded for all lots within the subdivision. All lots within the subdivision shall have access to the access points approved in this application. This agreement shall be recorded and a copy of said agreement submitted to the City prior to the City Engineer's signature on the final plat OR a note shall be added to the face of the final plat granting said cross-access. 1.2.13 Construct a driveway stub to the property to the east (parcel #S 1107110320). Cross-access shall be provided to the property to the east (pazcel #51107110320) via a note on the final plat or a separate recorded document. (Commission recommended no change) 1.2.14 Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Richard Buttram, at 887-1620 for more information. 1.2.15 A Conditional Use Permit shall be required for any multi-family development on this property. 1.2.16 The Final Plat approval for this subject phase shall expire, if City Engineer's signature has not been obtained within 2 years of City Council approval. 1.3 GENERAL REQUIREMENTS-PRELIMINARY /FINAL PLAT 1.3.1 Sidewalks/walkways shall be installed within the subdivision 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 Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 1.3.4 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.5 The City of Meridian requires that pressurized irrigation systems be supplied by a yeaz-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape azeas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.3.6 Where permanent fencing is not proposed on-site, temporazy fencing shall be installed around the subdivision boundazy perimeter to contain construction debris prior to issuance of a building permit. All permanent fencing shall taper down to 3 feet maximum within 20 feet of all right-of- way. All fencing should be installed in accordance with UDC 11-3A-7. Exhibit B CITY OF MERIDIAN PLANNING D~TMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 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 of the approved annexation / preliminary plat does not relieve the applicant of responsibility for compliance. 1.3.9 All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 1.3.10 Final plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 1.3.11 All future proposed structures and change in use on the subject lots shall be required to obtain Certificate of Zoning Compliance approval. 1.3.12 Street signs are to be in place, water system shall be approved and activated, fencing installed, sewer line shall be installed and passed air test and video inspection, and road base shall be approved prior to applying for building permits. 2a PUBLIC WORKS DEPARTIO'IENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Stonehenge Way. 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 Standazd Specifications. 2.2 Water service to this site is being proposed via extension of mains in Stonehenge Way. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat. The description shall be consistent with the graphically depicted easements on the plat but be recorded as a separate document using the City of Meridian's standard forms. Submit an executed easement (supplied by Public Works), a legal description, which must include the area of the easement (mazked EXHIBIT A) and an 81/2" x 11"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the azea being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. Exhibit B a CITY OF MERIDIAN PLANNING DE~TMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.9 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.11 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.13 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. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 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. 2.18 The engineer shall be required to certify that the street centerline elevations aze 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. 2.19 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations aze at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs aze completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %z" outlet face the main street or pazking lot aisle. Exhibit B CITY OF MERIDIAN PLANNING D~TMENT STAFF REPORT FOR THE HEARIN~ATE OF OCTOBER 23, 2007 b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn azound. Phasing of the project may require a temporary approved turn azound on streets greater than 150' in length with no outlet. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface aze required before combustible construction is brought on site. 3.6 Building setbacks shall be per the International Building Code for one and two story construction. 3.7 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.8 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.9 Maintain a separation of 5' from the building to the dumpster enclosure. 3.10 Provide a Knox box entry system for the complex prior to occupancy. 3.11 The Fire Dept. has concerns about the addressing being visible from the street which the project is addressed off of. Please contact the Addressing Specialists at 898-5500 to address this concern prior to the public hearing. 3.11 3.12 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.13 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire appazatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.14 There shall be a fire hydrant within 100' of all fire department connections. 3.15 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 3.16 Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least three means of fire apparatus access for each structure. Two of the access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or azea to be served, measured in a straight line. 3.17 Drive-aisle around the Stonehenge Plaza. Shopping Center shall remain unobstructed in accordance with the requirements of the Fire Marshall. 3.18 Any multi-family development on the property shall be subject to further review by the Meridian Fire Department. 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. 4.2 Any multi-family development on the property shall be subject to further review by the Meridian Police Department. 5. PARKS DEPARTMENT 5.1 The Pazks Department has no comments related to the application. 6. SANITARY SERVICES DEPARTMENT 6.1 SSC has no comments related to the application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 On May 29, 2003, the Ada County Highway District approved the Intermountain Outdoor Subdivision (MPFP02-001). The same conditions and restrictions apply to this application. 7.2 The Applicant will be required to pay all applicable platting and review fees prior to final approval. 7.3 Prior to fmal approval you will need to submit construction plans to ACHD Development Review Department to insure compliance with the conditions identified above or for traffic impact fee assessment. This is a separate review process that requires direct plans submittal to the development review staff at the highway district. S. SETTLERS' IRRIGATION DISTRICT 8.1 Applicant shall apply for a land use change application prior to any approvals. 8.2 All storm drainage must be retained on-site. 8.3 All irrigation/drainage facilities along with their easements must be protected and continue to function. The facility involved is the Settlers' Southside Canal (40' easement). Contact SID for any additional requirements. 8.4 A pressurized irrigation system must be provided to service all lots within the above mentioned subdivision from the current delivery point. 8.5 A license agreement MUST be signed and recorded prior to construction of any SID facilities, or within its easements. 8.6 Any changes to the existing irrigation system such as relocation, water delivery, tilling, and landscaping must be approved by Settlers" Irrigation District Boazd of Directors. 9. NAMPA & MERIDIAN IRRIGATION DISTRICT 9.1 Applicant shall apply for a land use change application prior to final platting. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 9.2 All laterals and waste ways must be protected. 9.3 The District's Jackson Drain courses along the south boundary of this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 9.4 All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 9.5 The Developer must comply with Idaho Code 31-3805. 9.6 NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 10. CENTRAL DISTRICT HEALTH DEPARTMENT 10.1 After written approvals from appropriate entities are submitted, we can approve the proposal for central sewage and central water. 10.2 The following plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage and central water. 10.3 Run-off is not to create a mosquito breeding problem. 11. INTERMOUNTAIN GAS COMPANY 11.1 The Applicant shall dedicate a 10-foot wide public utilities easement to span the lot line common to Lots 1-4, Block 1, Intermountain Outdoor Subdivision. 11.2 The Applicant shall dedicate a 10-foot minimum utility easement along all rights-of--way and drives. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006 C. Required Findings from Unified Development Code 1. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council fmds that the proposed application is compatible with the adopted Comprehensive Plan. The Council supports the proposed plat layout as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. Public services are available or can be made available and are adequate to accommodate the proposed development; Utilities were installed to the subject properties at the time of development of Intermountain Outdoor Sports. Therefore, the Council finds that a majority of the public services are already available, or can be made available, to accommodate the proposed development. c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; All utilities are currently available to the subject property. Because any additional services will be installed by the developer at their own cost, if needed, the Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The Commission and Council are not aware of any health or safety issues associated with the development of this subdivision. ACRD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which Staff is unaware. f. The development preserves significant natural, scenic or historic features. The Jackson Drain courses along the south side of this property. The Council is unaware of any other natural, scenic, or historic features on this site. Therefore, the Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance, if the Jackson Drain is protected. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which Staff is unaware. Exhibit C • November 2, 2007 AZ 07-006 MERIDIAN CITY COUNCIL MEETING November 7, 2007 APPLICANT Stanley Consultants ITEM NO. 5-C REQUEST Findings for Approval -Annexation and Zoning of 94.69 acres from RUT to C-G zone for Pinebridge -South of East Fairview Ave, East of North Locust Grove Rd and West of North Eagle Rd. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See a~ltached findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: Emailed: I~nted,at public mei .~~,~~ ~ (1 Phone: .~~ In fiats: property of the City of Meridian. OTHER: ~ ~ C~ n ~ n h7 ~~~~~~ 0 ~ ~~~~ ~i~~I ~~ f _l~~i~,~~ CITY OF MERIDIAN E IDIANf~- FINDINGS OF FACT, CONCLUSIONS OF LAW AND ~ ~' ~ ~' DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 94.69 acres from Rl and RUT (Ada County) to C-G (General Retail & Service Commercial) District; Rezone of 75.67 acres from I-L (Light Industrial) District to C-G (General Retail & Service Commercial) District; Preliminary Plat of 61 building lots and 21 common lots on 170 +/- acres; and Variance for two access points to N. Eagle Road, by Stanley Consultants. Case No(s). AZ-07-006, RZ-07-010, PP-07-008, and VAR-07-007 For the City Council Hearing Date of: October 16, and 23, 2007 (Findings on the November 7, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 23, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 23, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 23, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 23, 2007, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 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-OOb, RZ-07-010, PP-07-008, VAR-07-007 -1- 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Descriptions, Preliminary Plat, Conditions of Approval, and Development Agreement provisions, all in the attached Staff Report for the hearing date of October 23, 2007, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The Applicant's Annexation and Zoning request, as evidenced by having submitted the legal description and exhibit map, stamped and dated February 5, 2007, by Michael Marks, PLS, is hereby conditionally approved; 2. A Development Agreement is required with approval of the subject Annexation & Zoning application and shall include the provisions noted in the attached Staff Report for the hearing date of October 23, 2007, incorporated by reference; 3. The Applicant's Rezone request, as evidenced by having submitted the legal description and exhibit map, stamped and dated February 5, 2007, by Michael Marks, PLS, is hereby conditionally approved; 4. The Applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated 3/5/07 is hereby conditionally approved; and, 5. The Applicant's Variance request for an access point to Eagle Road/SH 55 from Commercial Street is hereby approved; 6. The Applicant withdrew the Variance request for an access point to Eagle Road proposed between Commercial Street & Pine Avenue; and 7. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of October 23, 2007, incorporated by reference. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-006, RZ-07-010, PP-07-008, VAR-07-007 -2- ! ~ D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking. analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of October 23, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-006, RZ-07-010, PP-07-008, VAR-07-007 -3- M i By action of the City Council at its regular meeting held on the ~'L day of i 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED_ `~~ COUNCIL MEMBER JOE BORTON VOTED_~~~~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED i~~~. COUNCIL MEMBER KEITH BIRD VOTED_~~~ TIE BREAKER MAYOR TAMMY de WEERD VOTED ~- ATTEST: ~iY~il~/ '~~.~d~.~cxi/ MAYQi+~` ~ de WEERD ~~, ~ ~~~ ~ d ~~~ e~ Applicant ~~'f'~~ir~rnoi~„a~'`~ Plannixlg Department 1sPublic Works Department /City Attorney ~' By: Y Dated: ~ ~-19' _ ~~ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-006, RZ-07-010, PP-07-008, VAR-07-007 -4- Copy served upon: CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 STAFF REPORT HEARING DATE: October 23, 2007 (Continued from September 18, October 2, and October 16, 2007) TO: Mayor & City Council FROM: Sonya Wafters, Associate City Planner F, IDIAN~~ '' (208) 884-5533 ~~~H~ SUBJECT: Pinebridge • AZ-07-006 Annexation and Zoning of 94.69 acres from Rl and RUT (Ada County) to C- G (General Retail & Service Commercial) District • RZ-07-010 Rezone of 75.67 acres from I-L (Light Industrial) District to C-G (General Retail & Service Commercial) District • PP-07-008 Preliminary Plat of 61 building lots and 21 common lots on 170 +/- acres • VAR-07-007 Variance for two access points to N. Eagle Road 1. SUNIMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Stanley Consultants, has applied for Annexation and Zoning (AZ) of 94.69 acres from Rl and RUT (Ada County Zones) to C-G (General Retail and Service Commercial) District; Rezone (RZ) of 75.67 acres from I-L (Light Industrial) District to C-G Zone; Preliminary Plat (PP) consisting of 61 commercial building lots and 21 common lots on 170 +/- acres; and a Variance (VAR) for two access points to N. Eagle Road. As part of the AZ & RZ applications, the applicant has submitted a conceptual site plan showing the proposed uses and layout of the development along with conceptual building elevations of some of the proposed buildings. The Pinebridge development is proposed to consist of approximately 3,000,000 square feet of commercial, light office, and multi-family residential uses and a medical campus. Buildable lots for the proposed subdivision range in size from 0.43 of an acre to 13.62 acres. The proposed development will also result in the extension of E. Pine Avenue between Locust Grove and Eagle Road, which will serve as the primary east/west connection for the proposed development. The proposed Pinebridge Avenue will serve as the primary north/south connection between Fairview Avenue and Pine Avenue. Two roundabouts are proposed for Pinebridge Avenue and Pine Avenue; one is proposed for the intersection of Pine Avenue and Webb Avenue and a second one is proposed for the intersection of Pinebridge Avenue and E. State Avenue. Across-access agreement(s) will be provided for the development to allow for shared parking. A Variance is requested for two access points to Eagle Road; the first access request is for the continued use of an existing access point on Commercial Street that has been used by Elixir, and the second request is for a new access point which will be located on Eagle Road halfway between Pine and Commercial. The VAR for access points are required due to a change in use of the property and because the locations proposed do not comply with the spacing requirements of the UDC. The overall site consists of approximately 170 acres and is located on the south side of E. Fairview Avenue, on the east side of N. Locust Grove Road, on the west side of N. Eagle Road, and on the Pinebridge AZ RZ PP VAR PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 north side of E. Commercial Street. The subject property is within the City's Area of Impact and the Urban Service Planning Area. Part of the subject property, 75 acres, is already annexed into the City. The remainder, 95 acres is still zoned in the County. 2. SUMMARY RECOMMENDATION The subject applications (AZ, RZ, PP, & VAR) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning, Rezone, Preliminary Plat, and Variance applications. Staff is recommending approval of the proposed AZ, RZ, & PP applications but is recommending denial of the VAR request per the conditions listed in Exhibit B of the Staff Report, based on the lEyndings in Exhibit D of this report. (The Commission is not required to make a recommendation to City Council on the Variance request.) The Meridian Planning & Zoning Commission heard these items on Mav 17, June 21, July 19, and August 16, 2007. At the public hearing on August 16.2007 they moved to recommend approval to the City Council of the subject AZ, RZ, and PP request. a. Summary of Commission Public Hearing: i. In favor: Dan Torfin. DMB Investments; Jack Cortabitarte ii. In opposition: None iii. Commenting• None iv. Written testimony: None v. Staff presenting application: Sonya Wafters vi. Other staff commenting on application: Caleb Hood lZ. Key Issue(s) of Discussion by Commission: i. The timeline of the extension of Pine Avenue to Locust Grove Road: ii. The e~stence of historical structures on the property and what the Applicant intends on doing with them; iii. The location of the 10-foot wide multi-use pathway required by the Master Pathways Plan through the site; iv. The requirement for a final plat to be signed prior to issuance of any occupancy permits on the site: v. Requiring the Applicant to provide cross-access to adiacent industrial properties• ~ Key Commission Change(s) to Staff Recommendation: i. Add a condition that Pine Avenue be extended to Locust Grove Road prior to issuance of any Certificate of Zoning Compliances for buildings that would r~uire access from Pine Avenue: ii. Modify condition 1.1.3 in Exhibit B, regarding structures being built adiacent to roadways with parking to the rear and sides of the structures, to the "maiority" of parking to the rear and sides of the structures. iii. Modify condition 1.2.6 in Exhibit B. regarding cross-access and driveway stubs, to not require cross-access to the Elliott Group and H2NR parcels but require emergency access to be provided to the H2NR parcel at the southeast corner; still require cross-access to the Cortabitarte and Belair parcels; iv. On condition 2.14 in Exhibit B, include the provisions of the UDC that allow for the possibility of a waiver for the reauirement of covering waterways that cross the property. v. Strike condition 4.3 in Exhibit B, which limits shrubs and bushes to species that do not exceed 2 feet in height. to allow these issues to be reviewed on a case by case basis by Staff through the Certificate of Zoning Compliance process; Pinebridge AZ RZ PP VAR PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE DARING DATE OF OCTOBER 23, 2007 vi. Modify condition 4.6 in Exhibit B, which restricts the Pinebridge/Fairview intersection access point to a right-in/right-out only. to require that the design of this intersection be subiect to ACHD approval; si. Outstanding Issue(s) for City Council: i. Historic Preservation Commission should provide a recommendation to the City Council regarding the historic structures on the site: Applicant should also address at the City Council hearing the information obtained from the State Historic Preservation office as well. (Note: Lila Hill submitted comments on this as follows: the barn is approximately 67 years old; the granary was moved there in about 1935 and is too eroded to save; the shed was originally a chicken house and is 75 years old; and the house was built in 1906 by the Howry brothers.) The Council should consider the comments from Lila Hill and any additional comments from the HPC to determine if any of the buildings should be preserved. ii. The Commission requested that the Applicant and Staff work together to come up with a condition that would allow for occupancy permits to be issued prior to plat recordation. Staff met with the Applicant and came up with the following condition: "Where there are existing utilities and where the surrounding public roads are fined. the Applicant shall be allowed up to 7 occupancy permits prior to final plat recordation. The Planning Director and the Development Services Manager may consider allowing additional occupancy permits (not to exceed 13) if the administration of the previous 7 seems to be efficient and in the City's best interest "Staff has added this as condition #1.2.11 in Exhibit B. iii. Blue Cross of Idaho has expressed concern to the Planning Department regarding access to their property once Pine Avenue is widened. The Applicant is working with ACHD and BCI to resolve the access issue. Staff is unaware of the outcome of those negotiations. This is the main reason the proiect was continued the last time. The Meridian City Council heard these items on October 16. and 23.2007. At the public earin~ on October 23.2007 they approved the subiect AZ. RZ. PP. and VAR request for the proposed access point to Eagle Road from Commercial: the Applicant withdrew the Variance request for the access point to Eagle Road proposed between Commercial and Pine. a, Summary of City Council Public Hearin: i. .Applicant's Representative: Mike Ford: Dennis Baker: Tuck F,wing vii. In opposition: Dave Gratten. Blue Cross of Idaho viii. Commentinus Garv Inselman. ACRD: Pat Dobie ix. Written testimony: Zelda Geyer-Sylvia. Blue Cross of Idaho x. Staff nresentin~ an_plication: Anna Canning ~. Other staff commenting on application: None g. ev Issues of Discussion by Council: i. The Applicant should meet with the Historic Preservation Commission to determine if any of the existin¢ structures on the site are considered historic and should be preserved: ii. The si~nalization of the Fairview/Pinebridge intersection: iii. The relocation of Blue Cross' driveway further to the west away from the Pin .aple intersection: iv. c impacts on Eagle Road and adiacent roadways: v. Proposed access points to Eagle Road: Pinebridge AZ RZ PP VAR PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ ATE OF OCTOBER 23, 2007 vi. Withdrawal of theyariance request for the acces~nint to F,a~le Road between mer l and P'ne: i (' _~ c a o Icy Council Changes to Staff/C'o mis. ion Recommendation i. oM d~f' y con ition #1210 regard~na the Nmina of the pYtpncion of Pine Avenue to Locust Grove Road to prior to issuance of any Certificate of Occupancy rather than Certificate of .n ins Compliance for buildings that would require acrecs from Pine Avenue. 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZr07- 006, R~07-010, PP-07-008, & VAR-07-007 as presented in staff report for the hearing date of October 23, 2007, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-07- 006, RZ-07-(110, PP-07-008, &VAR-07-007 as presented during the heazing on October 23, 2007, for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance I move to continue File Numbers AZ-07-006, RZ-07-1110, PP-07-008, &VAR-07-007 to the heazing date of (insert continued heazing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: South of E. Fairview Avenue, East of N. Locust Grove Road, west of N. Eagle Road, and north of E. Commercial Street (see page 2 of application for specific parcel numbers). Section 8, Township 3 North, Range 1 East b. Owner: DMB Management, LLC 250 S. Beechwood, Ste. 120 Boise, Idaho 83709 c. Applicant: Stanley Consultants 1940 S. Bonito Way, Suite 140 Meridian, ID 83642 d. Representative: Michael Wilson, Stanley Consultants e. Present Zoning: Rl (Ada County), RUT (Ada County), C-G (General Retail and Service Commercial), and I-L (Light Industrial) f. Present Comprehensive Plan Designation: Mixed Use -Community, Mixed Use -Regional, and Industrial g. Applicant's Statement/Justification: From Applicant's narrative submitted with application, "Pinebridge Subdivision will provide the City of Meridian with high quality commercial uses, Pinebridge AZ RZ PP VAR PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN•ATE OF OCTOBER 23, 2007 offices, multi-family residential development, and a proposed medical campus. Approximately 3,000,000 squaze feet of residential, commercial, and light office uses aze proposed for Pinebridge. The lazge scale of the proposed development will result in significant job creation and property tax revenue for the City of Meridian. The proposed development will also result in the construction of the extension of E. Pine Avenue between Locust Grove and Eagle Road; this extension will provide a critical road connection for the City of Meridian... The proposed multi- family residential component of Pinebridge will help to add to Meridian's diversity of housing types by adding multi-family housing to a housing inventory that is made up primarily of single- family residential development... Pinebridge Subdivision will be an innovative, vibrant, mixed- use development which will provide quality commercial and office development, a medical campus, and multi-family housing." (See applicant's narrative for more information.) 5. PROCESS FACTS a. The subject application will in fact constitute an Annexation and Zoning as determined by City Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is required before the Commission and City Council on this matter. b. The subject application will in fact constitute a Rezone as determined by City Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is required before the Commission and City Council on this matter. c. The subject application will in fact constitute a Preliminary Plat as determined by City Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is required before the Commission and City Council on this matter. d. The subject application will in fact constitute a Variance as determined by City Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is required before the City Council on this matter. e. Newspaper notifications published on: Apri130, 2007 and May 14, 2007 (Commission); August 27 2007 and September 10, 2007 (City Council) f. Radius notices mailed to properties within 300 feet on: Apri120, 2007 (Commission); August 24, 2007 (City Councill g. Applicant posted notice on site by: August 6, 2007 (Commission); September 27, 2007 (City Council 6. LAND USE a. Existing Land Use(s): There are a few existing single-family homes and associated outbuildings on this site but the site primarily consists of vacant land. b. Description of Character of Surrounding Area: The area surrounding this site consists primarily of industrial uses and vacant undeveloped land with some office and commercial uses, with a multi-family development to the north of the site. c. Adjacent Land Use and Zoning: 1. North: Commercial uses, zoned C-G; Vacant undeveloped property, zoned RUT (Ada County); multi-family residential development, zoned R-40; Industrial, commercial, & office uses, zoned I-L 2. East: Industrial, commercial & office uses and undeveloped property, zoned I-L; Commercial property, zoned C-G 3. South: Industrial property, zoned I-L; offices, zoned L-O; school, zoned L-O Pinebridge AZ RZ PP VAR PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 4. West: Industrial property, zoned I-L; Vacant ground, zoned RUT in Ada County; Commercial property, zoned C-G; residential property, zoned R-8 and R-40 d. History of Previous Actions: • The northern portion of this property was previously platted in Ada County as part of Pleasant Valley Subdivision; a very small southern portion was platted as part of Gemtone Center Subdivision No. 5; and the rest has not been previously platted. • A development application was previously submitted for Pinebridge in 2005 (AZ-OS-013, PP- OS-015, & CUP-OS-020) that included all of the subject property except for the portion east of N. Machine Avenue. This previous application was withdrawn by the Applicant. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: This property is proposing to sewer to mains located in Locust Grove Road, East Fairview Ave and East Pine Ave. Location of water: This property is proposing water service to mains located in Locust Grove Road, East Fairview Ave and East Pine Ave. Issues or concerns: None 2. Canals/Ditches Irrigation: There are a few irrigation ditches and drains that traverse through or adjacent to this site. All open irrigation ditches, laterals and canals, should be tiled when this property develops. 3. Hazards: The Planning Department is not aware of any hazards associated with this property. 4. Proposed Zoning: C-G (General Retail and Service Commercial) 5. Size of Property: 170 +/- acres f. Landscaping 1. Width of street buffer(s) adjacent to: E. Fairview Avenue: N. Locust Grove Road: E. Pine Avenue: N. Eagle Road: Pinebridge Avenue: E. Commercial Street E. Wilson Lane: E. State Street: E. Shellbrook Drive: N. Webb Avenue: N. Machine Avenue: 25 feet (principal arterial) 25 feet (minor arterial) ZS feet (minor arterial) 35 feet (principal arterial & entryway corridor) 20 feet (collector) 20 feet (collector) 20 feet (collector) 10 feet (local) 10 feet (local) 10 feet (local) 10 feet (local) Note: UDC Table 11-2B-3 lists the required street buffer widths for the following street classifications: Street landsca a buffer in feet) Local 10 Collector 20 Arterial 25 Pinebridge AZ RZ PP VAR PAGE 6 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 Ent ay corridor 35 If the street classification of any of the above-listed sheets is incorrect, please refer to the table above for the correct buffer width. Street buffers shall be constructed in accordance with the standards listed in UDC 11-3B-7C, Landscape Buffers along Streets. 2. Width of buffer(s) between land uses: A 25-foot wide buffer is required adjacent to all residential uses. Buffers shall be constructed in accordance with the standards listed in UDC 11-3B-9C. 3. Common open space: NA (Common open space will be required with CUP approval of the multi family residential portion of the development, per UDC 11-4-3-27C.) g. Amenities: NA (Amenities will be required with CUP approval of the proposed multi family residential portion of the development, per UDC 11-4-3-27D.) h. Off-Street Parking: One off-street parking space is required for every 500 square feet of gross floor area in commercial districts, per UDC 11-3C-6B. (See UDC 1 d-3C-6for required number of off-street parking spaces for residential use.) i. Required Dimensional Standards for the C-G zone: Front setback: 0 Rear setback: 0 Interior side setback: 0 Maximum building height: 65 feet Maximum building size without design standard approval: 200,000 square feet (See UDC 11-4-3-27B for specific dimensional standards for Multi family Residential Use) j. Summary of Proposed Streets and/or Access: Access to the proposed development will primarily be provided from E. Fairview Avenue via Pinebridge Avenue, and N. Eagle Road & N. Locust Grove Road via Pine Avenue. The applicant is proposing to construct Pinebridge Avenue south from E. Fairview Avenue and extend E. Pine Avenue to the west from N. Eagle Road to N. Nola Road, which will serve as the primary access points into the development. Pinebridge Avenue will be constructed within 64 feet ofright-of--way with a 46-foot wide street section (measured back to back), curb, gutter, and a 7-foot wide attached sidewalk. Pine Avenue will be constructed within 96 feet ofright-of--way with a 72-foot wide street section (measured back to back), curb, gutter, a 5-foot wide planter, and detached 5-foot wide sidewalk. East Wilson Lane is proposed to stub to the west at the northern portion of the development for future connection to the existing Wilson Lane west of the site. East State Street is proposed to connect to the east to an existing segment of State Street. North Webb Avenue and North Machine Avenue are proposed to connect to the south to existing segments of these streets. North Newbridge Place will be constructed to the south from E. Pine Avenue to provide access to Lots 4 & 5, Block 2. East Shellbrook will provide access from N. Locust Grove Road to the proposed multi-family portion of the development and connect to Pinebridge Avenue. Commercial Court (an existing private road) runs along the south boundary of the site. Across-access agreement will be recorded for Pinebridge to allow for shared parking. Staff is generally supportive of the proposed street system within the development with the comments and conditions stated in Section 10, Analysis, and Exhibit B of this report. However, Staff is not supportive of the access points proposed on Eagle Road/SH 69 (see Section 10, Analysis, below for more information). Pinebridge AZ RZ PP VAR PAGE 7 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 7. COMMENTS MEETING On Apri127, 2007 a joint agency and department meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS A majority of the subject property is designated "Mixed Use -Community" (MU-C) and "Mixed Use - Regional," (MU-R) with a 1.5 acre portion designated as "Industrial" on the Comprehensive Plan Future Land Use Map. The proposed C-G zoning district is compatible with the afore-mentioned Mixed Use designations but is not compatible with the Industrial designation. The Comprehensive Plan (page 98) states that "the areas depicted on the Future Land Use Map are conceptual and, therefore, will require further analyses prior to the creation of a zoning map: ' Staff believes that a map amendment is not necessary for the industrial designated property and that the requested C-G zone and commercial use of this property would be more appropriate because of the property's size (1.5 acres) and proximity to Mixed Use designated land. Per Chapter VII of the Comprehensive Plan, the Mixed Use land use category contains five sub- categories. "Generally, the mixed-use designation will provide for a combination of compatible land uses that are typically developed under a master or conceptual site plan. The purpose of this designation is to identify key areas which are either infill in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities are encouraged. The intent of this designation is to offer the developer a greater degree of design and use flexibility." The MU-C category allows for residential densities of 3 to 15 units per acre. Sample uses in this category also include: grocery stores, drug stores, coffee/sandwich shops, dry cleaner/Laundromat, professional offices, retail/gift shops, clothing stores, garden centers, restaurants, banks, drive-thru facilities, auto service stations, department stores, medicaUdental clinics, schools, parks, churches, public uses, clubhouses, hardware stores, salons, and daycares. The MU-R category allows for residential densities of 3 to 40 units per acre. This category includes all of the afore-mentioned uses allowed in the MU-C category and also includes entertainment uses, major employment centers, and clean industry. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the subject property in the following manner: - Sanitary sewer and water service will be extended to the project at the developer's expense. - A portion of the subject lands currently lies within the jurisdiction of the Meridian Rural Fire District and a portion lies within the jurisdiction of the Meridian City Fire Department. Once annexed the lands that are currently in the County will be under the jurisdiction of the Meridian City Fire Department, who shares resource and personnel with the Meridian Rural Fire Department. - The portion of the subject property that is currently in the County is under the jurisdiction of the Ada County Sheriff's Office. The portion that is currently in the City is Pinebridge AZ RZ PP VAR PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 under the jurisdiction of the Meridian Police Department (MPD). Once the County portion is annexed, all of the lands will be serviced by the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACLID) except for N. Eagle Road (SH 55), which is owned and maintained by the Idaho Transportation Department (ITD). This service will not change. - The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. - The subject lands are currently serviced by the Meridian Library District. This service will not change. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VII, Goal I, Objective B -Plan for a variety of commercial and retail opportunities within the Impact Area. The applicant plans to develop the property with a mix of multi family residential, light office, and retail uses, with a medical campus. The proposed use of the property will provide a variety of uses in this area of the City. • Chapter IV, Goal II -Diversify economic base of City -make Meridian more than a "bedroom" community. Per the Applicant's narrative, the proposed Pinebridge development is planned to add approximately 3, 000, 000 square feet of commercial, residential, and off ce development to the City and help to diversify the economic base of the City. Chapter VI, Goal II, Objective A, Action 12 -Develop methods, such as cross-access agreements, frontage roads, to reduce the number of existing access points onto arterial streets. Development of this property should reduce the number of existing access points onto adjacent arterial streets by eliminating the current access points and providing internal access from the proposed streets within the development. An internal cross-access and cross- parking agreement will also be required for the proposed lots within this development. • Chapter VII, Goal V, Objective A, Action 7 -Continue promoting quality mixed-use developments in accordance with the Future Land Use Map. The Future Land Use Map designates this property as Mixed Use. Staff believes that the proposed multi family, office, and retail use of this property will be a quality mixed use development. • Chapter VI, Goal V -Encourage the development of a continuum of services to meet the health care needs of the citizens of Meridian. A medical campus is planned within this development, which will help to meet the healthcare needs of the citizens of Meridian. • Chapter VII, Goal II -Serve the Treasure Valley as a regional industrial, commercial, and retail distribution hub. Pinebridge AZ RZ PP VAR PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF OCTOBER 23, 2007 The significant commercial component of Pinebridge will help to make Meridian a commercial hub for the Treasure Palley. Chapter VII, Goal IV -Encourage compatible uses to minimize conflicts and maxi_mi~e use of land. The proposed medical campus, commercial, light office, and residential uses are compatible with existing uses in the Eagle/Fairview area of Meridian and with the Comprehensive Plan designations for future development in the area. • Chapter VII, Goal III -Ensure that adequate public services, including transportation, for existing and future development are provided. The extension of Pine Avenue and construction of Pinebridge Avenue will provide key transportation routes for the City of Meridian. • Chapter VII, Goal 1V, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a commercial zone. The UDC requires a 2S foot wide landscape buffer be constructed adjacent to residential uses to assist in buffering residential properties from commercial uses, in accordance with the standards listed in UDC 11-3B-9C. Staff has included a condition of approval that the Applicant must comply with this requirement. • Chapter IV, Goal I, Objective A, Action 6 -Permit new residential, commercial, or industrial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. The proposed mixed-use development is contiguous to the City and can be provided with urban services at the time offinal approval. • Chapter V, Goal I, Objective A.3 -Encourage infill development in vacant/underdeveloped areas within the City over fringe area development to halt the outward progression of urban development. The subject infill property is largely surrounded by land that has been annexed into the City and is located close to the core of the City. Annexation and development of this property will allow urban growth within an underdeveloped area of the City. • Chapter V, Goal III, Objective B, Action 8 -Require all developments adjacent to designated entryway corridors to provide a minimum of 35 feet of high quality, professional landscaping on the site adjacent to the roadway. A portion of this development is located adjacent to Eagle Road, an entryway corridor into the City. As such, a 35 foot wide landscape buffer will be required adjacent to Eagle Road in accordance with UDC 11-3B-7, Landscape Buffers along Streets. 9. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory, and conditional uses within the C-G zoning district. Retail stores, professional services (offices), and healthcare services are listed as principal permitted uses in the C-G zone. Multi-family residential developments require conditional use approval in the C-G zone and are subject to the Specific Use Standards listed in UDC 11-4-3-27. See UDC 11-2B-2 for a complete listing of uses allowed in the C-G zone. Pinebridge AZ RZ PP VAR PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 b. Purpose Statement of the Commercial Districts: The purpose of the commercial districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four districts aze designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district proximity to streets and highways. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: AZ Application: The Comprehensive Plan Future Land Use Map designation for this property is Mixed Use -Community (MU-C). The applicant is proposing a C-G zone, which is generally consistent with the MU-C designation. Approval of the subject annexation and zoning request would allow the Applicant to obtain a commercial (C-G) zoning designation for the subject property. According to UDC 11-2B-2, the uses proposed for this site, retail stores, professional services, and healthcaze services, aze principal permitted uses in the proposed C-G zone. The Applicant has submitted a conceptual development plan and building elevations showing how this site will redevelop with approximately 3,000,000 squaze feet of residential, commercial, and light office uses. Based on the policies and goals contained in the Comprehensive Plan and the Future Land Use Map designation of Mixed Use for this property, Staff believes that the requested C-G zone is appropriate for this property. Please see Exhibit D for a detailed analysis of the required facts and findings for an annexation. The annexation legal descriptions for Pazcels 1 & 2 submitted with the application (stamped on February 5, 2007 by Michael E. Mazks, PLS) aze accurate and meet the requirements of the City of Meridian and Idaho State Tax Commission. RZ Application: The Comprehensive Plan Future Land Use Map designation for this property is Mixed Use -Regional (MU-R), Mixed Use -Community (MCT-C) and Industrial. The proposed C-G zoning district is compatible with the MU-R and MU-C designations but is not compatible with the Industrial designation. The Comprehensive Plan (page 98) states that "the azeas depicted on the Future Land Use Map are conceptual and, therefore, will require further analyses prior to the creation of a zoning map." Staff believes that a map amendment is not necessary for the industrial designated property and that the requested C-G zone and commercial use of this property would be more appropriate because of the property's size (1.5 acres) and proximity to Mixed Use designated land and that the property owner owns all of the subject property. Approval of the subject rezone request would allow the Applicant to obtain a commercial (C-G) zoning designation for the subject property. According to UDC 11-2B-2, the uses proposed for this site (i.e. retail stores, professional services, and healthcare services) aze principal permitted uses in the proposed C-G zone. The Applicant has submitted a conceptual development plan and building elevations showing how this site will redevelop with approximately 3,000,000 square feet of residential, commercial, and light office uses. Based on the policies and goals contained in the Comprehensive Plan and the Future Land Use Map designation of Mixed Use for this property, Staff believes that the requested C-G zone is appropriate for this property. Please see Exhibit D for a detailed analysis of the required facts and findings for a rezone. The rezone legal description for Parcels 1 & 2 submitted with the application (stamped on February 5, 2007 by Michael E. Mazks, PLS) aze accurate and meet the requirements of the City of Meridian and Idaho State Tax Commission. Pinebridge AZ RZ PP VAR PAGE 11 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 Development Agreement: In conjunction with the AZ & RZ, Idaho Code §67-6511A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City of Meridian that may require some written commitment for all future uses, per UDC 11-SB-3D2. Staff believes that a DA is necessary to ensure that the site develops in an attractive manner. If the Commission or Council feels additional DA requirements are necessary, staff recommends a clear outline of the commitments of the developer being required. Staff would like to see the following concepts employed in the development of the property: 1) pedestrian connections between buildings in the form of pathways distinguished from vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks; 2) structures built adjacent to roadways with parking to the rear and sides of the structures; 3) common areas with site amenities (i.e., plazas/courtyards, water features, picnic areas, flower gardens, public art, etc.); 4) structures oriented toward each other with windows, awnings, or arcades totaling at least 30% of the length of the fagade viewable from other structures; 5) provide walkways at least 8 feet in width for any aisle length that is greater than 150 parking spaces or 200 feet away from the main building entrance; ~ exterior building walls should demonstrate the appearance of high quality materials of stone, brick, wood, or other native materials (acceptable materials include tinted or textured masonry block, textured masonry block, textured architectural coated concrete panels, or stucco or stucco like synthetic materials -smooth faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials; 7) at least 2 changes in one or a combination of the following shall be incorporated into the building design: color, texture and materials; 8) rooflines shall demonstrate 2 or more of the following: overhanging eaves, sloped roofs, two or more roof planes, varying parapet heights, and cornices; and 9) the primary building entrances shall be clearly defined by the architectural design of the building. A Development Agreement will be required as part of the annexation and rezone of this property. Prior to the annexation and rezone ordinance approvals, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation/rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 6 months of Council approval to initiate this process. The DA shall include, at a minimum, the following: • Development of the property shall substantially comply with the conceptual site plan and elevation submitted with the subject application and the concepts outlined below. • No building permits shall be issued, prior to final plat recordation. • The following concepts shall be employed in the development of the property: - General massing of buildings, roundabouts and landscape islands in streets shall be constructed as generally shown on the preliminary plat and conceptual site plan prepared by Stanley Consultants, Inc., dated 3-5-07. - Pedestrian connections shall be constructed between buildings in the form of pathways distinguished from vehiculaz driving surfaces through the use of pavers, colored or scored concrete, or bricks; - Structures shall be built adjacent to roadways with a majority of the parking to the reaz and sides of the structures; - Common azeas with site amenities (i.e., plazas/courtyazds, water features, picnic azeas, flower gazdens, public art, etc.) aze encouraged to be included Pinebridge AZ RZ PP VAR PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 within the office/retail portion of the development and will be required in the multi-family portion of the development. - Structures should be oriented towazd each other or the adjacent street(s); - Windows, awnings, or azcades totaling at least 30% of the length of the facade should be provided for facades that aze viewable from other structures; - Provide walkways at least 8 feet in width for any aisle length that is greater than 150 pazking spaces or 200 feet away from the main building entrance; - Exterior building walls should demonstrate the appeazance of high quality materials of stone, brick, wood, or other native materials (acceptable materials include tinted or textured masonry block, textured masonry block, textured architectural coated concrete panels, or stucco or stucco like synthetic materials - smooth faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials; - The building design shall incorporate at least 2 changes in one or a combination of the following: color, texture and materials; - Rooflines shall demonstrate 2 or more of the following: overhanging eaves, sloped roofs, two or more roof planes, varying parapet heights, and cornices; - The primary building entrances shall be clearly defined by the architectural design of the building. - A Conditional Use Permit for the multi-family portion of this development shall be submitted prior to submitting for final plat approval on that azea. PP Application: The Applicant has submitted a preliminary plat/conceptual site plan for this site labeled as Sheets 1, 2, 3, & 4 of 7, prepazed by Stanley Consultants, Inc., and dated Mazch 5, 2007. The proposed subdivision consists of 61 buildable lots and 21 common lots. All proposed lots meet the dimensional standazds for the requested C-G zone. Buildable lots range in size from 0.43 of an acre to 13.62 acres. Staff has reviewed the preliminary plat/conceptual site plan and is supportive of the following design features represented on the plan: 1) the orientation of the buildings adjacent to Eagle Road with parking to the side and reaz of the structures; 2) the roundabouts which should reduce speeding and assist in traffic flow; and 3) planter islands. The Applicant has not submitted a phasing plan for this site. Dne to the size of this development and the proposed extension of Pine Avenue, the Applicant should address the timeline for development of the site at the Commission hearing and submit a phasing plan prior to or at the Commission meeting. Additionally, depending upon the Applicant's phasing plan, the Commission may want to include a DA provision that Pine Avenue be extended prior to issuance of Certificate of Zoning Compliance's on the site. Proposed Streets and/or Access: Primary access to the development is proposed to be provided from E. Fairview Avenue via Pinebridge Avenue, and N. Eagle Road & N. Locust Grove Road via Pine Avenue. The applicant is planning to construct Pinebridge Avenue south from E. Fairview Avenue and extend E. Pine Avenue to the west from N. Eagle Road to N. Nola Road, which will serve as the primary access points into the development. Pinebridge Avenue will be constructed within 64 feet ofright-of--way with a 46-foot wide street section (measured back to back), curb, gutter, and a 7-foot wide attached sidewalk. Pine Avenue will be constructed within 96 feet ofright-of--way with a 72-foot wide street section (measured back to back), curb, gutter, a Pinebridge AZ RZ PP VAR PAGE 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN• ATE OF OCTOBER 23, 2007 5-foot wide planter, and detached 5-foot wide sidewalk. East Wilson Lane is proposed to stub to the west at the northern portion of the development for future connection to the existing Wilson Lane west of the site. East State Street is proposed to connect to the east to an existing segment of State Street. North Webb Avenue and North Machine Avenue are proposed to connect to the south to existing segments of these streets. North Newbridge Place will be constructed to the south from E. Pine Avenue to provide access to Lots 4 & 5, Block 2. East Shellbrook will provide access from N. Locust Grove Road to the proposed multi-family portion of the development and connect to Pinebridge Avenue. Across-access agreement will be recorded for Pinebridge to allow for shared parking. ACRD has submitted comments on this application, included in Exhibit B, which recommend against the approval of the proposed traffic signal at the Fairview/Pinebridge intersection as currently proposed. Staff is generally supportive of the proposed street system within the development with the comments and conditions stated in Section 10, Analysis, and Exhibit B of this report. However, Staff is not supportive of the two access points proposed to Eagle Road with the VAR application because access to the site can adequately be provided from Pine Avenue that runs along the northeast boundary of the site, in addition to the other proposed access points to the other arterial roadways. Cross-Access/Driveway Stubs: There are some parcels adjacent to this site that should be interconnected to this development. Staff believes that cross access easements and driveway stubs should be provided to the following parcels: 87104250004 (Cortabitarte, at the east boundary); 87104251802 (Belair Leasing, Inc., at the west boundary); 82333350010 (Elliott Group, LLC., at the west boundary); and 82333350020 (H2NR, LLC., at the west boundary). Across-access agreement should be recorded granting cross-access to these parcels via a note on the plat or a separate agreement. Providing cross-access to the afore-mentioned properties will assist in providing interconnectivity to adjoining parcels and limiting access points on adjacent roadways. Cross access easement(s) should also be recorded for all lots within this subdivision that share drive aisles. Staff is not requesting that a stub be provided to the south from the multi-family portion of the development to the Duncan property (parcel #S1108233990) because of the Comprehensive Plan Future Land Use Map designation of Industrial for the property. Staff feels that connectivity to this parcel should be provided from the south via Pine and/or from the west via Locust Grove through properties that are designated for similar type uses. Landscaping: The Applicant has submitted a landscape plan with this application, labeled as Sheet 1 of 1, prepared by Stanley Consultants, Inc., and dated March 22, 2007. Landscaping must be installed on this site in accordance with the standards listed in UDC 11-3B, Landscaping Requirements. The landscaping shown on the landscape plan submitted with this application is approved with the following modification/comments (NOTE: The internal landscaping has not been reviewed and is not approved with this plat. Internal landscaping will be subject to compliance with the UDC during the CZC review. Perimeter and landscaping adjacent to streets shall be completed as part of the platting process): • A 35-foot wide street buffer is required along Eagle Road, an entryway corridor in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. • A 25-foot wide street buffer is required along E. Fairview Avenue, Pine Avenue and N. Locust Grove Road, and any other street(s) classified as an arterial street, landscaped in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. • A 20-foot wide street buffer is required along all collector streets, landscaped in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. • A 10-foot wide street buffer is required along all local streets, landscaped in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. Pinebridge AZ RZ PP VAR PAGE 14 CITY OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEARIN• ATE OF OCTOBER 23, 2007 • A 25-foot wide buffer to residential uses is required in accordance with the standards listed in UDC 11-3B-9C, Landscape Buffer to Adjoining Uses. • Internal parking lot landscaping is required upon development of each lot in accordance with the standards listed in UDC 11-3B-8, Parking Lot Landscaping. • Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department prior to issuance of any Certificate of Occupancies for this site. All standards of installation should apply as listed in UDC 11-3B-14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. The preceding modifications and notes should be shown on a revised landscape plan submitted with the final plat application(s), the Certificate of Zoning Compliance and Conditional Use Permit application(s). Existing Structures: The site currently contains some existing structures. All existing structures that do not meeting setbacks or the dimensional standards of the UDC shall be removed prior to the City Engineer's signature on the final plat. There are several old structures located at the corner of Nola and Pine that may be classified as historical structures. The Applicant shall address at the public hearing what they intend on doing with these structures. Building Elevations: The Applicant has submitted an elevation of their office building proposed to be located adjacent to the Pinebridge development at the corner of Pine and Hickory (see Exhibit A.5). The Applicant states that this elevation is representative of what some of the buildings will look like within the proposed Pinebridge development. A list of construction materials for the future buildings on the site was not provided by the Applicant. Due to the size of this development, Staff does not believe that requiring all buildings within the development to resemble the elevation submitted with this application would be practical. However, in order to ensure that future buildings on this site develop in an attractive manner, Staff is including design provisions in the Development Agreement for future buildings (see DA provisions above and in Exhibit B). Design Standards: All structures proposed within the development that exceed 200,000 square feet or that are located on an entryway comdor (Eagle Road), shall be required to obtain design review approval and comply with the design standards listed in UDC 11-3A-19C. Further, all structures located adjacent to Fairview Avenue, Pinebridge Avenue, and Pine Avenue shall also be required to comply with the afore-mentioned design standards because of the high visibility of the structures. Fencing: The Applicant is not proposing to construct fencing on the site and none is required by the UDC. If permanent fencing is not constructed on the site, temporary fencing to contain debris during construction should be installed around the perimeter of the site. Pathways: The Master Pathways Plan depicts future 10-foot wide multi-use pathways across this site. Multi-use pathways should be constructed on this site in accordance with the standards listed in the Pathways Plan and the locations depicted on the Master Pathways Plan included as Exhibit A.4 in this report and per the text in the Pathways Plan as follows: 1) The pathway shown on the Pathways Plan (Settlers Creek Pathway, Locust Grove-Treasure Valley RWT) along the northwest portion of the site on the north side of the multi-family portion of the development is Pinebridge AZ RZ PP VAR PAGE I S CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 planned to be located "on either the north or south side of the Settlers Canal where it will eventually connect with a short existing segment of pathway before continuing east as a proposed pathway. Where the Flume Canal disappears the pathway heads south to connect to the Treasure Valley RWT."Because there is an existing segment of pathway along the north side of Settlers Canal on the H2NR LLC & Paddington Subdivision HOA properties, Staff believes that the pathway should continue to Locust Grove along the north side of the Settlers Canal and be constructed upon development of the Leonard property (87104253800). The Applicant should connect to the existing segment of pathway and extend the pathway on the north side of the Flume Canal to the east property boundary. The pathway should then extend south along the west side of Machine Avenue then cross Machine and run along the Snyder Lateral to the south property boundary for future connection to the Treasure Valley RWT. 2) The pathway shown on the Pathways Plan (Meridian Loop Pathway, Franklin-Fairview) is planned to extend from the Treasure Valley RWT and head north along Nola Road and then northeast to the signal at Hickory Way and Fairview. The Applicant should construct the pathway along the east side of Nola Road along the west property boundary, north across Pine Avenue, then east along the north side of Pine Avenue and north along the west side of Pinebridge Avenue. Where the pathway meets the pathway required along the Flume Canal, the pathway should cross Pinebridge and extend north along the east side of Pinebridge and stub to the Cortabitarte property at the northeast corner of the site for future extension to the east as shown on the conceptual plan in Exhibit A. The multi-use pathways in each phase of the development shall be constructed prior to signature on the final plat of each phase. Ditches, Laterals, and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of any natural waterway, that intersect, cross or lie within the area being subdivided shall be covered. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle- point connection to the culinary water system shall be required. If a single-point connection is used, the developer will be responsible for the payment of assessments for the common azeas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Multi-family Development: The preliminary platlconceptual site plan submitted with this application depicts amulti-family development proposed for the western portion of the site. This plan shows 25 multi-family buildings with an undisclosed number of residential units. Multi- family developments required Conditional Use Permit (CUP) approval in the C-G zone, per UDC 11-2B-2. Staff questions how the design of the multi-family azea shown on the concept plan will create a viable multi-family project with a public road bisecting the units. A CUP shall be submitted prior to final plat submittal for this azea so that the exact layout and design for the multi-family development can be reviewed and approved prior to construction of the roads in this area. The subject application does not grant approval of the proposed multi-family development, location or number of structures, number of dwelling units, or driveway approval; a CUP is required for approval of the proposed multi-family development on the site. Additionally, Specific Use Standards (UDC 11-4-3-27) apply to multi-family developments as follows: a. Setbacks: Buildings shall provide a minimum setback of 10 feet, unless a greater setback is otherwise required by the UDC. Pinebridge AZ RZ PP VAR PAGE 16 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 b. Service areas: On-site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer or utility vaults shall be fully screened from view from any public street. c. Private, usable open space: A minimum of 80 square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. d. Developments with 20 units or more shall provide the following: A property management office, a maintenance storage area, a central mailbox location, and a directory and map of the development at a convenient location. e. Covered Parlang: UDC 11-3C-6 requires that multifamily developments shall provide parking as follows: for 1 bedroom units, there shall be two parking spaces with one in a covered carport or garage; and for units with more than one bedroom, 2 parking spaces shall be provided in a covered carport or garage. f. Common Open Space Design Requirements: A minimum of 350 square feet of outdoor common open space shall be provided for each unit containing more than 1,200 square feet of living area. The common open space shall be not less than 400 square feet in area, and shall have a minimum length and width dimension of 20 feet. g. Amenities: UDC 11-4-3.27 requires that multi-family developments between 20 and 75 units provide 3 amenities from separate categories (i.e. quality of life, open space, or recreation). h. Elevations: Elevations are required to meet the architectural standards set forth in UDC 11-4-3-27E. i. Landscaping: Per UDC 11-4-3-27, all street facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following standards: - The landscaped area shall be at least 3-feet wide; - For every 3 linear feet of foundation, an evergreen shrub having a minimum mature height of 24 inches shall be planted; and - Ground cover plants shall be planted in the remainder of the landscaped area. j. Maintenance and Ownership Responsibilities: Per UDC 11-4-3-27G, a legally binding document shall be recorded that states the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features. VAR Application: The applicant is requesting a Variance from the standards listed in UDC 11- 3H-4Blcand 11-3H-4B2, regarding Development along Federal and State Highways. Because the east boundary of this site is located adjacent to State Highway (SH) 55 (Eagle Road), the standards listed in UDC 11-3H-4B regarding Development along State Highways, apply to the development of this property. The Applicant is proposing two access points to SH 55. The first is from the existing Commercial Court, which is a private road located approximately 860 feet south of the centerline of Pine Avenue that has been used by Elixir. The second is a new access point proposed to be located half-way between Pine and Commercial, approximately 440 feet north of the south property line. See Exhibit A.4 for proposed access points to SH 55. Pine Avenue is located in accordance with UDC 11-3H, i/z mile between Fairview Avenue and Franklin Road. Per UDC 11-3H-4B, use of existing approaches (in this case, E. Commercial Pinebridge AZ RZ PP VAR PAGE 17 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 Street) to SH 55 shall be allowed to continue provided that all of the following conditions are met: 1) The existing use is lawful and properly permitted effective September 15, 2005; 2) The nature of the use does not change (for example, a residential use to a commercial use); and 3) The intensity of the use does not increase (for example, an increase in the number of residential dwelling units or an increase in the square footage of commercial space). Staff has reviewed these standards and found that the intensity of the proposed use of the site will increase because of the square footage of commercial space proposed. The UDC further states, "If an applicant proposes a change or increase in intensity of use, the owner shall develop or otherwise acquire access to a street other than the state highway. The use of the existing approach shall cease and the approach shall be abandoned and removed." Additionally, "No new approaches directly accessing a state highway shall be allowed and public street connections to the state highway shall only be allowed at the section line road and the half mile mark between section line roads (where Pine Avenue currently exists). These half mile connecting streets shall be collector roads." The applicant is requesting a Variance to the above-stated standards and is proposing that the existing Commercial Street approach be allowed to continue and that a new approach to SH 55 be allowed on the west side of SH 55, midway between Pine Avenue and Commercial Street. The applicant's justification for the proposed variance, per the applicant's narrative submitted with the application, is "The two variances are being requested to relieve undue hardships associated with the site. If the proposed project were smaller in scale it would not be necessary to propose an additional access point on SH 55; the 170 acre size of the proposed development and the location of the project make it necessary to create a new access point to provide adequate connectivity and access for the proposed development. The change in intensity of the use for the existing Elixir access point warrants the second proposed variance to allow for the continuing use of an existing access point. The proposed change in use of the subject property is supported by Meridian's Comprehensive Plan; the Pinebridge property is designated for Mixed Use, Industrial, and Mixed Use Regional development. It would not be possible to develop the subject property in a manner consistent with Meridian's Comprehensive Plan without changing the intensity of use on the property." In order for the Council to grant a variance, the Council shall make the following findings: - The variance shall not grant a special right or privilege that is not otherwise allowed in the district; - The variance relieves an undue hardship because of characteristics of the site; and - The variance shall not be detrimental to the public health, safety, and welfare. Staff does not believe that the afore-mentioned findings can be made for approval of the variance request in this instance. Please see Staff's analysis of the findings in Exhibit D of this report for more information. Further, Staff does not believe that two additional access points to SH 55 are necessary as there is an existing access point to SH 55 via Pine Avenue, along the northeast boundary of this site, which will provide access to the east side of this development. b. Staff Recommendation: Staff is recommending approval of the proposed AZ, RZ, & PP applications but is recommending denial of the VAR request per the conditions listed in Exhibit B of the-Staff Report, based on the Findings in Exhibit D of this report. The Meridian Planning & Zoning Commission heard these items on Mav 17. June 21. and Julv 19.2007. At the public hearing on July 19, 2007 they moved to recommend approval of the subiect AZ, RZ, and PP request The Meridian Citv Council heard these items on October 16. and~3.2007. At the nub i hea 'n~ on October 23.2007 they annroved the~ubiect 7. 7,. PP. and VAR request for the p~nosed access point to Eagle Road from Commercial: the Annlicant Pinebridge AZ RZ PP VAR PAGE 18 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 11. E~~ITS A. Drawings 1. Vicinity/Zoning Map 2. Preliminary Plat (dated: 3/5/07) 3. Landscape Plan (dated: 3/22/07) 4. Site Plan for Variance Request 5. Conceptual Building Elevation 6. Overview of Site 7. Master Pathways Plan depicting conceptual locations of future multi-use pathways B. Agency Comments/Conditions 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code Pinebridge AZ RZ PP VAR PAGE 19 A. Drawings 1. Vicinity/Zoning Map Exhibit A • 2. Preliminary Plat Exhibit A Exhibit A ~ ~ Exhibit A • Exhibit A Exhibit A ~~ 3. Landscape Plan (dated: 3/22/07) 4. Site Plan for Variance Request i Exhibit A Exhibit A 5. Conceptual Building Elevation -- --- li y'° ~ ~ l ~ ~ i /'-~,~ _/ ~. ~ ~- 6. Overview of Site ~ ~ ~ .ate ~ _-~~~,_ -"~~'"'~ ~ ;~~-~~~°_=d ._ .I' "' € ~•~ .~ '~' ~_ ~* ~' ~ mow, r _ _ .. - _ ~~ ~_ -'mss.. ,i~-.,e„ ~.:.. - ~- - _. ~~ _ , -_ _ __ = ~ -~-- Exhibit A 7. Master Pathways Plan depicting conceptual locations of future multi-use pathways Exhibit A • B. Agency Comments/Conditions 1. PLANNING DEPARTMENT 1.1 ANNEXATION/REZONE COMMENTS 1.1.1 The rezone legal description for Parcels 1 & 2 submitted with the application (stamped on February 5, 2007 by Michael E. Marks, PLS) are accurate and meet the requirements of the City of Meridian and Idaho State Tax Commission. 1.1.2 The annexation legal descriptions for Parcels 1 & 2 submitted with the application (stamped on February 5, 2007 by Michael E. Marks, PLS) are accurate and meet the requirements of the City of Meridian and Idaho State Tax Commission. 1.1.3 A Development Agreement will be required as part of the annexation and rezone of this property. Prior to the annexation and rezone ordinance approvals, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation/rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 6 months of Council approval to initiate this process. The DA shall include, at a minimum, the following: • Development of the property shall substantially comply with the conceptual site plan and elevation submitted with the subject application and the concepts outlined below. • A fmal plat shall be recorded, prior to the issuance of Certificates of Zoning Compliance; the site shall be a lot and block in a recorded subdivision. • The following concepts shall be employed in the development of the property: - General massing of buildings, roundabouts and landscape islands in streets shall be constructed as generally shown on the preliminary plat and conceptual site plan prepared by Stanley Consultants, Inc., dated 3-5-07, as amended below. - Pedestrian connections shall be constructed between buildings in the form of pathways distinguished from vehiculaz driving surfaces through the use of pavers, colored or scored concrete, or bricks; - Structures shall be built adjacent to roadways with the majority of parking to the reaz and sides of the structures; - Common azeas with site amenities (i.e., plazas/courtyards, water features, picnic azeas, flower gazdens, public art, etc.) aze encouraged to be included within the office/retail portion of the development and will be required in the multi-family portion of the development. - Structures shall be oriented towazd each other or the adjacent street(s) if there is no pazking in front of the building; - Windows, awnings, or azcades totaling at least 30 % of the length of the facade shall be provided for facades that aze viewable from other structures; - Provide walkways at least 8 feet in width for any aisle length that is greater than 150 pazking spaces or 200 feet away from the main building entrance; - Exterior building walls shall demonstrate the appeazance of high quality materials of stone, brick, wood, or other native materials (acceptable materials Exhibit B include tinted or textured masonry block, textured masonry block, textured azchitectural coated concrete panels, or stucco or stucco like synthetic materials - smooth faced concrete block, tilt-up concrete panels, or prefabricated steel panels aze prohibited except as accent materials; - The building design shall incorporate at least 2 changes in one or a combination of the following: color, texture and materials; - Rooflines shall demonstrate 2 or more of the following: overhanging eaves, sloped roofs, two or more roof planes, varying parapet heights, and cornices; - The primary building entrances shall be cleazly defined by the azchitectural design of the building. - A Conditional Use Permit for the multi-family portion of this development shall be submitted prior to submitting for final plat approval on that area. 1.2 PRELIMINARY PLAT -SITE SPECIFIC REQUIREMENTS 1.2.1 The preliminary plat and conceptual site plan labeled as Sheets 1, 2, 3, and 4 of 7, prepared by Stanley Consultants, Inc., dated March 5, 2007, is approved, with the conditions listed herein. 1.2.2 The landscape plan, labeled as Sheet 1 of 1, prepared by Stanley Consultants, Inc., dated March 22, 2007, is approved with the following modifications/comments (NOTE: The internal landscaping has not been reviewed and is not approved with this plat. Internal landscaping will be subject to compliance with the UDC during the CZC review. Perimeter and landscaping adjacent to streets shall be completed as part of the platting process): a. Landscaping must be installed on this site in accordance with the standards listed in UDC 11-3B, Landscaping Requirements. b. A 35-foot wide street buffer is required along Eagle Road, an entryway corridor in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. c. A 25-foot wide street buffer is required along E. Fairview Avenue, Pine Avenue and N. Locust Grove Road, and any other street(s) classified as an arterial street, landscaped in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. d. A 20-foot wide street buffer is required along all collector streets, landscaped in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. e. A 10-foot wide street buffer is required along all local streets, landscaped in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. f. A 25-foot wide buffer to residential uses is required in accordance with the standards listed in UDC 11-3B-9C, Landscape Buffer to Adjoining Uses. g. Internal parking lot landscaping is required upon development of each lot in accordance with the standards listed in UDC 11-3B-8, Parking Lot Landscaping. h. Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. i. A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department prior to issuance of any Certificate of Occupancies for this site. All standards of installation should apply as listed in UDC 11-3B-14. Exhibit B Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. The preceding modifications and notes should be shown on a revised landscape plan submitted with the final plat applications, the Certificate of Zoning Compliance and Conditional Use Permit application. 1.2.3 Construct 10-foot multi-use pathways within this development in accordance with the standards listed in the Meridian Pathways Master Plan and the conceptual locations depicted on the Pathways Plan shown in Exhibit A.4 of this report and per the text in the Pathways Plan as follows: 1) The pathway shown on the Pathways Plan (Settlers Creek Pathway, Locust Grove- Treasure Valley RWT) along the northwest portion of the site on the north side of the multi- family portion of the development is planned to be located "on either the north or south side of the Settlers Canal where it will eventually connect with a short existing segment of pathway before continuing east as a proposed pathway. Where the Flume Canal disappears the pathway heads south to connect to the Treasure Valley RWT." Because there is an existing segment of pathway along the north side of Settlers Canal on the H2NR LLC & Paddington Subdivision HOA properties, Staff believes that the pathway should continue to Locust Grove along the north side of the Settlers Canal and be constructed upon development of the Leonard property (87104253800). The Applicant shall connect to the e~sting segment of pathway and extend the pathway on the north side of the Flume Canal to the east property boundary. The pathway should then extend south along the west side of Machine Avenue then cross Machine and run along the Snyder Lateral to the south property boundary for future connection to the Treasure Valley RWT. 2) The pathway shown on the Pathways Plan (Meridian Loop Pathway, Franklin-Fairview) is planned to extend from the Treasure Valley RWT and head north along Nola Road and then northeast to the signal at Hickory Way and Fairview. The Applicant should construct the pathway along the east side of Nola Road along the west property boundary, north across Pine Avenue, then east along the north side of Pine Avenue and north along the west side of Pinebridge Avenue. Where the pathway meets the pathway required along the Flume Canal, the pathway should cross Pinebridge and extend north along the east side of Pinebridge and stub to the Cortabitarte property at the northeast corner of the site for future extension as shown on the plan in Exhibit A. The multi-use pathways in each phase of the development shall be constructed prior to signature on the final plat of each phase. 1.2.4 A Conditional Use Permit is required for the multi-family residential portion of the development depicted on the conceptual site plan. All future structures shall comply with the architectural standards listed in UDC 11-4-3-27E for multi-family developments. A Certificate of Zoning Compliance (CZC) is required for each building within this development prior to issuance of a building permit. Development of the site shall substantially comply with the conceptual development plan submitted with this application. NOTE: A CZC application ~ include multiple/all multi family units within the development. 1.2.5 All structures proposed within the development that exceed 200,000 square feet or that are located on an entryway corridor (Eagle Road), shall be required to obtain design review approval and comply with the design standards listed in UDC 11-3A-19C. Further, all structures located adjacent to Fairview Avenue, Pinebridge Avenue, and Pine Avenue shall also be required to comply with the afore-mentioned design review standards. 1.2.6 Cross access easements and driveway stubs shall be provided to the following parcels: 87104250004 (Cortabitarte, at the east boundary); 87104251802 (Belair Leasing, Inc., at the west boundary)' R~3~~~39A~A-EEl}io~~ T r 4~ .,..a.,-.,~...,,a n~~~~~cnn~n , ~,-a , »~~vvto .Emergency access shall be provided to the 132NR parcel Exhibit B at the southeast corner. Across-access agreement shall be recorded granting cross-access to these parcels via a note on the plat or a separate agreement. A cross access easement shall also be recorded for all lots within this subdivision that share drive aisles. 1.2.7 All signage for the site requires approval of a sign permit. All signage must comply with UDC 11-3D-8I and 11-3D-10, Table 2, for subdivision identification signs. 1.2.8 If permanent perimeter fencing is not constructed on the site, temporary fencing to contain debris during construction shall be installed around the site prior to release of building permits. 1.2.9 Underground, pressurized irrigation must be provided to all lots within this development. 1.2.10 Pine Avenue shall be extended to Locust Grove Road prior to issuance of any Certificate of Occupancy for buildings that would require access from Pine Avenue. 1.2.11 Where there are existing utilities and where the surrounding public roads are fixed, the Applicant shall be allowed up to 7 occupancy Hermits prior to final plat recordation. The Planning Director and the Development Services Manager may consider allowing additional occupancy permits (not to exceed 131 if the administration of the Hrevious 7 seems to be efficient and in the City's best interest. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Locust Grove Road. The applicant shall install all mains to and through this development; 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 Locust Grove Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 A water stub to the east shall be provided to allow for a future looped system, it shall be covered by a standard City of Meridian easement. 2.4 Prior to any excavation or improvements within this development that applicant shall submit a Flood Plain Development Permit and comply with all conditions of the same. 2.5 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.6 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.7 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. Exhibit B • 2.8 The City of Meridian requires that pressurized imgation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. ff a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.9 All existing structures not meeting setbacks or the dimensional standards of the UDC shall be removed prior to building permits being released. 2.10 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.11 Any meter tiles located in common driveways shall be upgraded to traffic rated materials per City of Meridian Standard Specifications. 2.12 As proposed, additional width to the public utilities, drainage and irrigation easement along the right-of way shall be dedicated where the sidewalk is located past the right-of--way. The additional width needs to be sufficient to allow for 10 feet of easement past the sidewalk. 2.13 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.14 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. Per UDC 11-3A-6A.3.a, the City Council may waive the requirement for covering such ditch, lateral, canal, or drain. if it finds that the public uuruose repuirin~ such will not be served and uublic safety can be preserved. The Ceti ' Council may also waive this requirement for IarEe~anacity fac~7ities. 2.15 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, and the road base approved, prior to applying for building permits. 2.16 All development improvements, including but not limited to sewer, water, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.17 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to issuance of building permits. 2.18 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.19 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.20 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.21 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. Exhibit B 2.22 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.23 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.24 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. Height for 100 watt fixtures is 25-feet, height for 250 watt fixtures is 30-feet. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 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 comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 Building setbacks shall be per the International Building Code for one and two story construction. 3.8 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the back of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.9 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.10 The office/commercial lots will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced Exhibit B 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.11 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.12 Maintain a separation of 5' from the building to the dumpster enclosure. 3.13 The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.14 The Fire Dept. has concerns about the addressing of the existing house and the address being visible from the street which the project is addressed off of. Please contact the Addressing Specialist at 898-5500 to address this concern prior to the public hearing. 3.15 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the Intemational Fire Code. 3.16 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.17 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.18 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic 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). 3.19 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered. 3.20 There shall be a fire hydrant within 100' of all fire department connections. 3.21 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 3.22 Emergency response routes and fire lanes shall not be allowed to have speed bumps. 3.23 Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least three means of fire apparatus access for each structure. Two of the access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line. 3.24 Buildings or facilities having a gross building area of more than 62,000 square feet (5760 m2) shall be provided with two separate and approved fire apparatus access roads separated by one half of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses. Exception: Projects having a gross building area of up to Exhibit B 124,000 square feet (11520 m2) that have a single approved fire apparatus access road when all buildings are equipped throughout with approved automatic sprinkler systems. (Remoteness Required) 3.25 Connect E. Commercial Street to Machine Avenue on the east side of N. Machine Avenue. 3.26 The Pinebridge/Fairview intersection access point should be aright-in/right-out only. 3.27 Lot 1, Block 17 may have limited visibility and access points prohibit driveways on curves. 3.28 No access points should be allowed to/from Eagle Road. 4. POLICE DEPARTMENT 4.1 Prior to release of building permits, the applicant shall submit a parking plan for all off-street parking in the multi-family development to the Planning and Zoning Department. All parking spaces shall be assigned to a specific dwelling unit or for guest use. The parking space identification shall use a different numbering system than the dwelling units. 4.2 The north/east/south/west fagades shall include windows that look onto the parking areas and/or other public areas. 4.4 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. All micropaths and open areas shall have adequate lighting. 4.5 The loading areas shall be separated from all public parking areas. 4.6 The Pinebridge/Fairview intersection access point should be a right-in/right-out only, the desisn of which shall be subiect to ACRD anuroval. 4.7 Lot 1, Block 17 may have limited visibility and access points prohibit driveways on curves. 4.8 No access points should be allowed to/from Eagle Road. 5. PARKS DEPARTMENT 5.1 The Parks Department did not submit comments on this application. 6. SANITARY SERVICE COMPANY 6.1 SSC has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC CONDITIONS OF APPROVAL 7.1.1 Dedicate 60-feet ofright-of--way from the section line of Fairview Avenue abutting the parcel. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACPID Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The District will purchase the right-of--way which is in addition to existing right-of--way from available Corridor Preservation Funds. 7.1.2 Construct the additional third travel lane of Fairview Avenue abutting the site with pavement widening, vertical curb, and gutter. The construction of this lane is impact fee eligible and the applicant can be reimbursed for the costs associated with the construction of the third lane. Exhibit B • 7.1.3 Construct a 7-foot attached (or 5-foot detached) concrete sidewalk on Fairview Avenue abutting the site. 7.1.4 Enter into a cooperative agreement with the District to dedicate the full right-of--way and construct Pine Avenue through the site, from Eagle Road to Nola Road, as a complete 5-lane roadway. This roadway shall be constructed as a standard 72-foot street section with vertical curb, gutter, and 7-foot attached concrete sidewalks (or 5-foot detached) within 96-feet of right- of-way. The complete 5-lane roadway with vertical curb and gutter are impact fee eligible improvements. The applicant is responsible for the cost designing and constructing the sidewalk and any landscaping improvements. 7.1.5 Construct Pine Avenue at its intersection with Eagle Road as a 7-lane roadway section to mirror the east leg of the intersection, in accordance with the submitted traffic impact study. Reconstruct the north side of Pine Avenue abutting the Blue Cross site to achieve the mirroring of the east leg, this will involve re-location of the existing curb, gutter, and sidewalk approximately 5 to 7-feet to the north. 7.1.6 Dedicate sufficient right-of--way and construct a separate right-turn lane on the eastbound Pine Avenue approach to Eagle Road. 7.1.7 Design, construct, and install a signal at the intersection of Pine Avenue and Hickory Avenue. Install the conduit and poles at the time of construction. When the signal meets traffic warrants the District will install the mast arms and signal heads. The applicant is responsible for all costs associated with the design and construction of the signal and shall pay for the cost of all of the signal equipment at the time the poles are installed. 7.1.8 Extend and construct Hickory Avenue south of Pine Avenue to intersect Commercial Court. Hickory Avenue shall be constructed as a commercial roadway (40-foot street section with vertical curb, gutter, and 5-foot concrete sidewalk) within 54-feet ofright-of--way. 7.1.9 Construct one collector roadway, Shellbrook Street, to intersect Locust Grove Road centered between the existing Shellbrook Street and Buchman Street on the west side of Locust Grove Road to create a T-type intersection. Construct Shellbrook Street as a standard 46-foot collector street section with vertical curb, gutter, and 5-foot detached (or 7-foot attached) concrete sidewalk. Re-design the large extended center island within Shellbrook Street to more clearly direct the public traffic; with the re-design there shall no longer be a public street on the northern side of the island. Coordinate the design with District Planning Review and Traffic Services staff. 7.1.10 Comply with the District's Interim Policy for converting private roadways to public standards if Commercial Court is intended to be converted to a public roadway. 7.1.11 Submit a detailed analysis of the proposed roundabouts for the State Street/Pinebridge Avenue and and the Pinebridge Avenue/Pine Avenue intersections prior to design and construction of the intersections or signature of a final plat. If the staff review of the analysis determines that a roundabout is not appropriate, further analysis will be required to determine the appropriate intersection control. 7.1.12 Construct State Avenue, Webb Avenue, Machine Avenue, and Wilson Lane as 40-foot commercial roadways within 54-feet ofright-of--way complete with vertical curb, gutter and 5- foot concrete sidewalk. 7.1.13 Construct Pinebridge Avenue to intersect Fairview Avenue in alignment with the main driveway for Oakbrook Plaza on the north side of Fairview Avenue, approximately 265-feet west of the original proposal. Construct the roadway as a collector roadway with a standard 46-foot street section with vertical curb, gutter, and 7-foot attached sidewalks within 70-feet ofright-of--way. Provide 21-foot street sections on either side of the proposed center landscape islands. Exhibit B 7.1.14 Construct two right-in/right-out only curb-return type driveways on Fairview Avenue, one located at the east property line and one located at the west property line. Install a 6-inch raised concrete median on Fairview Avenue to prevent the left-in/left-out turning movements for these driveways. 7.1.15 Construct the following curb return type driveways on Pine Avenue • Aright-in/right-out driveway located a minimum of 250-feet west of Eagle Road (measured near edge to near edge). Shift this access if it is located within the required right-turn lane of the intersection. • Afull-access driveway in alignment with Rosario Street. • Afull-access driveway on the south side of Pine centered between the Pinebridge/Pine roundabout and the Pine/Newbridge intersection. • Afull-access driveway on the south side of Pine centered between the Nola/Pine intersection and the Pine/Pinebridge roundabout. • A full access driveway on the north side of Pine in alignment with Machine Avenue. • A full access driveway on the north side of Pine in alignment with Newbridge Place. 7.1.16 Construct driveways on the following roadways in accordance with District policy: • Pinebridge Avenue • Shellbrook Street • E. State Avenue • Webb Avenue • Machine Avenue • Wilson Lane 7.1.17 Extend one stub street from the east (E. State Street) and two from the south (Webb Avenue and Machine Avenue). 7.1.18 Construct one new stub street to the west (Wilson Lane). Provide a temporary turnaround at the terminus of this stub street and install a sign stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 7.1.19 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of--way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that 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. Exhibit B ~ ! 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spaze or filled) aze compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they aze in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. CENTRAL DISTRICT HEALTH DEPARTMENT 8.1 We have no objections to this proposal. Exhibit B C. Legal Description & Exhibit Map DESCRIPTION FOR PINEBRIDGE OVERALL PARCEL December 26, 2006 A PARCEL OF LAND BEING PORTIONS OF THE NW'/e, THE NORTH HALF OF THESE Y4 AND THE NORTH HALF OF THE SW'/, OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 8, T. 3 N., R. 1 E., B.M., ADA COUNTY, IDAHO, THENCE N 89°34'33" E 1591.59 FEET ALONG THE NORTH LINE OF SAID SECTION 8 TO A POINT; THENCE S 00°05'54" W 40.76 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF FAIRVIEW AVENUE, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 89°59'07" E 867.33 FEET ALONG SAID SOUTHERLY RIGHT OF WAY TO A POINT; THENCE S 00°04'24" W 1102.70 FEET TO A POINT; THENCE N 89°36'25" E 193.77 FEET TO A POINT ON THE EAST LINE OF THE NW'/ OF SAID SECTION 8; THENCE S 00°04'01" W 1502.84 FEET TO THE SOUTHEAST CORNER OF THE NW '/ OF SAID SECTION 8; THENCE S 00°05'17" W 45.00 FEET ALONG THE WEST LINE OF THE SE'/< TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF PINE AVENUE; ALONG THE SOUTHERLY RIGHT OF WAY OF PINE AVENUE THE FOLLOWING: THENCE N 89°39'03" E 330.64 FEET TO A POINT OF CURVATURE; THENCE 164.20 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 444.28 FEET, A DELTA ANGLE OF 21°10'34", A TANGENT OF 83.05 FEET AND A CHORD BEARING OF N 79°03'46" E 163.27 FEET TO A POINT OF TANGENCEY; 19642-OVERALLPARCEL. Exhibit C THENCE N 00°20'57" W 15.00 FEET TO A POINT; THENCE N 89°39'03" E 1683.48 FEET TO A POINT; THENCE S 00°20'57" E 33.00 FEET TO A POINT; THENCE N 89°39'03° E 353.77 FEET TO A POINT; THENCE S 44°22'51" E 22.68 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF EAGLE ROAD; LEAVING SAID SOUTHERLY RIGHT OF WAY OF PINE AVENUE AND ALONG THE WESTERLY RIGHT OF WAY OF EAGLE ROAD THE FOLLOWING: THENCE S 01°02'07" W 770.98 FEET TO A POINT; THENCE S 71°10'34" W 74.43 FEET TO A POINT; THENCE S 01°02'07" W 50.00 FEET TO A POINT; THENCE S 69°31'00" E 13.77 FEET TO A POINT; LEAVING SAID WESTERLY RIGHT OF WAY OF EAGLE ROAD: THENCE N 88°55'23" W 2423.39 FEET TO A POINT; THENCE N 00°05'17" E 97.08 FEET TO A POINT; THENCE N 89°55'00" W 13.46 FEET TO A POINT; THENCE N 44°54'55" W 42.49 FEET TO A POINT; THENCE N 00°05'17" E 48.11 FEET TO A POINT; THENCE N 89°55'00" W 6.50 FEET TO A POINT ON THE WEST LINE OF THE SE'/ OF SAID SECTION 8; THENCE N 00°05'17" E 0.31 FEET TO A POINT; THENCE S 89°38'12" W 1329.04 FEET TO A POINT; THENCE N 00°01'11" E 331.21 FEET TO A POINT; THENCE S 89°38'43" W 657.47 FEET TO A POINT; 19642-OVERALLPARCEL Exhibit C ~ o THENCE N 00°00'36" E 331.45 FEET TO A POINT ON THE SOUTH LANE OF THE NW'/<OF SAID SECTION 8; THENCE N 89°38'58" E 25.01 FEET TO A POINT; THENCE N 00°00'36" E 810.68 FEET TO A POINT; THENCE N 89°59'33" W 662.38 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY OF LOCUST GROVE ROAD; THENCE N 00°00'16" E 670.41 FEET ALONG SAID RIGHT OF WAY TO A POl NT; THENCE S 89°59'39" E 483.27 FEET TO A POINT; THENCE S 55°51'09" E 314.44 FEET TO A POINT; THENCE S 65°46'37" E 588.99 FEET TO A POINT; THENCE S 68°24'37" E 195.54 FEET TO A POINT; THENCE N 00°09'39" E 1189.46 FEET TO A POINT; THENCE N 89°53'28" E 100.03 FEET TO A POINT; THENCE N 00°05'54" E 435.78 FEET TO THE REAL POINT OF BEGINNING. SAID PARCEL CONTAINING 169.80 ACRES MORE OR LESS. THIS PARCEL IS SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY. MICHAEL E. MARKS, PLS N0.4998 REVI aPP fiV#.!° BY _ . F MERIDIAN PlJBLIC WORKS DEPT. 19642-OVERALLPARCEL Exhibit C ~ o Z 0 U O a O V S 89'34'33" W. .2652.58'. O6 05 N 89'34'33" E FAIRVIEW AVENUE 7061.36' 05 07 08 - - ~ 591.59' - - - - S89°59'07"E 867.33 ~8. S00'05'S4"W w Nw SECTION CORNER SECB 40.76' ~ ~ I CP&Fx9387309 ~ n p M " EXHIBIT "B" °~' I'~ O ~ I p C1I Ia Z • ~ N89°53'28"E 100.03' i° ~ I v ~ ~ I~ p cv I DYE AP RLiVAL I ~ ~ I c~v to • I~ I°o I •• v7 25.00' McR7DIAld i':=Bi.iC S89°59'39°E S WCRKS ~~~T. w r • ~ 483.27' 3ssj~ ,~,~ N89°36'25"E °I o ~Qg~9F l0 193.77' I y ~ S6S 4 I o o I I~ 588 9 3~•F z t,.i m- I ~ 9 p i.w D COI O o o z N89'59'33"W OVERALL PARCEL ~ ( o z 662.38' 7,396,686 sq.ft. ~ _ ' 25.00' 568°24'37"E 195.54' 169.80 acres o I w 0 co ~ o • I ^ ol~ . ~ ol~ I . I z I N 89'38'58" E 25.01' 2649.67' CENTER 1/4 CORNER ~ 490.79' 07 -_.__ -...__---_.---. wt/4 CORNER b62.30' ~ ~ 7962.36' S00'05'17"W 330.64 ~ SECTION 8 _ CP&F x702003706 ~ ~ 45.00' p o O r'7 °o ~' °o ~' S89°38'43"W ~ ' ,`", °o ~ z 657.47' w N I ^ N ~ tp z ~ -' 07 08 o r%~ N00'05'17°E °o M S89°38'12"W 1329.04' 0.31 1817 z -- -- REvisioNS PINEBRIDGE OVERALL PARCEL LEGAL Stanley Consultants ~. i DESCRIPTION EXHIBIT 7sao S. BONITO WAY LOCATED IN SECTION 8, T.3 N., R.1 E., B.M. SUITE 1ao MERIDIAN, ADA COUNTY, IDAHO MER'DiAN, IDAHO 83642 208-288-0573 DRAWN: MEM DATE: 12/15/D6 SCALE: 1=400 JOB N0. 79642 Exhibit C 05 o O~ ~ o ° ~ Sri 'N 89'36'25"E 193.77' I ~I N w O ' ~ o 0 w v O I ry N 0 ~ v ~Iz - ~I ~ ~ o z 0 0 0 0 N 2 d U. O n 0 CURVE TABLE CURVE LENGTH RADIUS DELTA TANGENT CHORD BEARING CHORD C1 164.20' 444.28' 21'10'34" 83.05' S 79'03'46" W 163.27' N N I I 0 0 la ~ w Z ~ o I S00°05'17"W I a 45.00' W ~ 5 89'39'03" W 2615.02' '- PINE AVENUE w 490.79' 440.75' 08 09 F, 330.64' C1 L5 1683.48' L4 353.77' 't/a S44°22'S1'E "' N 22.68' -~ a M ~ N OVERALL PARCEL ^ol °O~ I 7,396,686 s ft. N ~ ~ ^' N00'OS'17"E 169.80 acres °I ~ ° • 48.11' S71'10'34"W L3 L2 74.4 ~ SO1 °02'07"W o I 1 _ _ N88°55'23"W 50.00' I o w ~ ~ 2423.39 ` ' ~ ~ o ^lo N00°05'17" S69°31'00"E MI cn o N 9 7.08' 13.77' °a° . o ~ S 88'57'53" E ~ 127.02' 08'09 REVISIONS PINEBRIDGE OVERALL PARCEL LEGAL Stanley Consultants ~~ DESCRIPTION EXHIBIT 194o s. eoN~ro war LOCATED IN SECTION 8, T.3 N., R.1 E., B.M. suITE 140 MERIDIAN, ADA COUNTY, IDAHO MERIDIAN, IDAHO 83642 208-288-0573 DRAWN: MEM DATE: 12/15/06 SCALE: 1=400 JOB N0. 19642 EXHIBIT "C" __S 89'ST11" W 7644.03' FAIRVIEW AVENUE 05 04 08 09 a LWE TABLE LINE LENGTH BEARING L-1 13.46 N89°55'00"W L-2 42.49 N44°54'55"W L-3 L-4 6.50 33.OG N89°55'00"W S00'20'S7"E L-5 15.00 N00'20'S7"W Exhibit C DESCRIPTION FOR PINEBRIDGE ANNEXATION PARCEL 1 December 26, 2006 A PARCEL OF LAND BEING A PORTION OF THE NW'/, OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 8, T. 3 N., R. 1 E., B.M., ADA COUNTY, IDAHO, THENCE N 89°34'33" E 1591.59 FEET ALONG THE NORTH LINE OF SAID SECTION 8 TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 89°34'33" E 191.60 FEET ALONG SAID NORTH LINE TO A POINT; THENCE S 00°02'34" W 325.02 FEET TO A POINT; THENCE N 89°34'33" E 95.00 FEET TO A POINT; THENCE N 00°02'34" E 325.02 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 8; THENCE N 89°34'33" E 580.75 FEET ALONG SAID NORTH LINE TO A POINT; THENCE S 00°04'24" W 1150.10 FEET TO A POINT; THENCE N 89°36'25" E 193.77 FEET TO A POINT ON THE EAST LINE OF THE NW'/ OF SAID SECTION 8; THENCE S 00°04'01" W 622.51 FEET ALONG SAID EAST LINE TO A POINT; THENCE S 88°13'39" W 847.84 FEET TO A POINT; THENCE N 68°24'37" W 321.74 FEET TO A POINT; THENCE S 00°02'44" E 829.49 FEET TO A POINT; THENCE S 89°38'58" W 817.40 FEET TO A POINT; THENCE N 00°00'36" E 660.67 FEET TO A POINT; 19642-ANNEXATION PARCEL 1 Exhibit C THENCE N 89°59'33" W 687.38 FEET TO A POINT ON THE WEST LINE OF THE NW '/ OF SAID SECTION 8; THENCE N 00°00'16" E 670.41 FEET ALONG SAID WEST LINE TO A POINT; THENCE S 89°59'39" E 508.27 FEET TO A POINT; THENCE S 55°51'09" E 314.44 FEET TO A POINT; THENCE S 65°46'37" E 588.99 FEET TO A POINT; THENCE S 68°24'37" E 195.54 FEET TO A POINT; THENCE N 00°09'39" E 1189.46 FEET TO A POINT; THENCE N 89°53'28° E 100.03 FEET TO A POINT; THENCE N 00°05'54" E 476.54 FEET TO THE REAL POINT OF BEGINNING. SAID PARCEL CONTAINING 69.47 ACRES MORE OR LESS. THIS PARCEL IS SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY. ,~~~ PPROVa~. ~~--- h4 v4d`p~KS DEPT• C MICHAEL E. MARKS, PLS N0.4998 19642-ANNEXATION PARCEL 1 Exhibit C EXHIBIT "B" 05 I I~ N .~ I ~ ml o~ ~I N S 89'34'33" W 2652.58' 1/4 CORNER FAIRVIEW AVENUE_ _ 05 - ~ - 1591.59' - ~ 191 60' 580 75' ie3.sa' 8 508.27' A a 1 ~r O Ip OI ~ N89~59'33"W ~ 687.38' 0 W ~ ~ 01 O a o• ~ z) N 89'38'58" 687.3i' w 3N d. o i° ~ - N N00'D2'34"E o ~ "' 325.02 00 ~ 1 0 z ~ N89'34'34"E 1 NoI 95.00 ~ `D ~ O N .- N89'S3'28"E o ~ 100.03 0 ~ o o ~ 1 ~I ANNEXATION PARCEL 1 1 N w I M ~ 3,025,929 sq.ft. o ~; 69.46 acres O ~ O Z ~ N89'36'25"E I 193.77' 3 ol,~ ~~ f o N ~ ol~ O ~ w 0 B 32j )~ ~4Y 58813'`9"W a 847.84' ~ M O o Z ~ ~ o °D ' NI° kEUI P ROYAL I `OIN BY A ~ f*1 ~ A I MWORKSDERT.~C I "w z N Z O ~ REVisioNS PINEBRIDGE ANNEXATION PARCEL ONE (1) Stanley Consultants ~. D LEGAL DESCRIPTION EXHIBIT 1940 S. BONITO WAY LOCATED IN SECTION 8, T.3 N. R.1 E., B.M. suITE X40 MERIDIAN, ADA COUNTY ~ IDAHO MERIDIAN, IDAHO 83642 a ~ 208-286-0573 RAWN: MEM DATE: 12/15/06 SCALE: NTS JOB N0. 19642 Exhibit C S68'24'37"E 195.54' DESCRIPTION FOR PINEBRIDGE ANNEXATION PARCEL 2 December 26, 2006 A PARCEL OF LAND BEING A PORTION OF THE SW'/< OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SW'/ OF SECTION 8 (WEST'/ CORNER}, T. 3 N., R. 1 E., B.M., ADA COUNTY, IDAHO, THENCE N 89°38'58" E 662.30 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 89°38'58" E 1987.37 FEET TO THE NORTHEAST CORNER OF THE SW'/e (CENTER'/< CORNER) OF SAID SECTION 8; THENCE S 00°05'17° W 662.33 FEET ALONG THE EAST LINE OF SAID SW'/e TO A POINT; THENCE S 89°38'12" W 1329.06 FEET TO A POINT; THENCE N 00°01'11" E 331.21 FEET TO A POINT; THENCE S 89°38'43" W 657.47 FEET TO A POINT; THENCE N 00°00'36° E 331.45 FEET TO THE REAL POINT OF BEGINNING. SAID PARCEL CONTAINING 25.22 ACRES MORE OR LESS. THIS PARCEL iS SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY. 19642-ANNEXATION PARCEL 2 t~v via P~~.~H A ~'^kKS DEar y Exhibit C EXHIBIT "C" oa os FAIRVIEW AVENUE ,'/a_coRN~rs 07 OB _- S 89'34'33° W 2652.58' •'~;~' o ~ o r 0 n O A vii ~ I ANNEXATION I `{ I "' PARCEL 1 I"' ~ 1 I o- ~l .Z7 ~ I m W o 07 Og _ _ 2649.67' CENTER 1~4 Z 1967.37' .r .... w ~ o ~ ~ ~ °~' pa N 8 °m m sas'3a'a3-w ANNEXATION PARCEL 2 m N as7.ai• 1,098,607 sq.ft. w o W g 25.22 acres r ~a N 0 m D 569'38'72°W p I"'--- - -- . . 1329.04' rn ~+ N'A LAYNE INDUSTRIAL PARK $ w FYEV+ CVkL z 0 U O a 0 J."rNc .t'ir=FT REVISIONS PINEBRIDGE ANNEXATION PARCEL TWO (2) Stanley Consultants tN~ LEGAL EXHIBIT 194D S. BONITO WAY LOCATED 1N SECTION 8, T.3 N., R.1 E., B.M. SUITE 140 MERIDIAN, ADA COUNTY, IDAHO MERIDIAN, IDAHO 83642 208-288-0573 DRAWN: MEM DATE: 12/15/06 SCALE: 1" =400' JOB N0. 19642 Exhibit C • • DESCRIPTION FOR PINEBRIDGE REZONE PARCEL 1 December 26, 2006 A PARCEL OF LAND BEING A PORTION OF THE SE'/4 OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SE'/. (EAST CORNER) OF SECTION 8, T. 3 N., R. 1 E., B.M., ADA COUNTY, IDAHO, THENCE S 89°39'03" W 440.75 FEET ALONG THE NORTH LINE OF THE SE '/ TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 00°20'57" E 33.00 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF PINE AVENUE; THENCE N 89°39'03" E 353.77 FEET ALONG SAID SOUTHERLY RIGHT OF WAY TO A POINT; THENCE S 44°22'51 ° E 22.68 FEET TO A P01NT ON THE WESTERLY RIGHT OF WAY OF EAGLE ROAD; ALONG THE WESTERLY RIGHT OF WAY OF EAGLE ROAD THE FOLLOWING: THENCE S 01°02'07" W 770.98 FEET TO A POINT; THENCE S 71°10'34° W 74.43 FEET TO A POINT; THENCE S 01°02'07" W 50.00 FEET TO A POINT; THENCE S 69°31'00" E 13.77 FEET TO A POINT; LEAVING SAID WESTERLY RIGHT OF WAY OF EAGLE ROAD: THENCE N 88°55'23" W 2423.39 FEET TO A POINT; THENCE N 00°05'17° E 97.08 FEET TO A POINT; THENCE N 89°55'00" W 13.46 FEET TO A POINT; 19642-REZONE PARCEL 1 Exhibit D ! • THENCE N 44°54'55" W 42.49 FEET TO A POINT; THENCE N 00°05'17" E 48.11 FEET TO A POINT; THENCE N 89°55'00" W 6.50 FEET TO A POINT ON THE WEST LINE OF THE SE'/< OF SAID SECTION 8; THENCE N 00°05'17" E 617.64 FEET ALONG SAID WEST LINE TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF PINE AVENUE; ALONG THE SOUTHERLY RIGHT OF WAY OF PINE AVENUE THE FOLLOWING: THENCE N 89°39'03" E 330.64 FEET TO A POINT OF CURVATURE; THENCE 164.20 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 444.28 FEET, A DELTA ANGLE OF 21°10'34", A TANGENT OF 83.05 FEET AND A CHORD BEARING OF N 79°03'46° E 163.27 FEET TO A POINT ON A CURVE; THENCE N 00°20'57" W 15.00 FEET TO A POINT; THENCE N 89°39'03° E 1683.48 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. SAID PARCEL CONTAINING 49.64 ACRES MORE OR LESS. THIS PARCEL IS SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY. REVIEW R~wHL r.y ~,n'_Rit~lv.f. fLeLIG ~~`. G+KC ~_FT. 19642-REZONE PARCEL 1 Exhibit D • EXHIBIT "B" CENTER 1/4 CORNER PINE AVENUE 1/4 CORNER N 89'39'03" E 2615.02' 440.75' 08 09 4 0 48 ~ 1683 330.64' . 353.77' N 89'39'03" E C1 N00'20'S7"W N 89'39'03" E 15.00 S0 0'20'S7"E S 44'22'51"E I coo 33.00' 22.68' 3 I ~~ REZONE PARCEL 1 4- 0~~ .on 2,162,334 sq.ft. o'° l o o 0 w L3 N00'05'17"E 49.64 ocres o " °' 48 11' S71'30'34"W y I N o . LL1 74.43' z N00'OS'17"E S01'02'07"W 97.08 ~ ~88'S5'23" W i ~ 50.00' I ' i _ ~~ 2423.39' ~ ~~ ~ 6'31'00" 0 o 13.77' ~ °' O ~ ~ S 88'57'53" E a ~ ~ 127.02' I w N 1/16 CORNER i~ I 3 M 00 ~ 7~ O ~ N O nEl~lE FF GYr.; , ~ ~ 08 FRANKLIN ROAD 5 89'39'17" W 08 09 h^eRiG~AIv FUl3LIC ' ~ t ~~FKSGEV7. 1/4 CORNER 2570.96' 17 1 6 LINE TABLE LINE LENGTH BEARING L-1 13.46 N89'55'00"W L-2 42.49 N44'S4'S5"W L-3 6.50 N89'S5'00"W z 0 " REVISIONS O M 0 a CURVE TABLE CURVE LENGTH RADIUS DELTA TANGENT CHORD BEARING CHORD C1 164.20' 444,28' 21'10'34" 83.05' S 79'03'46" W 163.27' PINEBRIDGE REZONING PARCEL (1) LEGAL DESCRIPTION EXHIBIT LOCATED IN SECTION $, T.3 N., R.1 E., B.M. MERIDIAN, ADA COUNTY, IDAHO MEM DATE: 12/15/06 ~ SCALE: 1=400 Stanley Consultants 1940 S. BONITO WAY SUITE 140 MERIDIAN, IDAHO 83642 208-288-0573 JOB N0. 19642 Exhibit D DESCRIPTION FOR PINEBRIDGE REZONE PARCEL 2 December 26, 2006 A PARCEL OF LAND BEING A PORTION OF THE NW'/., OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NW '/ OF SECTION 8 (WEST'/. CORNER), T. 3 N., R. 1 E., B.M., ADA COUNTY, IDAHO, THENCE N 89°38'58" E 687.31 FEET ALONG THE SOUTH LINE OF THE NW '/ TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 00°00'36" E 150.00 FEET TO A POINT; THENCE N 89°38'58" E 817.40 FEET TO A POINT; THENCE N 00°02'44° W 829.49 FEET TO A POINT; THENCE S 68°24'37° E 321.74 FEET TO A POINT; THENCE N $8°13'39" E 847.84 FEET TO A POINT ON TWE EAST LINE OF SAID NW'/~; THENCE S 00°04'01° W $$0.32 FEET TO THE SOUTHEAST CORNER OF SAID NW'/.; THENCE S 89°38'58° W 1962.36 FEET TO THE REAL POINT OF BEGINNING. SAID PARCEL CONTAINING 26.03 ACRES MORE OR LESS. THIS PARCEL IS SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY. REVI AP VAL 6Y MERIDIAN PUBLiG WORKS DEPT. 19642-REZONE PARCEL Z Exhibit D EXHIBIT "C;'' 08 os ~ FAIRVIEW AVENUE ~ 05 0708 ~ t/4 CORNER r ~ I 56824 3 . -i ~ 327,4 ~F N88'13'39"E ~ 847.84' 0 < . m Z ~ I ool°o Dv cNO n°~_ ~ N z tO-I~ REZONE PARCEL 2 0~0 I ~ o ~ 1,133,930 sq.ft. N~; o $ 26.03 acres ~ o ~,; o_ rn ri N89'38'58°E PINE 817.40' 07 08 AVENUE _ S89'38'S8"W CENTER ~/a coRNER w 1962.36' ~ _ N89'38'S8"E 687.31' (REVISIONS z 0 iv O n a 0 PINEBRIDGE REZONING PARCEL (2) LEGAL DESCRIPTION EXHIBIT LOCATED IN SECTION 8, T.3 N., R.1 E., B.M. MERIDIAN, ADA COUNTY, IDAHO Stanley Consultants .NC. 1940 S. BONITO WAY SUITE 140 MERIDIAN, IDAHO 83642 208-288-0573 DRAWN: MEM (DATE: 12/26/06 ~ SCAlE: 1=400 I JOB N0. 19642 Exhibit D D. Required Findings from Unified Development Code 1. Annexation and Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to C-G. The City Council fmds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; If the applicant enters into a development agreement with the city, the City Council finds that future development of this property will comply with the established regulations and purpose statement of the C-G zone. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning map amendment will not be detriments] to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment should not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-SB-3.E). If the applicant enters into a development agreement with the City, the City Council finds that the annexation of this property is in the best interest of the City as it meets the intent of the Comprehensive Plan. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council fmds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. Staff generally supports the proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. Public services are available or can be made available and are adequate to accommodate the proposed development; Exhibit D • The City Council finds that public services can be made available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, the City Council fords that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACHD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. f. The development preserves significant natural, scenic or historic features. Staff is unaware of any natural or scenic features on this site. However, there are several old structures located at the corner of Nola and Pine that may be classified as historical structures. The City Council finds that the Applicant should meet with the Historic Preservation Commission to determine if these structures should be preserved. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. 3. Variance Findings: The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-5B-4.E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: a. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: In addition to Pine Avenue/Street, the applicant is proposing to use two other access points to Eagle Road. If the City Council grants the two proposed access points on Eagle Road/SH55, it would grant a right that is currently prohibited not only in the C-G zone but for all new development adjacent to state highways. Several public access points are available to this site from N. Locust Grove Road and E. Fairview Avenue and an access point via E. Pine Avenue already exists to SH 55. Therefore, Staff does not find that the request is consistent with UDC 11-SB-4E-1 and this finding does not apply to the subject property. However, the City Council does find Exhibit D i that the Applicant's request is consistent with UDC 11-SB-4E1 and approves the access point to Eagle Road from Commercial Street. (Note: The applicant withdrew the Variance request for the proposed access point to Eagle located between Commercial and Pine.) b. The variance relieves an undue hardship because of characteristics of the site; Council finds that the location of this site, being on a major arterial, justifies an access point being constructed to Eagle Road/SH 55. c. The variance shall not be detrimental to the public health, safety, and welfare. It is important to limit access points on major roads such as highways, as their main function is to move traffic over longer distances at higher speeds. This means separating access points on said roads so that turning movements occur at fewer locations. Frequent access points do increase congestion. And as traffic congestion increases, so does the likelihood of traffic conflict and the potential for accidents. Council fmds that granting the proposed access point to Eagle from Commercial will not be detrimental to the public health, safety, and welfare and is approved. NOTE: The applicant withdrew the Variance request for an access point to Eagle Road proposed between Commercial and Pine. Exhibit D • • November 2, 2007 RZ 07-010 MERIDIAN CITY COUNCIL MEETING November 7, 2007 APPLICANT Stanley Consultants ITEM NO. 5-H REQUEST Findings for Approval -Request for a Rezone of 75.67 acres from I-Land L-4 zones to a C-G zone for Pinebridge -south of East Fairview. Avenue, east of North Locust Grove Road and west of North Eagle Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See aHached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubpc meetings shall become properly of fhe CHy of Meridian. -, ~ -. _ ~. ~:~a~,] Q ~3r l~j`3:d`~3~1Ti3 Ci~~~r Cl~r~s C~~~ CITY OF MERIDIAN E IDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND ~ ®~` DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 94.69 acres from Rl and RUT (Ada County) to C-G (General Retail & Service Commercial) District; Rezone of 75.67 acres from I-L (Light Industrial) District to C-G (General Retail & Service Commercial) District; Preliminary Plat of 61 building lots and 21 common lots on 170 +/- acres; and Variance for two access points to N. Eagle Road, by Stanley Consultants. Case No(s). AZ-07-006, RZ'07-010, PP-07-008, and VAR-07-007 For the City Council Hearing Date of: October 16, and 23, 2007 (Findings on the November 7, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 23, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 23, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 23, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 23, 2007, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 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-07-006, RZ-07-010, PP-07-008, VAR-07-007 -1- • 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Descriptions, Preliminary Plat, Conditions of Approval, and Development Agreement provisions, all in the attached Staff Report for the hearing date of October 23, 2007, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The Applicant's Annexation and Zoning request, as evidenced by having submitted the legal description and exhibit map, stamped and dated February 5, 2007, by Michael Marks, PLS, is hereby conditionally approved; 2. A Development Agreement is required with approval of the subject Annexation & Zoning application and shall include the provisions noted in the attached Staff Report for the hearing date of October 23, 2007, incorporated by reference; 3. The Applicant's Rezone request, as evidenced by having submitted the legal description and exhibit map, stamped and dated February 5, 2007, by Michael Marks, PLS, is hereby conditionally approved; 4. The Applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated 3/5/07 is hereby conditionally approved; and, 5. The Applicant's Variance request for an access point to Eagle Road1SH 55 from Commercial Street is hereby approved; 6. The Applicant withdrew the Variance request for an access point to Eagle Road proposed between Commercial Street & Pine Avenue; and 7. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of October 23, 2007, incorporated by reference. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-006, RZ-07-010, PP-07-008, VAR-07-007 -2- • D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 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 the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of October 23, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-006, RZ-07-010, PP-07-008, VAR-07-007 -3- • By ac ion of the City Council at its regular meeting held on the ~ ~~ day of 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED ~a~ COUNCIL MEMBER JOE BORTON VOTED_Zy~G!'`' COUNCIL MEMBER CHARLIE ROUNTREE VOTED_ C~~~ COUNCIL MEMBER KEITH BIRD VOTED ~5~ TIE BREAKER ~. MAYOR TAMMY de WEERD VOTED MAYOR T de WEERD ~~ ATTEST: .~``' ~ 6~.~Q``r; e W LIAM G. BERG, JR., C C RK ~~`j~ ~~ ~ ~ / ~i~i~i~®~ T. 1 ~•~ ~ S~ ``yea Copy served upon: '~/ Applicant '~, ~' ~~~` ~ Planning Departm'~trn~„ ~~~~~~``~~ Public Works Department City Attorney By: ~(~.h(~l_.f Yl~4A~ Dated: ~ ~- ~ ~}°U~7 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-006, RZ-07-010, PP-07-008, VAR-07-007 -4- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF OCTOBER 23, 2007 STAFF REPORT HEARING DATE: October 23, 2007 (Continued from September 18, October 2, and October 16, 2007) TO: Mayor & City Council FROM: Sonya Wafters, Associate City Planner E IDIAN~~ (208) 884-5533 B~~H® SUBJECT: Pinebridge • AZ-07-006 Annexation and Zoning of 94.69 acres from Rl and RUT (Ada County) to C- G (General Retail & Service Commercial) District • RZ-07-010 Rezone of 75.67 acres from I-L (Light Industrial) District to C-G (General Retail & Service Commercial) District • PP-07-008 Preliminary Plat of 61 building lots and 21 common lots on 170 +/- acres • VAR-07-007 Variance for two access points to N. Eagle Road 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Stanley Consultants, has applied for Annexation and Zoning (AZ) of 94.69 acres from Rl and RUT (Ada County Zones) to C-G (General Retail and Service Commercial) District; Rezone (RZ) of 75.67 acres from I-L (Light Industrial) District to C-G Zone; Preliminary Plat (PP) consisting of 61 commercial building lots and 21 common lots on 170 +/- acres; and a Variance (VAR) for two access points to N. Eagle Road. As part of the AZ & RZ applications, the applicant has submitted a conceptual site plan showing the proposed uses and layout of the development along with conceptual building elevations of some of the proposed buildings. The Pinebridge development is proposed to consist of approximately 3,000,000 square feet of commercial, light office, and multi-family residential uses and a medical campus. Buildable lots for the proposed subdivision range in size from 0.43 of an acre to 13.62 acres. The proposed development will also result in the extension of E. Pine Avenue between Locust Grove and Eagle Road, which will serve as the primary east/west connection for the proposed development. The proposed Pinebridge Avenue will serve as the primary north/south connection between Fairview Avenue and Pine Avenue. Two roundabouts are proposed for Pinebridge Avenue and Pine Avenue; one is proposed for the intersection of Pine Avenue and Webb Avenue and a second one is proposed for the intersection of Pinebridge Avenue and E. State Avenue. Across-access agreement(s) will be provided for the development to allow for shared parking. A Variance is requested for two access points to Eagle Road; the first access request is for the continued use of an existing access point on Commercial Street that has been used by Elixir, and the second request is for a new access point which will be located on Eagle Road halfway between Pine and Commercial. The VAR for access points are required due to a change in use of the property and because the locations proposed do not comply with the spacing requirements of the UDC. The overall site consists of approximately 170 acres and is located on the south side of E. Fairview Avenue, on the east side of N. Locust Grove Road, on the west side of N. Eagle Road, and on the Pinebridge AZ RZ PP VAR PAGE 1 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF OCTOBER 23, 2007 north side of E. Commercial Street. The subject property is within the City's Area of Impact and the Urban Service Planning Area. Part of the subject property, 75 acres, is already annexed into the City. The remainder, 95 acres is still zoned in the County. 2. SUNIlVIARY RECOMMENDATION The subject applications (AZ, RZ, PP, & VAR) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning, Rezone, Preliminary Plat, and Variance applications. Staff is recommending approval of the proposed AZ, RZ, & PP applications but is recommending denial of the VAR request per the conditions listed in Exhibit B of the Staff Report, based on the Findings in Exhibit D of this report. (The Commission is not required to make a recommendation to City Council on the Variance request.) The Meridian Planning & Toning Commission heard these items on Mav 17, June 21. July 19, and August 16, 2007. At the public hearing on August 16, 2007 they moved to recommend approval to the City Council of the subject AZ, RZ. and PP request. a. Summary of Commission Public Hearing: i. In favor: Dan Torfin, DMB Investments: Jack Cortabitarte ii. In opposition: None iii. Commenting• None iv. Written testimony: None v. Staff presenting application: Sonya Wafters vi. Other staff commenting on application: Caleb Hood ]a, Kev Issue(s) of Discussion by Commission: i. The timeline of the extension of Pine Avenue to Locust Grove Road; ii. The existence of historical structures on the property and what the Applicant intends on doing with them: iii. The location of the 10-foot wide multi-use pathway reauired by the Master Pathways Plan through the site; iv. The reauirement for a final plat to be signed prior to issuance of any occupancy permits on the site: v. Requiring the Applicant to provide cross-access to adiacent industrial properties• ~. _Kev Commission Change(s) to Staff Recommendation: i. Add a condition that Pine Avenue be extended to Locust Grove Road prior to issuance of any Certificate of Zoning Compliances for buildings that would require access from Pine Avenue; ii. Modify condition 1.1.3 in Exhibit B, regarding structures being built adiacent to roadways with parking to the rear and sides of the structures, to the "maiority" of parking to the rear and sides of the structures. iii. Modify condition 1.2.6 in Exhibit B, regarding cross-access and driveway stubs. to not require cross-access to the Elliott Group and H2NR parcels but require emergency access to be provided to the H2NR parcel at the southeast corner: still require cross-access to the Cortabitarte and Belair parcels; iv. On condition 2.14 in Exhibit B, include the provisions of the UDC that allow for the possibility of a waiver for the requirement of covering waterways that cross the property. v. Strike condition 4.3 in Exhibit B, which limits shrubs and bushes to species that do not exceed 2 feet in height, to allow these issues to be reviewed on a case by case basis by Staff through the Certificate of Zoning Compliance process; Pinebridge AZ RZ PP VAR PAGE 2 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 vi. Modify condition 4.6 in Exhibit B, which restricts the Pinebridge/Fairview intersection access point to a right-in/right-out only, to require that the design of this intersection be subiect to ACRD approval; si, Outstanding Issue(s) for City Council: i. Historic Preservation Commission should provide a recommendation to the City Council regarding the historic structures on the site; Applicant should also address at the City Council hearing the information obtained from the State Historic Preservation office as well.. (Note: Lila Hill submitted comments on this as follows: the barn is approximately 67 veers old; the granary was moved there in about 1935 and is too eroded to save; the shed was originally a chicken house and is 75 years old• and the house was built in 1906 by the Howrv brothers.) The Council should consider the comments from Lila Hill and env additional comments from the HPC to determine if env of the buildings should be preserved. ii. The Commission requested that the Applicant and Staff work together to come up with a condition that would allow for occupancy permits to be issued prior to plat recordation. Staff met with the Applicant and came up with the following condition: "Where there are existing utilities and where the surrounding public roads are fixed:, the Applicant shall be allowed np to 7 occupancy permits prior to final plat recordation. The Planning Director and the Development Services Manager may consider allowing additional occupancy permits (not to exceed 13) if the administration of the previous 7 seems to be efficient and in the City's best interest "Staff has added this as condition #1.2.11 in Exhibit B. iii. Blue Cross of Idaho has expressed concern to the Planning Department rewarding access to their property once Pine Avenue is widened. The Applicant is working with ACRD and BCI to resolve the access issue. Staff is unaware of the outcome of those negotiations. This is the main reason the proiect was continued the last time. Pinebridge AZ RZ PP VAR PAGE 3 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF OCTOBER 23, 2007 vi. Withdrawal of the Variance reouest for the access noint_to F.agle Road between l and Pine: i (' ~_ ommerc a ~Y Council Changes to StaffLCommission Recommendation i. o i fy condition #1210 regarding_the t;minu of the extension of Rne Avenue to Locust Grove Road to prior to issuance of any Certificate of Occupancy rather than Certificate of .o ing Compliance for buildings that wo ld require access from Pine Avenue. 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ^07- 006, RZr07-010, PP-07-008, & VAR-07-007 as presented in staff report for the hearing date of October 23, 2007, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-07- 006, RZ-07-010, PP-07-008, & VAR-07-007 as presented during the heazing on October 23, 2007, for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance I move to continue File Numbers AZ-07-006, RZ-07-010, PP-07-008, & VAR-07-(t07 to the heazing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: South of E. Fairview Avenue, East of N. Locust Grove Road, west of N. Eagle Road, and north of E. Commercial Street (see page 2 of application for specific parcel numbers). Section 8, Township 3 North, Range 1 East b. Owner: DMB Management, LLC 250 S. Beechwood, Ste. 120 Boise, Idaho 83709 c. Applicant: Stanley Consultants 1940 S. Bonito Way, Suite 140 Meridian, ID 83642 d. Representative: Michael Wilson, Stanley Consultants e. Present Zoning: Rl (Ada County), RUT (Ada County), C-G (General Retail and Service Commercial), and I-L (Light Industrial) f. Present Comprehensive Plan Designation: Mixed Use -Community, Mixed Use -Regional, and Industrial g. Applicant's StatemenbJustification: From Applicant's narrative submitted with application, "Pinebridge Subdivision will provide the City of Meridian with high quality commercial uses, Pinebridge AZ RZ PP VAR PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 offices, multi-family residential development, and a proposed medical campus. Approximately 3,000,000 square feet of residential, commercial, and light office uses are proposed for Pinebridge. The large scale of the proposed development will result in significant job creation and property tax revenue for the City of Meridian. The proposed development will also result in the construction of the extension of E. Pine Avenue between Locust Grove and Eagle Road; this extension will provide a critical road connection for the City of Meridian... The proposed multi- family residential component of Pinebridge will help to add to Meridian's diversity of housing types by adding multi-family housing to a housing inventory that is made up primarily of single- family residential development... Pinebridge Subdivision will be an innovative, vibrant, mixed- use development which will provide quality commercial and office development, a medical campus, and multi-family housing." (See applicant's narrative for more information.) 5. PROCESS FACTS a. The subject application will in fact constitute an Annexation and Zoning as determined by City Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is required before the Commission and City Council on this matter. b. The subject application will in fact constitute a Rezone as determined by City Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is required before the Commission and City Council on this matter. c. The subject application will in fact constitute a Preliminary Plat as determined by City Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is required before the Commission and City Council on this matter. d. The subject application will in fact constitute a Variance as determined by City Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is required before the City Council on this matter. e. Newspaper notifications published on: Apri130, 2007 and May 14, 2007 (Commission); AuQUSt 27, 2007 and September 10, 2007 (City Council) f. Radius notices mailed to properties within 300 feet on: Apri120, 2007 (Commission); August 24, 2007 (City Council) g. Applicant posted notice on site by: August 6, 2007 (Commission); September 27, 2007 (City Council 6. LAND USE a. Existing Land Use(s): There are a few existing single-family homes and associated outbuildings on this site but the site primarily consists of vacant land. b. Description of Character of Surrounding Area: The area surrounding this site consists primarily of industrial uses and vacant undeveloped land with some office and commercial uses, with a multi-family development to the north of the site. c. Adjacent Land Use and Zoning: 1. North: Commercial uses, zoned C-G; Vacant undeveloped property, zoned RUT (Ada County); multi-family residential development, zoned R-40; Industrial, commercial, & office uses, zoned I-L 2. East: Industrial, commercial & office uses and undeveloped property, zoned I-L; Commercial property, zoned C-G 3. South: Industrial property, zoned I-L; offices, zoned L-O; school, zoned L-O Pinebridge AZ RZ PP VAR PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN• ATE OF OCTOBER 23, 2007 4. West: Industrial property, zoned I-L; Vacant ground, zoned RUT in Ada County; Commercial property, zoned C-G; residential property, zoned R-8 and R-40 d. History of Previous Actions: • The northern portion of this property was previously platted in Ada County as part of Pleasant Valley Subdivision; a very small southern portion was platted as part of Gemtone Center Subdivision No. 5; and the rest has not been previously platted. • A development application was previously submitted for Pinebridge in 2005 (AZ-OS-013, PP- OS-015, & CUP-OS-020) that included all of the subject property except for the portion east of N. Machine Avenue. This previous application was withdrawn by the Applicant. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: This property is proposing to sewer to mains located in Locust Grove Road, East Fairview Ave and East Pine Ave. Location of water: This property is proposing water service to mains located in Locust Grove Road, East Fairview Ave and East Pine Ave. Issues or concerns: None 2. Canals/Ditches Irrigation: There are a few irrigation ditches and drains that traverse through or adjacent to this site. All open irrigation ditches, laterals and canals, should be tiled when this property develops. 3. Hazards: The Planning Department is not aware of any hazards associated with this property. 4. Proposed Zoning: C-G (General Retail and Service Commercial) 5. Size of Property: 170 +/- acres f. Landscaping 1. Width of street buffer(s) adjacent to: E. Fairview Avenue: N. Locust Grove Road: E. Pine Avenue: N. Eagle Road: Pinebridge Avenue: E. Commercial Street E. Wilson Lane: E. State Street: E. Shellbrook Drive: N. Webb Avenue: N. Machine Avenue: 25 feet (principal arterial) 25 feet (minor arterial) 25 feet (minor arterial) 35 feet (principal arterial & entryway corridor) 20 feet (collector) 20 feet (collector) 20 feet (collector) 10 feet (local) 10 feet (local) 10 feet (local) 10 feet (local) Note: UDC Table 11-2B-3 lists the required street buffer widths for the following street classifications: Street landsca buffer in feet) Local 10 Collector 20 Arterial 25 Pinebridge AZ RZ PP VAR PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN• ATE OF OCTOBER 23, 2007 En ay corridor 35 If the street classification of any of the above-listed streets is incorrect, please refer to the table above for the correct buffer width. Street buffers shall be constructed in accordance with the standards listed in UDC 11-3B-7C, Landscape Buffers along Streets. 2. Width of buffer(s) between land uses: A 25-foot wide buffer is required adjacent to all residential uses. Buffers shall be constructed in accordance with the standards listed in UDC 11-3B-9C. 3. Common open space: NA (Common open space will be required with CUP approval of the multi family residential portion of the development, per UDC 11-4-3-27C.) g. Amenities: NA (Amenities will be required with CUP approval of the proposed multi family residential portion of the development, per UDC 11-4-3-27D.) h. Off-Street Parking: One off-street parking space is required for every 500 square feet of gross floor area in commercial districts, per UDC 11-3C-6B. (See UDC 11-3G6for required number of off-street parking spaces for residential use.) i. Required Dimensional Standards for the C-G zone: Front setback: 0 Rear setback: 0 Interior side setback: 0 Maximum building height: 65 feet Maximum building size without design standard approval: 200,000 square feet (See UDC 11-4-3-27B for specific dimensional standards for Multi family Residential Use) Summary of Proposed Streets and/or Access: Access to the proposed development will primarily be provided from E. Fairview Avenue via Pinebridge Avenue, and N. Eagle Road & N. Locust Grove Road via Pine Avenue. The applicant is proposing to construct Pinebridge Avenue south from E. Fairview Avenue and extend E. Pine Avenue to the west from N. Eagle Road to N. Nola Road, which will serve as the primary access points into the development. Pinebridge Avenue will be constructed within 64 feet ofright-of--way with a 46-foot wide street section (measured back to back), curb, gutter, and a 7-foot wide attached sidewalk. Pine Avenue will be constructed within 96 feet ofright-of--way with a 72-foot wide street section (measured back to back), curb, gutter, a 5-foot wide planter, and detached 5-foot wide sidewalk. East Wilson Lane is proposed to stub to the west at the northern portion of the development for future connection to the existing Wilson Lane west of the site. East State Street is proposed to connect to the east to an existing segment of State Street. North Webb Avenue and North Machine Avenue are proposed to connect to the south to existing segments of these streets. North Newbridge Place will be constructed to the south from E. Pine Avenue to provide access to Lots 4 & 5, Block 2. East Shellbrook will provide access from N. Locust Grove Road to the proposed multi-family portion of the development and connect to Pinebridge Avenue. Commercial Court (an existing private road) runs along the south boundary of the site. Across-access agreement will be recorded for Pinebridge to allow for shared parking. Staff is generally supportive of the proposed street system within the development with the comments and conditions stated in Section 10, Analysis, and Exhibit B of this report. However, Staff is not supportive of the access points proposed on Eagle Road/SH 69 (see Section 10, Analysis, below for more information). Pinebridge AZ RZ PP VAR PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF OCTOBER 23, 2007 7. COMMENTS MEETING On Apri127, 2007 a joint agency and department meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS A majority of the subject property is designated "Mixed Use -Community" (MU-C) and "Mixed Use - Regional," (MU-R) with a 1.5 acre portion designated as "Industrial" on the Comprehensive Plan Future Land Use Map. The proposed C-G zoning district is compatible with the afore-mentioned Mixed Use designations but is not compatible with the Industrial designation. The Comprehensive Plan (page 98) states that "the areas depicted on the Future Land Use Map are conceptual and, therefore, will require further analyses prior to the creation of a zoning map." Staff believes that a map amendment is not necessary for the industrial designated property and that the requested C-G zone and commercial use of this property would be more appropriate because of the property's size (1.5 acres) and proximity to Mixed Use designated land. Per Chapter VII of the Comprehensive Plan, the Mixed Use land use category contains five sub- categories. "Generally, the mixed-use designation will provide for a combination of compatible land uses that are typically developed under a master or conceptual site plan. The purpose of this designation is to identify key areas which are either infill in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities are encouraged. The intent of this designation is to offer the developer a greater degree of design and use flexibility." The MU-C category allows for residential densities of 3 to 15 units per acre. Sample uses in this category also include: grocery stores, drug stores, coffee/sandwich shops, dry cleaner/Laundromat, professional offices, retaiUgift shops, clothing stores, garden centers, restaurants, banks, drive-thru facilities, auto service stations, department stores, medicaUdental clinics, schools, parks, churches, public uses, clubhouses, hardware stores, salons, and daycares. The MU-R category allows for residential densities of 3 to 40 units per acre. This category includes all of the afore-mentioned uses allowed in the MU-C category and also includes entertainment uses, major employment centers, and clean industry. Staff fmds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the subject property in the following manner: - Sanitary sewer and water service will be extended to the project at the developer's expense. - A portion of the subject lands currently lies within the jurisdiction of the Meridian Rural Fire District and a portion lies within the jurisdiction of the Meridian City Fire Department. Once annexed the lands that are currently in the County will be under the jurisdiction of the Meridian City Fire Department, who shares resource and personnel with the Meridian Rural Fire Department. - The portion of the subject property that is currently in the County is under the jurisdiction of the Ada County Sheriff's Office. The portion that is currently in the City is Pinebridge AZ RZ PP VAR PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 under the jurisdiction of the Meridian Police Department (MPD). Once the County portion is annexed, all of the lands will be serviced by the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACfID) except for N. Eagle Road (SH SS), which is owned and maintained by the Idaho Transportation Department (ITD). This service will not change. - The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. - The subject lands are currently serviced by the Meridian Library District. This service will not change. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VII, Goal I, Objective B -Plan for a variety of commercial and retail opportunities within the Impact Area. The applicant plans to develop the property with a mix of multi family residential, light office, and retail uses, with a medical campus. The proposed use of the property will provide a variety of uses in this area of the City. Chapter IV, Goal II -Diversify economic base of City -make Meridian more than a "bedroom" community. Per the Applicant's narrative, the proposed Pinebridge development is planned to add approximately 3, 000, 000 square feet of commercial, residential, and office development to the City and help to diverse the economic base of the City. Chapter VI, Goal II, Objective A, Action 12 -Develop methods, such as cross-access agreements, frontage roads, to reduce the number of existing access points onto arterial streets. Development of this property should reduce the number of existing access points onto adjacent arterial streets by eliminating the current access points and providing internal access from the proposed streets within the development. An internal cross-access and cross- parking agreement will also be required for the proposed lots within this development. • Chapter VII, Goal V, Objective A, Action 7 -Continue promoting quality mixed-use developments in accordance with the Future Land Use Map. The Future Land Use Map designates this property as Mrxed Use. Staff believes that the proposed multi family, office, and retail use of this property will be a quality mixed use development. • Chapter VI, Goal V -Encourage the development of a continuum of services to meet the health care needs of the citizens of Meridian. A medical campus is planned within this development, which will help to meet the healthcare needs of the citizens of Meridian. • Chapter VII, Goal II -Serve the Treasure Valley as a regional industrial, commercial, and retail distribution hub. Pinebridge AZ RZ PP VAR PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 The significant commercial component of Pinebridge will help to make Meridian a commercial hub for the Treasure Palley. • Chapter VII, Goal IV -Encourage compatible uses to minimise conflicts and maximize use of land. The proposed medical campus, commercial, light office, and residential uses are compatible with existing uses in the Eagle/Fairview area of Meridian and with the Comprehensive Plan designations for future development in the area. • Chapter VII, Goal III -Ensure that adequate public services, including transportation, for existing and future development are provided. The extension of Pine Avenue and construction of Pinebridge Avenue will provide key transportation routes for the City of Meridian. • Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a commercial zone. The UDC requires a 2S foot wide landscape buffer be constructed adjacent to residential uses to assist in buffering residential properties from commercial uses, in accordance with the standards listed in UDC 11-3B-9C. Staff has included a condition of approval that the Applicant must comply with this requirement. • Chapter IV, Goal I, Objective A, Action 6 -Permit new residential, commercial, or industrial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. The proposed mixed-use development is contiguous to the City and can be provided with urban services at the time offinal approval. • Chapter V, Goal I, Objective A.3 -Encourage infill development in vacant/underdeveloped areas within the City over fringe area development to halt the outward progression of urban development. The subject infill property is largely surrounded by land that has been annexed into the City and is located close to the core of the City. Annexation and development of this property will allow urban growth within an underdeveloped area of the City. • Chapter V, Goal III, Objective B, Action 8 -Require all developments adjacent to designated entryway corridors to provide a minimum of 35 feet of high quality, professional landscaping on the site adjacent to the roadway. A portion of this development is located adjacent to Eagle Road, an entryway corridor into the City. As such, a 35 foot wide landscape buffer will be required adjacent to Eagle Road in accordance with UDC 11-3B-7, Landscape Buffers along Streets. 9. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-21ists the permitted, accessory, and conditional uses within the C-G zoning district. Retail stores, professional services (offices), and healthcare services are listed as principal permitted uses in the C-G zone. Multi-family residential developments require conditional use approval in the C-G zone and are subject to the Specific Use Standards listed in UDC 11-4-3-27. See UDC 11-2B-2 for a complete listing of uses allowed in the C-G zone. Pinebridge AZ RZ PP VAR PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 b. Purpose Statement of the Commercial Districts: The purpose of the commercial districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district proximity to streets and highways. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: AZ Application: The Comprehensive Plan Future Land Use Map designation for this property is Mixed Use -Community (MU-C). The applicant is proposing a C-G zone, which is generally consistent with the MU-C designation. Approval of the subject annexation and zoning request would allow the Applicant to obtain a commercial (C-G) zoning designation for the subject property. According to UDC 11-2B-2, the uses proposed for this site, retail stores, professional services, and healthcare services, are principal permitted uses in the proposed C-G zone. The Applicant has submitted a conceptual development plan and building elevations showing how this site will redevelop with approximately 3,000,000 square feet of residential, commercial, and light office uses. Based on the policies and goals contained in the Comprehensive Plan and the Future Land Use Map designation of Mixed Use for this property, Staff believes that the requested C-G zone is appropriate for this property. Please see Exhibit D for a detailed analysis of the required facts and findings for an annexation. The annexation legal descriptions for Parcels 1 & 2 submitted with the application (stamped on February 5, 2007 by Michael E. Marks, PLS) are accurate and meet the requirements of the City of Meridian and Idaho State Tax Commission. RZ Application: The Comprehensive Plan Future Land Use Map designation for this property is Mixed Use -Regional (MLT-R), Mixed Use -Community (MU-C) and Industrial. The proposed C-G zoning district is compatible with the MU-R and MU-C designations but is not compatible with the Industrial designation. The Comprehensive Plan (page 98) states that "the areas depicted on the Future Land Use Map are conceptual and, therefore, will require further analyses prior to the creation of a zoning map." Staff believes that a map amendment is not necessary for the industrial designated property and that the requested C-G zone and commercial use of this property would be more appropriate because of the property's size (1.5 acres) and proximity to Mixed Use designated land and that the property owner owns all of the subject property. Approval of the subject rezone request would allow the Applicant to obtain a commercial (C-G) zoning designation for the subject property. According to UDC 11-2B-2, the uses proposed for this site (i.e. retail stores, professional services, and healthcare services) are principal permitted uses in the proposed C-G zone. The Applicant has submitted a conceptual development plan and building elevations showing how this site will redevelop with approximately 3,000,000 square feet of residential, commercial, and light office uses. Based on the policies and goals contained in the Comprehensive Plan and the Future Land Use Map designation of Mixed Use for this property, Staff believes that the requested C-G zone is appropriate for this property. Please see Exhibit D for a detailed analysis of the required facts and findings for a rezone. The rezone legal description for Parcels 1 & 2 submitted with the application (stamped on February 5, 2007 by Michael E. Marks, PLS) are accurate and meet the requirements of the City of Meridian and Idaho State Tax Commission. Pinebridge AZ RZ PP VAR PAGE 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 Development Agreement: In conjunction with the AZ & ltZ, Idaho Code §67-6511A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City of Meridian that may require some written commitment for all future uses, per UDC 11-SB-3D2. Staff believes that a DA is necessary to ensure that the site develops in an attractive manner. If the Commission or Council feels additional DA requirements are necessary, staff recommends a clear outline of the commitments of the developer being required. Staff would like to see the following concepts employed in the development of the property: 1) pedestrian connections between buildings in the form of pathways distinguished from vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks; 2) structures built adjacent to roadways with parking to the rear and sides of the structures; 3) common areas with site amenities (i.e., plazas/courtyards, water features, picnic areas, flower gardens, public art, etc.); 4) structures oriented toward each other with windows, awnings, or arcades totaling at least 30% of the length of the fagade viewable from other structures; S7 provide walkways at least 8 feet in width for any aisle length that is greater than 150 parking spaces or 200 feet away from the main building entrance; ~ exterior building walls should demonstrate the appearance of high quality materials of stone, brick, wood, or other native materials (acceptable materials include tinted or textured masonry block, textured masonry block, textured architectural coated concrete panels, or stucco or stucco like synthetic materials -smooth faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials; 'n at least 2 changes in one or a combination of the following shall be incorporated into the building design: color, texture and materials; 8) rooflines shall demonstrate 2 or more of the following: overhanging eaves, sloped roofs, two or more roof planes, varying parapet heights, and cornices; and 9) the primary building entrances shall be clearly defined by the architectural design of the building. A Development Agreement will be required as part of the annexation and rezone of this property. Prior to the annexation and rezone ordinance approvals, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation/rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 6 months of Council approval to initiate this process. The DA shall include, at a minimum, the following: • Development of the property shall substantially comply with the conceptual site plan and elevation submitted with the subject application and the concepts outlined below. • No building permits shall be issued, prior to final plat recordation. • The following concepts shall be employed in the development of the property: - General massing of buildings, roundabouts and landscape islands in streets shall be constructed as generally shown on the preliminary plat and conceptual site plan prepared by Stanley Consultants, Inc., dated 3-5-07. - Pedestrian connections shall be constructed between buildings in the form of pathways distinguished from vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks; - Structures shall be built adjacent to roadways with a majority of the parking to the rear and sides of the structures; - Common areas with site amenities (i.e., plazas/courtyards, water features, picnic areas, flower gardens, public art, etc.) are encouraged to be included Pinebridge AZ RZ PP VAR PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ ATE OF OCTOBER 23, 2007 within the office/retail portion of the development and will be required in the multi-family portion of the development. - Structures should be oriented towazd each other or the adjacent street(s); - Windows, awnings, or arcades totaling at least 30 % of the length of the facade should be provided for facades that aze viewable from other structures; - Provide walkways at least 8 feet in width for any aisle length that is greater than 150 parking spaces or 200 feet away from the main building entrance; - Exterior building walls should demonstrate the appeazance of high quality materials of stone, brick, wood, or other native materials (acceptable materials include tinted or textured masonry block, textured masonry block, textured architectural coated concrete panels, or stucco or stucco like synthetic materials - smooth faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials; - The building design shall incorporate at least 2 changes in one or a combination of the following: color, texture and materials; - Rooflines shall demonstrate 2 or more of the following: overhanging eaves, sloped roofs, two or more roof planes, varying parapet heights, and cornices; - The primary building entrances shall be clearly defined by the acchitectural design of the building. - A Conditional Use Permit for the multi-family portion of this development shall be submitted prior to submitting for final plat approval on that area. PP Application: The Applicant has submitted a preliminary plat/conceptual site plan for this site labeled as Sheets 1, 2, 3, & 4 of 7, prepazed by Stanley Consultants, Inc., and dated March 5, 2007. The proposed subdivision consists of 61 buildable lots and 21 common lots. All proposed lots meet the dimensional standazds for the requested C-G zone. Buildable lots range in size from 0.43 of an acre to 13.62 acres. Staff has reviewed the preliminary plat/conceptual site plan and is supportive of the following design features represented on the plan: 1) the orientation of the buildings adjacent to Eagle Road with pazking to the side and rear of the structures; 2) the roundabouts which should reduce speeding and assist in traffic flow; and 3) planter islands. The Applicant has not submitted a phasing plan for this site. Due to the size of this development and the proposed extension of Pine Avenue, the Applicant should address the timeline for development of the site at the Commission hearing and submit a phasing plan prior to or at the Commission meeting. Additionally, depending upon the Applicant's phasing plan, the Commission may want to include a DA provision that Pine Avenue be extended prior to issuance of Certificate of Zoning Compliance's on the site. Proposed Streets and/or Access: Primary access to the development is proposed to be provided from E. Fairview Avenue via Pinebridge Avenue, and N. Eagle Road & N. Locust Grove Road via Pine Avenue. The applicant is planning to construct Pinebridge Avenue south from E. Fairview Avenue and extend E. Pine Avenue to the west from N. Eagle Road to N. Nola Road, which will serve as the primary access points into the development. Pinebridge Avenue will be constructed within 64 feet ofright-of--way with a 46-foot wide street section (measured back to back), curb, gutter, and a 7-foot wide attached sidewalk. Pine Avenue will be constructed within 96 feet ofright-of--way with a 72-foot wide street section (measured back to back), curb, gutter, a Pinebridge AZ RZ PP VAR PAGE 13 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 5-foot wide planter, and detached 5-foot wide sidewalk. East Wilson Lane is proposed to stub to the west at the northern portion of the development for future connection to the existing Wilson Lane west of the site. East State Street is proposed to connect to the east to an existing segment of State Street. North Webb Avenue and North Machine Avenue are proposed to connect to the south to existing segments of these streets. North Newbridge Place will be constructed to the south from E. Pine Avenue to provide access to Lots 4 & 5, Block 2. East Shellbrook will provide access from N. Locust Grove Road to the proposed multi-family portion of the development and connect to Pinebridge Avenue. Across-access agreement will be recorded for Pinebridge to allow for shared parking. ACRD has submitted comments on this application, included in Exhibit B, which recommend against the approval of the proposed traffic signal at the FairviewlPinebridge intersection as currently proposed. Staff is generally supportive of the proposed street system within the development with the comments and conditions stated in Section 10, Analysis, and Exhibit B of this report. However, Staff is not supportive of the two access points proposed to Eagle Road with the VAR application because access to the site can adequately be provided from Pine Avenue that runs along the northeast boundary of the site, in addition to the other proposed access points to the other arterial roadways. Cross-Access/Driveway Stubs: There are some parcels adjacent to this site that should be interconnected to this development. Staff believes that cross access easements and driveway stubs should be provided to the following parcels: 87104250004 (Cortabitarte, at the east boundary); 87104251802 (Belair Leasing, Inc., at the west boundary); 82333350010 (Elliott Group, LLC., at the west boundary); and 82333350020 (H2NR, LLC., at the west boundary). Across-access agreement should be recorded granting cross-access to these parcels via a note on the plat or a separate agreement. Providing cross-access to the afore-mentioned properties will assist in providing interconnectivity to adjoining parcels and limiting access points on adjacent roadways. Cross access easement(s) should also be recorded for all lots within this subdivision that share drive aisles. Staff is not requesting that a stub be provided to the south from the multi-family portion of the development to the Duncan property (parcel #S 1108233990) because of the Comprehensive Plan Future Land Use Map designation of Industrial for the property. Staff feels that connectivity to this parcel should be provided from the south via Pine and/or from the west via Locust Grove through properties that are designated for similar type uses. Landscaping: The Applicant has submitted a landscape plan with this application, labeled as Sheet 1 of 1, prepared by Stanley Consultants, Inc., and dated March 22, 2007. Landscaping must be installed on this site in accordance with the standards listed in UDC 11-3B, Landscaping Requirements. The landscaping shown on the landscape plan submitted with this application is approved with the following modification/comments (NOTE: The internal landscaping has not been reviewed and is not approved with this plat. Internal landscaping will be subject to compliance with the UDC during the CZC review. Perimeter and landscaping adjacent to streets shall be completed as part of the platting process): • A 35-foot wide street buffer is required along Eagle Road, an entryway corridor in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. • A 25-foot wide street buffer is required along E. Fairview Avenue, Pine Avenue and N. Locust Grove Road, and any other street(s) classified as an arterial street, landscaped in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. • A 20-foot wide street buffer is required along all collector streets, landscaped in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. • A 10-foot wide street buffer is required along all local streets, landscaped in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. Pinebridge AZ RZ PP VAR PAGE 14 CITY OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEARIN~DATE OF OCTOBER 23, 2007 • A 25-foot wide buffer to residential uses is required in accordance with the standards listed in UDC 11-3B-9C, Landscape Buffer to Adjoining Uses. • Internal parking lot landscaping is required upon development of each lot in accordance with the standards listed in UDC 11-3B-8, Parking Lot Landscaping. • Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department prior to issuance of any Certificate of Occupancies for this site. All standards of installation should apply as listed in UDC 11-3B-14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. The preceding modifications and notes should be shown on a revised landscape plan submitted with the final plat application(s), the Certificate of Zoning Compliance and Conditional Use Permit application(s). Ealsting Structures: The site currently contains some existing structures. All existing structures that do not meeting setbacks or the dimensional standards of the UDC shall be removed prior to the City Engineer's signature on the final plat. There are several old structures located at the corner of Nola and Pine that may be classified as historical structures. The Applicant shall address at the public hearing what they intend on doing with these structures. Building Elevations: The Applicant has submitted an elevation of their office building proposed to be located adjacent to the Pinebridge development at the comer of Pine and Hickory (see Exhibit A.5). The Applicant states that this elevation is representative of what some of the buildings will look like within the proposed Pinebridge development. A list of construction materials for the future buildings on the site was not provided by the Applicant. Due to the size of this development, Staff does not believe that requiring all buildings within the development to resemble the elevation submitted with this application would be practical. However, in order to ensure that future buildings on this site develop in an attractive manner, Staff is including design provisions in the Development Agreement for future buildings (see DA provisions above and in Exhibit B). Design Standards: All structures proposed within the development that exceed 200,000 square feet or that are located on an entryway corridor (Eagle Road), shall be required to obtain design review approval and comply with the design standards listed in UDC 11-3A-19C. Further, all structures located adjacent to Fairview Avenue, Pinebridge Avenue, and Pine Avenue shall also be required to comply with the afore-mentioned design standards because of the high visibility of the structures. Fencing: The Applicant is not proposing to construct fencing on the site and none is required by the UDC. If permanent fencing is not constructed on the site, temporary fencing to contain debris during construction should be installed around the perimeter of the site. Pathways: The Master Pathways Plan depicts future 10-foot wide multi-use pathways across this site. Multi-use pathways should be constructed on this site in accordance with the standards listed in the Pathways Plan and the locations depicted on the Master Pathways Plan included as Exhibit A.4 in this report and per the text in the Pathways Plan as follows: 1) The pathway shown on the Pathways Plan (Settlers Creek Pathway, Locust Grove-Treasure Valley RWT) along the northwest portion of the site on the north side of the multi-family portion of the development is Pinebridge AZ RZ PP VAR PAGE I S • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 planned to be located "on either the north or south side of the Settlers Canal where it will eventually connect with a short existing segment of pathway before continuing east as a proposed pathway. Where the Flume Canal disappears the pathway heads south to connect to the Treasure Valley RWT."Because there is an existing segment of pathway along the north side of Settlers Canal on the H2NR LLC & Paddington Subdivision HOA properties, Staff believes that the pathway should continue to Locust Grove along the north side of the Settlers Canal and be constructed upon development of the Leonard property (87104253800). The Applicant should connect to the existing segment of pathway and extend the pathway on the north side of the Flume Canal to the east property boundary. The pathway should then extend south along the west side of Machine Avenue then cross Machine and run along the Snyder Lateral to the south property boundary for future connection to the Treasure Valley RWT. 2) The pathway shown on the Pathways Plan (Meridian Loop Pathway, Franklin-Fairview) is planned to extend from the Treasure Valley RWT and head north along Nola Road and then northeast to the signal at Hickory Way and Fairview. The Applicant should construct the pathway along the east side of Nola Road along the west property boundary, north across Pine Avenue, then east along the north side of Pine Avenue and north along the west side of Pinebridge Avenue. Where the pathway meets the pathway required along the Flume Canal, the pathway should cross Pinebridge and extend north along the east side of Pinebridge and stub to the Cortabitarte property at the northeast corner of the site for future extension to the east as shown on the conceptual plan in Exhibit A. The multi-use pathways in each phase of the development shall be constructed prior to signatare on the final plat of each phase. Ditches, Laterals, and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of any natural waterway, that intersect, cross or lie within the area being subdivided shall be covered. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle- point connection to the culinary water system shall be required. If a single-point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the fmal plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Multi-family Development: The preliminary plat/conceptual site plan submitted with this application depicts amulti-family development proposed for the western portion of the site. This plan shows 25 multi-family buildings with an undisclosed number of residential units. Multi- family developments required Conditional Use Permit (CUP) approval in the C-G zone, per UDC 11-2B-2. Staff questions how the design of the multi-family area shown on the concept plan will create a viable multi-family project with a public road bisecting the units. A CUP shall be submitted prior to final plat submittal for this azea so that the exact layout and design for the multi-family development can be reviewed and approved prior to construction of the roads in this area. The subject application does not grant approval of the proposed multi-family development, location or number of structures, number of dwelling units, or driveway approval; a CUP is required for approval of the proposed multi-family development on the site. Additionally, Specific Use Standards (UDC 11-4-3-27) apply to multi-family developments as follows: a. Setbacks: Buildings shall provide a minimum setback of 10 feet, unless a greater setback is otherwise required by the UDC. Pinebridge AZ RZ PP VAR PAGE 16 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 b. Service areas: On-site service areas, outdoor storage azeas, waste storage, disposal facilities, and transformer or utility vaults shall be fully screened from view from any public street. c. Private, usable open space: A minimum of 80 squaze feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yazds. Landscaping, entryway and other access ways shall not count towazd this requirement. d. Developments with 20 units or more shall provide the following: A property management office, a maintenance storage azea, a central mailbox location, and a directory and map of the development at a convenient location. e. Covered Parking: UDC 11-3C-6 requires that multifamily developments shall provide pazking as follows: for 1 bedroom units, there shall be two pazking spaces with one in a covered carport or garage; and for units with more than one bedroom, 2 pazking spaces shall be provided in a covered carport or garage. f. Common Open Space Design Requirements: A minimum of 350 squaze feet of outdoor common open space shall be provided for each unit containing more than 1,200 squaze feet of living azea. The common open space shall be not less than 400 squaze feet in azea, and shall have a minimum length and width dimension of 20 feet. g. Amenities: UDC 11-4-3.27 requires that multi-family developments between 20 and 75 units provide 3 amenities from sepazate categories (i.e. quality of life, open space, or recreation). h. Elevations: Elevations are required to meet the architectural standards set forth in UDC 11-4-3-27E. i. Landscaping: Per UDC 11-4-3-27, all street facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following standards: - The landscaped area shall be at least 3-feet wide; - For every 3 lineaz feet of foundation, an evergreen shrub having a minimum mature height of 24 inches shall be planted; and - Ground cover plants shall be planted in the remainder of the landscaped azea. j. Maintenance and Ownership Responsibilities: Per UDC 11-4-3-27G, a legally binding document shall be recorded that states the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features. VAR Application: The applicant is requesting a Variance from the standazds listed in UDC 11- 3H-4Blcand 11-3H-4B2, regarding Development along Federal and State Highways. Because the east boundary of this site is located adjacent to State Highway (SH) 55 (Eagle Road), the standazds listed in UDC 11-3H-4B regazding Development along State Highways, apply to the development of this property. The Applicant is proposing two access points to SH 55. The first is from the existing Commercial Court, which is a private road located approximately 860 feet south of the centerline of Pine Avenue that has been used by Elixir. The second is a new access point proposed to be located half-way between Pine and Commercial, approximately 440 feet north of the south property line. See Exhibit A.4 for proposed access points to SH 55. Pine Avenue is located in accordance with UDC 11-3H, % mile between Fairview Avenue and Franklin Road. Per UDC 11-3H-4B, use of existing approaches (in this case, E. Commercial Pinebridge AZ RZ PP VAR PAGE 17 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE DARING DATE OF OCTOBER 23, 2007 Street) to SH 55 shall be allowed to continue provided that all of the following conditions are met: 1) The existing use is lawful and properly permitted effective September 15, 2005; 2) The nature of the use does not change (for example, a residential use to a commercial use); and 3) The intensity of the use does not increase (for example, an increase in the number of residential dwelling units or an increase in the square footage of commercial space). Staff has reviewed these standards and found that the intensity of the proposed use of the site will increase because of the square footage of commercial space proposed. The UDC further states, "ff an applicant proposes a change or increase in intensity of use, the owner shall develop or otherwise acquire access to a street other than the state highway. The use of the existing approach shall cease and the approach shall be abandoned and removed." Additionally, "No new approaches directly accessing a state highway shall be allowed and public street connections to the state highway shall only be allowed at the section line road and the half mile mark between section line roads (where Pine Avenue currently exists). These half mile connecting streets shall be collector roads." The applicant is requesting a Variance to the above-stated standards and is proposing that the existing Commercial Street approach be allowed to continue and that a new approach to SH 55 be allowed on the west side of SH 55, midway between Pine Avenue and Commercial Street. The applicant's justification for the proposed variance, per the applicant's narrative submitted with the application, is "The two variances are being requested to relieve undue hardships associated with the site. If the proposed project were smaller in scale it would not be necessary to propose an additional access point on SH 55; the 170 acre size of the proposed development and the location of the project make it necessary to create a new access point to provide adequate connectivity and access for the proposed development. The change in intensity of the use for the existing Elixir access point warrants the second proposed variance to allow for the continuing use of an existing access point. The proposed change in use of the subject property is supported by Meridian's Comprehensive Plan; the Pinebridge property is designated for Mixed Use, Industrial, and Mixed Use Regional development. It would not be possible to develop the subject property in a manner consistent with Meridian's Comprehensive Plan without changing the intensity of use on the property." In order for the Council to grant a variance, the Council shall make the following fmdings: - The variance shall not grant a special right or privilege that is not otherwise allowed in the district; - The variance relieves an undue hardship because of characteristics of the site; and - The variance shall not be detrimental to the public health, safety, and welfare. Staff does not believe that the afore-mentioned findings can be made for approval of the variance request in this instance. Please see Staff's analysis of the findings in Exhibit D of this report for more information. Further, Staff does not believe that two additional access points to SH 55 are necessary as there is an existing access point to SH 55 via Pine Avenue, along the northeast boundary of this site, which will provide access to the east side of this development. b. Staff Recommendation: Staff is recommending approval of the proposed AZ, RZ, & PP applications but is recommending denial of the VAR request per the conditions listed in Exhibit B of the Staff Report, based on the Findings in Exhibit D of this report. The Meridian Planning & Zoning Commission heard these items on May 17. June 21 and Julv 19 2007 At the public hearing on July 19.2007 they moved to recommend approval of the subiect AZ. RZ, and PP request. he Meri ian Citv OunCll h .arri thec . itgmc nn Octnhar 1(.__ ~..a .'3 7AM A+ tl.n public hearing on October 23.2007 hev approved he ubiect A7,_ 7,_ pp. and V or the mono ed acce no'nt to axle Road from o m rcial• he Ann ican Pinebridge AZ RZ PP VAR PAGE 1 S CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF OCTOBER 23, 2007 11. E~~ITS A. Drawings 1. Vicinity/Zoning Map 2. Preliminary Plat (dated: 3/5/07) 3. Landscape Plan (dated: 3/22/07) 4. Site Plan for Variance Request 5. Conceptual Building Elevation 6. Overview of Site 7. Master Pathways Plan depicting conceptual locations of future multi-use pathways B. Agency Comments/Conditions 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code Pinebridge AZ RZ PP VAR PAGE 19 A. Drawings Exhibit A 1. Vicinity/Zoning Map r~ 2. Preliminary Plat ~, ~~ - ®_ ~ _ _ ~ .~ ~e ~''~ ® ---- ® o~. w~~~ roes ~a~' s .°Y.°R7d'~ f m ®~~ -~ ®_ 6 ---~~ ®ma~ .~~. ? s p~p~ $ ® .+ ~$~8 o °'° ~~ _ ~~ ~"~ e no ~ "'° ~ 01 1 0 Exhibit A ~ ~ S ~~~~ ee~~,, aa Sie! ~ ~ eq ~ J I+ ®~~ ~~ um® m® ~ i ~ ~{ ~ ~~ ~ o ~ ~ ~ ~, ~ - e ~ d 6 o e ® ~q, ~. ~ --- ~ ~r.~aaa- ~ ~r+~aegr ~ ~'~ ~~aaird ~ 4 4 m 7 Exhibit A +~ 0=~ Q 9d~~ ~~~ i ~° Exhibit A • i Exhibit A Exhibit A ! ~ 3. Landscape Plan (dated: 3/22/07) • 4. Site Plan for Variance Request ~~ • ~~I I i~. torz '"~" 10T3 J I I~ if Exhibit A Exhibit A • 5. Conceptual Building Elevation -_- ,. <~` f ~-_"1 -_~_~,. 6. Overview of Site ~ ~ , ~ ~ ~' ~: `: n_, y~ D 1. - _ _ -._ ~~ d _~ _ _ _- ~x ~~ a -~ _ / ~,a . y s',1 // 1 ~ -'`.,~-~,~" .~e58wq;?": - Z *•rW.~. : o:.`b "~F" "~~Fs,l. II "~4,~,fe~° •1~ -- z _ 7 a Go <r J~ a-%a' ~~} ~ Yn- fY~~l1iL v -~- ~ > _ cr' :- ~~~~« ~-,.r i•_ ~ - „-` 6 d - --~- ~_. w~. _ Imp i Exhibit A !! Q 7. Master Pathways Plan depicting conceptual locations of future multi-use pathways Exhibit A B. Agency Comments/Conditions 1. PLANNING DEPARTMENT 1.1 ANNEXATION/REZONE COMMENTS 1.1.1 The rezone legal description for Parcels 1 & 2 submitted with the application (stamped on February 5, 2007 by Michael E. Marks, PLS) are accurate and meet the requirements of the City of Meridian and Idaho State Tax Commission. 1.1.2 The annexation legal descriptions for Parcels 1 & 2 submitted with the application (stamped on February 5, 2007 by Michael E. Marks, PLS) are accurate and meet the requirements of the City of Meridian and Idaho State Tax Commission. 1.1.3 A Development Agreement will be required as part of the annexation and rezone of this property. Prior to the annexation and rezone ordinance approvals, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation/rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 6 months of Council approval to initiate this process. The DA shall include, at a minimum, the following: • Development of the property shall substantially comply with the conceptual site plan and elevation submitted with the subject application and the concepts outlined below. • A final plat shall be recorded, prior to the issuance of Certificates of Zoning Compliance; the site shall be a lot and block in a recorded subdivision. • The following concepts shall be employed in the development of the property: - General massing of buildings, roundabouts and landscape islands in streets shall be constructed as generally shown on the preliminary plat and conceptual site plan prepared by Stanley Consultants, Inc., dated 3-5-07, as amended below. - Pedestrian connections shall be constructed between buildings in the form of pathways distinguished from vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks; - Structures shall be built adjacent to roadways with the majority of parking to the rear and sides of the structures; - Common areas with site amenities (i.e., plazas/courtyards, water features, picnic areas, flower gardens, public art, etc.) are encouraged to be included within the office/retail portion of the development and will be required in the multi-family portion of the development. - Structures shall be oriented toward each other or the adjacent street(s) if there is no parking in front of the building; - Windows, awnings, or arcades totaling at least 30 % of the length of the facade shall be provided for facades that are viewable from other structures; - Provide walkways at least 8 feet in width for any aisle length that is greater than 150 parking spaces or 200 feet away from the main building entrance; - Exterior building walls shall demonstrate the appearance of high quality materials of stone, brick, wood, or other native materials (acceptable materials Exhibit B • include tinted or textured masonry block, textured masonry block, textured architectural coated concrete panels, or stucco or stucco like synthetic materials - smooth faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials; - The building design shall incorporate at least 2 changes in one or a combination of the following: color, texture and materials; - Rooflines shall demonstrate 2 or more of the following: overhanging eaves, sloped roofs, two or more roof planes, varying parapet heights, and cornices; - The primary building entrances shall be clearly defined by the architectural design of the building. - A Conditional Use Permit for the multi-family portion of this development shall be submitted prior to submitting for final plat approval on that area. 1.2 PRELIMINARY PLAT -SITE SPECIFIC REQUIREMENTS 1.2.1 The preliminary plat and conceptual site plan labeled as Sheets 1, 2, 3, and 4 of 7, prepared by Stanley Consultants, Inc., dated March 5, 2007, is approved, with the conditions listed herein. 1.2.2 The landscape plan, labeled as Sheet 1 of 1, prepared by Stanley Consultants, Inc., dated March 22, 2007, is approved with the following modifications/comments (NOTE: The internal landscaping has not been reviewed and is not approved with this plat. Internal landscaping will be subject to compliance with the UDC during the CZC review. Perimeter and landscaping adjacent to streets shall be completed as part of the platting process): a. Landscaping must be installed on this site in accordance with the standards listed in UDC 11-3B, Landscaping Requirements. b. A 35-foot wide street buffer is required along Eagle Road, an entryway corridor in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. c. A 25-foot wide street buffer is required along E. Fairview Avenue, Pine Avenue and N. Locust Grove Road, and any other street(s) classified as an arterial street, landscaped in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. d. A 20-foot wide street buffer is required along all collector streets, landscaped in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. e. A 10-foot wide street buffer is required along all local streets, landscaped in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. f. A 25-foot wide buffer to residential uses is required in accordance with the standards listed in UDC 11-3B-9C, Landscape Buffer to Adjoining Uses. g. Internal parking lot landscaping is required upon development of each lot in accordance with the standards listed in UDC 11-3B-8, Parking Lot Landscaping. h. Per UDC 11-3B-10, the applicant should work with the City Arborist, Ekoy Buff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. i. A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department prior to issuance of any Certificate of Occupancies for this site. All standards of installation should apply as listed in UDC 11-3B-14. Exhibit B Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. The preceding modifications and notes should be shown on a revised landscape plan submitted with the fmal plat applications, the Certificate of Zoning Compliance and Conditional Use Permit application. 1.2.3 Construct 10-foot multi-use pathways within this development in accordance with the standards listed in the Meridian Pathways Master Plan and the conceptual locations depicted on the Pathways Plan shown in Exhibit A.4 of this report and per the text in the Pathways Plan as follows: 1) The pathway shown on the Pathways Plan (Settlers Creek Pathway, Locust Grove- Treasure Valley RWT) along the northwest portion of the site on the north side of the multi- family portion of the development is planned to be located "on either the north or south side of the Settlers Canal where it will eventually connect with a short existing segment of pathway before continuing east as a proposed pathway. Where the Flume Canal disappears the pathway heads south to connect to the Treasure Valley RWT." Because there is an existing segment of pathway along the north side of Settlers Canal on the H2NR LLC & Paddington Subdivision HOA properties, Staff believes that the pathway should continue to Locust Grove along the north side of the Settlers Canal and be constructed upon development of the Leonard property (87104253800). The Applicant shall connect to the existing segment of pathway and extend the pathway on the north side of the Flume Canal to the east property boundary. The pathway should then extend south along the west side of Machine Avenue then cross Machine and run along the Snyder Lateral to the south property boundary for future connection to the Treasure Valley RWT. 2) The pathway shown on the Pathways Plan (Meridian Loop Pathway, Franklin-Fairview) is planned to extend from the Treasure Valley RWT and head north along Nola Road and then northeast to the signal at Hickory Way and Fairview. The Applicant should construct the pathway along the east side of Nola Road along the west property boundary, north across Pine Avenue, then east along the north side of Pine Avenue and north along the west side of Pinebridge Avenue. Where the pathway meets the pathway required along the Flume Canal, the pathway should cross Pinebridge and extend north along the east side of Pinebridge and stub to the Cortabitarte property at the northeast corner of the site for future extension as shown on the plan in Exhibit A. The multi-use pathways in each phase of the development shall be constructed prior to signature on the final plat of each phase. 1.2.4 A Conditional Use Permit is required for the multi-family residential portion of the development depicted on the conceptual site plan. All future structures shall comply with the architectural standards listed in UDC 11-4-3-27E for multi-family developments. A Certificate of Zoning Compliance (CZC) is required for each building within this development prior to issuance of a building permit. Development of the site shall substantially comply with the conceptual development plan submitted with this application, NOTE: A CZC application >'~ include multiple/all multi family units within the development. 1.2.5 All structures proposed within the development that exceed 200,000 square feet or that are located on an entryway corridor (Eagle Road), shall be required to obtain design review approval and comply with the design standards listed in UDC 11-3A-19C. Further, all structures located adjacent to Fairview Avenue, Pinebridge Avenue, and Pine Avenue shall also be required to comply with the afore-mentioned design review standards. 1.2.6 Cross access easements and driveway stubs shall be provided to the following parcels: 87104250004 (Cortabitarte, at the east boundary); 87104251802 (Belair Leasing, Inc., at the west boundary); U71111Cl1l11l1 ~~t~;e#~F~eLfi~,ii(~~~ta~os°cJi ooa$aacay'7`,--ctxi~PC~~J~~~3~A . Emereency access shall be provided to the H2NR parcel Exhibit B at the southeast corner. Across-access agreement shall be recorded granting cross-access to these parcels via a note on the plat or a separate agreement. A cross access easement shall also be recorded for all lots within this subdivision that share drive aisles. 1.2.7 All signage for the site requires approval of a sign permit. All signage must comply with UDC 11-3D-8I and 11-3D-10, Table 2, for subdivision identification signs. 1.2.8 If permanent perimeter fencing is not constructed on the site, temporary fencing to contain debris during construction shall be installed around the site prior to release of building permits. 1.2.9 Underground, pressurized irrigation must be provided to all lots within this development. 1.2.10 Pine Avenue shall be eztended to Locust Grove Road prior to issuance of anv Certificate of Occunancv for buildinirs that would require access from Pine Avenue 1.2.11 Where there are existing utilities and where the surrounding public roads are fined, the Applicant shall be allowed uH to 7 occuuancv Hermits prior to final Hlat recordation The Planning Director and the DeveloHment Services Manager may consider allowing additional occuuancv Hermits (not to ezceed 131 if the administration of the Hrevious 7 seems to be efficient and in the Citv's best interest. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Locust Grove Road. The applicant shall install all mains to and through this development; 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 Locust Grove Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 A water stub to the east shall be provided to allow for a future looped system, it shall be covered by a standard City of Meridian easement. 2.4 Prior to any excavation or improvements within this development that applicant shall submit a Flood Plain Development Permit and comply with all conditions of the same. 2.5 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.6 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.7 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. >f it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. Exhibit B i ~ 2.8 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.9 All existing structures not meeting setbacks or the dimensional standards of the UDC shall be removed prior to building permits being released. 2.10 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.11 Any meter tiles located in common driveways shall be upgraded to traffic rated materials per City of Meridian Standard Specifications. 2.12 As proposed, additional width to the public utilities, drainage and irrigation easement along the right-of way shall be dedicated where the sidewalk is located past the right-of--way. The additional width needs to be sufficient to allow for 10 feet of easement past the sidewalk. 2.13 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.14 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. Per UDC 11-3A-6A.3.a, the City Council may waive the requirement for covering such ditch lateral canal or drain, if it finds that the public purpose repuirin~ such will not be served and public safety can be preserved. The City Counca7 may also waive this requirement for lame-capacity facilities 2.15 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, and the road base approved, prior to applying for building permits. 2.16 All development improvements, including but not limited to sewer, water, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.17 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to issuance of building permits. 2.18 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.19 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 2.20 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.21 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. Exhibit B 2.22 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.23 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.24 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. Height for 100 watt fixtures is 25-feet, height for Z50 watt fixtures is 30-feet. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %a" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 Building setbacks shall be per the International Building Code for one and two story construction. 3.8 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the back of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.9 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.10 The office%ommercial lots will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced Exhibit B ~ i 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.11 The fire department requests that any future signalization installed as the result of the development of this project be equipped. with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.12 Maintain a separation of 5' from the building to the dumpster enclosure. 3.13 The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.14 The Fire Dept. has concerns about the addressing of the existing house and the address being visible from the street which the project is addressed off of. Please contact the Addressing Specialist at 898-5500 to address this concern prior to the public hearing. 3.15 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.16 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.17 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.18 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic 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). 3.19 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered. 3.20 There shall be a fire hydrant within 100' of all fire department connections. 3.21 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 3.22 Emergency response routes and fire lanes shall not be allowed to have speed bumps. 3.23 Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least three means of fire apparatus access for each structure. Two of the access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line. 3.24 Buildings or facilities having a gross building area of more than 62,000 square feet (5760 m2) shall be provided with two separate and approved fire apparatus access roads separated by one half of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses. Exception: Projects having a gross building area of up to Exhibit B 124,000 square feet (11520 m2) that have a single approved fire apparatus access road when all buildings are equipped throughout with approved automatic sprinkler systems. (Remoteness Required) 3.25 Connect E. Commercial Street to Machine Avenue on the east side of N. Machine Avenue. 3.26 The Pinebridge/Fairview intersection access point should be a right-in/right-out only. 3.27 Lot 1, Block 17 may have limited visibility and access points prohibit driveways on curves. 3.28 No access points should be allowed to/from Eagle Road. 4. POLICE DEPARTMENT 4.1 Prior to release of building permits, the applicant shall submit a parking plan for all off-street parking in the multi-family development to the Planning and Zoning Department. All parking spaces shall be assigned to a specific dwelling unit or for guest use. The parking space identification shall use a different numbering system than the dwelling units. 4.2 The north/east/south/west fagades shall include windows that look onto the parking areas and/or other public areas. 4 ~ Thc~lar~ra~aa~i._dnx~r+l i. 11 1' 1 a 1. 1_ a 1, 1+ .v ~ r r Y e~~~T~'{''2S~aazrau`vrzrcc~r~p~oi aori~ +~a-aaLzcc~ 4.4 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. All micropaths and open areas shall have adequate lighting. 4.5 The loading areas shall be separated from all public parking areas. 4.6 The Pinebridge/Fairview intersection access point should be a right-in/right-out only. the design of which shall be subiect to ACRD aonroval. 4.7 Lot 1, Block 17 may have limited visibility and access points prohibit driveways on curves. 4.8 No access points should be allowed to/from Eagle Road. 5. PARKS DEPARTMENT 5.1 The Parks Department did not submit comments on this application. 6. SANITARY SERVICE COMPANY 6.1 SSC has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC CONDITIONS OF APPROVAL 7.1.1 Dedicate 60-feet ofright-of--way from the section line of Fairview Avenue abutting the parcel. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACI.1D Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The District will purchase the right-of--way which is in addition to existing right-of--way from available Corridor Preservation Funds. 7.1.2 Construct the additional third travel lane of Fairview Avenue abutting the site with pavement widening, vertical curb, and gutter. The construction of this lane is impact fee eligible and the applicant can be reimbursed for the costs associated with the construction of the third lane. Exhibit B r i 7.1.3 Construct a 7-foot attached (or 5-foot detached) concrete sidewalk on Fairview Avenue abutting the site. 7.1.4 Enter into a cooperative agreement with the District to dedicate the full right-of--way and construct Pine Avenue through the site, from Eagle Road to Nola Road, as a complete 5-lane roadway. This roadway shall be constructed as a standard 72-foot street section with vertical curb, gutter, and 7-foot attached concrete sidewalks (or 5-foot detached) within 96-feet of right- of-way. The complete 5-lane roadway with vertical curb and gutter are impact fee eligible improvements. The applicant is responsible for the cost designing and constructing the sidewalk and any landscaping improvements. 7.1.5 Construct Pine Avenue at its intersection with Eagle Road as a 7-lane roadway section to mirror the east leg of the intersection, in accordance with the submitted traffic impact study. Reconstruct the north side of Pine Avenue abutting the Blue Cross site to achieve the mirroring of the east leg, this will involve re-location of the existing curb, gutter, and sidewalk approximately 5 to 7-feet to the north. 7.1.6 Dedicate sufficient right-of--way and construct a separate right-turn lane on the eastbound Pine Avenue approach to Eagle Road. 7.1.7 Design, construct, and install a signal at the intersection of Pine Avenue and Hickory Avenue. Install the conduit and poles at the time of construction. When the signal meets traffic warrants the District will install the mast anus and signal heads. The applicant is responsible for all costs associated with the design and construction of the signal and shall pay for the cost of all of the signal equipment at the time the poles are installed. 7.1.8 Extend and construct Hickory Avenue south of Pine Avenue to intersect Commercial Court. Hickory Avenue shall be constructed as a commercial roadway (40-foot street section with vertical curb, gutter, and 5-foot concrete sidewalk) within 54-feet ofright-of--way. 7.1.9 Construct one collector roadway, Shellbrook Street, to intersect Locust Grove Road centered between the existing Shellbrook Street and Buchman Street on the west side of Locust Grove Road to create a T-type intersection. Construct Shellbrook Street as a standard 46-foot collector street section with vertical curb, gutter, and 5-foot detached (or 7-foot attached) concrete sidewalk. Re-design the large extended center island within Shellbrook Street to more clearly direct the public traffic; with the re-design there shall no longer be a public street on the northern side of the island. Coordinate the design with District Planning Review and Traffic Services staff. 7.1.10 Comply with the District's Interim Policy for converting private roadways to public standards if Commercial Court is intended to be converted to a public roadway. 7.1.11 Submit a detailed analysis of the proposed roundabouts for the State Street/Pinebridge Avenue and and the Pinebridge Avenue/Pine Avenue intersections prior to design and construction of the intersections or signature of a final plat. If the staff review of the analysis determines that a roundabout is not appropriate, further analysis will be required to determine the appropriate intersection control. 7.1.12 Construct State Avenue, Webb Avenue, Machine Avenue, and Wilson Lane as 40-foot commercial roadways within 54-feet ofright-of--way complete with vertical curb, gutter and 5- foot concrete sidewalk. 7.1.13 Construct Pinebridge Avenue to intersect Fairview Avenue in alignment with the main driveway for Oakbrook Plaza on the north side of Fairview Avenue, approximately 265-feet west of the original proposal. Construct the roadway as a collector roadway with a standard 46-foot street section with vertical curb, gutter, and 7-foot attached sidewalks within 70-feet ofright-of--way. Provide 21-foot street sections on either side of the proposed center landscape islands. Exhibit B 7.1.14 Construct two right-in/right-out only curb-return type driveways on Fairview Avenue, one located at the east property line and one located at the west property line. Install a 6-inch raised concrete median on Fairview Avenue to prevent the left-in/left-out turning movements for these driveways. 7.1.15 Construct the following curb return type driveways on Pine Avenue • Aright-in/right-out driveway located a minimum of 250-feet west of Eagle Road (measured near edge to near edge). Shift this access if it is located within the required right-turn lane of the intersection. • Afull-access driveway in alignment with Rosario Street. • Afull-access driveway on the south side of Pine centered between the Pinebridge/Pine roundabout and the Pine/Newbridge intersection. • Afull-access driveway on the south side of Pine centered between the Nola/Pine intersection and the Pine/Pinebridge roundabout. • A full access driveway on the north side of Pine in alignment with Machine Avenue. • A full access driveway on the north side of Pine in alignment with Newbridge Place. 7.1.16 Construct driveways on the following roadways in accordance with District policy: • Pinebridge Avenue • Shellbrook Street • E. State Avenue • Webb Avenue • Machine Avenue • Wilson Lane 7.1.17 Extend one stub street from the east (E. State Street) and two from the south (Webb Avenue and Machine Avenue). 7.1.18 Construct one new stub street to the west (Wilson Lane). Provide a temporary turnaround at the terminus of this stub street and install a sign stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 7.1.19 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any 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 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. Exhibit B 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. CENTRAL DISTRICT HEALTH DEPARTMENT 8.1 We have no objections to this proposal. Exhibit B • C. Legal Description & Exhibit Map DESCRIPTION FOR PINEBRIDGE OVERALL PARCEL December 26, 2006 A PARCEL OF LAND BEING PORTIONS OF THE NW '/, THE NORTH HALF OF THE SE'/ AND THE NORTH HALF OF THE SW '/ OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 8, T. 3 N., R. 1 E., B.M., ADA COUNTY, IDAHO, THENCE N 89°34'33" E 1591.59 FEET ALONG THE NORTH LINE OF SAID SECTION 8 TO A POINT: THENCE S 00°05'54" W 40.76 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF FAIRVIEW AVENUE, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION: THENCE S 89°59'07" E 867.33 FEET ALONG SAID SOUTHERLY RIGHT OF WAY TO A POINT; THENCE S 00°04'24" W 1102.70 FEET TO A POINT; THENCE N 89°36'25" E 193.77 FEET TO A POINT ON THE EAST LINE OF THE NW'/ OF SAID SECTION 8; THENCE S 00°04'01" W 1502.84 FEET TO THE SOUTHEAST CORNER~F THE NW'/<OF SAID SECTION 8; THENCE S 00°05'17" W 45.00 FEET ALONG THEW + '-'f~ EST LINE OF THE SE TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF PINE AVENUE; ALONG THE SOUTHERLY RIGHT OF WAY OF PINE AVENUE THE FOLLOWING: THENCE N 89°39'03" E 330.64 FEET TO A POINT OF CURVATURE; THENCE 164.20 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 444.28 FEET, A DELTA ANGLE OF 21 °10'34", A TANGENT OF 83.05 FEET AND A CHORD BEARING OF N 79°03'46" E 163.27 FEET TO A POINT OF TANGENCEY; 19642-OVERALLPARCEL. Exhibit C THENCE N 00°20'57" W 15.00 FEET TO A POINT; THENCE N 89°39'03" E 1683.48 FEET TO A POINT; THENCE S 00°20'57" E 33.00 FEET TO A POINT; THENCE N 89°39'03" E 353.77 FEET TO A POINT; THENCE S 44°22'51" E 22.68 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF EAGLE ROAD; LEAVING SAID SOUTHERLY RIGHT OF WAY OF PINE AVENUE AND ALONG THE WESTERLY RIGHT OF WAY OF EAGLE ROAD THE FOLLOWING: THENCE S 01°02'07" W 770.98 FEET TO A POINT; THENCE S 71°10'34" W 74.43 FEET TO A POINT; THENCE S 01°02'07" W 50.00 FEET TO A POINT; THENCE S 69°31'00" E 13.77 FEET TO A POINT; LEAVING SAID WESTERLY RIGHT OF WAY OF EAGLE ROAD: THENCE N 88°55'23" W 2423.39 FEET TO A POINT; THENCE N 00°05'17" E 97.08 FEET TO A POINT; THENCE N 89°55'00" W 13.46 FEET TO A POINT; THENCE N 44°54'55" W 42.49 FEET TO A POINT; THENCE N 00°05'17" E 48.11 FEET TO A POINT; THENCE N 89°55'00" W 6.50 FEET TO A POINT ON THE WEST LINE OF THE 5E'/ OF SAID SECTION 8; THENCE N 00°05'17" E 0.31 FEET TO A POINT; THENCE S 89°38'12" W 1329.04 FEET TO A POINT; THENCE N 00°01'11" E 331.21 FEET TO A POINT; THENCE S 89°38'43" W 657.47 FEET TO A POINT; 19642-OVERALLPAR.CEL Exhibit C THENCE N 00°00'36" E 331.45 FEET TO A POINT ON THE SOUTH LINE OF THE NW'/ OF SAID SECTION 8; THENCE N 89°38'58" E 25.01 FEET TO A POINT; THENCE N 00°00'36" E 810.68 FEET TO A POINT; THENCE N 89°59'33" W 662.38 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY OF LOCUST GROVE ROAD; THENCE N 00°00'16" E 670.41 FEET ALONG SAID RIGHT OF WAY TO A POINT; THENCE S 89°59'39" E 483.27 FEET TO A POINT; THENCE S 55°51'09" E 314.44 FEET TO A POINT; THENCE S 65°46'37" E 588.99 FEET TO A POINT; THENCE S 68°24'37" E 195.54 FEET TO A POINT; THENCE N 00°09'39" E 1189.46 FEET TO A POINT; THENCE N 89°53'28" E 100.03 FEET TO A POINT; THENCE N 00°05'54" E 435.78 FEET TO THE REAL POINT OF BEGINNING. SAID PARCEL CONTAINING 169.80 ACRES MORE OR LESS. THIS PARCEL IS SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY. MICHAEL E. MARKS, PLS N0.4998 REVI APP OVA!, BY _ _ . f MERIDIAiJ PUBLtC WnRKS DEPT. 19642-OVERALLPARCEL Exhibit C 06 05 . .S 89'34'33" W. ° ' " .285258'. N 89 34 33 E EnIRVIEw av ENUE ,06,.36'. 05 - - 0708 NW SECTION 1591.59' -~- S00'05'S4"W - w - --~--~- S89°59'07"E 867.33' CORNER SECB 40.76 ~ ' CP&F~j9381309 ~ ~ ^ I C " EXHIBIT "B" O r'") °~' N '~ ° O ~ N l o of Iv Z N ' ~ N89°53' 28"E 100.03' , I~ d' O r7 ,~ I B E1!! AP RCiVAL I ~ I uT ~ ~ ~ to ' I~ o " I to 25.00' McR1DiG.13 F:tBL;C S89°59'39"E S vac~zKS ~e~,, w `SS• o ~ 483.27' 32 s2 o9 ,07~ N89°36'25"E cl ^o A,tR, F l0 193.77' ~ co S6s 4 I o I o ~ .s9. ~ t,i m . I ~ (V O w iop~ O ~ o O p C7 0 ° z N89'59'33"W d OVERALL PARCEL ~ ( o z 662.38' 7,396,686 sq.ft. 568°24'37"E 195.54' z 25.00' 169.80 ecres o I w o o oleo ° .a ol~ °° Z I N 89'38'58" E 25.01' 2649.67' CENTER 1/4 CORNER ' 490.79' 0 7 - - - . - - - - - - Wi/4 CORNER 662.30' ~ ~ 1962.36' 500°05'17"W 330.64 ~ SECTION 8 CP&F i~302003706 ~ ~ 45.00' o o o ~ ,,°o "' p M S89°38'43"W iv °o N Z 657.47' w z N "~ ~ '- 07 08 0 ,~ N00° 7 E z o 18 17 0 31 Z ~ 589_38'12"W 1329.04' W REVISIONS PINEBRIDGE OVERALL ~~ PARCEL LEGAL --n DESCRIPTION EXHIBIT Stanle suitarrts ~. 1940 S. BONITO WAY LOCATED IN SECTION 8, T.3 N., R.1 E., B.M. suITE 140 MERIDIAN, ADA COUNTY IDAHO MERIDIAN, IDAHO 83642 , 208-288-0573 D RAWN: MEM DATE: 12/35/06 SCALE: 1=400 JOB N0. 19642 Exhibit C 05 0 0~ i cn o o~~ N 89'36'25"E 193.77' EXHIBIT "C" _S 89'ST11_w 2E44.03' FAIRVIEW AVENUE OS 04 08 09 a rn M N N I LINE TA BLE LINE LENGTH BEARING L-1 13.46 N89°55'00"W L-2 42.49 N44°54'55"W L-3 6.50 N89°55'00"W L-4 33.00 S00°20'57"E L-5 15.00 N00°20'57"W c.; `'' O o ~ o v 0 0 0 w ( ~ I v ~lz ~ - o of z 0 a 0 CURVE TABLE CURVE LENGTH RADIUS pELTA TANGENT CHORp BEARING CHORD C1 164.20' 444.28' 21'10'34" 83.05' S 79'03'46" w 163.27' I 0 0 la ~ w Z ~ o I S00°05'17"W ~ a w 45.00' ' S 89'39'03" W 2615.02' °- PINE AVENUE w 490.79' 440.75'' 08 09 330.64' L5 1683.48' L4 353.77' -1/4 C1 S44°22'51'E `~ N 22.68' -a a M ~ N OVERALL PARCEL 0100 N00'05'17"E 7,396,686 sq.ft, of ~ o N 169.80 acres ~ m - 48.11' S71°10'34"W ° I L3 7 ~ N 2 O U w M a 0 S L2 4• S01 °02'07"W o I 1 ~, ,~ N88°55'23"tM 50.00' I o -- w 242-3. 9--- -- s ~ N00°05'17" S69'31'00"E ~~ ~ oIN 97.08' 13.77 `n. o c`OO S 88'57'53" E `~ 8 09 127 oz' 0 REVISIONS PINEBRIDGE OVERALL PARCEL LEGAL Stanley C~nsuttants ~~. DESCRIPTION EXHIBIT 1940 S. BONITO WAY LOCATED IN SECTION 8, T.3 N., R.1 E., B.M. SUITE 1ao MERIDIAN, ADA COUNTY, IDAHO MERIDIAN, IDAHO 83642 208-288-0573 DRAWN: MEM GATE: 12/15/06 SCALE: i=400 JOB N0. 19642 Exhibit C DESCRIPTION FOR PINEBRIDGE ANNEXATION PARCEL 1 December 26, 2006 A PARCEL OF LAND BEING A PORTION OF THE NW'/, OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 8, T. 3 N., R. 1 E., B.M., ADA COUNTY, IDAHO, THENCE N 89°34'33" E 1591.59 FEET ALONG THE NORTH LINE OF SAID SECTION 8 TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 89°34'33" E 191.60 FEET ALONG SAID NORTH LINE TO A POINT; THENCE S 00°02'34" W 325.02 FEET TO A POINT; THENCE N 89°34'33" E 95.00 FEET TO A POINT; THENCE N 00°02'34° E 325.02 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 8; THENCE N 89°34'33" E 580.75 FEET ALONG SAID NORTH LINE TO A POINT; THENCE S 00°04'24" W 1150.10 FEET TO A POINT; THENCE N 89°36'25° E 193.77 FEET TO A POINT ON THE EAST LINE OF THE NW '/ OF SAID SECTION 8; THENCE S 00°04'01" W 622.51 FEET ALONG SAID EAST LINE TO A POINT; THENCE S 88°13'39° W 847.84 FEET TO A POINT; THENCE N 68°24'37" W 321.74 FEET TO A POINT; THENCE S 00°02'44° E 829.49 FEET TO A POINT; THENCE S 89°38'58" W 817.40 FEET TO A POINT; THENCE N 00°00'36" E 660.67 FEET TO A POINT; 19642-ANNEXATION PARCEL 1 Exhibit C THENCE N 89°59'33" W 687.38 FEET TO A POINT ON THE WEST LINE OF THE NW '/ OF SAID SECTION 8; THENCE N 00°00'16" E 670.41 FEET ALONG SAID WEST LINE TO A POINT; THENCE S 89°59'39" E 508.27 FEET TO A POINT; THENCE S 55°51'09" E 314.44 FEET TO A POINT; THENCE S 65°46'37" E 588.99 FEET TO A POINT; THENCE S 68°24'37" E 195.54 FEET TO A POINT; THENCE N 00°09'39" E 1189.46 FEET TO A POINT; THENCE N 89°53'28" E 100.03 FEET TO A POINT; THENCE N 00°05'54" E 476.54 FEET 70 THE REAL POINT OF BEGINNING. SAID PARCEL CONTAINING 69.47 ACRES MORE OR LESS. THIS PARCEL IS SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY. R pPRbYAL ~~--- " EidIDIJaN PU$LIC V~'C~pKS DEPT. MICHAEL E. MARKS, PLS N0.4998 19642-ANNEXATION PARCEL 1 Exhibit C • EXHIBIT "B" 06 05 S 89'34'33" W 07 OS -1591.59'-~ ~~ I N v N .~ I~ NI m `~ 58959'39"E 508.27' SSSS~. x,44 O9F 4 S65 4 ° I° se99~` W ~ ~ 568'24'37"E ~ 195.54' ~" N89~59'33"W ~ 687.38' 0 J w ~~ w 0~m 0 ~ ~ o' ~ ~ oIrn ono o ~ z o• ~ 0 zI S89'38'S8"W ~ 817.40' N 89'38'58" E 687.31' 2652.58' 1/4 CORNER FAIRVIEW AVENUE 05 191.60' _ _ 580.75' 193.64' 8 ~ N O . - ~ n n N00'02'34 E 325.02 I I ~ N89'34'34"E 95.00 o I of ~ '~ ~ o N89'S3'28"E N o 0 I 100.03' °o ~ o N~ I N ANNEXATIpN PARCEL 1 ' 3,025,929 sq.ft. I 69.46 acres N89'36'25"E ' 193.77 3 ' p cV N O ~ ~ w ~43).. ~ S88~13'39"W 21, ) , 4 847.84' M O o m z kevl P Rovnr,. BY ( N1 IC 1 I KS OEPT. VJ R I """"'"" PINEBRIDGE ANNEXATION PARCEL ONE (1) Stanley Consultants ~N~ LEGAL DESCRIPTION EXHIBIT 1940 S. BONITO WAY LOCATED IN SECTION 8, T.3 N., R.1 E., B.M. suITE too MERIDIAN, ADA COUNTY, IDAHO MERIDIIW, IDAHO 83642 208-288-0573 DRAWN: MEM DATE: 12/15/06 SCALE: NTS JOB N0. 19642 Exhibit C • . DESCRIPTION FOR PINEBRIDGE ANNEXATION PARCEL 2 December 26, 2006 A PARCEL OF LAND BEING A PORTION OF THE SW'/e OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SW'/ OF SECTION 8 (WEST'/< CORNER), T. 3 N., R. 1 E., B.M., ADA COUNTY, IDAHO, THENCE N 89°38'58" E 662.30 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 89°38'58° E 1987.37 FEET TO THE NORTHEAST CORNER OF THE SW'/ (CENTER'/< CORNER) OF SAID SECTION 8; THENCE S 00°05'17" W 662.33 FEET ALONG THE EAST LINE OF SAID SW'/< TO A POINT; THENCE S 89°38'12" W 1329.06 FEET TO A POINT; THENCE N 00°01'11" E 331.21 FEET TO A POINT; THENCE S 89°38'43° W 657.47 FEET TO A POINT; THENCE N 00°00'36" E 331.45 FEET TO THE REAL POINT OF BEGINNING. SAID PARCEL CONTAINING 25.22 ACRES MORE OR LESS. THIS PARCEL IS SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY. 8Y VIE P1= L `Via _ "EkiDiF,~' ?~.EU'. ~'^F,KS DE?r 19642-ANNEXATION PARCEL 2 Exhibit C • EXHIBIT "C" N 2 O U 0 O oslos FAIRVIEW AVENUE , ~/g_coRHex 07~p.8.. -_ S 89'34'33° W ~-_ ~ 2652.58' r~;q8' Z I ~ z r•- o a 0 C °• I (A ~ m I ANNEXATION ~ PARCEL 1 IT I I ~ m J I~ o ~ Iw N D N __ O •A 07 08 CENTER 1 2649.67' /4 ~~ . ~~ z 7987.37' 0 u o o ~ o A N ' N ~ N O ~~ m ANNEXATION PARCEL 2 S8~'38'4~"W ~ N ssza7• 1,098,607 sq.ft. u zo W g 25.22 acres a ~a iV DO rm p ~L._.__. _ _ ` ~ 58938'72°W 1329.04' I O~1 N LAYNE INDUSTRIAL PARK N'o A W O 5Y Vf CVAL I~^pNS .ri~FT REVISIONS PINEBRIDGE ANNEXATION `~ PARCEL TWO (2) Stanley Consultants ~~. LEGAL EXH181T 1940 5. BONITO WAY LOCATED IN SECTION 8, T.3 N., R.1 E., Q.M. SUITE 140 MERIDIAN, ADA COUNTY, IDAHO MERIDIAN, IDAHO 83642 208-288-0573 DRAWN: MEM DATE: 12/15/06 SCALE: 1" =400' J08 N0. 19642 Exhibit C • • DESCRIPTION FOR PINEBRIDGE REZONE PARCEL 1 December 26, 2006 A PARCEL OF LAND BEING A PORTION OF THE SE'/ OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SE'/. (EAST'/ CORNER) OF SECTION 8, T. 3 N., R. 1 E., B.M., ADA COUNTY, IDAHO, THENCE S 89°39'03" W 440.75 FEET ALONG THE NORTH LINE OF THE SE '/ TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 00°20'57" E 33.00 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF PINE AVENUE; THENCE N 89°39'03" E 353.77 FEET ALONG SAID SOUTHERLY RIGHT OF WAY TO A POINT; THENCE S 44°22'51" E 22.68 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF EAGLE ROAD; ALONG THE WESTERLY RIGHT OF WAY OF EAGLE ROAD THE FOLLOWING: THENCE S 01°02'07" W 770.98 FEET TO A POINT; THENCE S 71°10'34" W 74.43 FEET TO A POINT; THENCE S 01°02'07" W 50.00 FEET TO A POINT; THENCE S 69°31'00" E 13.77 FEET TO A POINT; LEAVING SAID WESTERLY RIGHT OF WAY OF EAGLE ROAD: THENCE N 88°55'23" W 2423.39 FEET TO A POINT; THENCE N 00°05'17" E 97.08 FEET TO A POINT; THENCE N 89°55'00" W 13.48 FEET TO A POINT; 19642-REZONE PARCEL 1 Exhibit D • THENCE N 44°54'55" W 42.49 FEET TO A POINT; THENCE N 00°05'17" E 48.11 FEET TO A POINT; THENCE N 89°55'00" W 6.50 FEET TO A POINT ON THE WEST LINE OF THE SE'/, OF SAID SECTION 8; THENCE N 00°05'17" E 617.64 FEET ALONG SAID WEST LINE TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF PINE AVENUE; ALONG THE SOUTHERLY RIGHT OF WAY OF PINE AVENUE THE FOLLOWING: THENCE N 89°39'03" E 330.64 FEET TO A POINT OF CURVATURE; THENCE 164.20 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 444.28 FEET, A DELTA ANGLE OF 21°10'34", A TANGENT OF 83.05 FEET AND A CHORD BEARING OF N 79°03'46" E 163.27 FEET TO A POINT ON A CURVE; THENCE N 00°20'57" W 15.00 FEET TO A POINT; THENCE N 89°39'03° E 1683.48 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. SAID PARCEL CONTAINING 49.64 ACRES MORE OR LESS. THIS PARCEL IS SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY. kEViEW ROvHL C\' l~~ reKC ~_EL1C ~~FT' 19642-REZONE PARCET I Exhibit D EXHIBIT "E~" CENTER 1/4 CORNER PINE AVENUE 1/4 CORNER N 89'39'03" E 2615.02' 440.75' 08 09 00' 49 _ 1683 48 ' 330.64' . ' " 353.77' N 89'39'03" E Cl N00'20 57 W N 89'39'03" E 15.00 S0 0'20'S7"E S 44'22'51"E I- ~ 33.OD' 22.68' 3 ~~ REZONE PARCEL 1 o~ml-o^o a 2,162,334 sq.ft. o'er o w L3 N00'O5'17"E 49.64 acres ~ ^ ~ N L2 48.11' 871'10'34"W ~ o o L1 74.43' o N00'O5'17"E 501'02'07"W Z 97.08 . ~ ~,,,`~ ~ ~88'S5'23"W 50.00' I ~ ~ 2423.39' ~ ~ . ~ S '31'00" D o I ~ 13.77' ~ o ~ N 0 S 88'57'53" E a `O 127.02' w l ~ 1/16 CORNER I i~ ~ M f~ ~ I O N O v Nlt ~~ GVa.;, -------.__ o ~ cn Og FRANKLIN ROAD S 89'39'17" W 08 09 LCCRIDihIJ PU6lIC ~ ~ ~ ~~ ~ ~ ~ ~• ° ~ "'RKS GEP7• 1/4 CORNER 2570.96' 17 16 LINE TABLE LINE LENGTH BEARING L-1 13.46 N89°55'00"W L-2 42.49 N44'S4'55"W L-3 6.50 N$9'S5'00"W CURVE TABLE CURVE LENGTH RADIUS DELTA TANGENT CHORD BEARING CHORD C7 164.20' 444.28' 21'10'34" 83.05' S 79'03'46" W 163.27' z 0 V REVISIONS pINEBRIDGE REZONING j PARCEL (1) LEGAL Stanley Consultants ~. DESCRIPTION EXHIBIT 1940 s. eoNrro WAY LOCATED IN SECTION 8, T.3 N., R.1 E., B.M. SUITE 140 MERIDIAN, ADA COUNTY, IDAHO MERIDIAN, IDAHO 83642 208-288-0573 a 0 .°a MEM DATE: 12/15/06 I SCALE: 1=400 ~B N0. 19642 Exhibit D DESCRIPTION FOR PINEBRIDGE REZONE PARCEL 2 December 26, 2006 A PARCEL OF LAND BEING A PORTION OF THE NW'/a OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NW '/. OF SECTION 8 (WEST'/ CORNER), T. 3 N., R. 1 E., B.M., ADA COUNTY, IDAHO, THENCE N 89°38'58° E 687.31 FEET ALONG THE SOUTH LINE OF THE NW '/ TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION: THENCE N 00°00'36" E 150.00 FEET TO A POINT; THENCE N 89°38'58° E 817.40 FEET TO A POINT; THENCE N 00°02'44° W 829.49 FEET TO A POINT; THENCE S 68°24'37° E 321.74 FEET TO A POINT; THENCE N 88°13'39° E 847.84 FEET TO A POINT ON THE EAST LINE OF SAID NW'/<; THENCE S 00°04'01° W $80.32 FEET TO THE SOUTHEAST CORNER OF SAID NW'/a; THENCE S 89°38'58° W 1962.36 FEET TO THE REAL POINT OF BEGINNING. SAID PARCEL CONTAINING 26.03 ACRES MORE OR LESS. THIS PARCEL 1S SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY. REVI AP VAL BY MERIDIAN PUBLIC WaRKS DEPT. 19642-REZONE PARCEL 2 Exhibit D ~ ~ EXHIBIT "C;'' ~~ 0708 r o I n c N . c~ z Q < . m ~ I 0 D v I PINE AVENUE N89'38'58"E 687.31' ~~a..~ FAIRVIEW AVENUE os - ~ 1 ~ •~ ~• ~ ~ ~ ~ 1/4 CORNEF ,~ ~' o 00 o ~,,; o_ o, ri N89' 81 3'39"E 7.84' ~ I.A o REZONE PARCEL 2 0~0 1,133,930 sq.ft. N~o 26.03 ocres ~ 38'58"E 7.40' S89~38~58"W CENTER 7/4 CORNER . . ~~ 1ss2.3s' i J VI Z O ~ REVisio+vs PINEBRIDGE REZONING ~~~ PARCEL (2) LEGAL Stanle-~ sultants ~N~. O DESCRIPTION EXHIBIT 1940 S. BONITO WAY LOCATED IN SECTION 8, T.3 N., R.1 E., B.M. suiTE X40 MERIDIAN, ADA COUNTY, IDAHO MERIDIAN, IDAHO 83642 a 208-288-0573 0 DRAWN: MEM DATE: 12/26/06 SCALE: 1=400 JOB N0. 19642 Exhibit D D. Required Findings from Unified Development Code 1. Annexation and Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to C-G. The City Council fords that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; If the applicant enters into a development agreement with the city, the City Council fords that future development of this property will comply with the established regulations and purpose statement of the C-G zone. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this fording. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment should not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (iJDC 11-5B-3.E). If the applicant enters into a development agreement with the City, the City Council finds that the annexation of this property is in the best interest of the City as it meets the intent of the Comprehensive Plan. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. Staff generally supports the proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. Public services are available or can be made available and are adequate to accommodate the proposed development; Exhibit D The City Council fmds that public services can be made available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 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 City 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 recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. f. The development preserves significant natural, scenic or historic features. Staff is unaware of any natural or scenic features on this site. However, there are several old structures located at the corner of Nola and Pine that may be classified as historical structures. The City Council finds that the Applicant should meet with the Historic Preservation Commission to determine if these structures should be preserved. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. 3. Variance Findings: The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-5B-4.E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: a. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: In addition to Pine Avenue/Street, the applicant is proposing to use two other access points to Eagle Road. If the City Council grants the two proposed access points on Eagle Road/SH55, it would grant a right that is currently prohibited not only in the C-G zone but for all new development adjacent to state highways. Several public access points are available to this site from N. Locust Grove Road and E. Fairview Avenue and an access point via E. Pine Avenue already exists to SH 55. Therefore, Staff does not find that the request is consistent with UDC 11-SB-4E-1 and this finding does not apply to the subject property. However, the City Council does find Exhibit D • that the Applicant's request is consistent with UDC 11-SB-4E1 and approves the access point to Eagle Road from Commercial Street. (Note: The applicant withdrew the Variance request for the proposed access point to Eagle located between Commercial and Pine.) b. The variance relieves an undue hardship because of characteristics of the site; Council finds that the location of this site, being on a major arterial, justifies an access point being constructed to Eagle Road/SH 55. c. The variance shall not be detrimental to the public health, safety, and welfare. It is important to limit access points on major roads such as highways, as their main function is to move traffic over longer distances at higher speeds. This means separating access points on said roads so that turning movements occur at fewer locations. Frequent access points do increase congestion. And as traffic congestion increases, so does the likelihood of traffic conflict and the potential for accidents. Council fmds that granting the proposed access point to Eagle from Commercial will not be detrimental to the public health, safety, and welfare and is approved. NOTE: The applicant withdrew the Variance request for an access point to Eagle Road proposed between Commercial and Pine. Exhibit D • November 2, 2007 PP 07-008 MERIDIAN CITY COUNCIL MEETING November 7, 2007 APPLICANT Stanley Consultants ITEM NO. 5-I REQUEST Findings for Approval -Preliminary Plat approval of 61 building lots and 21 common lots on 170 +/-acres in a proposed C-G zone for Pinebfidge -south of East Fairview Ave, east of North Locust Grove Rd and West of North Eagle Rd. AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached Flndings ~'1 U ~ OTHER: Contacted: Date: Phone: Emailed: Staff Initials- Matedals presented at public meetings shall become properly of the Clfy of Merldlan. -- - ._. F ~ q- CITY OF MERIDIAN E IDIAN~~~-- FINDINGS OF FACT, CONCLUSIONS OF LAW AND ~ ~ ~ ~-; DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 94.69 acres from Rl and RUT (Ada County) to C-G (General Retail & Service Commercial) District; Rezone of 75.67 acres from I-L (Light Industrial) District to C-G (General Retail & Service Commercial) District; Preliminary Plat of 61 building lots and 21 common lots on 170 +/- acres; and Variance for two access points to N. Eagle Road, by Stanley Consultants. Case No(s). AZ-07-006, RZ-07-010, PP-07-008, and VAR 07-007 For the City Council Hearing Date of: October 16, and 23, 2007 (Findings on the November 7, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 23, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 23, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 23, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 23, 2007, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-3 82 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-07-006, RZ-07-010, PP-07-008, VAR-07-007 -1- • 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Descriptions, Preliminary Plat, Conditions of Approval, and Development Agreement provisions, all in the attached Staff Report for the hearing date of October 23, 2007, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The Applicant's Annexation and Zoning request, as evidenced by having submitted the legal description and exhibit map, stamped. and dated February 5, 2007, by Michael Marks, PLS, is hereby conditionally approved; 2. A Development Agreement is required with approval of the subject Annexation & Zoning application and shall include the provisions noted in the attached Staff Report for the hearing date of October 23, 2007, incorporated by reference; 3. The Applicant's Rezone request, as evidenced by having submitted the legal description and exhibit map, stamped and dated February 5, 2007, by Michael Marks, PLS, is hereby conditionally approved; 4. The Applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated 3/5/07 is hereby conditionally approved; and, 5. The Applicant's Variance request for an access point to Eagle Road/SH 55 from Commercial Street is hereby approved; 6. The Applicant withdrew the Variance request for an access point to Eagle Road proposed between Commercial Street & Pine Avenue; and 7. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of October 23, 2007, incorporated by reference. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-006, RZ-07-010, PP-07-008, VAR 07-007 -2- • D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of October 23, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-006, RZ-07-010, PP-07-008, VAR-07-007 -3- By action of the City Council at its regular meeting held on the ~'' da of 2007. y COUNCII, MEMBER DAVID ZAREMBA VOTED_ 1~~~ COUNCIL MEMBER JOE BORTON VOTED__~~~~P"J COUNCIL MEMBER CHARLIE ROUNTREE VOTED__Z~I~ COUNCIL MEMBER KEITH BIRD VOTED_~~~~-, TIE BREAKER ~ MAYOR TAMMY de WEERD VOTED MAYOR T de WEERD ATTEST: \`° ~~ ;_, ~~ °. s '~ ~ g -~s ~ _ ~ ~©y ~~ ~c~ LIAM G. BERG, JR., C CL RK ~ ~, ~~ ~ ss~OP/ ~~ ®°`~`~ Copy served upon: ~ Applicant '°°~, °.>° -.~~ Planning Department ~'r---i oin~~sN~` _~ Public Works Department ~, City Attorney By' Dated: 1 ~ • ~'~'° O ~l City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-006, RZ-07-010, PP-07-008, VAR 07-007 -4- CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF OCTOBER 23, 2007 STAFF REPORT HEARING DATE: October 23, 2007 (Continued from September 18, October 2, and October 16, 2007) TO: Mayor & City Council FROM: Sonya Wafters, Associate City Planner ~ IDIAN~-- (208) 884-5533 ~~AH~ SUBJECT: Pinebridge • AZ-07-006 Annexation and Zoning of 94.69 acres from Rl and RUT (Ada County) to C- G (General Retail & Service Commercial) District • RZ-07-010 Rezone of 75.67 acres from I-L (Light Industrial) District to C-G (General Retail & Service Commercial) District • PP-07-008 Preliminary Plat of 61 building lots and 21 common lots on 170 +/- acres • VAR-07-007 Variance for two access points to N. Eagle Road 1. SiJNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Stanley Consultants, has applied for Annexation and Zoning (AZ) of 94.69 acres from Rl and RUT (Ada County Zones) to C-G (General Retail and Service Commercial) District; Rezone (RZ) of 75.67 acres from I-L (Light Industrial) District to C-G Zone; Preliminary Plat (PP) consisting of 61 commercial building lots and 21 common lots on 170 +/- acres; and a Variance (VAR) for two access points to N. Eagle Road. As part of the AZ & RZ applications, the applicant has submitted a conceptual site plan showing the proposed uses and layout of the development along with conceptual building elevations of some of the proposed buildings. The Pinebridge development is proposed to consist of approximately 3,000,000 square feet of commercial, light office, and multi-family residential uses and a medical campus. Buildable lots for the proposed subdivision range in size from 0.43 of an acre to 13.62 acres. The proposed development will also result in the extension of E. Pine Avenue between Locust Grove and Eagle Road, which will serve as the primary east/west connection for the proposed development. The proposed Pinebridge Avenue will serve as the primary north/south connection between Fairview Avenue and Pine Avenue. Two roundabouts are proposed for Pinebridge Avenue and Pine Avenue; one is proposed for the intersection of Pine Avenue and Webb Avenue and a second one is proposed for the intersection of Pinebridge Avenue and E. State Avenue. Across-access agreement(s) will be provided for the development to allow for shared parking. A Variance is requested for two access points to Eagle Road; the first access request is for the continued use of an existing access point on Commercial Street that has been used by Elixir, and the second request is for a new access point which will be located on Eagle Road halfway between Pine and Commercial. The VAR for access points are required due to a change in use of the property and because the locations proposed do not comply with the spacing requirements of the UDC. The overall site consists of approximately 170 acres and is located on the south side of E. Fairview Avenue, on the east side of N. Locust Grove Road, on the west side of N. Eagle Road, and on the Pinebridge AZ RZ PP VAR PAGE 1 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF OCTOBER 23, 2007 north side of E. Commercial Street. The subject property is within the City's Area of Impact and the Urban Service Planning Area. Part of the subject property, 75 acres, is already annexed into the City. The remainder, 95 acres is still zoned in the County. 2. SUMMARY RECOMMENDATION The subject applications (AZ, RZ, PP, & VAR) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning, Rezone, Preliminary Plat, and Variance applications. Staff is recommending approval of the proposed AZ, RZ, & PP applications but is recommending denial of the VAR request per the conditions listed in Exhibit B of the Staff Report, based on the Findings in Exhibit D of this report. (The Commission is not required to make a recommendation to City Council on the Variance request.) The Meridian Planning & Zoning Commission heard these items on May 17 June 21 Julv 19 and August 16.2007. At the public hearing on August 16 2007 they moved to recommend approval to the Citv Council of the subiect AZ, RZ, and PP request a. Summary of Commission Public Hearing: i. In favor: Dan Torfin, DMB Investments; Jack Cortabitarte ii. In opposition: None iii. Commenting• None iv. Written testimony: None v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: Caleb Hood lz. Kev Issue(s) of Discussion by Commission: i. The timeline of the extension of Pine Avenue to Locust Grove Road• ii. The existence of historical structures on the property and what the Applicant intends on doing with them; iii. The location of the 10-foot wide multi-use nathway required by the Master Pathways Plan through the site: iv. The requirement for a final plat to be signed Hrior to issuance of any occupancy Hermits on the site; v. Requiring the Applicant to provide cross-access to adiacent industrial properties• ~. Kev Commission Change(s) to Staff Recommendation• i. Add a condition that Pine Avenue be extended to Locust Grove Road prior to issuance of any Certificate of Zoning Compliances for buildings that would require access from Pine Avenue; ii. Modify condition 1.1.3 in Exhibit B, regarding structures being built adiacent to roadways with parking to the rear and sides of the structures to the "maiority" of parking to the rear and sides of the structures. iii. Modify condition 1.2.6 in Exhibit B, regarding cross-access and driveway stubs to not require cross-access to the Elliott Group and H2NR parcels but require emergency access to be provided to the H2NR parcel at the southeast corner• still require cross-access to the Cortabitarte and Belair parcels• iv. On condition 2.14 in Exhibit B, include the provisions of the UDC that allow for the possibility of a waiver for the requirement of covering waterways that cross the property. v. Strike condition 4.3 in Exhibit B. which limits shrubs and bushes to species that do not exceed 2 feet in height. to allow these issues to be reviewed on a case by case basis by Staff through the Certificate of Zoning Compliance process• Pinebridge AZ RZ PP VAR PAGE 2 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 vi. Modify condition 4.6 in Ezhibit B which restricts the Pinebrid~e/Fairview intersection access point to a right-in/ri~ht-out only to require that the design of this intersection be subiect to ACHD approval• sl. Outstanding Issue(s) for City Council• i. Historic Preservation Commission should provide a recommendation to the City Council re~ardin~ the historic structures on the site• Applicant should also address at the City Council hearing the information obtained from the State Historic Preservation office as well (Note• Lila Hill subnutted comments on this as follows: the barn is appro~mately 67 years old• the sranarv was moved there in about 1935 and is too eroded to save• the shed was ori~inally a chicken house and is 75 years old: and the house was built in 1906 by the Howry brothers) The Council should consider the comments from Lila Hill and any additional comments from the HPC to determine if any of the buildings should be preserved. ii. The Commission requested that the Applicant and Staff work together to come up with a condition that would allow for occupancy permits to be issued prior to plat recordation. Staff met with the Applicant and came up with the following condition: "Where there are e~stin~ utilities and where the surroundine public roads are fined, the Applicant shall be allowed up to 7 occupancy permits prior to final plat recordation. The Planning Director and the Development Services Manager may consider allowing additional occupancy permits (not to ezceed 13) if the administration of the previous 7 seems to be efficient and in the City's best interest." Staff has added this as condition #1.2.11 in Ezhibit B. iii. Blue Cross of Idaho has eznressed concern to the Planning Department regarding access to their property once Pine Avenue is widened The Applicant is working with ACRD and BCI to resolve the access issue Staff is unaware of the outcome of those negotiations. This is the main reason the proiect was continued the last time. Pinebridge AZ RZ PP VAR PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 Vl. ithdrawal of the Varian F' ~Y'1111pct fnY t~1P art~aec nnint to Ti a.rl D d 1. ~-.~ ommercial and Pin .~ KeV COUnCII ~haT4pR to Ctaff~f nmmiceinn Rpcnmmpndatlon 1. OdifV COII itlon #1.2.10 reaardina the 1~iminn OCUSt rove Road to nrlor n icc.anrp of anv Prtifi~atp of ~ cnnanev er than Certifica a of 7.nnin [''omn fiance for b ~ildin c tha would rea sire acce from Pine Avenue 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers A2-07- 006, R~07-010, PP-07-008, & VAR-07-007 as presented in staff report for the hearing date of October 23, 2007, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-07- 006, RZ-07-010, PP-07-008, & VAR-(Y7-007 as presented during the hearing on October 23, 2007, for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance I move to continue File Numbers AZ-07-006, RZ-(17-010, PP-07-008, &VAR-07-007 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: South of E. Fairview Avenue, East of N. Locust Grove Road, west of N. Eagle Road, and north of E. Commercial Street (see page 2 of application for specific parcel numbers). Section 8, Township 3 North, Range 1 East b. Owner: DMB Management, LLC 250 S. Beechwood, Ste. 120 Boise, Idaho 83709 c. Applicant: Stanley Consultants 1940 S. Bonito Way, Suite 140 Meridian, ID 83642 d. Representative: Michael Wilson, Stanley Consultants e. Present Zoning: Rl (Ada County), RUT (Ada County), C-G (General Retail and Service Commercial), and I-L (Light Industrial) f. Present Comprehensive Plan Designation: Mixed Use -Community, Mixed Use -Regional, and Industrial g. Applicant's StatementlJustification: From Applicant's narrative submitted with application, "Pinebridge Subdivision will provide the City of Meridian with high quality commercial uses, Pinebridge AZ RZ PP VAR PAGE 4 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 offices, multi-family residential development, and a proposed medical campus. Approximately 3,000,000 square feet of residential, commercial, and light office uses are proposed for Pinebridge. The large scale of the proposed development will result in significant job creation and property tax revenue for the City of Meridian. The proposed development will also result in the construction of the extension of E. Pine Avenue between Locust Grove and Eagle Road; this extension will provide a critical road connection for the City of Meridian... The proposed multi- family residential component of Pinebridge will help to add to Meridian's diversity of housing types by adding multi-family housing to a housing inventory that is made up primarily of single- family residential development... Pinebridge Subdivision will be an innovative, vibrant, mixed- use development which will provide quality commercial and office development, a medical campus, and multi-family housing." (See applicant's narrative for more information.) 5. PROCESS FACTS a. The subject application will in fact constitute an Annexation and Zoning as determined by City Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is required before the Commission and City Council on this matter. b. The subject application will in fact constitute a Rezone as determined by City Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is required before the Commission and City Council on this matter. c. The subject application will in fact constitute a Preliminary Plat as determined by City Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is required before the Commission and City Council on this matter. d. The subject application will in fact constitute a Variance as determined by City Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is required before the City Council on this matter. e. Newspaper notifications published on: Apri130, 2007 and May 14, 2007 (Commission); Au~ttst 27.2007 and Seutember 10, 2007 (City Council) f. Radius notices mailed to properties within 300 feet on: Apri120, 2007 (Commission); August 24.2007 (Gifu Council) g. Applicant posted notice on site by: August 6, 2007 (Commission); Seutember 27, 2007 (City Council 6. LAND USE a. Existing Land Use(s): There are a few existing single-family homes and associated outbuildings on this site but the site primarily consists of vacant land. b. Description of Character of Surrounding Area: The area surrounding this site consists primarily of industrial uses and vacant undeveloped land with some office and commercial uses, with a multi-family development to the north of the site. c. Adjacent Land Use and Zoning: North: Commercial uses, zoned C-G; Vacant undeveloped property, zoned RUT (Ada County); multi-family residential development, zoned R-40; Industrial, commercial, & office uses, zoned I-L 2. East: Industrial, commercial & office uses and undeveloped property, zoned I-L; Commercial property, zoned C-G 3. South: Industrial property, zoned I-L; offices, zoned L-O; school, zoned L-O Pinebridge AZ RZ PP VAR PAGE 5 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF OCTOBER 23, 2007 4. West: Industrial property, zoned I-L; Vacant ground, zoned RUT in Ada County; Commercial property, zoned C-G; residential property, zoned R-8 and R-40 d. History of Previous Actions: • The northern portion of this property was previously platted in Ada County as part of Pleasant Valley Subdivision; a very small southern portion was platted as part of Gemtone Center Subdivision No. 5; and the rest has not been previously platted. • A development application was previously submitted for Pinebridge in 2005 (AZ-OS-013, PP- OS-015, & CUP-OS-020) that included all of the subject properly except for the portion east of N. Machine Avenue. This previous application was withdrawn by the Applicant. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: This property is proposing to sewer to mains located in Locust Grove Road, East Fairview Ave and East Pine Ave. Location of water: This property is proposing water service to mains located in Locust Grove Road, East Fairview Ave and East Pine Ave. Issues or concerns: None 2. Canals/Ditches Irrigation: There are a few irrigation ditches and drains that traverse through or adjacent to this site. All open irrigation ditches, laterals and canals, should be tiled when this property develops. 3. Hazards: The Planning Department is not aware of any hazards associated with this property. 4. Proposed Zoning: C-G (General Retail and Service Commercial) 5. Size of Property: 170 +/- acres f. Landscaping 1. Width of street buffer(s) adjacent to: E. Fairview Avenue: N. Locust Grove Road: E. Pine Avenue: N. Eagle Road: Pinebridge Avenue: E. Commercial Street E. Wilson Lane: E. State Street: E. Shellbrook Drive: N. Webb Avenue: N. Machine Avenue: 25 feet (principal arterial) 25 feet (minor arterial) 25 feet (minor arterial) 35 feet (principal arterial & entryway corridor) 20 feet (collector) 20 feet (collector) 20 feet (collector) 10 feet (local) 10 feet (local) 10 feet (local) 10 feet (local) Note: UDC Table 11-2B-3 lists the required street buffer widths for the following street classifications: Street landsca a buffer (in feet) Local 10 Collector 20 Arterial 25 Pinebridge AZ RZ PP VAR PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF OCTOBER 23, 2007 Entryway corridor 35 If the sheet classification of any of the above-listed streets is incorrect, please refer to the table above for the correct buffer width. Street buffers shall be constructed in accordance with the standards listed in UDC 11-3B-7C, Landscape Buffers along Streets. 2. Width of buffer(s) between land uses: A 25-foot wide buffer is required adjacent to all residential uses. Buffers shall be constructed in accordance with the standards listed in UDC 11-3B-9C. 3. Common open space: NA (Common open space will be required with CUP approval of the multi family residential portion of the development, per UDC 11-4-3-27C.) g. Amenities: NA (Amenities will be required with CUP approval of the proposed multi family residential portion of the development, per UDC 11-4-3-27D.) h. OfF Street Parking: One off-street parking space is required for every 500 square feet of gross floor area in commercial districts, per UDC 11-3C-6B. (See UDC 11-3C-6for required number of off-street parking spaces for residential use.) i. Required Dimensional Standards for the C-G zone: Front setback: 0 Rear setback: 0 Interior side setback: 0 Maximum building height: 65 feet Maximum building size without design standard approval: 200,000 square feet (See UDC 11-4-3-27B for specific dimensional standards for Multi family Residential Use) j. Summary of Proposed Streets and/or Access: Access to the proposed development will primarily be provided from E. Fairview Avenue via Pinebridge Avenue, and N. Eagle Road & N. Locust Grove Road via Pine Avenue. The applicant is proposing to construct Pinebridge Avenue south from E. Fairview Avenue and extend E. Pine Avenue to the west from N. Eagle Road to N. Nola Road, which will serve as the primary access points into the development. Pinebridge Avenue will be constructed within 64 feet ofright-of--way with a 46-foot wide street section (measured back to back), curb, gutter, and a 7-foot wide attached sidewalk. Pine Avenue will be constructed within 96 feet of right-of--way with a 72-foot wide street section (measured back to back), curb, gutter, a 5-foot wide planter, and detached 5-foot wide sidewalk. East Wilson Lane is proposed to stub to the west at the northern portion of the development for future connection to the existing Wilson Lane west of the site. East State Street is proposed to connect to the east to an existing segment of State Street. North Webb Avenue and North Machine Avenue are proposed to connect to the south to existing segments of these streets. North Newbridge Place will be constructed to the south from E. Pine Avenue to provide access to Lots 4 & 5, Block 2. East Shellbrook will provide access from N. Locust Grove Road to the proposed multi-family portion of the development and connect to Pinebridge Avenue. Commercial Court (an existing private road) runs along the south boundary of the site. Across-access agreement will be recorded for Pinebridge to allow for shared parking. Staff is generally supportive of the proposed street system within the development with the comments and conditions stated in Section 10, Analysis, and Exhibit B of this report. However, Staff is not supportive of the access points proposed on Eagle Road/SH 69 (see Section 10, Analysis, below for more information). Pinebridge AZ RZ PP VAR PAGE 7 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 7. COMMENTS MEETING On Apri127, 2007 a joint agency and department meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. S. COMPREHENSIVE PLAN POLICIES AND GOALS A majority of the subject property is designated "Mixed Use -Community" (MU-C) and "Mixed Use - Regional," (MU-R) with a 1.5 acre portion designated as "Industrial" on the Comprehensive Plan Future Land Use Map. The proposed C-G zoning district is compatible with the afore-mentioned Mixed Use designations but is not compatible with the Industrial designation. The Comprehensive Plan (page 98) states that "the areas depicted on the Future Land Use Map are conceptual and, therefore, will require further analyses prior to the creation of a zoning map." Staff believes that a map amendment is not necessary for the industrial designated property and that the requested C-G zone and commercial use of this property would be more appropriate because of the property's size (1.5 acres) and proximity to Mixed Use designated land. Per Chapter VII of the Comprehensive Plan, the Mixed Use land use category contains five sub- categories. "Generally, the mixed-use designation will provide for a combination of compatible land uses that are typically developed under a master or conceptual site plan. The purpose of this designation is to identify key areas which are either infill in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities are encouraged. The intent of this designation is to offer the developer a greater degree of design and use flexibility." The MU-C category allows for residential densities of 3 to 15 units per acre. Sample uses in this category also include: grocery stores, drug stores, coffee/sandwich shops, dry cleaner/Laundromat, professional offices, retaiUgift shops, clothing stores, garden centers, restaurants, banks, drive-thru facilities, auto service stations, department stores, medicaUdental clinics, schools, parks, churches, public uses, clubhouses, hardware stores, salons, and daycares. The MU-R category allows for residential densities of 3 to 40 units per acre. This category includes all of the afore-mentioned uses allowed in the MU-C category and also includes entertainment uses, major employment centers, and clean industry. Staff fords the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the subject property in the following manner: - Sanitary sewer and water service will be extended to the project at the developer's expense. - A portion of the subject lands currently lies within the jurisdiction of the Meridian Rural Fire District and a portion lies within the jurisdiction of the Meridian City Fire Department. Once annexed the lands that are currently in the County will be under the jurisdiction of the Meridian City Fire Department, who shares resource and personnel with the Meridian Rural Fire Department. - The portion of the subject property that is currently in the County is under the jurisdiction of the Ada County Sheriff's Office. The portion that is currently in the City is Pinebridge AZ RZ PP VAR PAGE 8 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 under the jurisdiction of the Meridian Police Department (MPD). Once the County portion is annexed, all of the lands will be serviced by the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACID) except for N. Eagle Road (SH SS), which is owned and maintained by the Idaho Transportation Department (ITD). This service will not change. - The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. - The subject lands are currently serviced by the Meridian Library District. This service will not change. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VII, Goal I, Objective B -Plan for a variety of commercial and retail opportunities within the Impact Area. The applicant plans to develop the property with a mix of multi family residential, light office, and retail uses, with a medical campus. The proposed use of the property will provide a variety of uses in this area of the City. • Chapter IV, Goal II -Diversify economic base of City -make Meridian more than a "bedroom" community. Per the Applicant's narrative, the proposed Pinebridge development is planned to add approximately 3, 000, 000 square feet of commercial, residential, and office development to the City and help to diverse the economic base of the City. • Chapter VI, Goal II, Objective A, Action 12 -Develop methods, such as cross-access agreements, frontage roads, to reduce the number of existing access points onto arterial streets. Development of this property should reduce the number of existing access points onto adjacent arterial streets by eliminating the current access points and providing internal access from the proposed streets within the development. An internal cross-access and cross- parking agreement will also be required for the proposed lots within this development. • Chapter VII, Goal V, Objective A, Action 7 -Continue promoting quality mixed-use developments in accordance with the Future Land Use Map. The Future Land Use Map designates this property as Mixed Use. Staff believes that the proposed multi family, office, and retail use of this property will be a quality mixed use development. • Chapter VI, Goal V -Encourage the development of a continuum of services to meet the health care needs of the citizens of Meridian. A medical campus is planned within this development, which will help to meet the healthcare needs of the citizens of Meridian. • Chapter VII, Goal II -Serve the Treasure Valley as a regional industrial, commercial, and retail distribution hub. Pinebridge AZ RZ PP VAR PAGE 9 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 The significant commercial component of Pinebridge will help to make Meridian a commercial hub for the Treasure Valley. Chapter VII, Goal IV -Encourage compatible uses to minimise conflicts and maximise use of land. The proposed medical campus, commercial, light office, and residential uses are compatible with existing uses in the Eagle/Fairview area of Meridian and with the Comprehensive Plan designations for future development in the area. • Chapter VII, Goal III -Ensure that adequate public services, including transportation, for existing and future development are provided. The extension of Pine Avenue and construction of Pinebridge Avenue will provide key transportation routes for the City of Meridian. Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a commercial zone. The UDC requires a 2S foot wide landscape buffer be constructed adjacent to residential uses to assist in buffering residential properties from commercial uses, in accordance with the standards listed in UDC 11-3B-9C. Staff has included a condition of approval that the Applicant must comply with this requirement. • Chapter IV, Goal I, Objective A, Action 6 -Permit new residential, commercial, or industrial developments only where urban services can be reasonably provided at the time of fmal approval and development is contiguous to the City. The proposed mixed-use development is contiguous to the City and can be provided with urban services at the time offinal approval. • Chapter V, Goal I, Objective A.3 -Encourage infill development in vacant/underdeveloped areas within the City over fringe area development to halt the outward progression of urban development. The subject infill property is largely surrounded by land that has been annexed into the City and is located close to the core of the City. Annexation and development of this property will allow urban growth within an underdeveloped area of the City. • Chapter V, Goal III, Objective B, Action 8 -Require all developments adjacent to designated entryway corridors to provide a minimum of 35 feet of high quality, professional landscaping on the site adjacent to the roadway. A portion of this development is located adjacent to Eagle Road, an entryway corridor into the City. As such, a 35 foot wide landscape buffer will be required adjacent to Eagle Road in accordance with UDC 11-3B-7, Landscape Buffers along Streets. 9. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory, and conditional uses within the C-G zoning district. Retail stores, professional services (offices), and healthcare services are listed as principal permitted uses in the C-G zone. Multi-family residential developments require conditional use approval in the C-G zone and are subject to the Specific Use Standards listed in UDC 11-4-3-27. See UDC 11-2B-2 for a complete listing of uses allowed in the C-G zone. Pinebridge AZ RZ PP VAR PAGE 10 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 b. Purpose Statement of the Commercial Districts: The purpose of the commercial districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district proximity to streets and highways. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: AZ Application: The Comprehensive Plan Future Land Use Map designation for this property is Mixed Use -Community (MU-C). The applicant is proposing a C-G zone, which is generally consistent with the MU-C designation. Approval of the subject annexation and zoning request would allow the Applicant to obtain a commercial (C-G) zoning designation for the subject property. According to UDC 11-2B-2, the uses proposed for this site, retail stores, professional services, and healthcare services, are principal permitted uses in the proposed C-G zone. The Applicant has submitted a conceptual development plan and building elevations showing how this site will redevelop with approximately 3,000,000 squaee feet of residential, commercial, and light office uses. Based on the policies and goals contained in the Comprehensive Plan and the Future Land Use Map designation of Mixed Use for this property, Staff believes that the requested C-G zone is appropriate for this property. Please see Exhibit D for a detailed analysis of the required facts and findings for an annexation. The annexation legal descriptions for Parcels 1 & 2 submitted with the application (stamped on February 5, 2007 by Michael E. Marks, PLS) are accurate and meet the requirements of the City of Meridian and Idaho State Tax Commission. RZ Application: The Comprehensive Plan Future Land Use Map designation for this property is Mixed Use -Regional (MCT-R), Mixed Use -Community (MLT-C) and Industrial. The proposed C-G zoning district is compatible with the MU-R and MU-C designations but is not compatible with the Industrial designation. The Comprehensive Plan (page 98) states that "the areas depicted on the Future Land Use Map are conceptual and, therefore, will require further analyses prior to the creation of a zoning map." Staff believes that a map amendment is not necessary for the industrial designated property and that the requested C-G zone and commercial use of this property would be more appropriate because of the property's size (1.5 acres) and proximity to Mixed Use designated land and that the property owner owns all of the subject property. Approval of the subject rezone request would allow the Applicant to obtain a commercial (C-G) zoning designation for the subject property. According to UDC 11-2B-2, the uses proposed for this site (i.e. retail stores, professional services, and healthcare services) are principal permitted uses in the proposed C-G zone. The Applicant has submitted a conceptual development plan and building elevations showing how this site will redevelop with approximately 3,000,000 square feet of residential, commercial, and light office uses. Based on the policies and goals contained in the Comprehensive Plan and the Future Land Use Map designation of Mixed Use for this property, Staff believes that the requested C-G zone is appropriate for this property. Please see Exhibit D for a detailed analysis of the required facts and findings for a rezone. The rezone legal description for Parcels 1 & 2 submitted with the application (stamped on February 5, 2007 by Michael E. Marks, PLS) are accurate and meet the requirements of the City of Meridian and Idaho State Tax Commission. Pinebridge AZ RZ PP VAR PAGE I 1 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF OCTOBER 23, 2007 Development Agreement: In conjunction with the AZ & RZ, Idaho Code §67-6511A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City of Meridian that may require some written commitment for all future uses, per UDC 11-SB-3D2. Staff believes that a DA is necessary to ensure that the site develops in an attractive manner. ff the Commission or Council feels additional DA requirements are necessary, staff recommends a clear outline of the commitments of the developer being required. Staff would like to see the following concepts employed in the development of the property: 1) pedestrian connections between buildings in the form of pathways distingaished from vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks; 2) structures built adjacent to roadways with parking to the rear and sides of the structures; 3) common areas with site amenities (i.e., plazas/courtyards, water features, picnic areas, flower gardens, public art, etc.); 4) structures oriented toward each other with windows, awnings, or arcades totaling at least 30% of the length of the fagade viewable from other structures; ~ provide walkways at least 8 feet in width for any aisle length that is greater than 150 parking spaces or 200 feet away from the main building entrance; ~ exterior building walls should demonstrate the appearance of high quality materials of stone, brick, wood, or other native materials (acceptable materials include tinted or textured masonry block, textured masonry block, textared architectural coated concrete panels, or stucco or stucco like synthetic materials -smooth faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials; 7) at least 2 changes in one or a combination of the following shall be incorporated into the building design: color, texture and materials; 8) rooflines shall demonstrate 2 or more of the following: overhanging eaves, sloped roofs, two or more roof planes, varying parapet heights, and cornices; and 9) the primary building entrances shall be clearly defined by the architectural design of the building. A Development Agreement will be required as part of the annexation and rezone of this property. Prior to the annexation and rezone ordinance approvals, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation/rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 6 months of Council approval to initiate this process. The DA shall include, at a minimum, the following: Development of the property shall substantially comply with the conceptual site plan and elevation submitted with the subject application and the concepts outlined below. • No building permits shall be issued, prior to final plat recordation. • The following concepts shall be employed in the development of the property: - General massing of buildings, roundabouts and landscape islands in streets shall be constructed as generally shown on the preliminary plat and conceptual site plan prepared by Stanley Consultants, Inc., dated 3-5-07. - Pedestrian connections shall be constructed between buildings in the form of pathways distinguished from vehiculaz driving surfaces through the use of pavers, colored or scored concrete, or bricks; - Structures shall be built adjacent to roadways with a majority of the parking to the reaz and sides of the structures; - Common azeas with site amenities (i.e., plazas/courtyazds, water features, picnic azeas, flower gazdens, public art, etc.) aze encouraged to be included Pinebridge AZ RZ PP VAR PAGE 12 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 within the office/retail portion of the development and will be required in the multi-family portion of the development. - Structures should be oriented toward each other or the adjacent street(s); - Windows, awnings, or arcades totaling at least 30 % of the length of the facade should be provided for facades that aze viewable from other structures; - Provide walkways at least 8 feet in width for any aisle length that is greater than 150 parking spaces or 200 feet away from the main building entrance; - Exterior building walls should demonstrate the appearance of high quality materials of stone, brick, wood, or other native materials (acceptable materials include tinted or textured masonry block, textured masonry block, textured azchitectural coated concrete panels, or stucco or stucco like synthetic materials - smooth faced concrete block, tilt-up concrete panels, or prefabricated steel panels aze prohibited except as accent materials; - The building design shall incorporate at least 2 changes in one or a combination of the following: color, texture and materials; - Rooflines shall demonstrate 2 or more of the following: overhanging eaves, sloped roofs, two or more roof planes, varying pazapet heights, and cornices; - The primary building entrances shall be clearly defined by the azchitectural design of the building. - A Conditional Use Permit for the multi-family portion of this development shall be submitted prior to submitting for fmal plat approval on that azea. PP Application: The Applicant has submitted a preliminary plat/conceptual site plan for this site labeled as Sheets 1, 2, 3, & 4 of 7, prepazed by Stanley Consultants, Inc., and dated Mazch 5, 2007. The proposed subdivision consists of 61 buildable lots and 21 common lots. All proposed lots meet the dimensional standazds for the requested C-G zone. Buildable lots range in size from 0.43 of an acre to 13.62 acres. Staff has reviewed the preliminary platlconceptual site plan and is supportive of the following design features represented on the plan: 1) the orientation of the buildings adjacent to Eagle Road with parking to the side and rear of the structures; 2) the roundabouts which should reduce speeding and assist in traffic flow; and 3) planter islands. The Applicant has not submitted a phasing plan for this site. Due to the size of this development and the proposed extension of Pine Avenue, the Applicant should address the timeline for development of the site at the Commission hearing and submit a phasing plan prior to or at the Commission meeting. Additionally, depending upon the Applicant's phasing plan, the Commission may want to include a DA provision that Pine Avenue be extended prior to issuance of Certificate of Zoning Compliance's on the site. Proposed Streets and/or Access: Primary access to the development is proposed to be provided from E. Fairview Avenue via Pinebridge Avenue, and N. Eagle Road & N. Locust Grove Road via Pine Avenue. The applicant is planning to construct Pinebridge Avenue south from E. Fairview Avenue and extend E. Pine Avenue to the west from N. Eagle Road to N. Nola Road, which will serve as the primary access points into the development. Pinebridge Avenue will be constructed within 64 feet ofright-of--way with a 46-foot wide street section (measured back to back), curb, gutter, and a 7-foot wide attached sidewalk. Pine Avenue will be constructed within 96 feet ofright-of--way with a 72-foot wide street section (measured back to back), curb, gutter, a Pinebridge AZ RZ PP VAR PAGE 13 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF OCTOBER 23, 2007 5-foot wide planter, and detached 5-foot wide sidewalk. East Wilson Lane is proposed to stub to the west at the northern portion of the development for future connection to the existing Wilson Lane west of the site. East State Street is proposed to connect to the east to an existing segment of State Street. North Webb Avenue and North Machine Avenue are proposed to connect to the south to existing segments of these streets. North Newbridge Place will be constructed to the south from E. Pine Avenue to provide access to Lots 4 & 5, Block 2. East Shellbrook will provide access from N. Locust Grove Road to the proposed multi-family portion of the development and connect to Pinebridge Avenue. Across-access agreement will be recorded for Pinebridge to allow for shared parking. ACHD has submitted comments on this application, included in Exhibit B, which recommend against the approval of the proposed traffic signal at the Fairview/Pinebridge intersection as currently proposed. Staff is generally supportive of the proposed street system within the development with the comments and conditions stated in Section 10, Analysis, and Exhibit B of this report. However, Staff is not supportive of the two access points proposed to Eagle Road with the VAR application because access to the site can adequately be provided from Pine Avenue that runs along the northeast boundary of the site, in addition to the other proposed access points to the other arterial roadways. Cross-Access/Driveway Stubs: There are some parcels adjacent to this site that should be interconnected to this development. Staff believes that cross access easements and driveway stubs should be provided to the following parcels: 87104250004 (Cortabitarte, at the east boundary); 87104251802 (Belair Leasing, Inc., at the west boundary); 82333350010 (Elliott Group, LLC., at the west boundary); and 82333350020 (H2NR, LLC., at the west boundary). Across-access agreement should be recorded granting cross-access to these parcels via a note on the plat or a separate agreement. Providing cross-access to the afore-mentioned properties will assist in providing interconnectivity to adjoining parcels and limiting access points on adjacent roadways. Cross access easement(s) should also be recorded for all lots within this subdivision that share drive aisles. Staff is not requesting that a stub be provided to the south from the multi-family portion of the development to the Duncan property (parcel #S 1108233990) because of the Comprehensive Plan Future Land Use Map designation of Industrial for the property. Staff feels that connectivity to this parcel should be provided from the south via Pine and/or from the west via Locust Grove through properties that are designated for similar type uses. Landscaping: The Applicant has submitted a landscape plan with this application, labeled as Sheet 1 of 1, prepared by Stanley Consultants, Inc., and dated March 22, 2007. Landscaping must be installed on this site in accordance with the standards listed in UDC 11-3B, Landscaping Requirements. The landscaping shown on the landscape plan submitted with this application is approved with the following modification/comments (NOTE: The internal landscaping has not been reviewed and is not approved with this plat. Internal landscaping will be subject to compliance with the UDC during the CZC review. Perimeter and landscaping adjacent to streets shall be completed as part of the platting process): • A 35-foot wide street buffer is required along Eagle Road, an entryway corridor in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. • A 25-foot wide street buffer is required along E. Fairview Avenue, Pine Avenue and N. Locust Grove Road, and any other street(s) classified as an arterial street, landscaped in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. • A 20-foot wide street buffer is required along all collector streets, landscaped in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. • A 10-foot wide street buffer is required along all local streets, landscaped in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. Pinebridge AZ RZ PP VAR PAGE 14 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF OCTOBER 23, 2007 • A 25-foot wide buffer to residential uses is required in accordance with the standards listed in UDC 11-3B-9C, Landscape Buffer to Adjoining Uses. • Internal parking lot landscaping is required upon development of each lot in accordance with the standards listed in UDC 11-3B-8, Parking Lot Landscaping. • Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department prior to issuance of any Certificate of Occupancies for this site. All standards of installation should apply as listed in UDC 11-3B-14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. The preceding modifications and notes should be shown on a revised landscape plan submitted with the final plat application(s), the Cert~cate of Zoning Compliance and Conditional Use Permit application(s). Existing Structures: The site currently contains some existing structures. All existing structures that do not meeting setbacks or the dimensional standards of the UDC shall be removed prior to the City Engineer's signature on the final plat. There are several old structures located at the corner of Nola and Pine that may be classified as historical structures. The Applicant shall address at the public hearing what they intend on doing with these structures. Building Elevations: The Applicant has submitted an elevation of their office building proposed to be located adjacent to the Pinebridge development at the corner of Pine and Hickory (see Exhibit A.5). The Applicant states that this elevation is representative of what some of the buildings will look like within the proposed Pinebridge development. A list of construction materials for the future buildings on the site was not provided by the Applicant. Due to the size of this development, Staff does not believe that requiring all buildings within the development to resemble the elevation submitted with this application would be practical. However, in order to ensure that future buildings on this site develop in an attractive manner, Staff is including design provisions in the Development Agreement for future buildings (see DA provisions above and in Exhibit B). Design Standards: All structures proposed within the development that exceed 200,000 square feet or that are located on an entryway corridor (Eagle Road), shall be required to obtain design review approval and comply with the design standards listed in UDC 11-3A-19C. Further, all structures located adjacent to Fairview Avenue, Pinebridge Avenue, and Pine Avenue shall also be required to comply with the afore-mentioned design standards because of the high visibility of the structures. Fencing: The Applicant is not proposing to construct fencing on the site and none is required by the UDC. If permanent fencing is not constructed on the site, temporary fencing to contain debris during construction should be installed around the perimeter of the site. Pathways: The Master Pathways Plan depicts future 10-foot wide multi-use pathways across this site. Multi-use pathways should be constructed on this site in accordance with the standards listed in the Pathways Plan and the locations depicted on the Master Pathways Plan included as Exhibit A.4 in this report and per the text in the Pathways Plan as follows: 1) The pathway shown on the Pathways Plan (Settlers Creek Pathway, Locust Grove-Treasure Valley RWT) along the northwest portion of the site on the north side of the multi-family portion of the development is Pinebridge AZ RZ PP VAR PAGE 15 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 planned to be located "on either the north or south side of the Settlers Canal where it will eventually connect with a short existing segment of pathway before continuing east as a proposed pathway. Where the Flume Canal disappears the pathway heads south to connect to the Treasure Valley RWT."Because there is an existing segment of pathway along the north side of Settlers Canal on the H2NR LLC & Paddington Subdivision HOA properties, Staff believes that the pathway should continue to Locust Grove along the north side of the Settlers Canal and be constructed upon development of the Leonard property (87104253800). The Applicant should connect to the existing segment of pathway and extend the pathway on the north side of the Flume Canal to the east property boundary. The pathway should then extend south along the west side of Machine Avenue then cross Machine and run along the Snyder Lateral to the south property boundary for future connection to the Treasure Valley RWT. 2) The pathway shown on the Pathways Plan (Meridian Loop Pathway, Franklin-Fairview) is planned to extend from the Treasure Valley RWT and head north along Nola Road and then northeast to the signal at Hickory Way and Fairview. The Applicant should construct the pathway along the east side of Nola Road along the west property boundary, north across Pine Avenue, then east along the north side of Pine Avenue and north along the west side of Pinebridge Avenue. Where the pathway meets the pathway required along the Flume Canal, the pathway should cross Pinebridge and extend north along the east side of Pinebridge and stub to the Cortabitarte property at the northeast corner of the site for future extension to the east as shown on the conceptual plan in Exhibit A. The multi-use pathways in each phase of the development shall be constructed prior to signature on the final plat of each phase. Ditches, Laterals, and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of any natural waterway, that intersect, cross or lie within the area being subdivided shall be covered. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle- point connection to the culinary water system shall be required. If a single-point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Multi-family Development: The preliminary plat/conceptual site plan submitted with this application depicts amulti-family development proposed for the western portion of the site. This plan shows 25 multi-family buildings with an undisclosed number of residential units. Multi- family developments required Conditional Use Permit (CUP) approval in the C-G zone, per UDC 11-2B-2. Staff questions how the design of the multi-family azea shown on the concept plan will create a viable multi-family project with a public road bisecting the units. A CUP shall be submitted prior to final plat submittal for this azea so that the exact layout and design for the multi-family development can be reviewed and approved prior to construction of the roads in this area. The subject application does not grant approval of the proposed multi-family development, location or number of structures, number of dwelling units, or driveway approval; a CUP is required for approval of the proposed multi-family development on the site. Additionally, Specific Use Standazds (iJDC 11-4-3-27) apply to multi-family developments as follows: a. Setbacks: Buildings shall provide a minimum setback of 10 feet, unless a greater setback is otherwise required by the UDC. Pinebridge AZ RZ PP VAR PAGE 16 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN•ATE OF OCTOBER 23, 2007 b. Service areas: On-site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer or utility vaults shall be fully screened from view from any public street. c. Private, usable open space: A minimum of 80 square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. d. Developments with 20 units or more shall provide the following: A property management office, a maintenance storage area, a central mailbox location, and a directory and map of the development at a convenient location. e. Covered Parldng: UDC 11-3C-6 requires that multifamily developments shall provide parking as follows: for 1 bedroom units, there shall be two parking spaces with one in a covered carport or garage; and for units with more than one bedroom, 2 parking spaces shall be provided in a covered carport or garage. f. Common Open Space Design Requirements: A minimum of 350 square feet of outdoor common open space shall be provided for each unit containing more than 1,200 square feet of living area. The common open space shall be not less than 400 square feet in area, and shall have a minimum length and width dimension of 20 feet. g. Amenities: UDC 11-4-3.27 requires that multi-family developments between 20 and 75 units provide 3 amenities from separate categories (i.e. quality of life, open space, or recreation). h. Elevations: Elevations are required to meet the architectural standards set forth in UDC 11-4-3-27E. i. Landscaping: Per UDC 11-4-3-27, all street facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following standards: - The landscaped area shall be at least 3-feet wide; - For every 3 linear feet of foundation, an evergreen shrub having a minimum mature height of 24 inches shall be planted; and - Ground cover plants shall be planted in the remainder of the landscaped azea. j. Maintenance and Ownership Responsibilities: Per UDC 11-4-3-27G, a legally binding document shall be recorded that states the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features. VAR Application: The applicant is requesting a Variance from the standards listed in UDC 11- 3H-4Blcand 11-3H-4B2, regarding Development along Federal and State Highways. Because the east boundary of this site is located adjacent to State Highway (SH) 55 (Eagle Road), the standards listed in UDC 11-3H-4B regarding Development along State Highways, apply to the development of this property. The Applicant is proposing two access points to SH 55. The first is from the existing Commercial Court, which is a private road located approximately 860 feet south of the centerline of Pine Avenue that has been used by Elixir. The second is a new access point proposed to be located half-way between Pine and Commercial, approximately 440 feet north of the south property line. See Exhibit A.4 for proposed access points to SH 55. Pine Avenue is located in accordance with UDC 11-3H, % mile between Fairview Avenue and Franklin Road. Per UDC 11-3H-4B, use of existing approaches (in this case, E. Commercial Pinetrridge AZ RZ PP VAR PAGE 17 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN•ATE OF OCTOBER 23 2007 Street) to SH 55 shall be allowed to continue provided that all of the following conditions are met: 1) The existing use is lawful and properly permitted effective September 15, 2005; 2) The nature of the use does not change (for example, a residential use to a commercial use); and 3) The intensity of the use does not increase (for example, an increase in the number of residential dwelling units or an increase in the square footage of commercial space). Staff has reviewed these standards and found that the intensity of the proposed use of the site will increase because of the square footage of commercial space proposed. The UDC further states, "If an applicant proposes a change or increase in intensity of use, the owner shall develop or otherwise acquire access to a street other than the state highway. The use of the existing approach shall cease and the approach shall be abandoned and removed." Additionally, "No new approaches directly accessing a state highway shall be allowed and public street connections to the state highway shall only be allowed at the section line road and the half mile mark between section line roads (where Pine Avenue currently exists). These half mile connecting streets shall be collector roads." The applicant is requesting a Variance to the above-stated standards and is proposing that the existing Commercial Street approach be allowed to continue and that a new approach to SH 55 be allowed on the west side of SH 55, midway between Pine Avenue and Commercial Street. The applicant's justification for the proposed variance, per the applicant's narrative submitted with the application, is "The two variances are being requested to relieve undue hardships associated with the site. If the proposed project were smaller in scale it would not be necessary to propose an additional access point on SH 55; the 170 acre size of the proposed development and the location of the project make it necessary to create a new access point to provide adequate connectivity and access for the proposed development. The change in intensity of the use for the existing Elixir access point warrants the second proposed variance to allow for the continuing use of an existing access point. The proposed change in use of the subject property is supported by Meridian's Comprehensive Plan; the Pinebridge property is designated for Mixed Use, Industrial, and Mixed Use Regional development. It would not be possible to develop the subject property in a manner consistent with Meridian's Comprehensive Plan without changing the intensity of use on the property." In order for the Council to grant a variance, the Council shall make the following findings: - The variance shall not grant a special right or privilege that is not otherwise allowed in the district; - The variance relieves an undue hardship because of characteristics of the site; and - The variance shall not be detrimental to the public health, safety, and welfare. Staff does not believe that the afore-mentioned findings can be made for approval of the variance request in this instance. Please see Staff's analysis of the findings in Exhibit D of this report for more information. Further, Staff does not believe that two additional access points to SH 55 are necessary as there is an existing access point to SH 55 via Pine Avenue, along the northeast boundary of this site, which will provide access to the east side of this development. b. Staff Recommendation: Staff is recommending approval of the proposed AZ, RZ, & PP applications but is recommending denial of the VAR request per the conditions listed in Exhibit B of the Staff Report, based on the Findings in Exhibit D of this report. The Meridian Planning & Zoning Commission heard these items on Mav 17 June 21 and July 19 2007 At the public hearme on July 19, 2007 thev moved to recommend anaroval of the subject AZ. RZ, and PP reauest. he Meri ian itv o ~nc~l heard theca l±e*!+_~ .... ll~.Fnl±nr 16 amA 7Z 'flIA7 nubhc hea 'nom on O obey 2 .2007 hev annrov d the ubiect 7.. 7,. PP. and VA or the nrono ed accec no'nt to a le Road from o m rcial he Annlican Pinebridge AZ RZ PP VAR PAGE 18 CITY OF MERIDIAN PLANNING D• TMENT STAFF REPORT FOR THE HEARING•DATE OF OCTOBER 2 3, 2007 11. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Preliminary Plat (dated: 3/5/07) 3. Landscape Plan (dated: 3/22/07) 4. Site Plan for Variance Request 5. Conceptual Building Elevation 6. Overview of Site 7. Master Pathways Plan depicting conceptual locations of future multi-use pathways B. Agency Comments/Conditions 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code Pinebridge AZ RZ PP VAR PAGE 19 A. Drawings Exhibit A 1. Vicinity/Zoning Map • i 2. Preliminary Plat ~~~ a ~ ~ ~ ~ ~ ~ ~ I~ ~ i~E _II _ P ~~ dew ~tl Z/ ~` ~1 ~ O~ v Exhibit A • . Exhibit A ~ i Exhibit A Exhibit A Exhibit A 3. Landscape Plan (dated: 3/22/07) Exhibit A • 4. Site Plan for Variance Request Exhibit A LJ 5. Conceptual Building Elevation --- _- . J,. b • 6. Overview of Site __ - , t - - - ~~ `-~-- 8 ~ ~ ~+ ~ ~..~'`~ ~ ~_ -- _ 't~1 ~ Kam' ,! ~ +-~,. ~ _ ate- .7'~«-~ ~~ ~~ ~. ~ y ~. S. ., _~x~ ~ .~_~- ~~. fs' Wit` ~ ... ,~, ~ Y _ ~~ ~ ~" fit-. ..~...~.e-- _-. --alp - - %€":i' I~~ I Exhibit A 7. Master Pathways Plan depicting conceptual locations of future multi-use pathways Exhibit A • • B. Agency Comments/Conditions 1. PLANNING DEPARTMENT 1.1 ANNEXATION/REZONE COMMENTS 1.1.1 The rezone legal description for Parcels 1 & 2 submitted with the application (stamped on February 5, 2007 by Michael E. Marks, PLS) are accurate and meet the requirements of the City of Meridian and Idaho State Tax Commission. 1.1.2 The annexation legal descriptions for Parcels 1 & 2 submitted with the application (stamped on February 5, 2007 by Michael E. Marks, PLS) are accurate and meet the requirements of the City of Meridian and Idaho State Tax Commission. 1.1.3 A Development Agreement will be required as part of the annexation and rezone of this property. Prior to the annexation and rezone ordinance approvals, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation/rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 6 months of Council approval to initiate this process. The DA shall include, at a minimum, the following: • Development of the property shall substantially comply with the conceptual site plan and elevation submitted with the subject application and the concepts outlined below. • A final plat shall be recorded, prior to the issuance of Certificates of Zoning Compliance; the site shall be a lot and block in a recorded subdivision. • The following concepts shall be employed in the development of the property: - General massing of buildings, roundabouts and landscape islands in streets shall be constructed as generally shown on the preliminary plat and conceptual site plan prepared by Stanley Consultants, Inc., dated 3-5-07, as amended below. - Pedestrian connections shall be constructed between buildings in the form of pathways distinguished from vehiculaz driving surfaces through the use of pavers, colored or scored concrete, or bricks; - Structures shall be built adjacent to roadways with the majority of parking to the rear and sides of the structures; - Common areas with site amenities (i.e., plazas/courtyazds, water features, picnic azeas, flower gazdens, public art, etc.) aze encouraged to be included within the office/retail portion of the development and will be required in the multi-family portion of the development. - Structures shall be oriented towazd each other or the adjacent street(s) if there is no pazking in front of the building; - Windows, awnings, or arcades totaling at least 30 % of the length of the facade shall be provided for facades that are viewable from other structures; - Provide walkways at least 8 feet in width for any aisle length that is greater than 150 parking spaces or 200 feet away from the main building entrance; - Exterior building walls shall demonstrate the appeazance of high quality materials of stone, brick, wood, or other native materials (acceptable materials Exhibit B • include tinted or textured masonry block, textured masonry block, textured architectural coated concrete panels, or stucco or stucco like synthetic materials - smooth faced concrete block, tilt-up concrete panels, or prefabricated steel panels aze prohibited except as accent materials; - The building design shall incorporate at least 2 changes in one or a combination of the following: color, texture and materials; - Rooflines shall demonstrate 2 or more of the following: overhanging eaves, sloped roofs, two or more roof planes, varying parapet heights, and cornices; - The primary building entrances shall be cleazly defined by the acchitectural design of the building. - A Conditional Use Permit for the multi-family portion of this development shall be submitted prior to submitting for final plat approval on that area. 1.2 PRELIMINARY PLAT -SITE SPECIFIC REQUIREMENTS 1.2.1 The preliminary plat and conceptual site plan labeled as Sheets 1, 2, 3, and 4 of 7, prepared by Stanley Consultants, Inc., dated March 5, 2007, is approved, with the conditions listed herein. 1.2.2 The landscape plan, labeled as Sheet 1 of 1, prepared by Stanley Consultants, Inc., dated March 22, 2007, is approved with the following modifications/comments (NOTE: The internal landscaping has not been reviewed and is not approved with this plat. Internal landscaping will be subject to compliance with the UDC during the CZC review. Perimeter and landscaping adjacent to streets shall be completed as part of the platting process): a. Landscaping must be installed on this site in accordance with the standards listed in UDC 11-3B, Landscaping Requirements. b. A 35-foot wide street buffer is required along Eagle Road, an entryway corridor in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. c. A 25-foot wide street buffer is required along E. Fairview Avenue, Pine Avenue and N. Locust Grove Road, and any other street(s) classified as an arterial street, landscaped in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. d. A 20-foot wide street buffer is required along all collector streets, landscaped in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. e. A 10-foot wide street buffer is required along all local streets, landscaped in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. f. A 25-foot wide buffer to residential uses is required in accordance with the standards listed in UDC 11-3B-9C, Landscape Buffer to Adjoining Uses. g. Internal parking lot landscaping is required upon development of each lot in accordance with the standards listed in UDC 11-3B-8, Parking Lot Landscaping. h. Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. i. A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department prior to issuance of any Certificate of Occupancies for this site. All standards of installation should apply as listed in UDC 11-3B-14. Exhibit B Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. The preceding modifications and notes should be shown on a revised landscape plan submitted with the final plat applications, the Certificate of Zoning Compliance and Conditional Use Permit application. 1.2.3 Construct 10-foot multi-use pathways within this development in accordance with the standards listed in the Meridian Pathways Master Plan and the conceptual locations depicted on the Pathways Plan shown in Exhibit A.4 of this report and per the text in the Pathways Plan as follows: 1) The pathway shown on the Pathways Plan (Settlers Creek Pathway, Locust Grove- Treasure Valley RWT) along the northwest portion of the site on the north side of the multi- family portion of the development is planned to be located "on either the north or south side of the Settlers Canal where it will eventually connect with a short existing segment of pathway before continuing east as a proposed pathway. Where the Flume Canal disappears the pathway heads south to connect to the Treasure Valley RWT." Because there is an existing segment of pathway along the north side of Settlers Canal on the H2NR LLC & Paddington Subdivision HOA properties, Staff believes that the pathway should continue to Locust Grove along the north side of the Settlers Canal and be constructed upon development of the Leonard property (87104253800). The Applicant shall connect to the existing segment of pathway and extend the pathway on the north side of the Flume Canal to the east property boundary. The pathway should then extend south along the west side of Machine Avenue then cross Machine and run along the Snyder Lateral to the south property boundary for future connection to the Treasure Valley RWT. 2) The pathway shown on the Pathways Plan (Meridian Loop Pathway, Franklin-Fairview) is planned to extend from the Treasure Valley RWT and head north along Nola Road and then northeast to the signal at Hickory Way and Fairview. The Applicant should construct the pathway along the east side of Nola Road along the west property boundary, north across Pine Avenue, then east along the north side of Pine Avenue and north along the west side of Pinebridge Avenue. Where the pathway meets the pathway required along the Flume Canal, the pathway should cross Pinebridge and extend north along the east side of Pinebridge and stub to the Cortabitarte property at the northeast corner of the site for future extension as shown on the plan in Exhibit A. The multi-use pathways in each phase of the development shall be constructed prior to signature on the final plat of each phase. 1.2.4 A Conditional Use Permit is required for the multi-family residential portion of the development depicted on the conceptual site plan. All future structures shall comply with the architectural standards listed in UDC 11-4-3-27E for multi-family developments. A Certificate of Zoning Compliance (CZC) is required for each building within this development prior to issuance of a building permit. Development of the site shall substantially comply with the conceptual development plan submitted with this application. NOTE.• A CZC application may include multiple/all multi family units within the development. 1.2.5 All structures proposed within the development that exceed 200,000 square feet or that are located on an entryway corridor (Eagle Road), shall be required to obtain design review approval and comply with the design standards listed in UDC 11-3A-19C. Further, all structures located adjacent to Fairview Avenue, Pinebridge Avenue, and Pine Avenue shall also be required to comply with the afore-mentioned design review standards. 1.2.6 Cross access easements and driveway stubs shall be provided to the following parcels: 87104250004 (Cortabitarte, at the east boundary); 87104251802 (Belair Leasing, Inc., at the west boundary); n~z~~~cnn~n ~n;,..+ n 6~~~C~ ac ta2~F@S~ 1~9~a~~~z~.,~~~3~~ . Emer~encv access shall be provided to the 132NR parcel Exhibit B at the southeast corner. Across-access agreement shall be recorded granting cross-access to these parcels via a note on the plat or a separate agreement. A cross access easement shall also be recorded for all lots within this subdivision that share drive aisles. 1.2.7 All signage for the site requires approval of a sign permit. All signage must comply with UDC 11-3D-8I and 11-3D-10, Table 2, for subdivision identification signs. 1.2.8 If permanent perimeter fencing is not constructed on the site, temporary fencing to contain debris during construction shall be installed around the site prior to release of building permits. 1.2.9 Underground, pressurized irrigation must be provided to all lots within this development. 1.2.10 Pine Avenue shall be eztended to Locust Grove Road prior to issuance of any Certificate of Occuuancv for buildings that would reauire access from Pine Avenue 1.2.11 Where there are existing utilities and where the surrounding public roads are fixed, the Apphcant shall be allowed up to 7 occupancy permits prior to final plat recordation The Planning Director and the Development Services Manager may consider allowing additional occupancy permits (not to exceed 13) if the administration of the previous 7 seems to be efficient and in the City's best interest 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Locust Grove Road. The applicant shall install all mains to and through this development; 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 Locust Grove Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 A water stub to the east shall be provided to allow for a future looped system, it shall be covered by a standard City of Meridian easement. 2.4 Prior to any excavation or improvements within this development that applicant shall submit a Flood Plain Development Permit and comply with all conditions of the same. Z.5 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.6 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.7 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. Exhibit B 2.8 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.9 All existing structures not meeting setbacks or the dimensional standards of the UDC shall be removed prior to building permits being released. 2.10 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.11 Any meter tiles located in common driveways shall be upgraded to traffic rated materials per City of Meridian Standard Specifications. 2.12 As proposed, additional width to the public utilities, drainage and irrigation easement along the right-of way shall be dedicated where the sidewalk is located past the right-of--way. The additional width needs to be sufficient to allow for 10 feet of easement past the sidewalk. 2.13 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.14 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. Per UDC 11-3A-6A.3.a. the City Council may waive the reauirement for coverine such ditch latera -canal or drain if it finds that the public purpose reauirine such will not be served and public safety can be preserved. The City Council may also waive this reauireme~ for large-capacity facilities 2.15 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, and the road base approved, prior to applying for building permits. 2.16 All development improvements, including but not limited to sewer, water, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.17 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to issuance of building permits. 2.18 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.19 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 2.20 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.21 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. Exhibit B 2.22 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.23 The engineer shall be required to certify that the street centerline elevations aze set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.24 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. Height for 100 watt fixtures is 25-feet, height for 250 watt fixtures is 30-feet. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs aze completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" outlet face the main street or pazking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface aze required before combustible construction is brought on site. 3.7 Building setbacks shall be per the International Building Code for one and two story construction. 3.8 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the back of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.9 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.10 The office%ommercial lots will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced Exhibit B 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.11 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.12 Maintain a separation of 5' from the building to the dumpster enclosure. 3.13 The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.14 The Fire Dept. has concerns about the addressing of the existing house and the address being visible from the street which the project is addressed off of. Please contact the Addressing Specialist at 898-5500 to address this concern prior to the public hearing. 3.15 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.16 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.17 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.18 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic 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). 3.19 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered. 3.20 There shall be a fire hydrant within 100' of all fire department connections. 3.21 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 3.22 Emergency response routes and fire lanes shall not be allowed to have speed bumps. 3.23 Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least three means of fire apparatus access for each structure. Two of the access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line. 3.24 Buildings or facilities having a gross building area of more than 62,000 square feet (5760 m2) shall be provided with two separate and approved fire apparatus access roads separated by one half of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses. Exception: Projects having a gross building area of up to Exhibit B 124,000 square feet (11520 m2) that have a single approved fire apparatus access road when all buildings are equipped throughout with approved automatic sprinkler systems. (Remoteness Required) 3.25 Connect E. Commercial Street to Machine Avenue on the east side of N. Machine Avenue. 3.26 The Pinebridge/Fairview intersection access point should be aright-in/right-out only. 3.27 Lot 1, Block 17 may have limited visibility and access points prohibit driveways on curves. 3.28 No access points should be allowed to/from Eagle Road. 4. POLICE DEPARTMENT 4.1 Prior to release of building permits, the applicant shall submit a parking plan for all off-street parking in the multi-family development to the Planning and Zoning Department. All parking spaces shall be assigned to a specific dwelling unit or for guest use. The parking space identification shall use a different numbering system than the dwelling units. 4.2 The north/east/south/west facades shall include windows that look onto the parking areas and/or other public areas. tl ~s~--a ~~p~orar~ ico +~-ci~~cTCC~ 4.4 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. All micropaths and open areas shall have adequate lighting. 4.5 The loading areas shall be separated from all public parking areas. 4.6 The Pinebridge/Fairview intersection access point should be a right-in/right-out only, the desisrn of which shall be subiect to ACRD anuroval. 4.7 Lot 1, Block 17 may have limited visibility and access points prohibit driveways on curves. 4.8 No access points should be allowed to/from Eagle Road. 5. PARKS DEPARTMENT 5.1 The Parks Department did not submit comments on this application. 6. SANITARY SERVICE COMPANY 6.1 SSC has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC CONDITIONS OF APPROVAL 7.1.1 Dedicate 60-feet ofright-of--way from the section line of Fairview Avenue abutting the parcel. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACfID Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The District will purchase the right-of--way which is in addition to existing right-of--way from available Comdor Preservation Funds. 7.1.2 Construct the additional third travel lane of Fairview Avenue abutting the site with pavement widening, vertical curb, and gutter. The construction of this lane is impact fee eligible and the applicant can be reimbursed for the costs associated with the construction of the third lane. Exhibit B r i 7.1.3 Construct a 7-foot attached (or 5-foot detached) concrete sidewalk on Fairview Avenue abutting the site. 7.1.4 Enter into a cooperative agreement with the District to dedicate the full right-of--way and construct Pine Avenue through the site, from Eagle Road to Nola Road, as a complete 5-lane roadway. This roadway shall be constructed as a standard 72-foot street section with vertical curb, gutter, and 7-foot attached concrete sidewalks (or 5-foot detached) within 96-feet of right- of-way. The complete 5-lane roadway with vertical curb and gutter are impact fee eligible improvements. The applicant is responsible for the cost designing and constructing the sidewalk and any landscaping improvements. 7.1.5 Construct Pine Avenue at its intersection with Eagle Road as a 7-lane roadway section to mirror the east leg of the intersection, in accordance with the submitted traffic impact study. Reconstruct the north side of Pine Avenue abutting the Blue Cross site to achieve the mirroring of the east leg, this will involve re-location of the existing curb, gutter, and sidewalk approximately 5 to 7-feet to the north. 7.1.6 Dedicate sufficient right-of--way and construct a separate right-turn lane on the eastbound Pine Avenue approach to Eagle Road. 7.1.7 Design, construct, and install a signal at the intersection of Pine Avenue and Hickory Avenue. Install the conduit and poles at the time of construction. When the signal meets traffic warrants the District will install the mast arms and signal heads. The applicant is responsible for all costs associated with the design and construction of the signal and shall pay for the cost of all of the signal equipment at the time the poles are installed. 7.1.8 Extend and construct Hickory Avenue south of Pine Avenue to intersect Commercial Court. Hickory Avenue shall be constructed as a commercial roadway (40-foot street section with vertical curb, gutter, and 5-foot concrete sidewalk) within 54-feet ofright-of--way. 7.1.9 Construct one collector roadway, Shellbrook Street, to intersect Locust Grove Road centered between the existing Shellbrook Street and Buchman Street on the west side of Locust Grove Road to create a T-type intersection. Construct Shellbrook Street as a standard 46-foot collector street section with vertical curb, gutter, and 5-foot detached (or 7-foot attached) concrete sidewalk. Re-design the large extended center island within Shellbrook Street to more clearly direct the public traffic; with the re-design there shall no longer be a public street on the northern side of the island. Coordinate the design with District Planning Review and Traffic Services staff. 7.1.10 Comply with the District's Interim Policy for converting private roadways to public standards if Commercial Court is intended to be converted to a public roadway. 7.1.11 Submit a detailed analysis of the proposed roundabouts for the State Street/Pinebridge Avenue and and the Pinebridge Avenue/Pine Avenue intersections prior to design and construction of the intersections or signature of a final plat. If the staff review of the analysis determines that a roundabout is not appropriate, further analysis will be required to determine the appropriate intersection control. 7.1.12 Construct State Avenue, Webb Avenue, Machine Avenue, and Wilson Lane as 40-foot commercial roadways within 54-feet ofright-of--way complete with vertical curb, gutter and 5- foot concrete sidewalk. 7.1.13 Construct Pinebridge Avenue to intersect Fairview Avenue in alignment with the main driveway for Oakbrook Plaza on the north side of Fairview Avenue, approximately 265-feet west of the original proposal. Construct the roadway as a collector roadway with a standard 46-foot street section with vertical curb, gutter, and 7-foot attached sidewalks within 70-feet of right-of--way. Provide 21-foot street sections on either side of the proposed center landscape islands. Exhibit B 7.1.14 Construct two right-in/right-out only curb-return type driveways on Fairview Avenue, one located at the east property line and one located at the west property line. Install a 6-inch raised concrete median on Fairview Avenue to prevent the left-in/left-out turning movements for these driveways. 7.1.15 Construct the following curb return type driveways on Pine Avenue • Aright-in/right-out driveway located a minimum of 250-feet west of Eagle Road (measured near edge to near edge). Shift this access if it is located within the required right-turn lane of the intersection. • Afull-access driveway in alignment with Rosario Street. • Afull-access driveway on the south side of Pine centered between the Pinebridge/Pine roundabout and the Pine/Newbridge intersection. • Afull-access driveway on the south side of Pine centered between the Nola/Pine intersection and the Pine/Pinebridge roundabout. • A full access driveway on the north side of Pine in alignment with Machine Avenue. • A full access driveway on the north side of Pine in alignment with Newbridge Place. 7.1.16 Construct driveways on the following roadways in accordance with District policy: • Pinebridge Avenue • Shellbrook Street • E. State Avenue • Webb Avenue • Machine Avenue • Wilson Lane 7.1.17 Extend one stub street from the east (E. State Street) and two from the south (Webb Avenue and Machine Avenue). 7.1.18 Construct one new stub street to the west (Wilson Lane). Provide a temporary turnaround at the terminus of this stub street and install a sign stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 7.1.19 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any 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 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. Exhibit B 7.2.6 Utility street cuts in pavement less than five years old aze 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 Standazds and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACHD conduits (spaze 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 aze in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. CENTRAL DISTRICT HEALTH DEPARTMENT S.1 We have no objections to this proposal. Exhibit B C. Legal Description & Exhibit Map DESCRIPTION FOR PINEBRIDGE OVERALL PARCEL December 26, 2006 A PARCEL OF LAND BEING PORTIONS OF THE NW'/, THE NORTH HALF OF THE SE'/ AND THE NORTH HALF OF THE SW'/ OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 8, T. 3 N., R. 1 E., B.M., ADA COUNTY, IDAHO, THENCE N 89°34'33" E 1591.59 FEET ALONG THE NORTH LINE OF SAID SECTION 8 TO A POINT; THENCE S 00°05'54" W 40.76 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF FAIRVIEW AVENUE, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 89°59'07" E 867.33 FEET ALONG SAID SOUTHERLY RIGHT OF WAY TO A POINT; THENCE S 00°04'24" W 1102.70 FEET TO A POINT; THENCE N 89°36'25" E 193.77 FEET TO A POINT ON THE EAST LINE OF THE NW'/ OF SAID SECTION 8; THENCE S 00°04'01° W 1502.84 FEET TO THE SOUTHEAST CORNER OF THE NW'/. OF SAID SECTION 8; THENCE S 00°05'17" W 45.00 FEET ALONG THE WEST LIN + '-"-~-- TO APOINT ON THE SOUTHERLY RIGHT OF WAY OF PINE AVENUESE /< ALONG THE SOUTHERLY RIGHT OF WAY OF PINE AVENUE THE FOLLOWING: THENCE N 89°39'03" E 330.64 FEET TO A POINT OF CURVATURE; THENCE 164.20 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 444.28 FEET, A DELTA ANGLE OF 21 °10'34", A TANGENT OF 83.05 FEET AND A CHORD BEARING OF N 79°03'46" E 163.27 FEET TO A POINT OF TANGENCEY; 19642-0 VER.ALLPARCEL. Exhibit C • THENCE N 00°20'57" W 15.00 FEET TO A POINT; THENCE N 89°39'03" E 1683.48 FEET TO A POINT; THENCE S 00°20'57" E 33.00 FEET TO A POINT; THENCE N 89°39'03° E 353.77 FEET TO A POINT; THENCE S 44°22'51" E 22.68 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF EAGLE ROAD; LEAVING SAID SOUTHERLY RIGHT OF WAY OF PINE AVENUE AND ALONG THE WESTERLY RIGHT OF WAY OF EAGLE ROAD THE FOLLOWING: THENCE S 01°02'07" W 770.98 FEET TO A POINT; THENCE S 71°10'34" W 74.43 FEET TO A POINT; THENCE S 01°02'07" W 50.00 FEET TO A POINT; THENCE S 69°31'00" E 13.77 FEET TO A POINT; LEAVING SAID WESTERLY RIGHT OF WAY OF EAGLE ROAD: THENCE N 88°55'23" W 2423.39 FEET TO A POINT; THENCE N 00°05'17" E 97.08 FEET TO A POINT; THENCE N 89°55'00" W 13.46 FEET TO A POINT; THENCE N 44°54'55" W 42.49 FEET TO A POINT; THENCE N 00°05'17" E 48.11 FEET TO A POINT; THENCE N 89°55'00" W 6.50 FEET TO A POINT ON THE WEST LINE OF THE SE'/ OF SAID SECTION 8; THENCE N 00°05'17" E 0.31 FEET TO A POINT; THENCE S 89°38'12" W 1329.04 FEET TO A POINT; THENCE N 00°01'11" E 331.21 FEET TO A POINT; THENCE S 89°38'43" W 657.47 FEET TO A POINT; 19642-OVERALLPARCEL Exhibit C THENCE N 00°00'36" E 331.45 FEET TO A POINT ON THE SOUTH LINE OF THE NW'/ OF SAID SECTION 8; THENCE N 89°38'58" E 25.01 FEET TO A POINT; THENCE N 00°00'36" E 810.68 FEET TO A POINT; THENCE N 89°59'33" W 662.38 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY OF LOCUST GROVE ROAD; THENCE N 00°00'16" E 670.41 FEET ALONG SAID RIGHT OF WAY TO A POINT; THENCE S 89°59'39" E 483.27 FEET TO A POINT; THENCE S 55°51'09" E 314.44 FEET TO A POINT; THENCE S 65°46'37" E 588.99 FEET TO A POINT; THENCE S 68°24'37" E 195.54 FEET TO A POINT; THENCE N 00°09'39" E 1189.46 FEET TO A POINT; THENCE N 89°53'28" E 100.03 FEET TO A POINT; THENCE N 00°05'54" E 435.78 FEET TO THE REAL POINT OF BEGINNING. SAID PARCEL CONTAINING 169.80 ACRES MORE OR LESS. THIS PARCEL IS SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY. MICHAEL E. MARKS, PLS N0.4998 BY~~ AFP OVk.!_ MERIDIAN Pl18LIC WORKS DEPT. 19642-OVERAI,LPARCEL Exhibit C • . 06 05 5 89'3a'33" w ' 2fi52.58'. - - N 89°34 33" E FAIRwEw nvENUE 07 08 1591.59° - - ~ - - - - NW SECTION S00'05'S4"W w S89'S~ CORNER SECS 40.76' ~ CP&F~93B1309 ~ ~ ~ I " EXHIBIT "B" p '"7 °~' O ~ Iv Z N ' ~ N89'53' 28"E 100.03' If 1061.36' 05 '07"E 867.33 - ~. 0 ~~ a . N NI I p O N ~ I ~YEVI AP RGVAL I N 'N° I <r ~ o ~ I ~ O ,p I 25.00' Nic!~UpiF.ld fi:~Bi.iC S89°59'39"E S WCRKB''.c~T. W ss. o ~ 483.27' 3,S~o9 ,.°'~ N89'36'25"E ~QA, F S ~ 0 193.77' co 6S 4 1 °pp oll~ S88 93,F z ~I t,i m . ~ N o O O O 0o O ° Z N89'59'33"W o° OVERALL PARCEL z 662.3$' S68°24'37"E 195.54' 7.396,686 sq.it. ~ ~ 25.00' 169.80 acres o I w o . ~ o ao 0 ~ o~co cn . ~;pp~~ °° Z d 0 n lV w 0 0 N 89'38'58" E 25.01' 26x9.67' CENTER 1/4 CORNER ~ 490.79' 0 7 - - - . _ - - - - - - _ _. W1/4 CORNER 662.30' W 1962.36' ~ sECTioN s ~ ~ S00°05'17"W 330.64 CP&F ({102003706 ~ ~ 45,00' o p O ~ ,,°o "' po M S89'38'43"W ~ M °o ~ z 657.47' w ~„ z - ? ~ N 07 OS o ~ N00°05'17"E = 18 17 Z ~ S89°38'12"W 1329.04' 0.31 o _ ~ . W REvisioNS PINEBRIDGE OVERALL ~~ PARCEL LEGAL ~~J DESCRIPTION EXHIBIT Stanley Consultants. I 1940 S. BONITO WAY LOCATED IN SECTION 8, T.3 N., R.1 E., B.M. suITE 14D MERIDIAN, ADA COUNTY, IDAHO MERIDIAN, IDAHO 83642 208-288-0573 0 DRAWN: MEM DATE: 12/15/D6 SCALE: 1=400 JOB N0. 19642 Exhibit C • 05 00~ __ cn o .° ~ ~ N 89'36'25"E 193.77' 0 v 0 0 0 EXHIBIT "C" _S 89'S7'11_W _ __ __ 2644.03' FAIRVIEW AVENUE LINE TABLE LINE LENGTH BEARING L-1 13.46 N89°55'00"W L-2 42.49 N44°54'55"W L-3 6.50 N89°55'00"W L-4 33.00 S00°20'57"E L-5 15.00 N00°20'57"W OS 04 08 09 d N ~~ I I W I ~ I v ~~z o o ~~ z I ~~ ~i ``' 0 0 ~ o v 0 0 CURVE TABLE CURVE LENGTH RADIUS DELTA TANGENT CHORD BEARING CHORD C1 164.20' 444.28' 21'10'34" 83.05' S 79'03'46" W 163.27' I 0 0 la ~ w o ~ S00°05'17"W I ~ ~ 45:00' W ~ S 89'39'03" W 2615.02' r- PINE AVENUE ~ 490.79' _ 44p.75'' O8 09 330.64' C1 5 1683.48' L4 353.77' 1/4 S44'22'51'E "' N 22.68' r ~ ~ N OVERALL PARCEL o^~ ar N00°05'17"E 7.396,686 sq.ft. o'~o N 169.80 ocres 48.11' L3 S71'10'34"W ~ N 2 d U N QO U L2 74.4 S01 °02'07"W o 1 ~ ~ _„ ~ N88°55'23"W 50.00' I oJ 1~ • , 2423.39 -~~ ~ ~ o o N00°05'17" S69°31'00"E ~I ~ o~N 97.08' 13.77 °a°. b a S 88'57'53" E '~ 127 m' O8~'09 REVISIONS PINEBRIDGE OVERALL PARCEL LEGAL Stanle-~Consuttants ~~. DESCRIPTION EXHIBIT 1940 S. BONi70 WAY LOCATED IN SECTION 8, T.3 N., R.1 E., B.M. suITE 1ao MERIDIAN, ADA COUNTY, IDAHO MERIDIAN, IDAHO 83642 208-288-0573 ORAWN; MEM DATE: 12/15/06 SCALE: 1=400 JOB N0. 19642 Exhibit C • • DESCRIPTION FOR PINEBRIDGE ANNEXATION PARCEL 1 December 26, 2006 A PARCEL OF LAND BEING A PORTION OF THE NW'/,, OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 8, T. 3 N., R. 1 E., B.M., ADA COUNTY, IDAHO, THENCE N 89°34'33" E 1591.59 FEET ALONG THE NORTH LINE OF SAID SECTION 8 TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 89°34'33" E 191.60 FEET ALONG SAID NORTH LINE TO A POINT; THENCE S 00°02'34" W 325.02 FEET TO A POINT; THENCE N 89°34'33" E 95.00 FEET TO A POINT; THENCE N 00°02'34" E 325.02 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 8; THENCE N 89°34'33" E 580.75 FEET ALONG SAID NORTH LINE TO A POINT; THENCE S 00°04'24" W 1150.10 FEET TO A POINT; THENCE N 89°36'25" E 193.77 FEET TO A POINT ON THE EAST LINE OF THE NW'/ OF SAID SECTION 8; THENCE S 00°04'01" W 622.51 FEET ALONG SAID EAST LINE TO A POINT; THENCE S 88°13'39° W $47.84 FEET TO A POINT; THENCE N 68°24'37" W 321.74 FEET TO A POINT; THENCE S 00°02'44" E 829.49 FEET TO A POINT; THENCE S 89°38'58" W 817.40 FEET TO A POINT; THENCE N 00°00'36" E 660.67 FEET TO A POINT; 19642-ANNEXATION PARCEL 1 Exhibit C THENCE N 89°59'33" W 687.38 FEET TO A POINT ON THE WEST LINE OF THE NW '/< OF SAID SECTION 8; THENCE N 00°00'16" E 670.41 FEET ALONG SAID WEST LINE TO A POINT; THENCE S 89°59'39" E 508.27 FEET TO A POINT; THENCE S 55°51'09" E 314.44 FEET TO A POINT; THENCE S 65°46'37" E 588.99 FEET TO A POINT; THENCE S 68°24'37" E 195.54 FEET TO A POINT; THENCE N 00°09'39" E 1189.46 FEET TO A POINT; THENCE N 89°53'28" E 100.03 FEET TO A POINT; THENCE N 00°05'54" E 476.54 FEET TO THE REAL POINT OF BEGINNING. SAID PARCEL CONTAINING 69.47 ACRES MORE OR LESS. THIS PARCEL IS SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY. y~Eti/ PPROYAL 3Y_.. "~ Ei<lRilaN PU81.(C v..~rKS DEPF. MICHAEL E. MARKS, PLS N0.4998 19642-ANNEXATION PARCEL 1 Exhibit C EXHIBIT "B" 06 05 S 89'34'33" W 07 08 - 1591.59' ~- ~ ~ ~ ~~ W .n 0 I ~ 00 N z "v N .~ I ~ I iv I w ~ ~ °' rry a rn 0 `~ 58959'39"E o °p 508.27' SSSS z .- J~4R O9F A I '865• Q I ~t 546' ~.. o Io 8a g9 f K ~ S68'24'37"E ~6b 195.54' y N89~59'33"W ~ 687.38' O J N ~ O W NIO ~ ~ O ~ N W OItO ~I? O A ~I m ol~ ri ,°o ~ z o• ~ of z S89'38'58"W I 817.40' J~ N 89'38'58" E 2652.58' 1/4 CORNER FAIRVIEW AVENUE 0 5 191.60' _ _ 5$0.75' 193.64 8 3 N a O ~ - ~ o ~ N00'02'34"E 325.02 d o ~ N89'34'34"E 95.00 o. 1 oN'I 3 '~ a O N89'S3'28"E N 'd .- o 100.03' ~ o o I ~ ~ d c rn' I ~ ~ ~ ANNEXATION PARCEL 1 ~ 3,025,929 sq.ft. I 69.46 acres N89'36'25"E ' 7 93.7 7 3 ' ~ tV N O ~ ~ w ?q3~W 58873'39"W 27, ) , -~ 4 847.84' N O M O O ~ - Z kEYI P ROYAL BY I Nf `C I I KS DE T W R I i7 nsi 687.31' ,_ . '""''""'"° PINEBRIDGE ANNEXATION PARCEL ONE (1) Stanley Consultants ~N~ LEGAL DESCRIPTION EXHIBIT 1940 S. BONITO WAY LOCATED IN SECTION 8, T.3 N., R.1 E., B.M. surrE too MERIDIAN, ADA COUNTY, IDAHO MERIDIAN, IDAHO 83642 208-288-0573 DRAWN: MEM DATE: 72/15/06 SCALE: N75 JOB N0. 19642 Exhibit C DESCRIPTION FOR PINEBRIDGE ANNEXATION PARCEL 2 December 26, 2006 A PARCEL OF LAND BEING A PORTION OF THE SW'/4 OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SW'/ OF SECTION 8 (WEST'/ CORNER), T. 3 N., R. 1 E., B.M., ADA COUNTY, IDAHO, THENCE N 89°38'58" E 662.30 FEET TO THE REAL POINT OF BEGINNING OF THIS DESGRIPTION; THENCE N 89°38'58" E 1987.37 FEET TO THE NORTHEAST CORNER OF THE SW'/ (CENTER'/<CORNER) OF SAID SECTION 8; THENCE S 00°05'17" W 662.33 FEET ALONG THE EAST LINE OF SAID SW'/ TO A POINT; THENCE S 89°38'12" W 1329.06 FEET TO A POINT; THENCE N 00°01'11" E 331.21 FEET TO A POINT; THENCE S 89°38'43" W 657.47 FEET TO A POINT; THENCE N 00°00'36" E 331.45 FEET TO THE REAL POINT OF BEGINNING. SAID PARCEL CONTAINING 25.22 ACRES MORE OR LESS. THIS PARCEL IS SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY. BY VIE Pp'_LH _ R!EktLikN P~tgLl'. ~'^kKS DE?7 19642-ANNEXATION PARCEL 2 Exhibit C EXHIBIT "C" oslos ..___ FAIRVIEW AVENUE , ~/a_coRNEa 07 OB I -- 5 89'34'13° W -_ ~ ~° 2652.58' ~~ -;~' r- ~ o n o IA ~ I m I ANNEXATION I ~ I PARCEL 1 Im m A + o A ~ IW N O .a 07 OB '649.67 CENTER 1/4 0 1987.37 w o ~a ma o 0 N , ~ ~ O ~~ m ANNEXATION PARCEL 2 ~ N 58~38'4~"W ss7.a7' 1,098,607 sq.ft. w o w g 25.22 acres w ~ D ~ d D m p ~r. _ _, ~ ~ 589'38'72°W 7329.04' LAYNE INDUSTRIAL PARK N~A A 4 O REVI BY CVAL N y z 0 !'CP c rc~ K_ .~_.T ~ REVISIONS PINEBRIDGE ANNEXATION ~~ PARCEL TWO (2) Stanley Consultants ~ ~ LEGAL EXHIBIT . 1940 S. BONITO WAY LOCATED IN SECTION 8, T.3 N., R.1 E., B.M. surrE 140 MERIDIAN, ADA COUNTY, IDAHO MERIDIAN, 1DAH0 83642 208-288-0573 0 O R4ri?J: MEM DATE: 12/15/06 SCALE: 1" =400' JOB N0. 19642 Exhibit C ~ i DESCRIPTION FOR PINEBRIDGE REZONE PARCEL 1 December 26, 2006 A PARCEL OF LAND BEING A PORTION OF THE SE'/ OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SE % (EAST'/ CORNER) OF SECTION 8, T. 3 N., R. 1 E., B.M., ADA COUNTY, IDAHO, THENCE S 89°39'03" W 440.75 FEET ALONG THE NORTH LINE OF THE SE Y< TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 00°20'57" E 33.00 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF PINE AVENUE; THENCE N 89°39'03" E 353.77 FEET ALONG SAID SOUTHERLY RIGHT OF WAY TO A POINT; THENCE S 44°22'51" E 22.88 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF EAGLE ROAD; ALONG THE WESTERLY RIGHT OF WAY OF EAGLE ROAD THE FOLLOWING: THENCE S 01°02'07" W'770.98 FEET TO A POINT; THENCE S 71°10'34" W 74.43 FEET TO A POINT; THENCE $ 01°02'07" W 50.00 FEET TO A POINT; THENCE S 69°31'00" E 13.77 FEET TO A POINT; LEAVING SAID WESTERLY RIGHT OF WAY OF EAGLE ROAD: THENCE N 88°55'23" W 2423.39 FEET TO A POINT; THENCE N 00°05'17" E 97.08 FEET TO A POINT; THENCE N 89°55'00" W 13.46 FEET TO A POINT; 19642-REZONE PARCBL 1 Exhibit D • THENCE N 44°54'55" W 42.49 FEET TO A POINT; THENCE N 00°05'17" E 48.11 FEET TO A POINT; THENCE N 89°55'00" W 6.50 FEET TO A POINT ON THE WEST LINE OF THE SE'/ OF SAID SECTION 8; THENCE N 00°05'17° E 617.64 FEET ALONG SAID WEST LINE TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF PINE AVENUE; ALONG THE SOUTHERLY RIGHT OF WAY OF PINE AVENUE THE FOLLOWING: THENCE N 89°39'03" E 330.64 FEET TO A POINT OF CURVATURE; THENCE 164.20 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 444.28 FEET, A DELTA ANGLE OF 21°10'34", A TANGENT OF 83.05 FEET AND A CHORD BEARING OF N 79°03'46" E 163.27 FEET TO A POINT ON A CURVE; THENCE N 00°20'57" W 15.00 FEET TO A POINT; THENCE N 89°39'03" E 1683.48 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. SAID PARCEL CONTAINING 49.64 ACRES MORE OR LESS. THiS PARCEL IS SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY. kEViEW 'pFRDvHI. L Y_ ~+"~ ter ciKG '',,^GT,IG ~. 19642-REZONE PARCEI',1 Exhibit D EXHIBIT "B" CENTER 1/4 CORNER PINE AVENUE 1/4 CORNER N 89'39'03" E 2615.02' 440.75' 0$ 09 15.00' 4 ~ 1683.48 ~ ~ ~ ' 330.64' 353.77' N 89'39'03" E C1 N00'20'S7"W N 89'39'03" E 15.00 S00'20'S7"E 5 44'22'51 "E ~- ~ 33.00 22.68' I 3 l~ REZONE PARCEL 1 -0^0 ~ 01 2,162,334 sq.ft. 1 ol~ o -``' L3 N00'05'17"E 49.64 acres ~ ^ ~ N 'n L2 48.11' S71'10'34"W ~ ° L1 74.43' o N00'05'17"E 501'02'07"W z 97.08 . ~ ~ ~ ~ ~N88'55'23"W 50.Op' I ' 242 ~ - ~ - - •31'00" o I 13.77' ~ ~ o ~ S 88'57'53" E Q `D N 127.02' ~ w 1/16 CORNER 1 1 3 M ~ n ~ O I N O ~ 1''t "F cv~.;.. ~ s O8 FRANKLIN ROAD S 89'39'17" W 08 09 ' ~ ` i;RKS GEPT. 1/4 CORNER 2570.9fi' 17 16 LINE TABLE LINE LENGTH BEARING L-1 13.46 N89'S5'00"W L-2 42.49 N44'S4'55"W L-3 6.50 N89'55'00"W N O V I a 0 0 CURVE TABLE CURVE LENGTH RADIUS DELTA TANGENT CHORD BEARING CHORD C1 164.20' 444,28' 21'10'34" 83.05' S 79'03'46" W 163.27' s PINEBRIDGE REZONING PARCEL {1) LEGAL DESCRIPTION EXHIBIT LOCATED IN SECTION 8, T.3 N., R.1 E., B.M. MERIDIAN, ADA COUNTY, IDAHO MEM DATE: 12/15/06 SCALE: 1=400 Stanley Consultants 1940 S. BONITO WAY SUITE 140 MERIDIAN, IDAHO 83642 208-288-0573 JOB N0. 19642 Exhibit D DESCRIPTION FOR PINEBRIDGE REZONE PARCEL 2 December 26, 2006 A PARCEL OF LAND BEING A PORTION OF THE NW'/., OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCWBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NW '/. OF SECTION 8 (WEST'/. CORNER), T. 3 N., R. 1 E., B.M., ADA COUNTY, IDAHO, THENCE N 89°38'58" E 687.31 FEET ALONG THE SOUTH LINE OF THE NW '/ TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION: THENCE N 00°00'36" E 150.00 FEET TO A POINT; THENCE N 89°38'58" E 817.40 FEET TO A POINT; THENCE N 00°02'44° W 829.49 FEET TO A POINT; THENCE S 68°24'3T E 321.74 FEET TO A POINT; THENCE N 88°13'39" E 847.84 FEET TO A POINT ON THE EAST LINE OF SAID NW %a THENCE S 00°04'01° W 880.32 FEET TO THE SOUTHEAST CORNER OF SAID NW'/A; 7HENCE S 89°38'58° W 1962.36 FEET TO THE REAL POINT OF BEGINNING. SAID PARCEL CONTAINING 26.03 ACRES MORE OR LESS. THIS PARCEL 1S SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY. REVI AP VAL BY MERIDIAN PUBLIC WORKS DEPT. 19642-REZONE PARCEL 2 Exhibit D EXH I B1 T "L'' oe 0.5 o~~ r O I C7 C N --i . c~ I 0 r~i ' ~ I 0 a v 88'13'39"E 847.84' N N `O-l~ REZONE PARCEL 2 oIo ~ 1,133,930 sq.ft. Nlo 26.03 ocres ~ N89'38'58"E 817.40' $89'38'58"W CENTER 1/4 CORNER - ~ _ 1962.36' - - FAIRVIEW AVENUE os -Q t/4 CCRNER 0 I PINE m 08 AVENUE N89'38'58"E 687.31' 1 REVISIONS PINEBRIDGE REZONING PARCEL (2) LEGAL Stanley Consultants .NC. DESCRIPTION EXHIBIT 1940 S. BONITO WAY LOCATED IN SECTION 8, T.3 N., R.1 E., B.M. SUITE 140 MERIDIAN, ADA COUNTY, IDAHO MERIDIAN, IDAHO 83642 208-288-0573 DRAWN: MEM DATE: 12/26/06 SCALE: 1=400 JOB N0. 19642 z 0 U CG a 0 Exhibit D D. Required Findings from Unified Development Code 1. Annexation and Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to C-G. The City Council fords that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; If the applicant enters into a development agreement with the city, the City Council fords that future development of this property will comply with the established regulations and purpose statement of the C-G zone. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment should not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). If the applicant enters into a development agreement with the City, the City Council finds that the annexation of this property is in the best interest of the City as it meets the intent of the Comprehensive Plan. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. Staff generally supports the proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. Public services are available or can be made available and are adequate to accommodate the proposed development; Exhibit D • The City Council fmds that public services can be made available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 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 City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. f. The development preserves significant natural, scenic or historic features. Staff is unaware of any natural or scenic features on this site. However, there are several old structures located at the corner of Nola and Pine that may be classified as historical structures. The City Council finds that the Applicant should meet with the Historic Preservation Commission to determine if these structures should be preserved. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. 3. Variance Findings: The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-SB-4.E of the UDC to review the variance request. Itn order to grant a variance, the Council shall make the following findings: a. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: In addition to Pine Avenue/Street, the applicant is proposing to use two other access points to Eagle Road. If the City Council grants the two proposed access points on Eagle Road/SH55, it would grant a right that is currently prohibited not only in the C-G zone but for all new development adjacent to state highways. Several public access points are available to this site from N. Locust Grove Road and E. Fairview Avenue and an access point via E. Pine Avenue already exists to SH 55. Therefore, Staff does not find that the request is consistent with UDC 11-SB-4E-1 and this finding does not apply to the subject property. However, the City Council does find Exhibit D • s that the Applicant's request is consistent with UDC 11-SB-4E1 and approves the access point to Eagle Road from Commercial Street. (Note: The applicant withdrew the Variance request for the proposed access point to Eagle located between Commercial and Pine.) b. The variance relieves an undue hardship because of characteristics of the site; Council finds that the location of this site, being on a major arterial, justifies an access point being constructed to Eagle Road/SH 55. c. The variance shall not be detrimental to the public health, safety, and welfare. It is important to limit access points on major roads such as highways, as their main function is to move traffic over longer distances at higher speeds. This means separating access points on said roads so that turning movements occur at fewer locations. Frequent access points do increase congestion. And as traffic congestion increases, so does the likelihood of traffic conflict and the potential for accidents. Council finds that granting the proposed access point to Eagle from Commercial will not be detrimental to the public health, safety, and welfare and is approved. NOTE: The applicant withdrew the Variance request for an access point to Eagle Road proposed between Commercial and Pine. Exhibit D • • November 2, 2007 VAR 07-007 MERIDIAN CITY COUNCIL MEETING November 7, 2007 APPLICANT Stanley Consultants ITEM NO. 5-J REQUEST Findings for Approval -Variance Application for two access points to North Eagle Road for Pinebridge -south of East Fairview Ave, east of North Locust Grove Rd and west of North Eagle Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See altctched Findings Date: Phone: Staff Initials: Materials presented at public meeHn~s shall become properly of the Cffy of Meridian. • • ~ -_ __ °°°3 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER E IDIAN~;~-- ~~~ In the Matter of the Request for Annexation and Zoning of 94.69 acres from Rl and RUT (Ada County) to C-G (General Retail & Service Commercial) District; Rezone of 75.67 acres from I-L (Light Industrial) District to C-G (General Retail & Service Commercial) District; Preliminary Plat of 61 building lots and 21 common lots on 170 +/- acres; and Variance for two access points to N..Eagle Road, by Stanley Consultants. Case No(s). AZ-07-006, RZ-07-010, PP-07-008, and VAR-07-007 For the City Council Hearing Date of: October 16, and 23, 2007 (Findings on the November 7, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 23, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 23, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 23, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 23, 2007, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-3 82 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-07-006, RZ-07-010, PP-07-008, VAR-07-007 -1- • 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has geanted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Descriptions, Preliminary Plat, Conditions of Approval, and Development Agreement provisions, all in the attached Staff Report for the hearing date of October 23, 2007, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The Applicant's Annexation and Zoning request, as evidenced by having submitted the legal description and exhibit map, stamped. and dated February 5, 2007, by Michael Marks, PLS, is hereby conditionally approved; 2. A Development Agreement is required with approval of the subject Annexation & Zoning application and shall include the provisions noted in the attached Staff Report for the hearing date of October 23, 2007, incorporated by reference; 3. The Applicant's Rezone request, as evidenced by having submitted the legal description and exhibit map, stamped and dated February 5, 2007, by Michael Marks, PLS, is hereby conditionally approved; 4. The Applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated 3/5/07 is hereby conditionally approved; and, 5. The Applicant's Variance request for an access point to Eagle Road/SH 55 from Commercial Street is hereby approved; 6. The Applicant withdrew the Variance request for an access point to Eagle Road proposed between Commercial Street & Pine Avenue; and 7. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of October 23, 2007, incorporated by reference. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-006, RZ-07-010, PP-07-008, VAR 07-007 -2- D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review 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 may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of October 23, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-006, RZ-07-010, PP-07-008, VAR-07-007 -3- • • By action of the City Council at its regular meeting held on the ~ ~~ day of 2007. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TANIMY de WEERD ATTEST: ~~ VOTED__~~~ VOTED_ 1~~~ VOTED_ (~~G~ VOTED_Z~/~~ VOTED MAYOR,' _ d,~,WEER o ~~ 9:T~~ ~~ WILLIAM G. BERG, JR., ~ LERI~ ~ ,+~' a Copy served upon: /~ Applicant e'~',r`///////11111 Iti111111`t`~`~~\a\ ~/ Planning Department '/ ublic Works Department City Attorney B Dated: ~ ~" 04~~~ ity Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-006, RZ-07-010, PP-07-008, VAR-07-007 -4- CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF OCTOBER 23, 2007 STAFF REPORT HEARING DATE: October 23, 2007 (Continued from September 18, October 2, and October 16, 2007) TO: Mayor & City Council FROM:. Sonya Wafters, Associate City Planner ~ IDIAN~~-- (208) 884-5533 I~AH~ SUBJECT: Pinebridge • AZ-07-006 Annexation and Zoning of 94.69 acres from Rl and RUT (Ada County) to C- G (General Retail & Service Commercial) District • RZ-07-010 Rezone of 75.67 acres from I-L (Light Industrial) District to C-G (General Retail & Service Commercial) District • PP-07-008 Preliminary Plat of 61 building lots and 21 common lots on 170 +/- acres • VAR-07-007 Variance for two access points to N. Eagle Road 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Stanley Consultants, has applied for Annexation and Zoning (AZ) of 94.69 acres from Rl and RUT (Ada County Zones) to C-G (General Retail and Service Commercial) District; Rezone (RZ) of 75.67 acres from I-L (Light Industrial) District to C-G Zone; Preliminary Plat (PP) consisting of 61 commercial building lots and 21 common lots on 170 +/- acres; and a Variance (VAR) for two access points to N. Eagle Road. As part of the AZ & RZ applications, the applicant has submitted a conceptual site plan showing the proposed uses and layout of the development along with conceptual building elevations of some of the proposed buildings. The Pinebridge development is proposed to consist of approximately 3,000,000 square feet of commercial, light office, and multi-family residential uses and a medical campus. Buildable lots for the proposed subdivision range in size from 0.43 of an acre to 13.62 acres. The proposed development will also result in the extension of E. Pine Avenue between Locust Grove and Eagle Road, which will serve as the primary eastlwest connection for the proposed development. The proposed Pinebridge Avenue will serve as the primary north/south connection between Fairview Avenue and Pine Avenue. Two roundabouts are proposed for Pinebridge Avenue and Pine Avenue; one is proposed for the intersection of Pine Avenue and Webb Avenue and a second one is proposed for the intersection of Pinebridge Avenue and E. State Avenue. Across-access agreement(s) will be provided for the development to allow for shared parking. A Variance is requested for two access points to Eagle Road; the first access request is for the continued use of an existing access point on Commercial Street that has been used by Elixir, and the second request is for a new access point which will be located on Eagle Road halfway between Pine and Commercial. The VAR for access points are required due to a change in use of the property and because the locations proposed do not comply with the spacing requirements of the UDC. The overall site consists of approximately 170 acres and is located on the south side of E. Fairview Avenue, on the east side of N. Locust Grove Road, on the west side of N. Eagle Road, and on the Pinebridge AZ RZ PP VAR PAGE I CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF OCTOBER 23, 2007 north side of E. Commercial Street. The subject property is within the City's Area of Impact and the Urban Service Planning Area. Part of the subject property, 75 acres, is already annexed into the City. The remainder, 95 acres is still zoned in the County. 2. SUMMARY RECOMMENDATION The subject applications (AZ, RZ, PP, & VAR) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning, Rezone, Preliminary Plat, and Variance applications. Staff is recommending approval of the proposed AZ, RZ, & PP applications but is recommending denial of the VAR request per the conditions listed in Exhibit B of the Staff Report, based on the Findings in Exhibit D of this report. (The Commission is not required to make a recommendation to City Council on the Variance request.) The Meridian Planning & Zt1IIlIIg Commission heard these items on Mav 17 June 21 July 19 and August 16.2007. At the public hearing on August 16 2007 they moved to recommend auAroval to the City Council of the subiect AZ, RZ. and PP request a. Summary of Commission Public Hearing• i. In favor: Dan Torfin, DMB Investments• Jack Cortabitarte ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Wafters vi. Other staff commenting on application• Caleb Hood lL Kev Issue(s) of Discussion by Commission• i. The timeline of the extension of Pine Avenue to Locust Grove Road• ii. The existence of historical structures on the property and what the Applicant intends on doing with them; iii. The location of the 10-foot wide mWti-use pathway required by the Master Pathways Plan through the site: iv. The requirement for a final plat to be signed prior to issuance of any occupancy permits on the site; v. Requiring the Applicant to provide cross-access to adiacent industrial properties• ~ Kev Commission Change(s) to Staff Recommendation• i. Add a condition that Pine Avenue be extended to Locust Grove Road prior to issuance of any Certificate of Zoning Compliances for buildings that would require access from Pine Avenue• ii. Modify condition 1.1.3 in Exhibit B regarding structures being built adiacent to roadways with parking to the rear and sides of the structures to the "maiority" of parking to the rear and sides of the structures iii. Modify condition 1.2.6 in Exhibit B regarding cross-access and driveway stubs to not require cross-access to the Elliott Group and H2NR parcels but require emergency access to be provided to the H2NR parcel at the southeast corner still require cross-access to the Cortabitarte and Belair parcels• iv. On condition 2.14 in Exhibit B, include the provisions of the UDC that allow for the possibility of a waiver for the requirement of covering waterways that cross the property. v. Strike condition 4.3 in Exhibit B. which limits shrubs and bushes to species that do not exceed 2 feet in height. to allow these issues to be reviewed on a case by case basis by Staff through the Certificate of Zoning Compliance process• Pinebridge AZ RZ PP VAR PAGE 2 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 vi. Modify condition 4.6 in Exhibit B, which restricts the Pinebridge/Fairview intersection access point to a right-in/risht-out only, to require that the design of this intersection be subiect to ACHD approval: ~_ Outstanding Issue(s) for Citv Council: i. Historic Preservation Commission should provide a recommendation to the City Council regarding the historic structures on the site: Applicant should also address at the City Council hearing the information obtained from the State Historic Preservation office as well. (Note: Lila Hill submitted comments on this as follows: the barn is approximately 67 years old; the granary was moved there in about 1935 and is too eroded to save: the shed was originally a chicken house and is 75 years old: and the house was built in 1906 by the Howry brothers.) The Council should consider the comments from Lila Hill and any additional comments from the HPC to determine if any of the buildings should be preserved. ii. The Commission requested that the Applicant and Staff work together to come up with a condition that would allow for occupancy permits to be issued prior to plat recordation. Staff met with the Applicant and came up with the following condition: "Where there are existing utilities and where the surrounding public roads are fined. the Applicant shall be allowed up to 7 occupancy permits prior to final plat recordation. The Planning Director and the Development Services Manager may consider allowing additional occupancy permits (not to exceed 131 if the administration of the previous 7 seems to be efficient and in the City's best interest." Staff has added this as condition #1.2.11 in Exhibit B. iii. Blue Cross of Idaho has expressed concern to the Planning Department regarding access to their property once Pine Avenue is widened. The Applicant is working with ACHD and BCI to resolve the access issue. Staff is unaware of the outcome of those negotiations. This is the main reason the proiect was continued the last time. Pinebridge AZ RZ PP VAR PAGE 3 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF OCTOBER 23, 2007 vi. ithdrawal of the Variance reaue t for the acce no'nt to .a le Road betwee C i l i ~ ommerc a and P ne: ev Count 1 Changec to StafF/(:nmmicsinn R .enmm .n anon 1. od'fv condition #1.2.10 re ar ing he 'min of the extencinn of Pine Avenue ocust Grove Road to prior to issuance of anv Ce 'ficate of Occunancv er than Certificate of Zo ins Comas fiance for b it ins tha woLld rea sire access from Pine Avenue. 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers A~07- 006, R~07-010, PP-07-008, & VAR-07-007 as presented in staff report for the hearing date of October 23, 2007, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-07- Q06, RZ-07-010, PP-07-008, & VAR-07-007 as presented during the hearing on October 23, 2007, for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance I move to continue File Numbers AZ-07-006, RZ-ti7-010, PP-07-008, & VAR-07-007 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: South of E. Fairview Avenue, East of N. Locust Grove Road, west of N. Eagle Road, and north of E. Commercial Street (see page 2 of application for specific parcel numbers). Section 8, Township 3 North, Range 1 East b. Owner: DMB Management, LLC 250 S. Beechwood, Ste. 120 Boise, Idaho 83709 c. Applicant: Stanley Consultants 1940 S. Bonito Way, Suite 140 Meridian, ID 83642 d. Representative: Michael Wilson, Stanley Consultants e. Present Zoning: Rl (Ada County), RUT (Ada County), C-G (General Retail and Service Commercial), and I-L (Light Industrial) f. Present Comprehensive Plan Designation: Muted Use -Community, Mixed Use -Regional, and Industrial g. Applicant's Statement/Justification: From Applicant's narrative submitted with application, "Pinebridge Subdivision will provide the City of Meridian with high quality commercial uses, Pinebridge AZ RZ PP VAR PAGE 4 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF OCTOBER 23, 2007 offices, multi-family residential development, and a proposed medical campus. Approximately 3,000,000 square feet of residential, commercial, and light office uses are proposed for Pinebridge. The large scale of the proposed development will result in significant job creation and properly tax revenue for the City of Meridian. The proposed development will also result in the construction of the extension of E. Pine Avenue between Locust Grove and Eagle Road; this extension will provide a critical road connection for the City of Meridian... The proposed multi- family residential component of Pinebridge will help to add to Meridian's diversity of housing types by adding multi-family housing to a housing inventory that is made up primarily of single- family residential development... Pinebridge Subdivision will be an innovative, vibrant, mixed- use development which will provide quality commercial and office development, a medical campus, and multi-family housing." (See applicant's narrative for more information.) 5. PROCESS FACTS a. The subject application will in fact constitute an Annexation and Zoning as determined by City Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is required before the Commission and City Council on this matter. b. The subject application will in fact constitute a Rezone as determined by City Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is required before the Commission and City Council on this matter. c. The subject application will in fact constitute a Preliminary Plat as determined by City Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is required before the Commission and City Council on this matter. d. The subject application will in fact constitute a Variance as determined by City Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is required before the City Council on this matter. e. Newspaper notifications published on: Apri130, 2007 and May 14, 2007 (Commission); August 27, 2007 and September 10, 2007 (Gifu Councill f. Radius notices mailed to properties within 300 feet on: Apri120, 2007 (Commission); August 24, 2007 (Gifu Council) g. Applicant posted notice on site by: August 6, 2007 (Commission); September 27, 2007 (Gifu Council 6. LAND USE a. Existing Land Use(s): There are a few existing single-family homes and associated outbuildings on this site but the site primarily consists of vacant land. b. Description of Character of Surrounding Area: The area surrounding this site consists primarily of industrial uses and vacant undeveloped land with some office and commercial uses, with a multi-family development to the north of the site. c. Adjacent Land Use and Zoning: 1. North: Commercial uses, zoned C-G; Vacant undeveloped property, zoned RUT (Ada County); multi-family residential development, zoned R-40; Industrial, commercial, & office uses, zoned I-L 2. East: Industrial, commercial & office uses and undeveloped property, zoned I-L; Commercial property, zoned C-G 3. South: Industrial property, zoned I-L; offices, zoned L-O; school, zoned L-O Pinebridge AZ RZ PP VAR PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN•ATE OF OCTOBER 23, 2007 4. West: Industrial property, zoned I-L; Vacant ground, zoned RUT in Ada County; Commercial property, zoned C-G; residential property, zoned R-8 and R-40 d. History of Previous Actions: • The northern portion of this property was previously platted in Ada County as part of Pleasant Valley Subdivision; a very small southern portion was platted as part of Gemtone Center Subdivision No. 5; and the rest has not been previously platted. • A development application was previously submitted for Pinebridge in 2005 (AZ-OS-013, PP- OS-015, & CUP-OS-020) that included all of the subject property except for the portion east of N. Machine Avenue. This previous application was withdrawn by the Applicant. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: This property is proposing to sewer to mains located in Locust Grove Road, East Fairview Ave and East Pine Ave. Location of water: This property is proposing water service to mains located in Locust Grove Road, East Fairview Ave and East Pine Ave. Issues or concerns: None 2. Canals/Ditches Irrigation: There are a few irrigation ditches and drains that traverse through or adjacent to this site. All open irrigation ditches, laterals and canals, should be tiled when this property develops. 3. Hazards: The Planning Department is not aware of any hazards associated with this property. 4. Proposed Zoning: C-G (General Retail and Service Commercial) 5. Size of Property: 170 +/- acres f. Landscaping 1. Width of street buffer(s) adjacent to: E. Fairview Avenue: 25 feet (principal arterial) N. Locust Grove Road: 25 feet (minor arterial) E. Pine Avenue: 25 feet (minor arterial) N. Eagle Road: 35 feet (principal arterial & entryway corridor) Pinebridge Avenue: 20 feet (collector) E. Commercial Street 20 feet (collector) E. Wilson Lane: 20 feet (collector) E. State Street: 10 feet (local) E. Shellbrook Drive: 10 feet (local) N. Webb Avenue: 10 feet (local) N. Machine Avenue: 10 feet (local) Note: UDC Table 11-2B-3 lists the required street buffer widths for the following street classifications: Street landsca a buffer in feet) Local 10 Collector 20 Arterial 25 Pinebridge AZ RZ PP VAR PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REP • ~i ORT FOR THE HEARING DATE OF OCTOBER 23, 2007 Entryway corridor 35 If the street classification of any of the above-listed streets is incorrect, please refer to the table above for the correct buffer width. Street buffers shall be constructed in accordance with the standards listed in UDC 11-3B-7C, Landscape Buffers along Streets. 2. Width of buffer(s) between land uses: A 25-foot wide buffer is required adjacent to all residential uses. Buffers shall be constructed in accordance with the standards listed in UDC 11-3B-9C. 3. Common open space: NA (Common open space will be required with CUP approval of the multi family residential portion of the development, per UDC 11-4-3-27C.) g. Amenities: NA (Amenities will be required with CUP approval of the proposed multi family residential portion of the development, per UDC 11-4-3-27D.) h. Off-Street Parking: One off-street parking space is required for every 500 square feet of gross floor area in commercial districts, per UDC 11-3C-6B. (See UDC 11-3C-6for required number of off-street parking spaces for residential use.) i. Required Dimensional Standards for the C-G zone: Front setback: 0 Rear setback: 0 Interior side setback: 0 Maximum building height: 65 feet Maximum building size without design standard approval: 200,000 square feet (See UDC 11-4-3-278 for specific dimensional standards for Multi family Residential Use) j. Summary of Proposed Streets and/or Access: Access to the proposed development will primarily be provided from E. Fairview Avenue via Pinebridge Avenue, and N. Eagle Road & N. Locust Grove Road via Pine Avenue. The applicant is proposing to construct Pinebridge Avenue south from E. Fairview Avenue and extend E. Pine Avenue to the west from N. Eagle Road to N. Nola Road, which will serve as the primary access points into the development. Pinebridge Avenue will be constructed within 64 feet ofright-of--way with a 46-foot wide street section (measured back to back), curb, gutter, and a 7-foot wide attached sidewalk. Pine Avenue will be constructed within 96 feet ofright-of--way with a 72-foot wide street section (measured back to back), curb, gutter, a 5-foot wide planter, and detached 5-foot wide sidewalk. East Wilson Lane is proposed to stub to the west at the northern portion of the development for future connection to the existing Wilson Lane west of the site. East State Street is proposed to connect to the east to an existing segment of State Street. North Webb Avenue and North Machine Avenue are proposed to connect to the south to existing segments of these streets. North Newbridge Place will be constructed to the south from E. Pine Avenue to provide access to Lots 4 & 5, Block 2. East Shellbrook will provide access from N. Locust Grove Road to the proposed multi-family portion of the development and connect to Pinebridge Avenue. Commercial Court (an existing private road) runs along the south boundary of the site. Across-access agreement will be recorded for Pinebridge to allow for shared parking. Staff is generally supportive of the proposed street system within the development with the comments and conditions stated in Section 10, Analysis, and Exhibit B of this report. However, Staff is not supportive of the access points proposed on Eagle Road1SH 69 (see Section 10, Analysis, below for more information). Pinebridge AZ RZ PP VAR PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF O ICI CTOBER 23, 2007 7. COMMENTS MEETING On Apri127, 2007 a joint agency and department meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS A majority of the subject property is designated "Mixed Use -Community" (MU-C) and "Mixed Use - Regional," (MU-R) with a 1.5 acre portion designated as "Industrial" on the Comprehensive Plan Future Land Use Map. The proposed C-G zoning district is compatible with the afore-mentioned Mixed Use designations but is not compatible with the Industrial designation. The Comprehensive Plan (page 98) states that "the areas depicted on the Future Land Use Map are conceptual and, therefore, will require further analyses prior to the creation of a zoning map." Staff believes that a map amendment is not necessary for the industrial designated property and that the requested C-G zone and commercial use of this property would be more appropriate because of the property's size (1.5 acres) and proximity to Mixed Use designated land. Per Chapter VII of the Comprehensive Plan, the Mixed Use land use category contains five sub- categories. "Generally, the mixed-use designation will provide for a combination of compatible land uses that are typically developed under a master or conceptual site plan. The purpose of this designation is to identify key areas which are either infill in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities are encouraged. The intent of this designation is to offer the developer a greater degree of design and use flexibility." The MU-C category allows for residential densities of 3 to 15 units per acre. Sample uses in this category also include: grocery stores, drug stores, coffee/sandwich shops, dry cleaner/Laundromat, professional offices, retaiUgift shops, clothing stores, garden centers, restaurants, banks, drive-thru facilities, auto service stations, department stores, medicaUdental clinics, schools, parks, churches, public uses, clubhouses, hardware stores, salons, and daycares. The MU-R category allows for residential densities of 3 to 40 units per acre. This category includes all of the afore-mentioned uses allowed in the MU-C category and also includes entertainment uses, major employment centers, and clean industry. Staff fords the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the subject property in the following manner: - Sanitary sewer and water service will be extended to the project at the developer's expense. - A portion of the subject lands currently lies within the jurisdiction of the Meridian Rural Fire District and a portion lies within the jurisdiction of the Meridian City Fire Department. Once annexed the lands that are currently in the County will be under the jurisdiction of the Meridian City Fire Department, who shares resource and personnel with the Meridian Rural Fire Department. - The portion of the subject property that is currently in the County is under the jurisdiction of the Ada County Sheriff's Office. The portion that is currently in the City is Pinebridge AZ RZ PP VAR PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 under the jurisdiction of the Meridian Police Department (MPD). Once the County portion is annexed, all of the lands will be serviced by the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACIID) except for N. Eagle Road (SH SS), which is owned and maintained by the Idaho Transportation Department (ITD). This service will not change. - The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. - The subject lands are currently serviced by the Meridian Library District. This service will not change. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VII, Goal I, Objective B -Plan for a variety of commercial and retail opportunities within the Impact Area. The applicant plans to develop the property with a mix of multi family residential, light office, and retail uses, with a medical campus. The proposed use of the property will provide a variety of uses in this area of the City. Chapter IV, Goal II -Diversify economic base of City -make Meridian more than a "bedroom" community. Per the Applicant's narrative, the proposed Pinebridge development is planned to add approximately 3, 000, 000 square feet of commercial, residential, and office development to the City and help to diversify the economic base of the City. Chapter VI, Goal II, Objective A, Action 12 -Develop methods, such as cross-access agreements, frontage roads, to reduce the number of existing access points onto arterial streets. Development of this property should reduce the number of existing access points onto adjacent arterial streets by eliminating the current access points and providing internal access from the proposed streets within the development. An internal cross-access and cross- parking agreement will also be required for the proposed lots within this development. • Chapter VII, Goal V, Objective A, Action 7 -Continue promoting quality mixed-use developments in accordance with the Future Land Use Map. The Future Land Use Map designates this property as Mixed Use. Staff believes that the proposed multi family, office, and retail use of this property will be a quality mixed use development. • Chapter VI, Goal V -Encourage the development of a continuum of services to meet the health care needs of the citizens of Meridian. A medical campus is planned within this development, which will help to meet the healthcare needs of the citizens of Meridian. • Chapter VII, Goal II -Serve the Treasure Valley as a regional industrial, commercial, and retail distribution hub. Pinebridge AZ RZ PP VAR PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN•ATE OF OCTOBER 23, 2007 The significant commercial component of Pinebridge will help to make Meridian a commercial hub for the Treasure Valley. Chapter VII, Goal IV -Encourage compatible uses to minimise conflicts and maximize use of land. The proposed medical campus, commercial, light office, and residential uses are compatible with existing uses in the Eagle/Fairview area of Meridian and with the Comprehensive Plan designations for future development in the area. • Chapter VII, Goal III -Ensure that adequate public services, including transportation, for existing and future development are provided. The extension of Pine Avenue and construction of Pinebridge Avenue will provide key transportation routes for the City of Meridian. • Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent pazcels. The applicant is proposing a commercial zone. The UDC requires a 2S foot wide landscape buffer be constructed adjacent to residential uses to assist in buffering residential properties from commercial uses, in accordance with the standards listed in UDC 11-3B-9C. Staff has included a condition of approval that the Applicant must comply with this requirement. • Chapter IV, Goal I, Objective A, Action 6 -Permit new residential, commercial, or industrial developments only where urban services can be reasonably provided at the time of fmal approval and development is contiguous to the City. The proposed mixed-use development is contiguous to the City and can be provided with urban services at the time of final approval. • Chapter V, Goal I, Objective A.3 -Encourage infill development in vacant/underdeveloped areas within the City over fi-inge area development to halt the outward progression of urban development. The subject infill property is largely surrounded by land that has been annexed into the City and is located close to the core of the City. Annexation and development of this property will allow urban growth within an underdeveloped area of the City. • Chapter V, Goal III, Objective B, Action 8 -Require all developments adjacent to designated entryway corridors to provide a minimum of 35 feet of high quality, professional landscaping on the site adjacent to the roadway. A portion of this development is located adjacent to Eagle Road, an entryway corridor into the City. As such, a 35 foot wide landscape buffer will be required adjacent to Eagle Road in accordance with UDC 11-3B-7, Landscape Buffers along Streets. 9. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory, and conditional uses within the C-G zoning district. Retail stores, professional services (offices), and healthcaze services aze listed as principal permitted uses in the C-G zone. Multi-family residential developments require conditional use approval in the C-G zone and aze subject to the Specific Use Standards listed in UDC 11-4-3-27. See UDC 11-2B-2 for a complete listing of uses allowed in the C-G zone. Pinebridge AZ RZ PP VAR PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ ATE OF OCTOBER 23, 2007 b. Purpose Statement of the Commercial Districts: The purpose of the commercial districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district proximity to streets and highways. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: AZ Application: The Comprehensive Plan Future Land Use Map designation for this property is Mixed Use -Community (MU-C). The applicant is proposing a C-G zone, which is generally consistent with the MU-C designation. Approval of the subject annexation and zoning request would allow the Applicant to obtain a commercial (C-G) zoning designation for the subject property. According to UDC 11-2B-2, the uses proposed for this site, retail stores, professional services, and healthcaze services, aze principal permitted uses in the proposed C-G zone. The Applicant has submitted a conceptual development plan and building elevations showing how this site will redevelop with approximately 3,000,000 squaee feet of residential, commercial, and light office uses. Based on the policies and goals contained in the Comprehensive Plan and the Future Land Use Map designation of Mixed Use for this property, Staff believes that the requested C-G zone is appropriate for this property. Please see Exhibit D for a detailed analysis of the required facts and fmdings for an annexation. The annexation legal descriptions for Parcels 1 & 2 submitted with the application (stamped on February 5, 2007 by Michael E. Mazks, PLS) aze accurate and meet the requirements of the City of Meridian and Idaho State Tax Commission. RZ Application: The Comprehensive Plan Future Land Use Map designation for this property is Mixed Use -Regional (MU-R), Mixed Use -Community (MU-C) and Industrial. The proposed C-G zoning district is compatible with the MU-R and MU-C designations but is not compatible with the Industrial designation. The Comprehensive Plan (page 98) states that "the azeas depicted on the Future Land Use Map are conceptual and, therefore, will require further analyses prior to the creation of a zoning map." Staff believes that a map amendment is not necessary for the industrial designated property and that the requested C-G zone and commercial use of this property would be more appropriate because of the property's size (1.5 acres) and proximity to Mixed Use designated land and that the property owner owns all of the subject property. Approval of the subject rezone request would allow the Applicant to obtain a commercial (C-G) zoning designation for the subject property. According to UDC 11-2B-2, the uses proposed for this site (i.e. retail stores, professional services, and healthcare services) are principal permitted uses in the proposed C-G zone. The Applicant has submitted a conceptual development plan and building elevations showing how this site will redevelop with approximately 3,000,000 square feet of residential, commercial, and light office uses. Based on the policies and goals contained in the Comprehensive Plan and the Future Land Use Map designation of Mixed Use for this property, Staff believes that the requested C-G zone is appropriate for this property. Please see Exhibit D for a detailed analysis of the required facts and fmdings for a rezone. The rezone legal description for Pazcels 1 & 2 submitted with the application (stamped on February 5, 2007 by Michael E. Mazks, PLS) are accurate and meet the requirements of the City of Meridian and Idaho State Tax Commission. Pinebridge AZ RZ PP VAR PAGE 11 CITY OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEARIN~ ATE OF OCTOBER 23, 2007 Development Agreement: In conjunction with the AZ & ltZ, Idaho Code §67-6511A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City of Meridian that may require some written commitment for all future uses, per UDC 11-SB-3D2. Staff believes that a DA is necessary to ensure that the site develops in an attractive manner. If the Commission or Council feels additional DA requirements are necessary, staff recommends a clear outline of the commitments of the developer being required. Staff would like to see the following concepts employed in the development of the property: 1) pedestrian connections between buildings in the form of pathways distinguished from vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks; 2) structures built adjacent to roadways with parking to the rear and sides of the structures; 3) common areas with site amenities (i.e., plazas/courtyards, water features, picnic areas, flower gardens, public art, etc.); 4) stractures oriented toward each other with windows, awnings, or arcades totaling at least 30% of the length of the fagade viewable from other structures; 5) provide walkways at least 8 feet in width for any aisle length that is greater than 150 parking spaces or 200 feet away from the main building entrance; ~ exterior building walls should demonstrate the appearance of high quality materials of stone, brick, wood, or other native materials (acceptable materials include tinted or textured masonry block, textured masonry block, textured architectural coated concrete panels, or stucco or stucco like synthetic materials -smooth faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials; 7) at least 2 changes in one or a combination of the following shall be incorporated into the building design: color, tezture and materials; 8) rooflines shall demonstrate 2 or more of the following: overhanging eaves, sloped roofs, two or more roof planes, varying parapet heights, and cornices; and 9) the primary building entrances shall be clearly defined by the architectural design of the building. A Development Agreement will be required as part of the annexation and rezone of this property. Prior to the annexation and rezone ordinance approvals, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation/rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 6 months of Council approval to initiate this process. The DA shall include, at a minimum, the following: • Development of the property shall substantially comply with the conceptual site plan and elevation submitted with the subject application and the concepts outlined below. • No building permits shall be issued, prior to final plat recordation. • The following concepts shall be employed in the development of the property: - General massing of buildings, roundabouts and landscape islands in streets shall be constructed as generally shown on the preliminary plat and conceptual site plan prepared by Stanley Consultants, Inc., dated 3-5-07. - Pedestrian connections shall be constructed between buildings in the form of pathways distinguished from vehiculaz driving surfaces through the use of pavers, colored or scored concrete, or bricks; - Structures shall be built adjacent to roadways with a majority of the pazlcing to the rear and sides of the structures; - Common azeas with site amenities (i.e., plazas/courryazds, water features, picnic azeas, flower gardens, public art, etc.) aze encouraged to be included Pinebridge AZ RZ PP VAR PAGE 12 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF OCTOBER 23, 2007 within the office/retail portion of the development and will be required in the multi-family portion of the development. - Structures should be oriented toward each other or the adjacent street(s); - Windows, awnings, or arcades totaling at least 30 % of the length of the facade should be provided for facades that are viewable from other structures; - Provide walkways at least 8 feet in width for any aisle length that is greater than 150 parking spaces or 200 feet away from the main building entrance; - Exterior building walls should demonstrate the appearance of high quality materials of stone, brick, wood, or other native materials (acceptable materials include tinted or textured masonry block, textured masonry block, textured architectural coated concrete panels, or stucco or stucco like synthetic materials - smooth faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials; - The building design shall incorporate at least 2 changes in one or a combination of the following: color, texture and materials; - Rooflines shall demonstrate 2 or more of the following: overhanging eaves, sloped roofs, two or more roof planes, varying parapet heights, and cornices; - The primary building entrances shall be clearly defined by the architectural design of the building. - A Conditional Use Permit for the multi-family portion of this development shall be submitted prior to submitting for final plat approval on that area. PP Application: The Applicant has submitted a preliminary plat/conceptual site plan for this site labeled as Sheets 1, 2, 3, & 4 of 7, prepared by Stanley Consultants, Inc., and dated March 5, 2007. The proposed subdivision consists of 61 buildable lots and 21 common lots. All proposed lots meet the dimensional standards for the requested C-G zone. Buildable lots range in size from 0.43 of an acre to 13.62 acres. Staff has reviewed the preliminary plat/conceptual site plan and is supportive of the following design features represented on the plan: 1) the orientation of the buildings adjacent to Eagle Road with parking to the side and rear of the structures; 2) the roundabouts which should reduce speeding and assist in traffic flow; and 3) planter islands. The Applicant has not submitted a phasing plan for this site. Due to the size of this development and the proposed extension of Pine Avenue, the Applicant should address the timeline for development of the site at the Commission hearing and submit a phasing plan prior to or at the Commission meeting. Additionally, depending upon the Applicant's phasing plan, the Commission may want to include a DA provision that Pine Avenue be extended prior to issuance of Certificate of Zoning Compliance's on the site. Proposed Streets and/or Access: Primary access to the development is proposed to be provided from E. Fairview Avenue via Pinebridge Avenue, and N. Eagle Road & N. Locust Grove Road via Pine Avenue. The applicant is planning to construct Pinebridge Avenue south from E. Fairview Avenue and extend E. Pine Avenue to the west from N. Eagle Road to N. Nola Road, which will serve as the primary access points into the development. Pinebridge Avenue will be constructed within 64 feet ofright-of--way with a 46-foot wide street section (measured back to back), curb, gutter, and a 7-foot wide attached sidewalk. Pine Avenue will be constructed within 96 feet ofright-of--way with a 72-foot wide street section (measured back to back), curb, gutter, a Pinebridge AZ RZ PP VAR PAGE 13 CITY OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 5-foot wide planter, and detached 5-foot wide sidewalk. East Wilson Lane is proposed to stub to the west at the northern portion of the development for future connection to the existing Wilson Lane west of the site. East State Street is proposed to connect to the east to an existing segment of State Street. North Webb Avenue and North Machine Avenue are proposed to connect to the south to existing segments of these streets. North Newbridge Place will be constructed to the south from E. Pine Avenue to provide access to Lots 4 & 5, Block 2. East Shellbrook will provide access from N. Locust Grove Road to the proposed multi-family portion of the development and connect to Pinebridge Avenue. Across-access agreement will be recorded for Pinebridge to allow for shared parking. ACRD has submitted comments on this application, included in Exhibit B, which recommend against the approval of the proposed traffic signal at the Fairview/Pinebridge intersection as currently proposed. Staff is generally supportive of the proposed street system within the development with the comments and conditions stated in Section 10, Analysis, and Exhibit B of this report. However, Staff is not supportive of the two access points proposed to Eagle Road with the VAR application because access to the site can adequately be provided from Pine Avenue that runs along the northeast boundary of the site, in addition to the other proposed access points to the other arterial roadways. Cross-Access/Driveway Stubs: There are some parcels adjacent to this site that should be interconnected to this development. Staff believes that cross access easements and driveway stubs should be provided to the following parcels: 87104250004 (Cortabitarte, at the east boundary); 87104251802 (Belair Leasing, Inc., at the west boundary); 82333350010 (Elliott Group, LLC., at the west boundary); and 82333350020 (H2NR, LLC., at the west boundary). Across-access agreement should be recorded granting cross-access to these parcels via a note on the plat or a separate agreement. Providing cross-access to the afore-mentioned properties will assist in providing interconnectivity to adjoining parcels and limiting access points on adjacent roadways. Cross access easement(s) should also be recorded for all lots within this subdivision that shale drive aisles. Staff is not requesting that a stub be provided to the south from the multi-family portion of the development to the Duncan property (pazcel #S 1108233990) because of the Comprehensive Plan Future Land Use Map designation of Industrial for the property. Staff feels that connectivity to this parcel should be provided from the south via Pine and/or from the west via Locust Grove through properties that are designated for similar type uses. Landscaping: The Applicant has submitted a landscape plan with this application, labeled as Sheet 1 of 1, prepared by Stanley Consultants, Inc., and dated March 22, 2007. Landscaping must be installed on this site in accordance with the standards listed in UDC 11-3B, Landscaping Requirements. The landscaping shown on the landscape plan submitted with this application is approved with the following modification/comments (NOTE: The internal landscaping has not been reviewed and is not approved with this plat. Internal landscaping will be subject to compliance with the UDC during the CZC review. Perimeter and landscaping adjacent to streets shall be completed as part of the platting process): • A 35-foot wide street buffer is required along Eagle Road, an entryway corridor in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. • A 25-foot wide street buffer is required along E. Fairview Avenue, Pine Avenue and N. Locust Grove Road, and any other street(s) classified as an arterial street, landscaped in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. • A 20-foot wide street buffer is required along all collector streets, landscaped in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. • A 10-foot wide street buffer is required along all local streets, landscaped in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. Pinebridge AZ RZ PP VAR PAGE 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 • A 25-foot wide buffer to residential uses is required in accordance with the standards listed in UDC 11-3B-9C, Landscape Buffer to Adjoining Uses. • Internal parking lot landscaping is required upon development of each lot in accordance with the standards listed in UDC 11-3B-8, Parking Lot Landscaping. • Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department prior to issuance of any Certificate of Occupancies for this site. All standards of installation should apply as listed in UDC 11-3B-14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. The preceding modifications and notes should be shown on a revised landscape plan submitted with the final plat application(s), the Certificate of Zoning Compliance and Conditional Use Permit application(s). E~sting Structures: The site currently contains some existing structures. All existing structures that do not meeting setbacks or the dimensional standards of the UDC shall be removed prior to the City Engineer's signature on the fmal plat. There are several old structures located at the corner of Nola and Pine that may be classified as historical structures. The Applicant shall address at the public hearing what they intend on doing with these structures. Building Elevations: The Applicant has submitted an elevation of their office building proposed to be located adjacent to the Pinebridge development at the corner of Pine and Hickory (see Exhibit A.5). The Applicant states that this elevation is representative of what some of the buildings will look like within the proposed Pinebridge development. A list of construction materials for the future buildings on the site was not provided by the Applicant. Due to the size of this development, Staff does not believe that requiring all buildings within the development to resemble the elevation submitted with this application would be practical. However, in order to ensure that future buildings on this site develop in an attractive manner, Staff is including design provisions in the Development Agreement for future buildings (see DA provisions above and in Exhibit B). Design Standards: All structures proposed within the development that exceed 200,000 square feet or that are located on an entryway corridor (Eagle Road), shall be required to obtain design review approval and comply with the design standards listed in UDC 11-3A-19C. Further, all structures located adjacent to Fairview Avenue, Pinebridge Avenue, and Pine Avenue shall also be required to comply with the afore-mentioned design standards because of the high visibility of the structures. Fencing: The Applicant is not proposing to construct fencing on the site and none is required by the UDC. If permanent fencing is not constructed on the site, temporary fencing to contain debris during construction should be installed azound the perimeter of the site. Pathways: The Master Pathways Plan depicts future 10-foot wide multi-use pathways across this site. Multi-use pathways should be constructed on this site in accordance with the standards listed in the Pathways Plan and the locations depicted on the Master Pathways Plan included as Exhibit A.4 in this report and per the text in the Pathways Plan as follows: 1) The pathway shown on the Pathways Plan (Settlers Creek Pathway, Locust Grove-Treasure Valley RWT) along the northwest portion of the site on the north side of the multi-family portion of the development is Pinebridge AZ RZ PP VAR PAGE 15 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HE ~ ATE OF OCTOBER 23, 2007 planned to be located "on either the north or south side of the Settlers Canal where it will eventually connect with a short existing segment of pathway before continuing east as a proposed pathway. Where the Flume Canal disappears the pathway heads south to connect to the Treasure Valley RWT." Because there is an existing segment of pathway along the north side of Settlers Canal on the H2NR LLC & Paddington Subdivision HOA properties, Staff believes that the pathway should continue to Locust Grove along the north side of the Settlers Canal and be constructed upon development of the Leonard property (87104253800). The Applicant should connect to the e~sting segment of pathway and extend the pathway on the north side of the Flume Canal to the east property boundary. The pathway should then extend south along the west side of Machine Avenue then cross Machine and run along the Snyder Lateral to the south properly boundary for future connection to the Treasure Valley RWT. 2) The pathway shown on the Pathways Plan (Meridian Loop Pathway, Franklin-Fairview) is planned to extend from the Treasure Valley RWT and head north along Nola Road and then northeast to the signal at Hickory Way and Fairview. The Applicant should construct the pathway along the east side of Nola Road along the west property boundary, north across Pine Avenue, then east along the north side of Pine Avenue and north along the west side of Pinebridge Avenue. Where the pathway meets the pathway required along the Flume Canal, the pathway should cross Pinebridge and extend north along the east side of Pinebridge and stub to the Cortabitarte property at the northeast corner of the site for future extension to the east as shown on the conceptual plan in Exhibit A. The multi-use pathways in each phase of the development shall be constructed prior to signature on the final plat of each phase. Ditches, Laterals, and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of any natural waterway, that intersect, cross or lie within the area being subdivided shall be covered. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle- point connection to the culinary water system shall be required. If a single-point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the fmal plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Multi-family Development: The preliminary plat/conceptual site plan submitted with this application depicts amulti-family development proposed for the western portion of the site. This plan shows 25 multi-family buildings with an undisclosed number of residential units. Multi- family developments required Conditional Use Permit (CUP) approval in the C-G zone, per UDC 11-ZB-2. Staff questions how the design of the multi-family area shown on the concept plan will create a viable multi-family project with a public road bisecting the units. A CUP shall be submitted prior to final plat submittal for this area so that the exact layout and design for the multi-family development can be reviewed and approved prior to construction of the roads in this area. The subject application does not grant approval of the proposed multi-family development, location or number of structures, number of dwelling units, or driveway approval; a CUP is required for approval of the proposed multi-family development on the site. Additionally, Specific Use Standards (UDC 11-4-3-27) apply to multi-family developments as follows: a. Setbacks: Buildings shall provide a minimum setback of 10 feet, unless a greater setback is otherwise required by the UDC. Pinebridge AZ RZ PP VAR PAGE 16 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN• TE OF OCTOBER 23 2007 b. Service areas: On-site service azeas, outdoor storage azeas, waste storage, disposal facilities, and transformer or utility vaults shall be fully screened from view from any public street. c. Private, usable open space: A minimum of 80 square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yazds. Landscaping, entryway and other access ways shall not count toward this requirement. d. Developments with 20 units or more shall provide the following: A property management office, a maintenance storage azea, a central mailbox location, and a directory and map of the development at a convenient location. e. Covered Parldng: UDC 11-3C-6 requires that multifamily developments shall provide pazking as follows: for 1 bedroom units, there shall be two pazking spaces with one in a covered carport or garage; and for units with more than one bedroom, 2 pazking spaces shall be provided in a covered carport or garage. f. Common Open Space Design Requirements: A minimum of 350 square feet of outdoor common open space shall be provided for each unit containing more than 1,200 square feet of living area. The common open space shall be not less than 400 squaze feet in area, and shall have a minimum length and width dimension of 20 feet. g. Amenities: UDC 11-4-3.27 requires that multi-family developments between 20 and 75 units provide 3 amenities from sepazate categories (i.e. quality of life, open space, or recreation). h. Elevations: Elevations aze required to meet the architectural standards set forth in UDC 11-4-3-27E. i. Landscaping: Per UDC 11-4-3-27, all street facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following standazds: - The landscaped azea shall be at least 3-feet wide; - For every 3 linear feet of foundation, an evergreen shrub having a minimum mature height of 24 inches shall be planted; and - Ground cover plants shall be planted in the remainder of the landscaped area. j. Maintenance and Ownership Responsibilities: Per UDC 11-4-3-27G, a legally binding document shall be recorded that states the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, pazking, common azeas, and other development features. VAR Application: The applicant is requesting a Variance from the standazds listed in UDC 11- 3H-4Blcand 11-3H-4B2, regarding Development along Federal and State Highways. Because the east boundary of this site is located adjacent to State Highway (SH) 55 (Eagle Road), the standazds listed in UDC 11-3H-4B regazding Development along State Highways, apply to the development of this property. The Applicant is proposing two access points to SH 55. The first is from the existing Commercial Court, which is a private road located approximately 860 feet south of the centerline of Pine Avenue that has been used by Elixir. The second is a new access point proposed to be located half-way between Pine and Commercial, approximately 440 feet north of the south property line. See Exhibit A.4 for proposed access points to SH 55. Pine Avenue is located in accordance with UDC 11-3H, %z mile between Fairview Avenue and Franklin Road. Per UDC 11-3H-4B, use of existing approaches (in this case, E. Commercial Pinebridge AZ RZ PP VAR PAGE 17 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 III Street) to SH 55 shall be allowed to continue provided that all of the following conditions are met: 1) The existing use is lawful and properly permitted effective September 15, 2005; 2) The nature of the use does not change (for example, a residential use to a commercial use); and 3) The intensity of the use does not increase (for example, an increase in the number of residential dwelling units or an increase in the square footage of commercial space). Staffhas reviewed these standards and found that the intensity of the proposed use of the site will increase because of the square footage of commercial space proposed. The UDC further states, "If an applicant proposes a change or increase in intensity of use, the owner shall develop or otherwise acquire access to a street other than the state highway. The use of the existing approach shall cease and the approach shall be abandoned and removed." Additionally, "No new approaches directly accessing a state highway shall be allowed and public street connections to the state highway shall only be allowed at the section line road and the half mile mark between section line roads (where Pine Avenue currently exists). These half mile connecting streets shall be collector roads." The applicant is requesting a Variance to the above-stated standards and is proposing that the existing Commercial Street approach be allowed to continue and that a new approach to SH 55 be allowed on the west side of SH 55, midway between Pine Avenue and Commercial Street. The applicant's justification for the proposed variance, per the applicant's narrative submitted with the application, is "The two variances are being requested to relieve undue hardships associated with the site. If the proposed project were smaller in scale it would not be necessary to propose an additional access point on SH 55; the 170 acre size of the proposed development and the location of the project make it necessary to create a new access point to provide adequate connectivity and access for the proposed development. The change in intensity of the use for the existing Elixir access point warrants the second proposed variance to allow for the continuing use of an existing access point. The proposed change in use of the subject property is supported by Meridian's Comprehensive Plan; the Pinebridge property is designated for Mixed Use, Industrial, and Mixed Use Regional development. It would not be possible to develop the subject property in a manner consistent with Meridian's Comprehensive Plan without changing the intensity of use on the property." In order for the Council to grant a variance, the Council shall make the following findings: - The variance shall not grant a special right or privilege that is not otherwise allowed in the district; - The variance relieves an undue hardship because of characteristics of the site; and - The variance shall not be detrimental to the public health, safety, and welfare. Staff does not believe that the afore-mentioned findings can be made for approval of the variance request in this instance. Please see Staff's analysis of the findings in Exhibit D of this report for more information. Further, Staff does not believe that two additional access points to SH 55 are necessary as there is an existing access point to SH 55 via Pine Avenue, along the northeast boundary of this site, which will provide access to the east side of this development. b. Staff Recommendation: Staff is recommending approval of the proposed AZ, RZ, & PP applications but is recommending denial of the VAR request per the conditions listed in Exhibit B of the Staff Report, based on the Findings in Exhibit D of this report. The Meridian Planning & Zoning Commission heard these items on Mav 17 June 21 and July 19 2007 At the public hearm~ on July 19.2007 they moved to recommend approval of the subiect AZ, RZ, and PP request he Merl IaII ltV OLlIC1~ h and thPC :tP...c nn ll.~nl+or 1(. snnA 7Z ")nn7 S} th® Aub is hearin on October 2 2007 hev aunroved he Lbie 7 7 Pp and V or the uronosed acce c no'n to ale Road from o mercial he Ann ican Pinebridge AZ RZ PP VAR PAGE 18 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 11. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Preliminary Plat (dated: 3/5/07) 3. Landscape Plan (dated: 3/22/07) 4. Site Plan for Variance Request 5. Conceptual Building Elevation i 6. Overview of Site 7. Master Pathways Plan depicting conceptual locations of future multi-use pathways ', B. Agency Comments/Conditions 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company ', 7. Ada County Highway District 8. Central District Health Department I', C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code Pinebridge AZ RZ PP VAR PAGE 19 A. Drawings Exhibit A 1. Vicinity/Zoning Map • 2. Preliminary Plat fps -R i ~ ~ i ~I Ig ~ ~~ ~ q h •a~A ~~` III I I '9. ~ ~'~ 7 ~ 7 Exhibit A • • Exhibit A • • Exhibit A • ~ ', ~~ Exhibit A Exhibit A 3. Landscape Plan (dated: 3/22/07) Exhibit A 4. Site Plan for Variance Request Exhibit A 5. Conceptual Building Elevation --- -- ----~ --..~~- 6. Overview of Site ~~-°- . ~~9-~ -~ __ .~ _= _ T ~~ ~> -- - , < ~ __ - _ ~_ r ,.- - ~ - ti -, ~-, 'i: ~ ~ ~ ~ ,.. "~ ~ ~ i - , a . a~~~+~.~ ~; ~~..~M~r. ~ ~~ i ~ ~dN~ Jr`~ i ,L~ 7 ~ 'r'~ 1 ~~ I w~ ~ .... ~,~ `oYi ~y~ ~f ~V' '• ma, ~ rl W, ~ '~r - ~'{ r - ~= --- ,.~ '/ ~ 'nob .. ..: Fier ~ it ,y7'_= Y~ :~ '~ •''.' - -= .iT~ c ~ ~ ' ...e.- ,~- >~ _~ ,~ ~B ~B Ise I Exhibit A 7. Master Pathways Plan depicting conceptual locations of future multi-use pathways Exhibit A • • B. Agency Comments/Conditions 1. PLANNING DEPARTMENT 1.1 ANNEXATION/REZONE COMMENTS 1.1.1 The rezone legal description for Parcels 1 & 2 submitted with the application (stamped on February 5, 2007 by Michael E. Marks, PLS) are accurate and meet the requirements of the City of Meridian and Idaho State Tax Commission. 1.1.2 The annexation legal descriptions for Parcels 1 & 2 submitted with the application (stamped on February 5, 2007 by Michael E. Marks, PLS) are accurate and meet the requirements of the City of Meridian and Idaho State Tax Commission. 1.1.3 A Development Agreement will be required as part of the annexation and rezone of this property. Prior to the annexation and rezone ordinance approvals, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation/rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 6 months of Council approval to initiate this process. The DA shall include, at a minimum, the following: • Development of the property shall substantially comply with the conceptual site plan and elevation submitted with the subject application and the concepts outlined below. • A final plat shall be recorded, prior to the issuance of Certificates of Zoning Compliance; the site shall be a lot and block in a recorded subdivision. • The following concepts shall be employed in the development of the property: - General massing of buildings, roundabouts and landscape islands in streets shall be constructed as generally shown on the preliminary plat and conceptual site plan prepared by Stanley Consultants, Inc., dated 3-5-07, as amended below. - Pedestrian connections shall be constructed between buildings in the form of pathways distinguished from vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks; - Structures shall be built adjacent to roadways with the majority of parking to the rear and sides of the structures; - Common areas with site amenities (i.e., plazas/courtyards, water features, picnic areas, flower gardens, public art, etc.) are encouraged to be included within the office/retail portion of the development and will be required in the multi-family portion of the development. - Structures shall be oriented toward each other or the adjacent street(s) if there is no parking in front of the building; - Windows, awnings, or arcades totaling at least 30 % of the length of the facade shall be provided for facades that are viewable from other structures; - Provide walkways at least 8 feet in width for any aisle length that is greater than 150 parking spaces or 200 feet away from the train building entrance; - Exterior building walls shall demonstrate the appearance of high quality materials of stone, brick, wood, or other native materials (acceptable materials Exhibit B include tinted or textured masonry block, textured masonry block, textured architectural coated concrete panels, or stucco or stucco like synthetic materials - smooth faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials; - The building design shall incorporate at least 2 changes in one or a combination of the following: color, texture and materials; - Rooflines shall demonstrate 2 or more of the following: overhanging eaves, sloped roofs, two or more roof planes, varying parapet heights, and cornices; - The primary building entrances shall be clearly defined by the architectural design of the building. - A Conditional Use Permit for the multi-family portion of this development shall be submitted prior to submitting for final plat approval on that area. 1.2 PRELIMINARY PLAT -SITE SPECIFIC REQUIREMENTS 1.2.1 The preliminary plat and conceptual site plan labeled as Sheets 1, 2, 3, and 4 of 7, prepared by Stanley Consultants, Inc., dated March 5, 2007, is approved, with the conditions listed herein. 1.2.2 The landscape plan, labeled as Sheet 1 of 1, prepared by Stanley Consultants, Inc., dated March 22, 2007, is approved with the following modifications/comments (NOTE: The internal landscaping has not been reviewed and is not approved with this plat. Internal landscaping will be subject to compliance with the UDC during the CZC review. Perimeter and landscaping adjacent to streets shall be completed as part of the platting process): a. Landscaping must be installed on this site in accordance with the standards listed in UDC 11-3B, Landscaping Requirements. b. A 35-foot wide street buffer is required along Eagle Road, an entryway corridor in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. c. A 25-foot wide street buffer is required along E. Fairview Avenue, Pine Avenue and N. Locust Grove Road, and any other street(s) classified as an arterial street, landscaped in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. d. A 20-foot wide street buffer is required along all collector streets, landscaped in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. e. A 10-foot wide street buffer is required along all local streets, landscaped in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. f. A 25-foot wide buffer to residential uses is required in accordance with the standards listed in UDC 11-3B-9C, Landscape Buffer to Adjoining Uses. g. Internal parking lot landscaping is required upon development of each lot in accordance with the standards listed in UDC 11-3B-8, Parking Lot Landscaping. h. Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. i. A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department prior to issuance of any Certificate of Occupancies for this site. All standards of installation should apply as listed in UDC 11-3B-14. Exhibit B Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. The preceding modifications and notes should be shown on a revised landscape plan submitted with the final plat applications, the Certificate of Zoning Compliance and Conditional Use Permit application. 1.2.3 Construct 10-foot multi-use pathways within this development in accordance with the standards listed in the Meridian Pathways Master Plan and the conceptual locations depicted on the Pathways Plan shown in Exhibit A.4 of this report and per the text in the Pathways Plan as follows: 1) The pathway shown on the Pathways Plan (Settlers Creek Pathway, Locust Grove- Treasure Valley RWT) along the northwest portion of the site on the north side of the multi- family portion of the development is planned to be located "on either the north or south side of the Settlers Canal where it will eventually connect with a short existing segment of pathway before continuing east as a proposed pathway. Where the Flume Canal disappears the pathway heads south to connect to the Treasure Valley RWT." Because there is an existing segment of pathway along the north side of Settlers Canal on the H2NR LLC & Paddington Subdivision HOA properties, Staff believes that the pathway should continue to Locust Grove along the north side of the Settlers Canal and be constructed upon development of the Leonard property (87104253800). The Applicant shall connect to the existing segment of pathway and extend the pathway on the north side of the Flume Canal to the east property boundary. The pathway should then extend south along the west side of Machine Avenue then cross Machine and run along the Snyder Lateral to the south property boundary for future connection to the Treasure Valley RWT. 2) The pathway shown on the Pathways Plan (Meridian Loop Pathway, Franklin-Fairview) is planned to extend from the Treasure Valley RWT and head north along Nola Road and then northeast to the signal at Hickory Way and Fairview. The Applicant should constrict the pathway along the east side of Nola Road along the west property boundary, north across Pine Avenue, then east along the north side of Pine Avenue and north along the west side of Pinebridge Avenue. Where the pathway meets the pathway required along the Flume Canal, the pathway should cross Pinebridge and extend north along the east side of Pinebridge and stub to the Cortabitarte property at the northeast corner of the site for future extension as shown on the plan in Exhibit A. The multi-use pathways in each phase of the development shall be constructed prior to signature on the final plat of each phase. 1.2.4 A Conditional Use Permit is required for the multi-family residential portion of the development depicted on the conceptual site plan. All future structures shall comply with the architectural standards listed in UDC 11-4-3-27E for multi-family developments. A Certificate of Zoning Compliance (CZC) is required for each building within this development prior to issuance of a building permit. Development of the site shall substantially comply with the conceptual development plan submitted with this application. NOTE: A CZC application may include multiple/all multi family units within the development. 1.2.5 All structures proposed within the development that exceed 200,000 square feet or that are located on an entryway corridor (Eagle Road), shall be required to obtain design review approval and comply with the design standards listed in UDC 11-3A-19C. Further, all structures located adjacent to Fairview Avenue, Pinebridge Avenue, and Pine Avenue shall also be required to comply with the afore-mentioned design review standards. 1.2.6 Cross access easements and driveway stubs shall be provided to the following parcels: 87104250004 (Cortabitarte, at the east boundary); 87104251802 (Belair Leasing, Inc., at the west boundary); n~~~~~cnn~n i~~r.,,o~ ALL"~..e.., w~...a.._.. a n~~3~~3982~ , , vv cac~ouaam~-cm~a z~ . Emer~encv access shall be provided to the 132NR parcel Exhibit B • at the southeast corner. Across-access agreement shall be recorded granting cross-access to these parcels via a note on the plat or a separate agreement. A cross access easement shall also be recorded for all lots within this subdivision that share drive aisles. 1.2.7 All signage for the site requires approval of a sign permit. All signage must comply with UDC 11-3D-8I and 11-3D-10, Table 2, for subdivision identification signs. 1.2.8 If permanent perimeter fencing is not constructed on the site, temporary fencing to contain debris during construction shall be installed around the site prior to release of building permits. 1.2.9 Underground, pressurized irrigation must be provided to all lots within this development. 1.2.10 Pine Avenue shall be extended to Locust Grove Road prior to issuance of any Certificate of Occupancy for buildings that would require access from Pine Avenue 1.2.11 Where there are existine utilities and where the surrounding public roads are fixed. the ApHhcant shall be allowed uH to 7 occupancy Hermits prior to final plat recordation The Planning Director and the Development Services Manager may consider allowing additional occupancy Hermits (not to exceed 131 if the administration of the previous 7 seems to be efficient and in the City's best interest 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Locust Grove Road. The applicant shall install all mains to and through this development; 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 Locust Grove Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 A water stub to the east shall be provided to allow for a future looped system, it shall be covered by a standard City of Meridian easement. 2.4 Prior to any excavation or improvements within this development that applicant shall submit a Flood Plain Development Permit and comply with all conditions of the same. 2.5 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.6 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.7 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. Exhibit B i ! '~~ 2.8 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (L7DC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.9 All existing structures not meeting setbacks or the dimensional standards of the UDC shall be removed prior to building permits being released. 2.10 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.11 Any meter tiles located in common driveways shall be upgraded to traffic rated materials per City of Meridian Standard Specifications. 2.12 As proposed, additional width to the public utilities, drainage and irrigation easement along the right-of way shall be dedicated where the sidewalk is located past the right-of--way. The additional width needs to be sufficient to allow for 10 feet of easement past the sidewalk. 2.13 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.14 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. Per UDC 11-3A-6A.3.a, the City Council may waive the reauirement for covering such ditch_ lateral, canal or drain if it finds that the pubhc purpose requiring such will not be served and public safety can be preserved. The City Council may also waive this requirement for lar~c;capacity facilities 2.15 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, and the road base approved, prior to applying for building permits. 2.16 All development improvements, including but not limited to sewer, water, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.17 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to issuance of building permits. 2.18 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.19 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.20 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.21 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. Exhibit B • 2.22 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.23 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.24 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. Height for 100 watt fixtures is 25-feet, height for 250 watt fixtures is 30-feet. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5: h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 Building setbacks shall be per the International Building Code for one and two story construction. 3.8 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the back of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.9 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.10 The office%ommercial lots will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced Exhibit B • • 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.11 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.12 Maintain a separation of 5' from the building to the dumpster enclosure. 3.13 The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.14 The Fire Dept. has concerns about the addressing of the existing house and the address being visible from the street which the project is addressed off of. Please contact the Addressing Specialist at 898-5500 to address this concern prior to the public hearing. 3.15 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.16 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.17 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.18 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic 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). 3.19 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered. 3.20 There shall be a fire hydrant within 100' of all fire department connections. 3.21 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 3.22 Emergency response routes and fire lanes shall not be allowed to have speed bumps. 3.23 Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least three means of fire apparatus access for each structure. Two of the access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line. 3.24 Buildings or facilities having a gross building area of more than 62,000 square feet (5760 m2) shall be provided with two separate and approved fire apparatus access roads separated by one half of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses. Exception: Projects having a gross building area of up to Exhibit B 124,000 square feet (11520 m2) that have a single approved fire apparatus access road when all buildings are equipped throughout with approved automatic sprinkler systems. (Remoteness Required) 3.25 Connect E. Commercial Street to Machine Avenue on the east side of N. Machine Avenue. 3.26 The Pinebridge/Fairview intersection access point should be aright-in/right-out only. 3.27 Lot 1, Block 17 may have limited visibility and access points prohibit driveways on curves. 3.28 No access points should be allowed to/from Eagle Road. 4. POLICE DEPARTMENT 4.1 Prior to release of building permits, the applicant shall submit a parking plan for all off-street parking in the multi-family development to the Planning and Zoning Department. All parking spaces shall be assigned to a specific dwelling unit or for guest use. The parking space identification shall use a different numbering system than the dwelling units. 4.2 The north/east/south/west fagades shall include windows that look onto the parking areas and/or other public areas. q ~ mt.e oa ae .et,. o.,... i, tt t• •+ t a t. t_ a t. 1, .. ~_. ~_ L, risarrscapmg~fficivrc~crouJac~ co~pc~itc~-cr~ac-av-~At a ..,~v°'va--t`v`v=mi€@t i$ 1Y@ig~~ oo ~t•...11 L.....e .. ~ t +l. ~ ~ 4.4 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. All micropaths and open areas shall have adequate lighting. 4.5 The loading areas shall be separated from all public parking areas. 4.6 The Pinebridge/Fairview intersection access point should be a right-in/right-out only, the design of which shall be subiect to AC)~ approval. 4.7 Lot 1, Block 17 may have limited visibility and access points prohibit driveways on curves. 4.8 No access points should be allowed to/from Eagle Road. 5. PARKS DEPARTMENT 5.1 The Parks Department did not submit comments on this application. 6. SANITARY SERVICE COMPANY 6.1 SSC has no comments related to this application. 7. ADA COUNTY HIGAWAY DISTRICT 7.1 SITE SPECIFIC CONDITIONS OF APPROVAL 7.1.1 Dedicate 60-feet ofright-of--way from the section line of Fairview Avenue abutting the parcel. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACPID Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The District will purchase the right-of--way which is in addition to existing right-of--way from available Corridor Preservation Funds. 7.1.2 Construct the additional third travel lane of Fairview Avenue abutting the site with pavement widening, vertical curb, and gutter. The construction of this lane is impact fee eligible and the applicant can be reimbursed for the costs associated with the construction of the third lane. Exhibit B • 7.1.3 Construct a 7-foot attached (or 5-foot detached) concrete sidewalk on Fairview Avenue abutting the site. 7.1.4 Enter into a cooperative agreement with the District to dedicate the full right-of--way and construct Pine Avenue through the site, from Eagle Road to Nola Road, as a complete 5-lane roadway. This roadway shall be constructed as a standard 72-foot street section with vertical curb, gutter, and 7-foot attached concrete sidewalks (or 5-foot detached) within 96-feet of right- of-way. The complete 5-lane roadway with vertical curb and gutter are impact fee eligible improvements. The applicant is responsible for the cost designing and constructing the sidewalk and any landscaping improvements. 7.1.5 Construct Pine Avenue at its intersection with Eagle Road as a 7-lane roadway section to mirror the east leg of the intersection, in accordance with the submitted traffic impact study. Reconstruct the north side of Pine Avenue abutting the Blue Cross site to achieve the mirroring of the east leg, this will involve re-location of the existing curb, gutter, and sidewalk approximately 5 to 7-feet to the north. 7.1.6 Dedicate sufficient right-of--way and construct aseparateright-turn lane on the eastbound Pine Avenue approach to Eagle Road. 7.1.7 Design, construct, and install a signal at the intersection of Pine Avenue and Hickory Avenue. Install the conduit and poles at the time of construction. When the signal meets traffic warrants the District will install the mast arms and signal heads. The applicant is responsible for all costs associated with the design and construction of the signal and shall pay for the cost of all of the signal equipment at the time the poles are installed. 7.1.8 Extend and construct Hickory Avenue south of Pine Avenue to intersect Commercial Court. Hickory Avenue shall be constructed as a commercial roadway (40-foot street section with vertical curb, gutter, and 5-foot concrete sidewalk) within 54-feet ofright-of--way. 7.1.9 Construct one collector roadway, Shellbrook Street, to intersect Locust Grove Road centered between the existing Shellbrook Street and Buchman Street on the west side of Locust Grove Road to create a T-type intersection. Construct Shellbrook Street as a standard 46-foot collector street section with vertical curb, gutter, and 5-foot detached (or 7-foot attached) concrete sidewalk. Re-design the large extended center island within Shellbrook Street to more clearly direct the public traffic; with the re-design there shall no longer be a public street on the northern side of the island. Coordinate the design with District Planning Review and Traffic Services staff. 7.1.10 Comply with the District's Interim Policy for converting private roadways to public standards if Commercial Court is intended to be converted to a public roadway. 7.1.11 Submit a detailed analysis of the proposed roundabouts for the State Street/Pinebridge Avenue and and the Pinebridge Avenue/Pine Avenue intersections prior to design and construction of the intersections or signature of a final plat. If the staff review of the analysis determines that a roundabout is not appropriate, further analysis will be required to determine the appropriate intersection control. 7.1.12 Construct State Avenue, Webb Avenue, Machine Avenue, and Wilson Lane as 40-foot commercial roadways within 54-feet ofright-of--way complete with vertical curb, gutter and 5- foot concrete sidewalk. 7.1.13 Construct Pinebridge Avenue to intersect Fairview Avenue in alignment with the main driveway for Oakbrook Plaza on the north side of Fairview Avenue, approximately 265-feet west of the original proposal. Construct the roadway as a collector roadway with a standard 46-foot street section with vertical curb, gutter, and 7-foot attached sidewalks within 70-feet ofright-of--way. Provide 21-foot street sections on either side of the proposed center landscape islands. Exhibit B i ~ ~~~ 7.1.14 Construct two right-in/right-out only curb-return type driveways on Fairview Avenue, one located at the east properly line and one located at the west property line. Install a 6-inch raised concrete median on Fairview Avenue to prevent the left-inlleft-out turning movements for these driveways. 7.1.15 Construct the following curb return type driveways on Pine Avenue • Aright-in/right-out driveway located a minimum of 250-feet west of Eagle Road (measured near edge to near edge). Shift this access if it is located within the required right-turn lane of the intersection. • Afull-access driveway in alignment with Rosario Street. • Afull-access driveway on the south side of Pine centered between the Pinebridge/Pine roundabout and the Pine/Newbridge intersection. • Afull-access driveway on the south side of Pine centered between the Nola/Pine intersection and the Pine/Pinebridge roundabout. • A full access driveway on the north side of Pine in alignment with Machine Avenue. • A full access driveway on the north side of Pine in alignment with Newbridge Place. 7.1.16 Construct driveways on the following roadways in accordance with District policy: • Pinebridge Avenue • Shellbrook Street • E. State Avenue • Webb Avenue • Machine Avenue • Wilson Lane 7.1.17 Extend one stub street from the east (E. State Street) and two from the south (Webb Avenue and Machine Avenue). 7.1.18 Construct one new stub street to the west (Wilson Lane). Provide a temporary turnaround at the terminus of this stub street and install a sign stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 7.1.19 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any 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 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. Exhibit B • 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 Standazds and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepaze 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 aze required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACHD conduits (spaze or filled) aze compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they aze in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. CENTRAL DISTRICT HEALTII DEPARTMENT 8.1 We have no objections to this proposal. Exhibit B C. Legal Description & Exhibit Map DESCRIPTION FOR PINEBRIDGE OVERALL PARCEL December 26, 2006 A PARCEL OF LAND BEING PORTIONS OF THE NW %, THE NORTH HALF OF THE SE'/e AND THE NORTH HALF OF THE SW'/< OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 8, T. 3 N., R. 1 E., B.M., ADA COUNTY, IDAHO, THENCE N 89°34'33" E 1591.59 FEET ALONG THE NORTH LINE OF SAID SECTION 8 TO A POINT; THENCE S 00°05'54" W 40.76 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF FAIRVIEW AVENUE, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 89°59'07° E 867.33 FEET ALONG SAID SOUTHERLY RIGHT OF WAY TO A POINT; THENCE S 00°04'24" W 1102.70 FEET TO A POINT; THENCE N 89°36'25" E 193.77 FEET TO A POINT ON THE EAST LINE OF THE NW'/ OF SAID SECTION 8; THENCE S 00°04'01" W 1502.84 FEET TO THE SOUTHEAST CORNER~F THE NW'/ OF SAID SECTION 8; THENCE S 00°05'17" W 45.00 FEET ALONG THE WEST LINE OF THE SE'/< J TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF PINE AVENUE; ALONG THE SOUTHERLY RIGHT OF WAY OF PINE AVENUE THE FOLLOWING: THENCE N 89°39'03" E 330.64 FEET TO A POINT OF CURVATURE; THENCE 164.20 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 444.28 FEET, A DELTA ANGLE OF 21 °10'34", A TANGENT OF 83.05 FEET AND A CHORD BEARING OF N 79°03'46" E 163.27 FEET TO A POINT OF TANGENCEY; 19642-OVERALLPARCEL. Exhibit C ~ ~ 'I THENCE N 00°20'57" W 15.00 FEET TO A POINT; II THENCE N 89°39'03" E 1683.48 FEET TO A POINT; THENCE S 00°20'57" E 33.00 FEET TO A POINT; ~I THENCE N 89°39'03" E 353.77 FEET TO A POINT; Ii THENCE S 44°22'51" E 22.68 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF EAGLE ROAD; LEAVING SAID SOUTHERLY RIGHT OF WAY OF PINE AVENUE AND ALONG THE WESTERLY RIGHT OF WAY OF EAGLE ROAD THE FOLLOWING: THENCE S 01°02'07" W 770.98 FEET TO A POINT; THENCE S 71°10'34" W 74.43 FEET TO A POINT; THENCE S 01°02'07" W 50.00 FEET TO A POINT; THENCE S 69°31'00" E 13.77 FEET TO A POINT; I~ LEAVING SAlD WESTERLY RIGHT OF WAY OF EAGLE ROAD: THENCE N 88°55'23" W 2423.39 FEET TO A POINT; THENCE N 00°05'17" E 97.08 FEET TO A POINT; THENCE N 89°55'00" W 13.46 FEET TO A POINT; THENCE N 44°54'55" W 42.49 FEET TO A POINT; I, THENCE N 00°05'17" E 48.11 FEET TO A POINT; ', THENCE N 89°55'00" W 6.50 FEET TO A POINT ON THE WEST LINE OF THE ~I SE % OF SAID SECTION 8; THENCE N 00°05'17" E 0.31 FEET TO A POINT; THENCE S 89°38'12" W 1329.04 FEET TO A POINT; i THENCE N 00°01'11" E 331.21 FEET TO A POINT; THENCE S 89°38'43" W 657.47 FEET TO A POINT; I! 19642-OVERALLPARCEL Exhibit C i ~I THENCE N 00°00'36" E 331.45 FEET TO A POINT ON THE SOUTH LINE OF THE NW'/ OF SAID SECTION 8; THENCE N 89°38'58" E 25.01 FEET TO A POINT; I~' THENCE N 00°00'36" E 810.68 FEET TO A POINT; II THENCE N 89°59'33" W 662.38 FEET TO A POINT ON THE EASTERLY RIGHT II OF WAY OF LOCUST GROVE ROAD; THENCE N 00°00'16" E 670.41 FEET ALONG SAID RIGHT OF WAY TO A ~' POINT; THENCE S 89°59'39" E 483.27 FEET TO A POINT; THENCE S 55°51'09" E 314.44 FEET TO A POINT; II THENCE S 65°46'37" E 588.99 FEET TO A POINT; THENCE S 68°24'37" E 195.54 FEET TO A POINT; THENCE N 00°09'39" E 1189.46 FEET TO A POINT; THENCE N 89°53'28" E 100.03 FEET TO A POINT; THENCE N 00°05'54" E 435.78 FEET TO THE REAL POINT OF BEGINNING. ~I SAID PARCEL CONTAINING 169.80 ACRES MORE OR LESS. THIS PARCEL IS SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF i WAY. MICHAEL E. MARKS, PLS N0.4998 REVI qFP GV~:!, BY F MER1DIgN PlJBL!C WORKS DEPT. 19642-OVERALLPAR.CEL Exhibit C 06 O5 ' S 89'34'33" W ' ~ 2652.58' -- 33" E FAIRVIEW AVENUE ' N 89°34 0708 1591.59'-- - - -- NW SECT S00'05'S4"W w S89°59 ION CORNER SECS 4.76' ~ ~ CP&F~}93a7309 ~ I " EXHIBIT "B" o °~' ~ 0 I~ z N ' ~ N89°53'28"E 100.03' I~ RYA AP R~OVAL I dCO- Q I~ N r N O O a O V i:w 0 d n 0 L N 89'38'58" E 25.01' 26a9.67' CENTER 1/4 CORNER ~ 890.79 0 7 ~ . 1061.36' 05 07"E 867.33' ~8. r, o IO I I~ N NI ~- ° N ~ ,j to N I is ~ 25.00' Mc!=UDIAId F:tgLiC S89°59'39"E S WcRKS:.e~r, w Ss. o ~ 483.27' ~,S~o9 ,°',~ N89°36'25"E c o ASt , F (0 193.77' coo ,r S6g. I o I 4 0 ~ I I w S88 9g ).F Z ~ I o Ica wm O O ~O ~ ~ O 00 0 ° z N89'59'33"W °o OVERALL PARCEL z 662.38' S68°24'37"E 195.54' 7,396,686 sq.ft. ~ ( 25.00' 169.80 acres o I d W O O O I ca O . v oI~ °° z I wt/4 CORNER 662.30' w 1962.36' ~ sECrioN s ~ ~ 500'05'17"W 3: cP&F atozoo37os o ~ 45.00' o o O ~ ,,°o "' oo ~ S89'38'43"W "' ' ~,ry~ °o N Z 657.47' w _ ~, z " ~ N 07 08 o r%~ N00°05'17"E 18 17 0 ~ S8938'12"W 1329.04' 0.31 REvIS~olvs I PINEBRIDGE OVERALL PARCEL LEGAL Stanley Consultants ~. DESCRIPTION EXHIBIT 1940 S. BONITO wAY LOCATED IN SECTION 8, T.3 N., R.1 E., B.M. sulrE 1aa MERIDIAN, ADA COUNTY, IDAHO MERIDIAN, IDAHO 83642 208-288-0573 DRAWN: MEM DATE: 72/15/06 SCALE: 1=400 JOB N0. 19642 Exhibit C EXHIBIT "C" 05 s s9°sT11' w _ _ 05 04 _ 2644.03' 0 0~ i ~ ~ FAIRVIEW AVENUE 08 09 cv o _o ~ a N89'36'25"E N ~~ 193.77' I I ~t N `'' 0 0 'n o 0 0 LINE TABLE LINE LENGTH BEARING L-1 13.46 N89°55'00"W L-2 42.49 N44°54'55"W L-3 6.50 N89°55'00"W L-4 33.OC S00'20'S7°E L-5 15.00 N00°20'57"W I I w BIZ I o - o o~ z 0 0 0 CURVE TABLE CURVE LENGTH RADIUS DELTA TANGENT CHORD BEARING CHORD C1 164.20' 444.28' 21'10'34" 83.05' S 79'03'46" W 163.27' I IIo 0 I¢ ~ w Z - J a o ~ S00°05'17"W I ~ ~ 45.00' W S 89'39'03" W 2615.02' • .- PINE AVENUE ~ 490.79' _ _ 44075" Og 09 ~. - - _ 330.64' C1 L5 1683.48' L 353.77' -1/a CoRI S44°22'S1'E "' N 22.68' -a a ~ ~ N "~~' ~ OVERALL PARCEL o~ 00 i` ~ N I ~N00°05'17"E 7.396,686 sq.ft. ~ ~ i 169.80 acres °I ~ m 48.11' L3 S71'10'34"W ~° L2 74. ~ ~ sot°o2'o7"w 1 ,~ ~ N88°55'23"W 50.00' I o W ~ ~ 2423.39 ~ ~' o o, N00°05'17" S69°31'00"E ~I cn olq 97.08' 13.77 °a°. ~ o ~ S 88'57'53" E ~ N 127 oz' 08809 REVISIONS PINEBRIDGE OVERALL C~ 17 1s PARCEL LEGAL X17 DESCRIPTION EXHIBIT Stanley Consuitar~ts INC 'J 1940 S. BONITO WAY LOCATED IN SECTION 8, T.3 N., R.1 E., B.M. suITE 140 MERIDIAN, ADA COUNTY, IDAHO MERIpIAN, IDAHO 83642 = 208-288-0573 °as DRAWN: MEM DATE: 12/15/06 SCALE: 1=400 JOB N0. 19642 Exhibit C DESCRIPTION FOR PINEBRIDGE ANNEXATION PARCEL 1 December 26, 2006 A PARCEL OF LAND BEING A PORTION OF THE NW %, OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 8, T. 3 N., R. 1 E., B.M., ADA COUNTY, IDAHO, THENCE N 89°34'33" E 1591.59 FEET ALONG THE NORTH LINE OF SAID SECTION 8 TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 89°34'33" E 191.60 FEET ALONG SAID NORTH LINE TO A POINT; THENCE S 00°02'34" W 325.02 FEET TO A POINT; THENCE N 89°34'33" E 95.00 FEET TO A POINT; THENCE N 00°02'34" E 325.02 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 8; THENCE N 89°34'33" E 580.75 FEET ALONG SAID NORTH LINE TO A POINT; THENCE S 00°04'24" W 1150.10 FEET TO A POINT; THENCE N 89°36'25" E 193.77 FEET TO A POINT ON THE EAST LINE OF THE NW'/ OF SAID SECTION 8; THENCE S 00°04'01" W 622.51 FEET ALONG SAID EAST LINE TO A POINT; THENCE S 88°13'39" W 847.84 FEET TO A POINT; THENCE N 68°24'37" W 321.74 FEET TO A POINT; THENCE S 00°02'44" E 829.49 FEET TO A POINT; THENCE S 89°38'58" W 817.40 FEET TO A POINT; THENCE N 00°00'36" E 660.67 FEET TO A POINT; 19642-ANNEXATION PARCEL 1 Exhibit C THENCE N 89°59'33" W 687.38 FEET TO A POINT ON THE WEST LINE OF THE NW '/ OF SAID SECTION 8; THENCE N 00°00'16" E 670.41 FEET ALONG SAID WEST LINE TO A POINT; THENCE S 89°59'39" E 508.27 FEET TO A POINT; THENCE S 55°51'09° E 314.44 FEET TO A POINT; THENCE S 65°46'37" E 588.99 FEET TO A POINT; THENCE S 68°24'37" E 195.54 FEET TO A POINT; THENCE N 00°09'39" E 1189.46 FEET TO A POINT; THENCE N 89°53'28" E 100.03 FEET TO A POINT; THENCE N 00°05'54" E 476.54 FEET TO THE REAL POINT OF BEGINNING. SAID PARCEL CONTAINING 69.47 ACRES MORE OR LESS. THIS PARCEL IS SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY. q PPROVAL gY_. ~~ Vv~~?D'~K$ DEPT C MICHAEL E. MARKS, PLS N0.4998 19642-ANNEXATION PARCEL 1 Exhibit C EXHIBIT "B" 06 05 S 89'34'33" W 2652.58' 1/4 CORNER PAIRVIEW AVENUE_ _ 05 07 08 - - - 1591.59' - - ~ - 191.60' 580.75' isasa' 8 w 30 'v I "' ~ - N N00'02'34"E ~ of o ~ `~ 325.02 o a N z ~ N89'34'34"E ' NI 0 N 95.00 3 ~ •~ a _o ~ N89'S3'28°E "v o I " o u~ 100.03' °o r I o i `~i ANNEXATION PARCEL 1 ~ I m I of ~ 3,025,929 sq.ft. ~ o, ~ 69.46 acres 0 N 58959'39"E o 1D SS o 508.27' ~SSio ,, z N8936'25"E Rog 9F I 193.77 3 pQ Ia 5~46,J)., ~~in ~ ~~ 8899 F o~~ ~ o ~ w ~ S68'24'37"E X68' o N N89~59'33"W 195.54' 2j )4,4Y 588~13'~9"W o 847.84' iv o v 687.38' M o 0 ~ z !il N l° kEVI P ROYAL ~ I ~ •`O N 8Y o I o m ol~ ~ o I ~_ z °o ~ `° MERIDIAN PUBLIC ' z I W ORKS DEPT. I S89'38'S8"W 817.40' N 89'38'58" E __ _~ ._ ~ nn 687.31' ' z 0 ~ REVls~onls PINEBRIDGE ANNEXATION `~ PARCEL ONE (1) Stanley Consultants ~. LEGAL DESCRIPTION EXHIBIT 1940 S. BONITO WAY LOCATED IN SECTION 8, T.3 N., R.1 E., B.M. suITE X40 i MERIDIAN, ADA COUNTY IDAHO MERIDUW, IDAHO 83642 Q ' 208-288-0573 DRAWN: MEM DATE: 12/15/06 SCALE: NTS JOB N0. 19642 Exhibit C • DESCRIPTION FOR PINEBRIDGE ANNEXATION PARCEL 2 December 26, 2006 A PARCEL OF LAND BEING A PORTION OF THE SW'/ OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SW '/< OF SECTION 8 (WEST'/ CORNER), T. 3 N., R. 1 E., B.M., ADA COUNTY, IDAHO, THENCE N 89°38'58" E 662.30 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 89°38'58" E 1987.37 FEET TO THE NORTHEAST CORNER OF THE SW'/ (CENTER'/ CORNER) OF SAID SECTION 8; THENCE S 00°05'17° W 662.33 FEET ALONG THE EAST LINE OF SAID SW '/ TO A POINT; THENCE S 89°38'12" W 1329.06 FEET TO A POINT; THENCE N 00°01'11" E 331.21 FEET TO A POINT; THENCE S 89°38'43° W 657.47 FEET TO A POINT; ~, THENCE N 00°00'36" E 331.45 FEET TO THE REAL POINT OF BEGINNING. ~' SAID PARCEL CONTAINING 25.22 ACRES MORE OR LESS. THIS PARCEL IS SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY. BY V!E P~; ~aVH rAEk~Gia.~ p~,E~~.. 1~'CRKS pE?r 19642-ANNEXATION PARCEL 2 Exhibit C EXHIBIT "C" oslos ~ FAIRVIEW AVENUE , ~/4 ccRN~x 07~p8- 5 89'3a'33" W ~- ~ 2652.58' -~-q8' z 0 d ° C1 o c ~ I m I ANNEXATION I 3 PARCEL 1 I~ o. I I N p .a 07 O8 2649.67' CENTER 1/4 ~~ ..~ ~~~ z 1987.37' u o Z o O~ ~ A ~ Oi ' (T ~ IA N p om `" ANNEXATION PARCEL 2 m N S8~38'43'W ~ ss7.ar 1, 098, 607 sq. ft. w o W 13 25.22 acres a a = ~ = o m ~ ~J, _ T ~ ~ 569'38'72°W 7329.04' I q N LAYNE INDUSTRIAL PARK N 'o w yEVt OVAL oN U 0 0 ~ ~ _ ~~iD,<,ra ~ uE~rG REVISIONS PINEBRIDGE ANNEXATION PARCEL TWO (2) Stanley Consultants .N[. LEGAL EXHIBIT 1940 S. BONITO WAY LOCATED IN SECTION 8, T.3 N., R.1 E., B.M. sulrE 1ao MERIDIAN, ADA COUNTY, IDAHO MERIDIAN, IDAHO 83642 208-288-0573 DR4WN: MEM DATE: 12/15/06 SCALE: 1" =400' JOB N0. 19642 Exhibit C • DESCRIPTION FOR PINEBRIDGE REZONE PARCEL 1 December 26, 2006 A PARCEL OF LAND BEING A PORTION OF THE SE'/< OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SE'/< (EAST'/ CORNER) OF SECTION 8, T. 3 N., R. 1 E., B.M., ADA COUNTY, IDAHO, THENCE S 89°39'03" W 440.75 FEET ALONG THE NORTH LINE OF THE SE '/ TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 00°20'57" E 33.00 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF PINE AVENUE; THENCE N 89°39'03" E 353.77 FEET ALONG SAID SOUTHERLY RIGHT OF WAY TO A POINT; THENCE S 44°22'51" E 22.68 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF EAGLE ROAD; ALONG THE WESTERLY RIGHT OF WAY OF EAGLE ROAD THE FOLLOWING: THENCE S 01°02'07" W 770.98 FEET TO A POINT; THENCE S 71°10'34" W 74.43 FEET TO A POINT; THENCE S 01°02'07" W 50.00 FEET TO A POINT; THENCE S 69°31'00" E 13.77 FEET TO A POINT; LEAVING SAID WESTERLY RIGHT OF WAY OF EAGLE ROAD: THENCE N 88°55'23" W 2423.39 FEET TO A POINT; THENCE N 00°05'17" E 97.08 FEET TO A POINT; THENCE N 89°55'00" W 13.46 FEET TO A POINT; 19642-REZONE PARCEL 1 Exhibit D • THENCE N 44°54'55" W 42.49 FEET TO A POINT; THENCE N 00°05'17" E 48.11 FEET TO A POINT; u THENCE N 89°55'00" W 6.50 FEET TO A POINT ON THE WEST LINE OF THE SE'/ OF SAID SECTION 8; THENCE N 00°05'17" E 617.64 FEET ALONG SAID WEST LINE TO A POINT ~ ON THE SOUTHERLY RIGHT OF WAY OF PINE AVENUE; ALONG THE SOUTHERLY RIGHT OF WAY OF PINE AVENUE THE FOLLOWING: THENCE N 89°39'03" E 330.64 FEET TO A POINT OF CURVATURE; THENCE 164.20 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 444.28 FEET, A DELTA ANGLE OF 21°10'34", A TANGENT OF 83.05 FEET AND A CHORD BEARING OF N 79°03'46" E 163.27 ~ FEET TO A POINT ON A CURVE; ', THENCE N 00°20'57" W 15.00 FEET TO A POINT; THENCE N 89°39'03° E 1683.48 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. SAID PARCEL CONTAINING 49.64 ACRES MORE OR LESS. THIS PARCEL IS SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY. kEViEW RQvHL r'Y_ f,,-~ rettc ~-EL1C ~^ GT. 19642-REZONE PARCRL I Exhibit D EXHIBIT "E~" CENTER 1/4 CORNER PINE AVENUE 1/4 CORNER N 89'39'03" E 2615.02' 440.75' 0$ 09 00' 4 ~ 1 1683.48 330.64' N 89'39'03" E Ci N00'20'S7"W 15.00 ~~ I ~~ REZONE PARCEL 1 irl ~ N 2,162,334 sq.ft. ~ o -''' L3 49.64 acres o ~ rn ~ N00'OS'17"E 48.11' 571'10'34"W N I `~ ~ L2 74.43' z L1 N00'05'17"E 501'OZ'07"W I 97.08 88'55'23"W 50.00' ~~ ,~~~ _ 2423.39' ~ ~~~ ~ S '31'00" o ~ 13.77' ~ o ~ ~`" S 88'57'53" E I tO N 127.02' w 1/16 CORNER I r` ~ M ~ I ~ d- o N O iiEVtE FF GVr.L ~ ~ vY ~ O$ FRANKLIN ROAD S 89'39'17" W 08 09 IfifitRtG,AIv FU6LlG ~ ~ ~~• `~'~ Y~.^,F..KS GEPL 1/4 CORNER 2570.96' 17 16 LINE TABLE LINE LENGTH BEARING L-1 13.46 N89'S5'00"W L-2 42.49 N44'S4'S5"W L-3 6.50 N89'S5'00"W z 0 ~ REVISIONS O it a 0 0 CURVE TABLE CURVE LENGTH RADIUS DELTA TANGENT CHORD BEARING CHORD C1 164.20' 444.28' 21'10'34" 83.05' S 79'03'46" W 163.27' PINEBRIDGE REZONING PARCEL (1) LEGAL DESCRIPTION EXHIBIT LOCATED IN SECTION 8, T.3 N., R.1 E., B.M. MERIDIAN, ADA COUNTY, IDAHO MEM DATE: 12/15/06 SCALE: 1=400 Stanley Consultants 1940 S. BONITO WAY SUITE 140 MERIDIAN, IDAHO 83642 208-288-0573 JOB N0. 19642 Exhibit D DESCRIPTION FOR PINEBRIDGE REZONE PARCEL 2 December 26, 2006 A PARCEL OF LAND BEING A PORTION OF THE NW'/., OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NW '/. OF SECTION 8 (WEST'/. CORNER), T. 3 N., R. 1 E., B.M., ADA COUNTY, IDAHO, THENCE N 89°38'58° E 687.31 FEET ALONG THE SOUTH LINE OF THE NW '/° TO THE REAL, POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 00°00'36" E 150.00 FEET TO A POINT; THENCE N 89°38'58" E 817.40 FEET TO A POINT; THENCE N 00°02'44° W 829.49 FEET TO A POINT; THENCE S 68°24'37° E 321.74 FEET TO A POINT; THENCE N 88°13'39" E 847.84 FEET TO A POINT ON THE EAST LINE OF SAID NW'/<; THENCE S 00°04'01° W 880.32 FEET TO THE SOUTHEAST CORNER OF SAID NW'/4; THENCE S 89°38'58° W 1962.36 FEET TO THE REAL POINT OF BEGINNING. SAID PARCEL CONTAINING 26.03 ACRES MORE OR LESS. THIS PARCEL 1S SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY. REVI AP VAL BY MERIGIAN PUBLIC WORKS DEPT. 19642-REZONE PARCEL 2 Exhibit D • EXHIBIT "L'' 08~os FAIRVIEW AVENUE o5 071 p8 ~ -_ ~ ~ ~ ~ ~~ ~ t/4 CORNEF r~ o I n c 'i 3'39"E z I 7.84' 0 < . m ~ I 0 a v ~ `O' ~ REZONE PARCEL 2 ~Io I '~ ° z ° ° ~ 1,133,930 sq.ft. NIo o$ 26.03 ocres ~ o ~,, o_ ° ri N89'38'S8"E PINE 817.40' 07 08 AVENUE CENTER 7/4 CORNER 58938'58"W - - 1962.36' -~ N89'38'S8"E 687.31' J 7 N Z O " REVISIONS ~ PINEBRIDGE REZONING PARCEL (2) LEGAL DESCRIPTION EXHIBIT Stanley Consultants~N~. 1940 S. BONITO WAY LOCATED fN SECTION 8, T.3 N., R.1 E., B.M. sulrE X40 MERIDIAN, ADA COUNTY, IDAHO MERIDIAN, IDAHO 83642 208-288-0573 0 DRAWN: MEM DATE: 12/26/06 SCALE: 1=400 JOB N0. 19642 Exhibit D • • D. Required Findings from Unified Development Code 1. Annexation and Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following Endings: a. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to C-G. The City Council fmds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; If the applicant enters into a development agreement with the city, the City Council fmds that future development of this property will comply with the established regulations and purpose statement of the C-G zone. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this 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 City Council finds that the proposed zoning amendment should not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11- rB-3.E). If the applicant enters into a development agreement with the City, the City Council finds that the annexation of this property is in the best interest of the City as it meets the intent of the Comprehensive Plan. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council fmds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. Staff generally supports the proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. Public services are available or can be made available and are adequate to accommodate the proposed development; Exhibit D The City Council finds that public services can be made available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACHD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. f. The development preserves significant natural, scenic or historic featares. Staff is unaware of any natural or scenic features on this site. However, there are several old structures located at the corner of Nola and Pine that may be classified as historical structures. The City Council finds that the Applicant should meet with the Historic Preservation Commission to determine if these structures should be preserved. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. 3. Variance Findings: The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-SB-4.E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: a. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: In addition to Pine Avenue/Street, the applicant is proposing to use two other access points to Eagle Road. If the City Council grants the two proposed access points on Eagle Road/SH55, it would grant a right that is currently prohibited not only in the C-G zone but for all new development adjacent to state highways. Several public access points are available to this site from N. Locust Grove Road and E. Fairview Avenue and an access point via E. Pine Avenue already exists to SH 55. Therefore, Staff does not find that the request is consistent with UDC 11-SB-4E-1 and this finding does not apply to the subject property. However, the City Council does find Exhibit D that the Applicant's request is consistent with UDC 11-SB-4E1 and approves the access point to Eagle Road from Commercial Street. (Note: The applicant withdrew the Variance request for the proposed access point to Eagle located between Commercial and Pine.) b. The variance relieves an undue hardship because of characteristics of the site; Council finds that the location of this site, being on a major arterial, justifies an access point being constructed to Eagle Road/SH 55. c. The variance shall not be detrimental to the public health, safety, and welfare. It is important to limit access points on major roads such as highways, as their main function is to move traffic over longer distances at higher speeds. This means separating access points on said roads so that turning movements occur at fewer locations. Frequent access points do increase congestion. And as traffic congestion increases, so does the likelihood of traffic conflict and the potential for accidents. Council finds that granting the proposed access point to Eagle from Commercial will not be detrimental to the public health, safety, and welfare and is approved. NOTE: The applicant withdrew the Variance request for an access point to Eagle Road proposed between Commercial and Pine. Exhibit D November 2, 2007 AP 07-008 MERIDIAN CITY COUNCIL MEETING November 7, 2007 APPLICANT Dave Evans Construction ITEM NO. 5-K REQUEST City Council review for an Appeal of the P 8~ Z Comission's decision limiting the hours of operation from 5:~ am to 11:00 pm for Anytime Fitness located in an L-O zone district within Sundance Sub No 5 - 3220 North Meridian Rd. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: / CITY PARKS DEPT: fit/ MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: fDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~ Emailed: Date: J ~~ Phone:r~ ~~- ~~ F Initials• ~operty of fhe City of Meridian. Li i/o S lei ~ . d~-C'/~~1 sCo~ s'f f'c, a~t~~ Sti e~~ Materials presets®d at public meetings shoJl become CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~~„~. * +` ~ ~~}}' ~'.~ E'. -, r a c;[~° ~3 9F ~~ 1=M~ ~' ~~ { ~~ A''~..,,~ ~ ~~ ~:~~ ~ ~~~ ~~~. :''~'_ti~ In the Matter of the Request for Conditional Use Permit (CUP-07-015) to allow an indoor recreation facility for Anytime Fitness in the L-O zoning dnstrict, within Sundance Subdivision No. 5, by Dave Evans Construction. Case No(s). CUP-07-015 For the City Council Hearing Date of: October 23, 2007 (Findings approved on November 7, 2007) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 23, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 23, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 23, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 23, 2007, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code, codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 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). CUP-07-015 ~- o 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 Site Plan, Landscaping Plan and Conditions of Approval all in the attached Staff Report for the hearing date of October 23, 2007, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request to allow an indoor recreational facility within the L-O zoning district on Lot 10 of the 5undance Subdivision No. 5 is hereby conditionally approved. 2. At the public hearing, the Council approved the project, limiting the hours of operation from 4 a.m. to 12 a.m. as shown in Condition 1.9 in Exhibit B of the attached Staff Report. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of October 23, 2007, incorporated by reference. D. Notice of Applicable Time Limits Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION ~c ORDER CASE NO(S). CUP-07-015 one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission maybe granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of October 23, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-07-015 By action of the City Council at its regular meeting held on the 2007. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD ATTEST WILLIAM G. BERG, Copy served upon: By: r~ ~~ day of VOTED_~~~ VOTED_ 1~~ VOTED-~~~ VOTED_ t J~ VOTED s ~~ \M~Y{ ' ' ' ®~~ DE WEERD ~~ a ~~- ~ ~o JR C (Y{ Applicant ++---~ ----~~~ ~lanning Department blic Works Department City Attorney City Clerk's Office Dated: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-07-015 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 STAFF REPORT Hearing Date: October 23, 2007 E IDIAN-'-- s TO: Mayor & City Council (Note: The Planning & Zoning Commission's action from August 2, 2007, was appealed to the City Council. The City Council Originally heard (reviewed) this item on September 4, 2007.On September 18, 2007, the applicant was granted a reconsideration hearing. The reconsideration hearing was held by the City Council on October 23, 2007.) FROM: Bill Parsons, Associate Planner 208-884-5533 SUBJECT: Anytime Fitness • CUP-07-015 Conditional Use Permit to allow a fitness center within an L-O district, in Sundance Subdivision No. 5, by Dave Evans Construction 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Dave Evans Construction, is requesting Conditional Use Permit (CUP) approval to allow a fitness center within the Sundance Subdivision No. 5 (aka Settler's Crossing). The applicant is proposing to use the site fora 4,750 square foot single story, 24 hour fitness center. The site totals 0.91 acres and is located on proposed Lot 10, Block 1, of the Sundance Subdivision No. 5 (PP-06-014, FP-06- 042). The subject property is generally located on the northeast comer of Meridian Road and Ustick Road and is currently zoned L-O (Limited Office). The unified development code requires all indoor recreational facilities (fitness center) to obtain Conditional Use Permit approval within the L-O zoning district, prior to operation. It is important to note, Staff has approved a CZC for an office shell on the subject site, however, the applicant is proposing an indoor recreational use which requires approval of this Conditional Use Permit (CUP-07-015). 2. SUNIlVIARY RECOMMENDATION Staff has provided a detailed analysis of the requested CUP application below. Staff recommends approval of CUP-07-015 for Anytime Fitness, as presented in the Staff Report for the hearing date of August 2, 2007, subject to the conditions listed in Ezhibit B. The Meridian Planning and Zoning Commission heard this item on August 2 2007 At the public hearing, the Commission aouroved the nroiect and added condition of aonroval 1 9 limitine the hours of operation from 5 a m to 11 n m The Meridian City Council heard thPC items nn CPnta7nhar d_ 211117 .,.7a nctnhpr 2't_ 20M t the Sentember 4.2007. n ~b is hearln h e onnc'1 annrov d the cnmriitinnal 77CP TP7.7M7it (CLIP-07-0151 for aII indoor recreational fac ility in a i _~ 7p lnu d1Ct17Ct And dPniad tAa ' applicant s anneal (~P_07-008) o revoke th e Planninu 7nnino f nmmiccinn~c nriiri 'tion imitinu the ho ~r of oneration bet ween •OOa m and 11.00 n m Anytime Fitness -CUP-07-015 PAGE ] CITY OF MERIDIAN PLANNING D~ TMENT STAFF REPORT FOR i THE HEARING DATE OF OCTOBER 23, 2007 _ ~. ~.,~.. ....,.~~ neartpp ine •nnncil reconsidered tbe'r en tuber 4~ a approved the cundihonal n e nerm~t (CLIP-07-0141 fnr an ;..a..n.. ,.o,.,.o.,~,.__... ~ _:~_~_ . 'ct and imi pd he ho arc Of operation o b b twe n 41 00 a d 1? 00 a m ~. arv of City O~cil pllhlir• Aaar:nn of C' ~ s. w ~nn~ i. favor TravisBurrows Genesis Nelson ii. In opposition• None iii. Commentin • Perot iv. Written testimony Vance Barbour Reesa Brown Genesis Nelson Fred Kissler Lauralvn Salmas v. Staffpresentine annlicatinn_' Anna (`an„i,,.. vi. Other staff commentine on application• Basterrechea Johnso jt. ev I sec of Dlccns. ion by _m.n i i. Security for the site ii. Hours the operation was staffed iii. The number of customers may use the facility iv. Access to the site v. Emereency response and services to the site .~. eV COUncil Chanaec to C+~fF~!`..~.....:~~:,.-, n___~__ _ i. None. The Council prohibited operative hours between l lpm and 5 am Sl. s~11ffiI~arV of Citv o m 11 pllhlll• Aaar:n.s of X1..1...1..... 7~ i. In favor: TravisBun ows_ Genesis Nelso _ Dave Evans ii. In opposition• None iii. Commentin :None (Brian Sweet sieved up to testify but dirt nr,t nT~.,;.1P ~n~.~ iv. Written testimony Vance Barbour 141etters from adiacent nei hors/business owners m Kura expressme support for the proiect v. Staffpresentine annlication• Anna. Carmine vi. Other staff commentine on application• Bill Nary Kev I c Iec of Dis ns. ion by oLn i i. Settin a precedent for other businesses in the L O district Kev o In it ('hannue• i. The Council prohibited operative hours between 12.00 am and 4.00 am 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number CUP-07- 015, as presented in the staff report for the hearing date of October 23, 2007, with the following modifications to the conditions of approval: (add any proposed modifications). NOTE: The fmdings documents for this item are at the end of the agenda. Denial After considering all Staff, Applicant, and public testimony, I move deny File Number CUP-07-015, as presented during the hearing on October 23, 2007, for the following reasons: (you must state specific reasons for denial and what the applicant could do to obtain your approval in the future). Anytime Fitness -CUP-07-015 PAGE Z CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number CUP- 07-015 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 3220 E. Meridian Rd. Lot 10, Block 1, Sundance Subdivision No. 5 Section 31, T4N, R1E b. Owner: Settlers Crossing 7761 West Riverside Dr. Suite 100 Boise, ID 83714 c. Applicant /Contact: Travis Burrows, Dave Evans Construction 7761 West Riverside Dr. Suite 100 Boise, ID 83714 d. Present Zoning: L-O e. Present Comprehensive Plan Designation: Office f. Description of Applicant's Request: The Applicant is requesting Conditional Use Permit (CUP) approval to allow a fitness center within the Sundance Subdivision No. 5. 1. Date of Site & Landscape Plan /Building Elevations (Exhibit A): May 11, 2007 5. PROCESS FACTS a. The subject application will, in fact, constitute a conditional use per City Ordinance. By reason of the provisions of UDC 11-SB-6, a public hearing is required before the Planning and Zoning Commission on this matter. b. Newspaper notifications published on: July 16, 2007; July 30, 2007 (Planning & Zoning Commission); August 13 and 27. 2007 (for 9-4-07 City Council hearinel: and. October 1 and 15. 2007 (for 10-23-07 Citv Council hearing) c. Radius notices mailed to properties within 300 feet on: July 7, 2007 (Planning & Zoning Commission); August 10. 2007 (for 9-4-07 Citv Council hearinel: and. September 28. 2007 (for 10-23-07 Citv Council hearing) d. Applicant posted notice on site by: July 23, 2007 (Planning & Zoning Commission); st 25 2007 (for 9-4-07 Citv Council_hearin~l• and October 13 2007 (for 10-23-07 Citv Council earin 6. LAND USE a. Existing Land Use(s): Vacant. b. Description of Character of Surrounding Area: This area is transitioning into an office area and is provides a buffer for the existing residential subdivisions to the north and east of the subject site. Anytime Fitness -CUP-07-015 PAGE 3 ~~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 ', There are various other office uses that exist within the same subdivision as the subject site. I'~, c. Adjacent Land Use and Zoning 1. North: Residential, zoned R-8 2. East: Residential, zoned R-8 3. South: Residential, zoned R6 (Ada County) 4. West: Settler's Park, zoned L-O d. History of Previous Actions: This property was approved for office uses, as a use exception to the residential portion of the development, as part of a PUD for Sundance in 2002. The first subdivision approved on this property allowed for 4 office lots within Sundance Subdivision No. 3. Sundance Subdivision No. 5 (aka Settlers Crossing) is a re-subdivision of the 4 office lots, Lots 21, 22, 25, and 26 of Sundance Subdivision No. 3. In 2006 City Council approved a rezone of 5.4 acres from R-8 (Medium Density Residential) to L-O (Limited Office); preliminary plat (PP-06-014) of 12 office building lots; and Conditional Use Permit (CUP-06-011) to modify CUP-01-026 to allow the addition of 8 building lots and change the building pad layouts and parking configuration. An addendum to the Development Agreement (MI-06-001) was also recorded to reflect the changes mentioned above. The final plat for Sundance Subdivision No. 5 (FP-06-042) has been approved but not recorded for the subject site. ' e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Sewer for this project was installed with Sundance # 3. Location of water: Water for this project was installed with Sundance # 3. Issues or concerns: None. 2. Vegetation: N/A 3. Floodplain: N/A 4. Canals/Ditches Irrigation: N/A 5. Hazards: N/A 6. Existing Zoning: L-O 7. Lot Size: 0.91 acres f. Conditional Use Information: ~' Procurement of a CUP is required for indoor recreational facilities located within the L-O zoning district. The subject site is located within a L-O zoning district. ' 1. Non-residential square footage: 4,750 square feet 2. Proposed maximum building height: 24 feet (see Exhibit A -Building Elevations) ~, 3. Number of residential units: N/A ~, 4. Proposed Hours of Operation: 24 hours ~, g. Off-Street Parking: 1. Parking spaces required: 10 ' 2. Parking spaces proposed: 15 on site parking stalls (CCR's grant shared parking) Anytime Fitness -CUP-07-015 PAGE 4 i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 3. Compact spaces proposed: 0 h. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the subject site will be primarily from Meridian Road, west of the site, and Ustick Road, south of the site. Neither of these access points is on the subject property. There is an existing cross-access easement for all of the lots within this development to share drive aisles to/from the public streets. There is also interconnectivity from the existing residential neighborhood to the east of the subject property (Sundance Subdivision No. 3). The Applicant appears to be in compliance with the access conditions set forth in the approved fmal plat for Sundance Subdivision No. 5. 7. COMMENTS MEETING On July 13, 2007, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present included: Meridian Fire Department and Meridian Public Works Department. Staff has included comments, conditions, and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as `Office'. In Chapter VII of the Comprehensive Plan, `Office' areas are anticipated to provide opportunities for low- impact business areas. Uses would include offices, technology and resource centers; ancillary commercial uses may be considered (particularly within research and development centers of technological parks). Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics): • "Permit new ...commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Objective A, Action item 6) The subject site can be serviced by the City of Meridian's sanitary sewer and water systems, and all other urban services. • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action 5) Staff is conditioning approval of the subject CUP upon the applicant installing and maintaining landscaping on this site. Refer to the CUP Analysis, Section 10, for more information on landscaping at this site. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) Staff believes that the proposed use will be a benefit to the surrounding residential communities in the area. Staff believes that the proposed use is consistent with the Comprehensive Plan and the previously approved applications for this site. Staff recommends that the Commission rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's request is appropriate for this property. 9. ZONING ORDINANCE a. Allowed Uses in Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory, and conditional uses in the L-O zoning district. Indoor Recreational Facilities require a conditional use permit in the L-O zoning district. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail Anytime Fitness -CUP-07-015 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. c. General Standards: No dimensional modifications are being requested for the proposed development; full compliance with the UDC is required. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the proposed site design as presented in the CUP site plan, labeled Sheet 1 and dated May 11, 2007, and the landscaping as proposed, with the following comments: Use: As mentioned eazlier in this report, procurement of a CUP is required for the proposed use on this site. In approving CUP's, UDC 11-5-6C allows the decision making body to prescribe appropriate conditions, bonds, and safeguards that minimise adverse impacts on other property, control the duration of the use, require more restrictive standards than those generally required, and assure that the use and property is maintained properly. There are residential uses neazby the subject property, and the applicant is proposing to operate a 24 hour facility. Due to this property being located right on the comer of Ustick/Meridian, staff does not believe the proposed use on this site should have a negative impact on any property in the area. Therefore, all of the conditions regarding this site are "standazd" UDC requirements; no site specific conditions have been included. Staff recommends that the Commission rely on any public testimony that may be provided regazding the compatibility of this use with the other uses in the area. Access: Primary access to the subject site will be from three access points. The northern access to the subject site will be from Meridian Road and eastern access from Ustick Road, across other lots in the development. There is also interconnectivity from the existing residential neighborhood to the east of the subject property (Sundance Subdivision No. 3). There is an existing cross-access easement for all of the office lots in Sundance to shaze drive aisles and access to/from the adjacent public streets. Staff is generally supportive of the access points and pazking lot design and the applicant appears to be in compliance with the conditions set forth in the previously approved final plat. Parlang: A site visit by staff has verified the 15 parking stalls have been constructed on the subject site. Only 10 pazking stalls aze required by Ordinance. UDC 11-3C-SA requires 90° parking stalls to be 19 feet deep by 9 feet wide, adjacent ZS-foot drive aisles. The Applicant's proposed pazking plan is generally consistent with the aforementioned UDC pazking requirements. Additionally, UDC 11-3C-6G requires that one bicycle pazking space be provided for every 25 vehicle parking spaces or a portion there of. Provide a minimum 1-park bicycle rack on this site. Landscaping: The Applicant has proposed approximately 15.8% landscaping on the subject site. All perimeter landscaping and planters were approved with Sundance Subdivision No. 5 final plat (FP-06-042). As mentioned above, the final plat has not been recorded, however, a site visit was conducted to verify the perimeter landscaping and planters have been installed and are being maintained. The landscape plan prepared by Dave Evans Construction, on May 11, 2007, and labeled Sheet 1, generally complies with the UDC landscaping requirements. A written certificate of completion must be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to occupancy of the building. All standards of installation shall apply as listed in UDC 11-3B-14. Building Elevations: The Applicant has submitted elevations for the proposed building. (See Exhibit A) Staff is generally supportive of the proposed elevations, prepazed by Dave Evans Anytime Fitness -CUP-07-OI S PAGE 6 ~ i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 Construction, dated May 11, 2007. Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC) permit is to ensure that all construction, alterations and/or the establishment of a new use complies with all of the provisions of the UDC before any work on the structure is started and/or the use is established ([JDC 11-SB-lA). To ensure that all of the conditions of approval listed in Exhibit B are complied with, the Applicant will be required to obtain CZC approval from the Planning Department prior to establishing a fitness center on this site. All improvements must be installed prior to occupancy. It is important to note, Staff has approved a CZC for an office shell on the subject site, however, the applicant is proposing an indoor recreational use which requires approval of this Conditional Use Permit (CUP-07-015). b. Staff Recommendation: Staff recommends approval of CUP-07-015 for Anytime Fitness, as presented in the Staff Report for the hearing date of August 2, 2007, based on the Findings of Facts as listed in Exhibit C and subject to the conditions of approval listed in Exhibit B. The Meridian Planning and Zoning Commission heard this item on August 2 2007 At the public hearing. the Commission approved the proiect with added condition of approval 19 limiting the hours of operation from 5 a.m. to 11 p.m. The Meridian City Counc'1 heard hec .items nn September d, 2nM a..d October 23.2007_ t the September 4.2007 nub is hea 'n he ounc'1 approved he con itional u e pe i (CUP-07-0151 for an indoor recreational facility in a t ~-O zoning district and denied th_p applicant's anneal ( P-07-0081 o revoke the p1a_nnin ~ 7.On1T4 ~'~TMM~ecinn~e n limiting the hours of operation between S:OOa.m. and 11:00 n.m_ n September 18.2007. the Anp icant reaue ed that he ounc'1 recon ider the'r action• e Counc'1 granted the Applican ' reconsideration reaue t t the October 23.2007. public hea 'n he ounc'1 recon idered the'r eptember 4a' actin approved the conditional u e pe i ( UP-07-01 for an indoor r .creational fa cis O ZOl11n~ di trio and limited the hnnrc of nnerafinn to he hetwaE+n d•(Ifl a m anr~ 17• ~~ 11. EXHIBITS A. Drawings 1. Vicinity Map 2. CUP Site Plan (Dated May 11, 2007) 3. CUP Landscape Plan (Dated May 11, 2007) 4. Proposed Building Elevations B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company Anytime Fitness -CUP-07-OI S PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 7. Ada County Highway District 8. Central District Health Department 9. Nampa and Meridian Irrigation District C. Required Findings from Unified Development Code Anytime Fitness -CUP-07-015 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 A. Drawings 1. Vicinity Map Exhibit A Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 Z. CUP Site Plan (Dated May 11, 2007) __- .. . ~~t~lI~ 8 f "'V --] ~ i-- ~ ~ ,. D?f tII~ N A~ddS!'.97IDS 4¢L~1~M1Wi14ES~[~8E1P ~ll~iIIffi3S IDROdriH~SQ~'O ~ plrF.i6~i',- Exhibit A Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 3. CUP Landscape Plan (Dated May 11, 2007) '~' "' ,tea ~- ro~ ~_ .J~~~~ - s`'{ x~a~as +tK ~~ .. ~'_~ .- . ~~~ r a ~- ~. r~A ~ ; e r f .~ }.. m .,~ ~ ~ ~~~ ~ ~ ~ Exhibit A Page 2 ~ • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 4. Proposed Building Elevations nrc~R-ref E4.EVATf4N a~Rn~ Note ,,"~ ~,~x. Elevations NQtas ~~~~,~ ~~~~. E~evations Exhibit A Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The Applicant shall comply with all conditions of approval for Conditional Use Pemut (CUP-06- O11), Preliminary Plat (PP-06-014) and Final Plat (FP-06-042) of Sundance Subdivision No. 5. The Site Plan labeled Sheet 1, prepared by Dave Evans Construction, and dated May 11, 2007, is approved subject to the conditions listed below. 1.2 A1190-degree parking stalls shall be, at minimum, 19 feet deep by 9 feet wide, adjacent to 25-foot wide drive aisles. 1.3 The landscape plan prepared by Dave Evans Construction., on May 11, 2007, labeled Sheet 1, is approved with the following notes: • Provide 15.8% of the site for landscaping; • All perimeter and planter landscaping for Sundance Subdivision No. 5 shall be protected during construction. • 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 occupancy of the building. All standards of installation shall apply as listed in UDC 11- 3B-14. Where the Applicant has submitted a preliminary landscape plan, and where Staff has reviewed such plan, the landscaping shall be consistent said plan. All standards of installation shall apply as listed in UDC 11-3B-14. The preceding notes shall be shown on a revised landscape plan submitted with a revised Certificate of Zoning Compliance application. 1.4 To ensure that all of the conditions of approval for CUP-07-015 are complied with, the Applicant shall be required to obtain a Certificate of Zoning Compliance (CZC) permit from the Planning Department prior to establishing a fitness center on this site. 1.5 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements. A bid must accompany any request for temporary occupancy. 1.6 No signs are approved with this CUP application. All business signs require a separate sign permit in compliance with the sign ordinance. 1.7 The Applicant shall have a maximum of 18 months to commence the use as permitted in accord with the conditions of approval listed above. If the business has not begun within 18 months of approval, a new conditional use permit must be obtained prior to operation. 1.8 Provide a minimum 1-park bicycle rack on this site. 1.9 Hours of operation for the fitness facility shall be prohibited between 12:00 a.m. and 4:00 a.m. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of sewer mains that were installed on the property during Sundance #3. The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains that were installed on the Exhibit B Page 1 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 property during Sundance #3. The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. 2.3 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.5 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. 2.6 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 if approved by IDWR. 2.7 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to applying for building permits. 2.8 The applicant has not indicated how the storm drainage from the proposed parking lots associated with the attached units will be disposed. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.9 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., ,prior to applying for building permits. 2.10 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.11 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, ,prior to applying for building permits. 2.12 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.13 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Exhibit B Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HE ~ ATE OF OCTOBER 23, 2007 2.14 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.15 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 3. FII2E DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" outlet face the main street or parking lot aisle; b. The Fire hydrant shall not face a street which does not have addresses on it; c. Fire hydrant markers shall be provided per Public Works specifications; d. Fire Hydrants shall be placed on corners when spacing permits; e. Fire hydrants shall not have any vertical obstructions to outlets within 10'; f. Fire hydrants shall be place 18" above finish grade; g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5; h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.4 All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.5 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. 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 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.9 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). 3.10 There shall be a fire hydrant within 100' of all Fire Department connections Exhibit B Page 3 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 4. POLICE DEPARTMENT 4.1 The Police Department did not comment on this Conditional Use Permit Application. 5. PARKS DEPARTMENT 5.1 The Parks Department did not comment on this Conditional Use Permit Application. 6. SANITARY SERVICES COMPANY 6.1 Sanitary Services did not comment on this Conditional Use Permit Application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC COMMENTS 7.1.1 Prior to fmal approval you will need to submit construction plans to ACHD Development Review Department to insure compliance with the conditions identified above or for traffic impact fee assessment. This is a separate review process that requires direct plans submittal to the development review staff at the highway district. 7.1.2 A traffic impact fee will be assessed by ACRD and will be due prior to the issuance of a building permit. Contact ACRD Planning and Development service at 387-6170 for information regarding impact fees. 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of--way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter, and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file number) 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 a building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use, and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as the Ada County Highway District Road Impact Fee Ordinance. Exhibit B Page 4 ~ i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 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 ACRD 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 interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. CENTRAL DISTRICT I3EALTI3 DEPARTMENT 8.1 The NCDHD had no objections to the proposal. 9. Nampa and Meridian Irrigation District 9.1 All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 9.2 The Developer must comply with Idaho Code 31-3805. Exhibit B Page 5 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 C. Required Conditional Use Permit Findings from UDC The Council shall base its determination on the Conditional Use Permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The proposed building and use on this site can accommodate and meet all dimensional and development regulations of this district. The City Council finds that the subject property is large enough to accommodate the required setbacks, parking, landscaping and other features required by the ordinance. Staff recommends the Council rely on Staff's analysis and any oral or written public testimony provided when determining if this site is large enough to accommodate the proposed use. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council fmds that the designated Comprehensive Designation for this property is Office. The property is currently zoned L-O, with a requirement for CUP approval of the indoor recreational use. The proposed use is generally harmonious with the requirements of the UDC (See Sections 8 and 10 above for more information regarding the requirements for this use). 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council fmds that, if the Applicant complies with the conditions outlined in this report, the general design, construction, operation, and maintenance of an office building should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that, if the Applicant complies with the conditions outlined in this report, the proposed uses will not adversely affect other property in the area. The Commission and City Council should rely upon any public testimony provided to determine if the development will adversely affect the other property in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The City Council fmds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently available to the subject property. Please refer to any comments prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Corporation and ACl-ID. Based on comments from other agencies and departments, City Council finds that the proposed use will be served adequately by all of the public facilities and services listed above. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the Applicant will be financing any improvements required for development. The City Council finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. Exhibit C Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors. The City Council recognizes that traffic and noise will increase with the approval of the recreational use in this location; however, Staff does not believe that the amount generated will be detrimental to the general welfare of the public. Staff does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. The City Council finds that the proposed uses will not be detrimental to people, property, or the general welfare of the area. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic, or historic feature considered to be of major importance. The City Council fords that there should not be any health, safety or environmental problems associated with this subdivision that should be brought to the Commission's attention. The City Council finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic, or historic feature of major importance. Exhibit C Page 2 u November 2, 2007 MERIDIAN CITY COUNCIL MEETING November 7, 2007 APPLICANT Civil Survey Consultants, Inc ITEM NO. 5-L REQUEST Task Order 0725 for Black Cat Road Water Main, Fve Mile Creek to Chinden, design for an amount not to exceed $15,155. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: gee attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: w J CITY SEWER DEPT: ~ ~•J~' 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: INTERMOUMAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the Cffy of Meridian. ~. • • TASK ORDER NO. 0725 CITY OF MERIDIAN (OWNER) AND CIVIL SURVEY CONSULTANTS INC. (ENGINEER) This Task Order is issued by Owner and accepted by the Engineer pursuant to the mutual promises, covenants and conditions contained in the Agreement between the above named parties dated November 8, 2006. CITY OF MERIDIAN BLACK CAT ROAD WATER MAIN EXTENSION PHASE 2 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 0725 -Design and Construction Per the City's request, the Engineer will provide professional engineering services related to the extension of the potable water main•in Bladc Cat Road from the North Black Cat Lift Station north to Chinden Road.. The engineer proposes to provide the following under this scope of services: 1. Perform a feld survey as necessary to supplement the topographic survey conducted by JUB Engineers and famished by the Owner. The topographic survey was used by JUB Engineers to prepare construction plans for the North Black Cat Road Sewer Trunk Line. 2. Use the.field survey and an electronic copy of the topographic survey conducted by JUB Engineers and famished by the Owner to prepare complete plans and specifications for construction of the water line. 3. The construction plans and specifications will be submitted to the Idaho Department of Environmental Quality, and the Ada County Highway District for their review and approval. 4. Assist the City of Meridian in advertising the project for bids, be available to answer questions during the pre bid period, attend the bid opening, and assist in the award of the contract. _ 5. Be available to answer questions during construction and provide one set of construction stakes for the water line. 6. Perform field surveys of as constructed .improvements and prepare record drawings as per the City of Meridian Acceptance of Record/Electronic Drawings da#ed February 7, 2007. • 7. All construction contracting, administration, and inspection will be provided by the City of Meridian. INFORMATION PROVIDED BY OWNER The following information will be provided by the owner. 1. An electronic copy of the topographic survey conducted by JUB Engineers used to prepare construction plans for the North Black Cat Road Sewer Trunk Line. 2. A copy of the North Black Cat Road Sewer Trunk Line construction plans and spec cations prepared by JUB Engineers. 3. All construction contracting, administration, and inspection. 4. Red-lined plans showing any changes made during construction for use in preparing record drawings. TIME OF COMPLETION Final plans and specifications will be completed in a timely manner to allow this project to be constructed in conjunction with the North Black Cat Road Sewer Trunk Line. COMPENSATION The Not-To-Exceed amount for this Task Order No. 0725 is Fifteen Thousand One Hundred Fifty Five dollars ($15,155.00). The hourly rate for services and direct expenses is per the previously approved Prevailing Fee Schedule Effective October 1, 2006, and by this reference made a part hereof. CITY OF IlAERIDIAN TAMMY WEERD, MAYOR ENGINEER BY: l`IMOTHY A. BURS , VICE PRESIDEN Attest: ``et4ttlttlllltl!/p///,f ~°~ ~°~'i ~~ ~" LIAM G. BERG, JR., LER~ Approved by City Council: l~ ~' ~~~ • ~,~ (Date) ``% . a ~~.®~$~ /~j``fPlPP€t tiE14l4~~ati® Ci ty of Mer idi an Pu bl ic Wor ks D ept. Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer ~'c/`~ CC: File Date: 11 /14/07 Re: Change Order #1 to Agreement for Professional Services with Civil Survey Consultants Inc. for design of Water Main Connections between Franklin Road, Lanark Street, Commercial Street, and Pine Avenue. Attached is the original above referenced agreement for your files. ~ Page 1 CITY OF MERIDIAN CHANGE ORDER NO. 1 ' 33 EAST IDAHO PROJECT NO. 615 MERIDIAN, ID 83642 DATE: 11/1/2007 EFFECTIVE DATE: 11/1/2007 - CONTRACT CHANGE ORDER I~.vN ~ rw~ r vrc: Civil Survey Consultants PROJECT: Lanark /Commercial Water Line Connections The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. - Desciption: Additional design services. Reason for Change Order: Unanticipated rework due to easement and UPRR issues. Attachements: None CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 23,915.00 Original Contract Time: 120 Net changes form previous Change Orders Net changes form previous Change Orders No._ to _ (calendar days) - $ - 0 Contract Price Prior to this Change Order: Contract-Times prior to this Change Order: (calendar days or date) $ 23,915.00 120 Net Increase (decrease) of this Change Order: Net Increase (decrease) of this Change Order: (calendar days or date) $ 6,500.00 0 Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days} $ 30,415.00 120 RECOMMENDED: 2 d~~ MANAGER) ACCEPTED: (CONS FOR) ~ ` By: ~ By: '~j~J ~~" Date: ~ Q Date: - APPROVED: (CITY PURCHASING AGENT) COUNCIL APPROVAL By: Keith Watts ~~ - Date: Date: /~/O 7 APP D: (CITY~~~ ~ ATT T: C By: Mayor Tam de Weerd By: City Clerk, Will Berg J . Date: _ Date: ~. • • t_;ity O~ Ii~e~°ic~a~ Katy clerk ~a`~ce Memo To: Will Berg; Tara Green From:,Bcewt-BlCake 1~~ ~i~e~ ~G/z CC: File Date: 1012M07 Re: Proposed Agenda Item for November 7, 2007 City Council Meeting The Public Works Department respectfully requests the following item be placed on the November 7, 2007 City Council agenda, under Consent Agenda, for Council's consideration: Task Order 0725 with Civil Survey Consultants Inc. for Blade Cat Road Water Main. Fivemile Creek to Chinden. Design Recommended Council Action: The Public Works Department recommends that City Council approves Task Order 0725 with Civil Survey Consultants, Inc. for Black Cat Road Water Main, Fivemile Creek to Chinden, Design for an amount not to exceed $15,155 and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding this item. • Page 1 TASK ORDER N0.0T25 CITY OF MERIDIAN (OWNER) AND CIVIL SURVEY CONSULTANTS INC. (ENGINEER) This Task Order is issued by Owner and accepted by the Engineer pursuant to the mutual promises, covenants and conditions contained in the Agreement between the above named parties dated November 8, 2006. CITY OF MERIDIAN BLACK CAT ROAD WATER MAIN EXTENSION PHASE 2 PURPOSE The Engineer's scope of services, time of completion and compensation shall be as set forth herein. Services shat( generally be described as Engineering Consulting Services. TASK 0725 -Design and Construction Per the City's request, the Engineer will provide professional engineering services related to the extension of the potable water main•in Black Cat Road from the North Black Cat Lift Station north to Chinden Road. The engineer proposes to provide the following under this scope of services: 1. Perform a field survey as necessary to supplement the topographic survey conducted by JUB Engineers and furnished by the Owner. The topographic survey was used by JUB Engineers to prepare construction plans for the North Black Cat Road Sewer Trunk Line. 2. Use the field survey and an electronic copy of the topographic survey conducted by JUB Engineers and furnished by the Owner to prepare complete plans and specifications for construction of the water line. 3. The construction plans and specifications will be submitted to the Idaho Department of Environmental Quality, and the Ada County Highway District for their review and approval. 4. Assist the City of Meridian in advertising the project for bids, be available to answer questions during the pre bid period, attend the bid opening, and assist in the award of the contract. 5. Be available to answer questions during construction and provide one set of construction stakes for the water line. 6. Perform field surveys of as constructed improvements and prepare record drawings as per the City of Meridian Acceptance of Record/Electronic Drawings dated February 7, 2007. 7. All construction contracting, administration, and inspection will be provided by the City of Meridian. INFORMATION PROdIDED BY OWNER The following information will be provided by the owner. 1. An electronic copy of the topographic survey conducted by JUB Engineers used to prepare construction plans for the North Black Cat Road Sewer Trunk Line. 2. A copy of the North Black Cat Road Sewer Trunk Line construction plans and specifications prepared by JUB Engineers. 3. All construction contracting, administration, and inspection. 4. Red-lined plans showing any changes made during construction for use in preparing record drawings. TIME OF COMPLETION Final plans and spermcations will be completed in a timely manner to allow this project to be constructed in conjunction with the North Black Cat Road Sewer Trunk Line. COMPENSATION The Not-To-Exceed amount for this Task Order No. 0725 is Fifteen Thousand One Hundred Fifty Five dollars ($15,155.00). The hourly rate for services and direct expenses is per the previously approved Prevailing Fee Schedule Effective October 1, 2006, and by this reference made a part hereof. CITY OF MERIDIAN BY: TAMMY de WEERD, MAYOR Attest: WILLIAM G. BERG, JR., CITY CLERK Approved by City Council: ENGINEER i' ' BY: " Z IMOTHY A. BUR S , VICE PRESIDEN~ (Date) • November 2, 2007 MERIDIAN CITY COUNCIL MEETING November 7, 2007 APPLICANT SSC ITEM NO. 5-M REQUEST Resolution No :SSC Commercial Rate Change. AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. COMMENTS See attached y~~ o~, CITY OF MERIDL~N BY THE CITY COUNCIL: RESOLUTION NO. ®~~ ~~~ BIRD, BORTON, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND CITY CLERK TO ALLOW, ON BEHALF OF SAID MUNICIPALITY, A RATE STRUCTURE FOR COMMERCIAL AND SCHOOL RECYCLING PROGAMS DUE TO THE EXPANSION OF THOSE PROGRAMS WITHIN THE CITY OF MERIDIAN, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the franchise agreement entered into between Sanitary Services Company and the City of Meridian provides for a rate structure due to the expansion of services and in accordance with that agreement the fees may be passed on to the consumer; and WHEREAS, Sanitary Services Company has provided detailed information regarding the expansion of the commercial and school recycling programs within the City of Meridian; and WHEREAS, the requested rate structure for the expansion of the commercial and school recycling programs are reasonable and in compliance with the franchise agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO as follows: SECTION 1. The Mayor and City Clerk are hereby authorized to allow, on behalf of the City of Meridian, the rate structure due to the expansion of the commercial and school recycling programs within the City of Meridian as set forth in the attached RESOLUTION FOR FEE STRUCTURE FOR EXPANDED COMMERCIAL & SCHOOL RECYCLING PROGAM Pagel of 2 i "Expansion of the Commercial Recycling Program" and incorporated herein by this reference. SECTION 2. The effective date the rate structure due to the expansion of the commercial and school recycling programs shall be the ~~~ day of ~o~~m ~- , 2007. ADOPTED by the City Council of the City of Meridian, Idaho this _~ day of t~lr?l'n ~ , 2007. APPROVED by the Mayor of the City of Meridian, Idaho, this 7 ~ da of `/ Y /t~ D y?i`r, (yfiL, , 2007. APPROVED: ~CG~~°-~~UC MAYOR T DE WEERD ATTEST: WILLIAM G. BERG, \\\`\`\\\\\~~~~1111111111111e`/'ss`s`' \ ~. .~ ~~~ °> A P ALE ~~1, `, ~' \~ ~,, -~~ `ter' t~~ . `~. /®,''//'~~~lllllll Y101/11,,~`r`\1D RESOLUTION FOR FEE STRUCTURE FOR EXPANDED COMMERCIAL & SCHOOL RECYCLING PROGAM Paget of 2 • ~xnanslon of the Commercial Recvcllna Program SSC currently has commercial recycling programs in Meridian for removal of: ^ Compacted cardboard ^ Loase cardboard • Telephone books ^ Plastic bottles ^ Wood waste ^ Inert waste These programs removed more than 5.5 million pounds of waste in 2006 -more than any other category of recycling program. Ali of these programs are called °souroe separated" programs where only one commodity is collected and transported. SSC proposes to expand the commercial recycling program to handle medium sized businesses and schools using a "single stream" collection. Until six months ago there was no market far commingled materials in Ada County but Western Recycling now has a market far this material. The program wiA allow for the collection of the following commingled recyclables: ^ Mixed Paper (office paper, junk mail, phone gooks etc. ^ Magazines ^ Newspaper ^ Cardboard ^ Plastic (9-7} ^ Aluminum ^ Tin Food items and plastic films are contaminants in this program. These items will be disposed Ina 5 cubic yard expanded metal container or a 95-gallon wheeled cart. The five cubic yard container will be collected usaTg a front end Load truck and the wheeled carts will be collected using a recycling truck with no compartments. Rate S#ructure: SSC proposes to expand the current commercial and school recycling programs as soon as a publ'-c hearing can be completed for the proposed rate structure: Size Frequency Cost ner month 1 - 95 gallon cart 2x per month $ 94.00 7 -'95 gallon cart 1x per week $ 22.25 2 - 95 gallon carts 1x per week $ 25.25 3 -- 95 gallon carts 1x per week $ 25.25 4 -- 95 gallon carts 9x per week $ 31.25 5 _ 95 gallon carts 1x per week $34.25 6 - 95 gallon carts 1x perweek $ 37.25 1 -- 5 CY container lac per month $ 48.00 1 x per week $ 60.00 2x per week $ 96.00 3x per week $932.00 4x per week $168.00 5x per week $204.00 The rate structure indicates that cart service wNl occur for all customers on the same day of the week. This will allow for efficient use of the collection vehicle. For the five cubic yard eantainer service the customer wilt only have a single container but will be serviced as many times per week as n$cessary to meet their needs. Othertssues: Schools and businesses may be required to construct enclosures as per City Code. .lanitorial staff will need~to clean up milk and soda spills around fire containers. Contaminants may raiuse the program to end at a particular loca#ion November 2, 2007 MERIDIAN CITY COUNCIL MEETING November 7, 2007 APPLICANT Hydro Logic ITEM NO. S-N REQUEST Task Order 1, agreement for Professional Services for engineering consulting services regarding groundwater quality regulatory compliance issues for a cost not to exceed $20,Ot~. 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 pubNc meetln~s shall become properly of the City of Meridian. • • TASK ORDER. N0.1 CITY OF MERIDIAN (OWNER) AND HYDRO L-OGI.C; INC. (HYDROGEOL-OGIST) This Task Order is issued by Owner and accepted by the Hydcogeologist pursuant to the mutual ~pramises, covenants and conditions confined in the Agreement between the above named parties dated January 9, 2007. CITY OF MERIDIAN REGULATORY COMPLIANCE G,RQUND WATER,~UALITY ISSUES PURPOSE The Hydrogeologist's scope of services, time of completion and compensation shall be as silt forth herein. Services shall generally be described as Engineering Consulting. Services per the Consultant's proposal dated July 2&, 2005 TASK 1.1-GROUND WATER QUALITY REGULATORY COMPLIANCE ISSUES Per the City's request, Hydrogeologist will evaluate ground water quality problems within the water system; review and advise the Clty on newly Implemented USEPA SafB Drinking Water Act colas, negotiate with regulatory agenc!_es over regulatory requirements and seek waivers to unnecessary monitoring. requirements, evaluate emergent problems with individual City water wells including, Source Water Pcotedion and response to customer-related water quality complaints. In addition to regulatory submittals, individual task completion. reports will be developed as needed and/or requested by the City. The QwrJer will provide all available information necessary to conduct the' evaluations and develop submittals. HydrogeoJogist will pedortn field suiveys acrd obtain fiekl-me_.asured water quality parameters as needed. Hyctcogeologist will follow through with regulatory agencies to• closure and wNl work closely with City's Water Quality SpeciaUst to reduce monitoring costa. while ensuring 700°k compliance. TIt41t: OF COAAPLE:TiON Engineering services will be' completed on an as needed basis and time of oompleGon will beset as servtc~s are requested. • COMPt£NSATION u The Not-To-f=xceed. amount for this Task Order No. 1 is twenty thousand dotlars, ($20,OOO:OOy. The hourly rate for services and direct expenses is attached (Prevailing t'ee•5chedule Effective October 1•, 200 and by this reference made a part hereof. CITY OF°M BY: TAMMY d ~~~ Attest: ~. L IAM G. BERG.~JR.. C~71 RD, M?~AY,O~iR~~,+++~~+~~r ~f'Iic.Y `~ iK ~~~ 7' ,~ `~ .~+ ~, HY.DROGEOLOGIST ',:,, ~~ ~ ~ '°° ~~I~~ ~;ia;y ~~f I~~; i~caiaaa ~it~ ~1~~1> since Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer CC: File, Len Grady, Keith Watts Date: 10/26/07 Re: Proposed Agenda Item for November 7, 2007 City Council Meeting The Public Works Department respectfully requests the following item be placed on the November 7 City Council agenda, under Consent Agenda, for Council's consideration: Task Order 1, Agreement for Professional Services with Hydro Logic for Engineering Consulting Services regarding Groundwater Quality Reaulatorv Compliance Issues Recommended Council Action: The Public Works Department recommends that City Council approves Task Order 1, Agreement for Professional Services with Hydro Logic for Engineering Consulting Services regarding Groundwater Qualify Regulatory Compliance Issues for a cost not to exceed $20,000 and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding this item. • Page 1 • TASK ORDER N0.1 CITY OF MERIDIAN (OWNER) AND HYDRO LOGIC. INC. (HYDROGEOLOGIST) This Task Order is issued by Owner and acxepted by the Hydrogeologist pursuant to the mutual promises, covenants and conditions contained in the Agreement between the above named parties dated January 9, 2007. CITY OF MERlD1AN REGULATORY COMPLIANCE GROUND WATER QUALITY ISSUES PURPOSE The HydrogeologisYs scope of services, time of completion and compensation shall be as set forth herein. Services shall generally be described as Engineering Consulting Services per the Consultant's proposal dated July 26, 2005 TASK 1.1-GROUND WATER QUALITY REGULATORY COMPLUtNCE ISSUES Per the City's request, Hydrogeotogist wilt evaluate groundwater quality problems within the water system, review and advise the City on newly implemented USEPA Safe Drinking Water Act rotes, negotiate with regulatory agencies over regulatory requirement and seek waivers. to unnecessary monitoring requirement; evaluate emergent problems with individual City water webs including Source Water Protection and response to customer-related water quality complaints. In addition to regulatory submittals, individual task completion reports wiA be deveto~d as needed and/or requested by the City. Ths Owner will provide ail available information necessary to conduct the evaluations and develop submittals. Hydrogeologist will perform fiekt surveys and abtaln field-measured water quality parameters as needed. Hydrogeologist wilt follow through with regulatory agencies to closure and will work closely with City's Weber Quality Specialist to reduce monitoring cost while ensuring 100% compliance. TIME OF COMPLETION Engineering services will ~ completed on an as needed basis and time of completion will be set as services are requested. COMRENSATION The Not-To-Exceed amount for this Task Order No.1 fs twenty thousand dollars ($20,000.00}. The hourly rate for services and dtred expenses is attached (Prevailing Fee Schedule Etfec6ve October 1, 2007) end by this reference made a part hereof. CITY OF MERIDIAN BY: TAMMY de WEERD, MAYOR HYDROGEOLOGIST ti+a..Q.d ED SQUIRES, YDRO LOGIC, INC. Attest: WILLIAM G. BERG, JR., CITY CLERK r~ d 1002 W Franklin Street. Boise IU 83702 f20,8) 342-8369 tFax1342.3100 hydrolagicf7owest.net oaober 2s, 2007 Mr. Len Grady, P.E. city Engineer city of Meridian 600 East Watertower Meridian, Idaho 83642 Evalaatlon of Aging Sapply Wells and/or Wells With Water Quality Challenges Dear Len: I have developed this general scope of work, and estimated costs to work with the City Water Department in much the same opacity as we have for the last 12 years or so. "This scope of work covers emergent problems with supply wells, regulatory compliance and monitoring issues, source water protection, ground water quality challenges, and some customer-related water quality complaints. Current ongoing projects include impiemelrtation of the new Radionuclides Rule, Uffiegulated Contaminant Monitoring Rule, Disinfection By-Products, Iron, and Mangane~ aimed at improving the City's overall water quality and reducing its unnecessary monitoring requirements. We have submitted applications to IDEQ that have significantly redu~l the City's monitoring and laboratory costs such as the recently reduced Symhetic Organic Compounds monitoring and reporting. By keeping general track of our requested consultations over the years, I am recommending a level of funding that could easily be u~ by the City for theme endeavors: I have tabulated the costs to complete the work as a single project on the attached spread sheet. 'The cost estimates are considered to cover an approximate year's worth of projects for the Water Department. We stand ready to commence the work right away and to proceed cominuously to completion of each project that comes up. I believe we have a track record of rapid response to these emergent projects and a high success rate in resolving water chemishy problems and in reducing the City's costs. 'Thank you for considering Hydro Logic, Inc. for this work for the City. Respectfully submitted by: Edward Squires ~ ~ . Hydro Logic, Inc. ~•~ STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONSTJI.TANT ON THE BASIS OF A STII'ULATED PRICE THIS AGREEMENT is dazed the ~_ day of h~ is the yeaz 20Q5 by end between City of Meridian Ada Comity, Idaho (hereinafter called OWNER) and Hydro Logic, hrc. (hereinafter called CONSULTANT). OWNER and CONSULTANT, in consideration ofthe mutual coves hereinafter set forth, agree as follows: Artlcte 1 WORK. The CONSULTANT will wmpleto all Wodt as specified or indicated in the Agreement. The WORK is generally descn'bed as follows: The pro,~ed lndades evalaatlaag of ground water quality problems, regulatory negotffitinna of .monitoring requirements, emergent problems with supply wells, regulatory compliance Issues, monhoring lssaes, source water protection, and response to some customer-related water quality rnmplaints. Thu Project for which the Work under the Agreement is descn'bed as: Water Department Consultation. All replacement materials and worfmranship will meet the City of Meridian Standard Specifir.~ions and Drawings. The CONSULTANT wilt be familiar with the specifications. Artide 2 EIVGIlVEER The City of Meridian Public Works Deparhnent wiII be the ENGINEER The City ofMeridian Public Works Aepaztmem is to act as OWNER's represea~ive, assume all duties and responsibrlu' ins aQd have tip rights and atuhority assigned to ]~IGIIQEER in the Contract m ecnaedion with completion ofthe Work in accordance with the Contract I}acumems. Artlde 3 CONTRACT TIA4E. The Work will be completed as neca¢sary and requested by the City. of Meridian wfien it is understood that tuna wiD be of the essence. c Amide 4 CONTRACT PRICE. OWNER will pay CONSULTANT for completion of the Work in current foods as follows: Tonal Contaact Price is $ ]5.000.08. Artide S PAYMENT PROCEDIIRES. The.CONSULTANT will submit Application for Payment as the work progresses but not to exceed one invoice per month. App&cations for Payment must be submitted to the Public Works Depnctme~. Payments. The OWNER will make progress payme~s oa accatmt of the Conhact Price on fire basis of CONSULTAN'T's Appti~tion for Payment as recemffiended bythe Public Woika I~partarent, on or about the 15s' day.of each month during consGnction for Applications submitted to the Public Worsts Departtmemprior to the Is~t day of that month. All progress payments wt71 be on the basis ofthe progress ofthe wozk mimed by the schedule of . valae~s esmblished in At#cle 4. The OWNER. may retain up to 5% oftire amount of the payment until f~l completion . aa4i.accegtance of.all Warls covered by this Agreement. Upca completion and acceptance of the Work, paymem wsll be made in fall, including retained percanmg~, less atuhorzed d~uetions, within thirty (30) days. 7!5!2005 Page 1 Ankle 7 CONSULTANT'S REPRESENTATIONS. - °~ i/ .. ~~--'4 `, LYTEREST. Heys not paid when due wt71 beaz interest et 12%per annum or the maTdmum isle allowed by law at the place of - :; ~°t, whichever is less. . Ia order to induce the.OwNER to ear into the Agreement, the CONSULTANT makes the foIlovving r~resentations: 7.1 The CONSULTANT has F~aliari2ed itself with the nattae and eattent of the Work, site, locality, and eFl Focal eottdidons and Laws and Regulations that in aay manner may affect ~, progress, performance or furnishing of the work. 72 The CONSULTANT wt71 have studied cacefuIly all dtawings of physical 73 17ze CONSULTANT has given Public wasits written notkx of all coaIIicts, errors oa that he has discovered and the written resolution thereof by ENGINEER is accepffible to'CONSULTANT. ~+ Article 8 CONTRACT DOCUlV1ENTS. cemiq$ the Wyystof ytewit~~e ~ b~e~ the O'WL~ER and tha CONSULTANT 8.i This Agreement 8.2 Exhtbits to this Agreement- Attachment A =Cost spreadsheet and Attachment B ° Wark tasks narrative. 83 htformation for Bidders - AUA. 8.4 Drawings - NlA. 8.5 CONSULTANT'S Quote - 5's of July, 2405. 8.6 2005 It1$ho Standards for Public Works Construcoion, imcludiag Division 100, exeegt as superseded by the information For Bidders, corrtained herein. 8.7 Revisions to the Standard Specifit~.iong a~ Spatial Provisions. 8.8 Doatmentation submitted by CONSULTANT prior to Notice of Award. 8,9 The documents listed in paragraph 8.2 above are attached to this'Agreement (excepfas expressly notedotherwise above). .There are no Coaraat Documents other than those listed aimve in this Article 8. The Ccmtract Doa~enty may only be amended, modified or stippletneuted. by written Change Order. Article 9 NffSCELI.ANEQUS. 9.1 No assignment by a party hereto of any rights under as interest is the Conmact l?ocnmems will be bittdmg on anotherpatty hereto without the written consem ofthe gamy sought to be bottad; and specifically bur without limitation moneys thaz may become due and moneys that are due may not be assigned iviRhatn such consent (except to the extent that the effect of this restriction may be limited by law); and unless specifically stated to the contrary in arty written consent k as assignment ~ assignment will release or discharge the assignor from any duty qr resportstbt7ity tntd~ the Contract Docmpeats. . 7!5/2005 Page 2 -,. and CONSULT_~ZT esc~ . _-.'> isc'. is pararzrs. successors, assigns and legal representatives to the ~artyhereto,itsparmzrs.s:..;zss~-s _si~sandlega[representativesinrespectofallcovenaatsand gations captained in the C:-,*:-a~- =, _ ; ~ ::eats -ricle 10 O'T'HER PRO~TSIO~ ~. ivone IN WITA'ESS W1iEREOF. OWNER and CONSULTANT have signed this Agreement iti triplicate. One cotmterpart each has been delivered u ~tL'NER, CONSULTANT and ENG7NEER All portions of the Contract Documents have been signed or identified b y OWNER and CONSULTANT or by ENGINEER an their behalf. The Agreemeac will be efferzive on ~ U ``'~ ~ . ZO S2 Owner C[Tt'f)F'~1L•RT[)[AN CONSULTANT HvdroLoQic.Ine. ,: ~I ]3y. , L~~~ l~ By . Name: \~vl~yor , d Name: ident t~' vr~h~~~ h2.6'o5 _.~ ~ ~ pe Attest: Name; ~T LS~'~ ~` ~!!!l /f111111119~„`` z Attest: E Name: 715r2005 Page 3 9~ --r- A C.1 .tr' V ii C 0 z N A d ti ..~ 9 U a ~ u~ F ~ o ^ ~ u°s w w 9 ~ a ~ ~o E y ~ ~ o O o ~ r "'' ~ N ~ ~ `o p o ~i O S ~ ,e e ~o T x C O O j2 g p O B ? T x 4 4 ("i C ~7 ~ .~ d ~ i ~ c c a i • November 2, 2007 MERIDIAN CITY COUNCIL MEETING November 7, 2007 APPLICANT Idaho Dept of Water Resources REM NO. 5-O REQUEST Application for permit for proposed well #28 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: -Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become properly of the CNy of Meridian. COMMENTS See attached f, J Memo To: Will Berg; Tara Green Fronx Kyle Radek, P.E., Staff Engineer CC: File, Len Grady, Date: 10/26/07 Re: Proposed Agenda Item for November 7, 2007 City Council Meeting M1! a 9 ~ ~ ~~V~"a"' The Public Works Department respectfully requests the following item be placed on the November 7 City Council agenda, under Consent Agenda, for Council's consideration: Idaho Department of Water Resources Application for Permit for Proposed Well #28 Recommended Council Action: The Public Works Department recommends that City Council approves the Idaho Department of Water Resources Application for Permit for Proposed Well #28 and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding this item. • Page 1 ~ o Form 202 Identification No. 2/96 STATE OF IDAHO DEPARTMENT Off' WATER RESOURCES APPLICATION FOR PERMIT Ta appropriate the public waters of the State of Idaho Please direct all inquiries to Ed Squires at 342-8369 1. Name of applicant Citv of Meridian. Idaho Well #28 Phone _12081 898-5500 Len Grady Mailing address 33 E. Idaho Meridian Idaho 83642 2. Source of water supply Groundwater which is a tributary of N/A 3. Location of point of diversion is Township 3N .Range 1 E .Section 32 in the '/., SW '/<, NE .'/.,Govt. Lot. . , B.M., Ada County; additional paints of diversion if any: A second well on the same lot 4. Water will be used for the following purposes: Amount 5.0 cfs for Municipal purposes from Jan. 1 to Dec. 31 (both dates inclusive) (cis or acre-feet per annum) Amount for (cfs or acre-feet per annum) purposes from to (both dates inclusive) Amount for (cfs or acre-feet per annum) purposes from to ~ (both dates inclusive) Amount for (cfs or acre-feet per annum) purposes from to (both dates inclusive) Amount for purposes from to (bath dates inclusive) (cfs or acre-fit per annum) Amount for purposes from to (both dates inclusive} (cfs or acre-feet per annum) 5. Total quantity to be appropriated is (a} 5.0 cis and/or (b) .not applicable to a municipal water right cubic feet per second acre feet per annum 6. Proposed diverting works: a. Describe type and size of devices used to divert water from the source __An 18-inch diameter X 800 foot deep well with a deep wep turbine Dump discharging into the City's integrated system of water mains and storage reservoirs b. Height of storage dam feet; active reservoir capacity acre-feet; total reservoir capacity acre-feet c. Proposed well diameter is 18 inches; proposed depths of wells are 150 to-900 feet bgl feet. d. Is ground water with a temperature of greater than 85°F being sought? Ng e. If well is already drilled, when? No ;Drilling firm Protect to be bid Well was drilled for (well owner) N/A ~ Drilling Permit No. WA 7. Time required for completion of works and application of water to proposed beneficial use is Five f51 years (minimum 1 year). 8. Descripfion of proposed uses (if imgaSon only, go to item 9): a. Hydropower; show total feet of head and proposed capacity in KW. b. Stockwatering; list number and kind of livestock. c. Municipal; show name of municipality.. City of Meridian. Idaho d. Domestic; show number of households. e. Other; describe fully. ~„mw~~,~ REQUEST TO PROCESS GOMPLETE REQUEST IF YOU WANT YOUR APPLICATION TO BE PROCE338D USING ONE OF THE TEIItEE ALTERNATIVES BELOW Name of Applicant City of Meridian, Idaho Mailing Address 33 E. Idaho Meridian, Idaho 83642 Application No, City of M®ridian Well #28 (if known) IN LOCAL PUBLIC INTEREST Yes, I want my appliaatioa processed and before it is advertised, I will amend my application to damoastrate that the proposed appropriation is in the local public interest including the seed to preserve flows in the Snake River during the migration periods of anadramous fish. PROPOSE MITIGATION NOW Yes, I want my application processed and before it is advertised, I will amend my application to include proposed mitigation to offset anticipated depletions in the Snake River during periods of anadromoua fish migration. RX WILL AGREE TO MITIGATION IN THE FUTURE IF NECESSARY Yea, I want my application processed at this bane, and I will accept a condition of approval that will require mitigation should the Director of the Idaho Department of Water Resources determine that mitigation is necessary to offset depletions from this appropriation to flows in the Snake River during periods of anadromous fish migration. I understand that mitigation is not required now but may be needed in the future. I have an opportunity to review the process by which the need for mitigation is established cad the amount of water required is quantified. Signature Date Please return this form to: Idaho Dept. of Water Resources Western Regional Office 2735 Airport Way Hoiae, ID 83705-5082 • • November 2, 2007 MERIDIAN CITY COUNCIL MEETING November 7, 2007 APPLICANT ITEM NO. Jr'-P REQUEST Approve Contracts far New City Hall Project: Idaho Custom Wood Products. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Q^'~IooQ, ~~(~ of Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at pubac meetings shad become property of the City of Meridian. • • .~ nl =- Document A101/CMa -1992 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the day of in the year of ADD17'IONS AND DELETIONS• (In words, indicate day, month and year) The author of this document has BETWEEN the Owner added information needed for its . completion. The author may also (Name and address) have revised the text of the original AIA standard form. An Adddions and CITY OF MERIDIAN Deletions R sport that notes added 33 East Idaho Avenue intormation as well as revisions to Meridian, Idaho 83642-2300 the standard form text is available and the Contractor. from the author and should be (Name acrd address) reviewed. A vertical line in the left margin of this document indicates Idaho Custom Wood Products where the author has added 11376 W. President Drive necessary information and where Boise, Idaho 83713 the author has added to or deleted from the original AIA text. For the following Project: This document has important legal (Inclcuie detailed description of Project, location, address and scope.) consequences. Consultation with an attorney is encouraged with respect New Meridian City Hall to its completion or modification. 33 East Broadway Avenue Meridian, Idaho 83642 The 1992 Edition of AIA Document A201/CMa,General Conditions of An approximately 100,000 square foot, multi-story city hall office building with a the Contract for Construction, I basement Construction Manager-Adviser . Edition, is adopted in this document The Construction Manager is: by reference. Do not use with other (Name and address) general conditions unless this document is modified. PETRAINCORPORATED 1097 N. Rosario Street Meridian, Idaho 83646 The Architect is: (Name and address) LCA ARCHITECTS, P.A. 1221 Shoreline Lane Boise, Idaho 83702 The Owner and Contractor agree as set forth below. Init: AIA Document A101/CO~ie -1992. Copyright m 1892 by The American Institute of An:hftects. Ali rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and Intemetiorrel Treacles. Unauthorized reproduction or distribution of this AIA® Document, or any portlon of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 089:50 on 08/15/2007 under Order No.1000295111_i which expires on 4/4/2008, and is not for resale. User Notes: (3699095451) • i (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or mod cations, and also regarding requirements such as written disclosures or waivers.) § 7.3 Temporary facilities and services: (Here insert temporary facilities and services which are different from or in addition to those included elsewhere in the Contract Documents.) § 7.4 Other Provisions: (Here list any special provisions a, f,~ecting the Contract.) ARTICLE 8 TERMINATION OR SUSPENSION § 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. § 8.2 The Work maybe suspended by the Owner as provided in Article 14 of the General Conditions. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract D~uments, except for Modifications issued after execution of this Agreement, aze enumerated as follows: § 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AIA Document A101/CMa, 1992 Construction Manager-Adviser Edition. § 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A201/CMa, 1992 Construction Manager-Adviser Edition. § 9.1.3 The Supplementary and other Conditions of the Contract aze those contained in the Project Manual dated , and are as follows: Document Title Pages Volume 2 Phase III Bidding/General 218 Conditions § 9.1.4 The Specifications are those contained in the Project Manual dated as in Section 9.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attacled to this Agreement.) Title of Specifications exhibit: Volume I - Technical Specifications 904 pages (Table deleted) § 9.1.5 The Drawings aze as follows, and are dated unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: ARCIiITECTURAL O.OT Cover Sheet AO.OT Life Safety Plan-SiteBasement Floor AO.1T Life Safety Plan- First Floor AO.ZT Life Safety Plan- Second Floor A0.3T Life Safety Plan- Third Floor A0.4T Life Safety Plan- Penthouse AO.ST U.L Assemblies Init "'""' " "'° """"'~-- ""~ `iOpyr'811 ~ ~aaz oy ~ rte American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 089:50 on 08/15J2007 under Order No.1000285111_1 which expires on414/2008, and is rrot for resale. User Notes: (3688095451) E2.11 S First Floor Special Systems Plan-Area 1 E2.12F First Floor Fire Alarm Plan-Area 2 E2.12L First Floor Fire Alarm Plan-Area 1 E2.12L First Floor Lighting Plan-Area 2 E2.12M First Floor Mechanical Power Plan-Area 2 E2.12P First Floor Power Plan-Area 2 E2.12S First Floor Special Systems Plan-Area 2 E2.21 F Second Floor Fire Alarm Plan-Area 1 E2.21L Second Floor Lighting Plan-Area 1 E2.21M Second Floor Mechanical Power Plan-Area 1 E2.21P Second Floor Power Plan-Area 1 E2.21S Second Floor Special Systems Plan-Area 1 E2.22F Second Floor Fire Alarm Plan-Area 2 E2.22L `Second Floor Lighting Plan-Area 2 E2.22M Second Floor Mechanical Power Plan-Area 2 E2.22P Second Floor Power Plan-Area 2 E2.22S Second Floor Special Systems Plan-Area 2 E2.31F Third Floor Fire Alarm Plan-Area 1 E2.31L Third Floor Lighting Plan-Area 1 E2.31M Third Floor Mechanical Power Plan-Area 1 E2.31P Third Floor Power Plan-Area 1 E2.31S Third Floor Special Systems Plan-Area 1 E2.32F Third Floor Fire Alarm Plan-Area 2 E2.32L Third Floor Lighting Plan-Area 2 E2.32M Third Floor Mechanical Power Plan-Area 2 E2.32P Third Floor Power Plan-Area 2 E2.32S Third Floor Special Systems Plan-Area 2 E2.40 Overall-Roof Electrical Plan E2.50 Penthouse Electrical Plans E3.00 Electrical Schedules 83.01 Electrical Schedules E3.02 Electrical Schedules E3.03 Electrical Schedules E3.04 Electrical Schedules E3.05 Electrical Schedules E4.00 Electrical Details E4.01 Electrical Details E5.00 One Line Diagram E5.01 Lighting Compliance Certificate § 9.1.6 The Addenda, if any, are as follows: Number Date Pages Addendum A 6-18-07 1 Addendum B 7-2-07 182 Addendum C 7-9-07 4 Addendum D 7-16-07 42 • Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Other documents, if any, forming part of the Contract Documents aze as follows: (List here any additional documents which are intended to form part of the Contract Documents. The General Conditions provide that bidding requirements such as advertisement or invitation to bic~ Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) 1nI~ AIA Document A101/C[NaTM -1992. Copyright D 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Lew and IMemational Trestles. Unauthorized reproduction or d(stributlon of this AIA® Document, or any pordon of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced 9 / by AIA software at 08:39:50 on 08/15!2007 under Order No.1000295111 1 which expires on 4/4/2008, and is not for resale. User Notes: - (3699095451) • 13.5.2, 4.6.16, 4.7.6, 14.2.2, 14.2.4 9.4.3, 9.5.1, Architect's Inspections 4.6.5, 4.6.16, 9.8.2, 9.9.2, 4.7.6, 9.4.3, 9.10.1, 13.5 9.8.2, 9.9.2, Asbestos 10.1.2, 9.10.1, 13.5 10.1.3,.10.1.4 Architect's Instructions 4.6.10, Attorneys' Fees 3.18.1, 4.6.12, 7.4.1, 9.10.2, 10.1.4 9.4.3, 12.1, Award of Separate 6.1.1 13.5.2 Contracts Architect's Interpretations 4.6.18, Award of Subcontracts 5.2 4.6.19, 4.7.7 and Other Contracts for Architect's On-Site 4.6.5, 4.6.9, Portions of the Work Observations 4.7.6, 9.4.3, Basic Definitions 1.1 9.5.1, 9.10.1, Bidding Requirements 1.1.1, 1.1.7, 13.5 5.2.1, 11.4.1 Architect's Project 4.6.17 Bo~7er and Machinery 113.2 Representative Insurance Architect's Relationship 1.1.2, 3.2.1, Bonds, Lien 9.10.2 with Contractor 3.2.2, 3.3.3, Bonds, Perfomtance and 7.3.6.4, 3.5.1, 3.7.3, Payment 9.10.3, 3.11, 3.12.8, 11.3.9, 11.4 3.12.11, 3.16, Building Pemtit 2.2.3, 3.7.1 3.18, 4.6.6, Capitalization 1.4 4.6.7, 4.6.10, Certificate of Substantial 9.8.2 4.6.12, Completion 4.6.19, 5.2, Certificates for Payment 4.6.8, 4.6.9, 6.2.2, 7.3.4, 9.3.3, 9.4, 9.8.2, 10.1.2, 9.5, 9.6.1, 10.1.4, 9.6.6, 9.7.1, 10.1.5, 9.8.3, 9.10.1, 11.3.7, 12.1, 9.10.3, 13.7, 13.5 14.1.1.3, Architect's Relationship 1.1.2, 2.4.1, 14.2.4 with Construction Manager 3.12.6, Certificates of Inspection, 3.12.11, 3.12.8, 4.6.8, Testing or Approval 13.5.4 4.6.10, Certificates of Insurance 9.3.2, 9.10.2, 4.6.14, 11.1.3 4.6.16, Change Orders 1.1.1, 2.4.1, 4.6.18, 6.3.1, 3.8.2.4, 9.7.1, 9.8, 3.11.1, 9.9.1,9.9.2, 4.6.13, 4.7.3, 9.10.1, 5.2.3, 7.1, 9.10.2, 7.2, 7.3.2, 9.10.3, 8.3.1, 9.3.1.1, 12.2.4, 9.10.3, 13.5.1, 11.3.1.2, 13.5.2, 11.3.4, 13.5.4, 14.2.4 11.3.9, 12.1.2 Architect's Relationship 1.1.2, 4.6.6, Change Orders, Definition 7.2.1 with Subcontractors 4.6.7, 4.6.10, of 5.3.1, Changes 7.1 9.6.3,9.6.4, CHANGES IN THE 3.11, 4.6.13, 11.3.7 WORK 4.6.14, 7, Architect's Representations 9.4.3, 9.5.1, 8.3.1, 9.3.1.1, 9.10.1 10.1.3 Architect's Site Visits 4.6.5, 4.6.9, Claim, Definition of 4.7.1 Init. AIA Document A201/CfiaT~ -1992. Copyright ©1992 by The American Institute of Archftects. Atl rights reserved. WARNING: This AIA® Document is protected by US. Copyright Law and h-temationai Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, .3 may result in severe civil end criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 13:48:58 on 04/27/2007 under Order No.1000295111_t which expires on 414/2008, end is not for resale. User Notes: (34924044) 9.10.3, 9.5.1.6, 9.7 10.1.2, 11.4.2 Date of Commencement of 8.1.2 Contractor's 3.9, 10.2.6 the Work, Definition of Superintendent Date of Substantial 8.1.3 Contractor's Supervision 1.2.4, 3.3, Completion, Definition of and Construction 3.4, 4.6.6, Day, Definition of 8.1.4 Procedures 8.2.2, 8.2.3, Decisions of the Architect 4.6, 4.7, 6.3, 10 8.1.3, 8.3.1, Contractual Liability 11.1.1.7, 9.2, 9.4, Insurance 11.2.1, 9.5.1, 9.8.2, 11.3.1.5 9.9.1, 10.1.2, Coordination and 1.2.2, 1.2.4, 13.5.2, Correlation 3.3.1, 3.10, 14.2.2, 14.2.4 3.12.7, 6.2.1 Decisions of the 4.3, 7.3.6, Copies Furnished of 1.3, 2.2.5, Construction Manager 7.3.7, 7.3.8, Drawings and 3.11 9.3.1, 9.4.1, Specifications 9.4.3, 9.5.1 Correction of Work 2.3, 2.4, Dedsions to Withhold 9S, 9.7, 3.2.1, 4.6.1, Certification 14.1.1.3 9.8.2, 9.9.1, Defective or 12.1.2, 12.2, Nonconforming Work, 13.7.1.3 Acceptance, Cost, Definition of 7.3.6 Rejection and Correction of 2.3, 2.4, Costs 2.4, 3.2.1, 3.5.1, 4.6.1, 3.7.4, 3.8.2, 4.6.10, 4.7.5, 3.15.2., 4.7.6, 9.5, 9.8.2, 4.7.7, 4.7.8.1, 9.9.1, 10.2.5, 5.2.3, 6.1.1, 12, 13.7.1.3 6.2.3, 6.3.1, Defective Work, Definition 3.5.1 7.3.3.3, 7.3.6, of 7.3.7, 9.7, Definitions 1.1, 2.1.1, 9.8.2, 9.10.2, 3.1, 3.5.1, 11.3.1.2,11.3. 3.12.1, 1.3, 11.3.4, 3.12.2, 11.3.9, 12.1, 3.12.3, 4.1.1, 12.2.1, 4.2.1, 4.7.1, 12.2.4, 5.1, 6.1.1, 12.2.5, 13.5, 7.2.1, 7.3.1, 14 7.3.6, 8.1, Cutting and Patching 3.14, 6.2.6 9.1, 9.8.1 Damage to Construction of Delays and Extensions of 4.7.1, 4.7.8.1, Owner or Other Tune 4.7.8.2, 6.1.1, Contractors 3.14.2, 6.2.4, 6.2.3, 7.2.1, 9.5.1.5, 7.3.1.3, 7.3.4, 10.2.1.2, 7.3.5, 7.3.8, 10.2.5, 10.3, 7.3.9, 8.1.1, 11.1, 11.3, 8.3, 10.3.1, 12.25 14.1.1.4 Damage to the Work 3.14.2, 9.9.1, Disputes 4.7, 4.8, 4.9, 10.2.1.2, 6.2.5, 6.3, 10.25, 10.3, 7.3.8, 9.3.1.2 11.3 Documents and Samples at 3.11 Damages, Claims for 3.18, 4.6.9, the Site 6.1.1, 6.2.5, Drawings, Definition of 1.1.5 8.3.2, 9.5.1.2, Drawings and 10.1.4 Specifications, Use and Damages for Delay 6.1.1, 8.3.3, Ownership of 1.1.1,1.3, Inlt AIA Document A201/CAAeTM - 7992. CopyrlgM D 1992 by The American Institute of Architects. All right reserv~l. WARNINQ: This AIA® Document la protected by U.S. Copyright Law and hrterrretional Treaties. Unauthorized reproduction or distrtbutlon of this AIA® Document, or any portion of it, 7 may result In severe civil and criminal penalties, and will ~ prosecuted to the maximum extent possible under the law. This document was produced J by AIA software at 13:48x8 an 04/27/2007 under Order No.1000295171 1 which expires ono/4/2008, and is not for resale. User Notes: (34924044) ~ ~ Owner's Financial Capability Owner's Liability Insurance Owner's Loss of Use Insurance Owner's Relationship with Subcontractors Owner's Right to Carry Oat the Work Owner's Right to Clean Up Owner's Right to Perform Construction with Own Forces and to Award Other Contracts Owner's Right to Stop the Work Owner's Right to Suspend the Work Owner's Right to Terminate the Contract Ownership and Use of Architect's Drawings, Specifications and Other Documents Partial Occupancy or Use Patching, Cutting and Patents, Royalties and Payment, Applications for Payment, Certificates for Payment, Failare of Payment, Final 9.3.1, 9.3.2, 11.4.1, Payment Bond, 12.2.4, Performance Bond and 13.5.2, 14.2, 14.3.1 Payments, Progress 2.2.1, 14.1.1.5 11.2 PAYMENTS AND 11.3.3 COMPLETION Payments to 1.1.2, 5.2.1, Subcontractors 5.4.1, 9.6.4 2.4, 12.2.4, 14.2.2.2 PCB 6.3 Performance Bond and 6.1 Payment Bond Permits, Fees and Notices 2.3, 4.7.7 PERSONS AND 14.3 PROPERTY, PROTECTION OF 14.2 Polychlorinated Biphenyl 1.1.1, 1.3, 2.2.5, 5.3 9.6.6, 9.9, 11.3.11 3.14, 6.2.6 3.17 4.6.9, 9.2, 93, 9.4, 9.5.1, 9.8.3, 9.10.1, 9.10.3, 9.10.4, 14.2.4 4.6.9, 4.6.16, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7.1, 9.8.3, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 4.7.7, 9.5.1.3, 9.7, 9.10.2, 14.1.1.3, 14.2.1.2 4.6.1, 4.6.16, 4.7.2, 4.7.5, 9.10, 11.1.2., 11.1.3, Product Data, Definition of Product Data and Samples, Shop Drawings Progress and Completion Progress Payments Project, Definition of the Project Manaal, Definition of the Project Manuals Project Representatives Property Insurance PROTECTION OF PERSONS AND PROPERTY Regulations and Laws Rejection of Work Releases of Waivers and Liens 11.3.5, 12.3.1 7.3.6.4, 9.10.3, 11.3.9,11.4 4.7.4, 9.3, 9.6, 9.8.3, 9.10.3, 13.6, 14.2.3 9,14 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 11.3.8, 14.2.1.2 10.1.2, 10.1.3, 10.1.4 7.3.6.4, 9.10.3, 11.3.9, 11.4 2.2.3, 3.7, 3.13, 7.3.6.4, 10.2.2 10 10.1.2, 10.1.3, 10.1.4 3.12.2 3.11, 3.12, 4.2.7 4.6.5, 4.7.4, 8.2 4.7.4, 9.3, 9.6, 9.8.3, 9.10.3, 13.6, 14.2.3 1.1.4 1.1.7 2.2.5 4.6.17 10.2.5,11.3 10 1.3, 3.6, 3.7, 3.13, 4.1.1, 4.9.7, 10.2.2, 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14 3.5.1, 4.6.10, 12.2. 9.10.2 ~41t. AIA Document A201/CAlIsTM -1992 Copyright ©1992 by The American Instltute of Architec>s. Ail rights reserved. wARNINl3: This AIA® Document is protected by U.S. Copyright Law and Intemadonal Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portlon of ft, 11 may result in severe civil and criminal penalties, and will ~ prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 13:48:58 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (34924044) • o ARTICLE 1 GENERAL PROVISIONS § 1.1 BASIC DEFINITIONS § 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of addenda relating to bidding requirements). § 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Architect and Contractor, (2) between the Construction Manager and Contractor, (3) between the Architect and Construction Manager, (4) between the Owner and a Subcontractor or Sub-subcontractor or (5) between any persons or entities other than the Owner and Contractor. The Construction Manager and Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of their duties. § 1.1.3 THE WORK The term "Work" means the construction and services required, implied, or reasonably inferable from the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. The Work includes providing such supplementary or miscellaneous items, appurtenances and devises to the extent required by, or reasonably inferable from, the Contract Documents (whether shown or not) incidental to or necessary for a sound, secure, complete and functional installation. Further, the Work includes all labor, materials, equipment and services necessary to complete its Work in accordance with all applicable laws, including building related code requirements. § 1.1.4 THE PROJECT The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by other Contractors and by the Owner's own forces including persons or entities under separate contracts not administered by the Construction Manager. § 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. § 1.1.8 THE SPECIFICATIONS The Specifications aze that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standazds and workmanship for the Work, and performance of related services. § 1.1.7 THE PROJECT MANUAL The Project Manual is the volume usually assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications. § 1.1.8 FURNISH Unless specifically limited in context, the word "furnish" and any derivatives thereof shall mean to deliver the specified items, materials or equipment (and all necessary appurtenances to the extent required by, or reasonably inferable from, the Contract Documents for a proper installation) to the Project site and store in a secure location. Init AIA Document A201/CAAaTM -1982. Copyright D 1992 by The Amerlc~n Institute of Architects. AIF right reservM. WARNINti: This AIA® Document is protected by U.S. Copyright Law and h~temational Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 15 may result in severe civil and cNminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA softwrare at 13:48:58 on 04/27/2007 under Order No.1000295111_i which expires on414/2008, artd is not for resale. Use Notes: (34924044) • 9 § 2Z5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals as aze reasonably necessary for execution of the Work. § 2.2.6 The Owner shall forward all communications to the Contractor through the Construction Manager and shall contemporaneously provide the same communications to the Architect. § 2.2.7 The foregoing are in addition to other duties and responsibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Other Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds). § 2.3 OWNER'S RIGHT TO STOP THE WORK § 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. § 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK § 2.4.1 )f the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within aseven-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of connecting such deficiencies, including compensation for the Construction Manager's and Architect's and their respective consultants' additional services and expenses made necessary by such default, neglect or failure. If payments then or thereafter due the Contractor aze not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR § 3.1 DEFINITION; REPRESENTATIONS AND WARRANTIES § 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout this Agreement as if singulaz in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. § 3.1.2 The plural term "Contractors" refers to persons or entities who perform construction under Conditions of the Contract that aze administered by the Construction Manager, and that are identical or substantially similaz to these Conditions. § 3.1.3 The Contractor makes the following express representations and warranties to the Owner, which shall survive the execution and delivery of the Agreement: .1 Contractor is fully qualified to act as a public works contractor for the Project and has, and shall maintain, any and all licenses, pemtits, or other authorizations necessary to perform the Work; .2 Contractor has become familiar with the Project site and the conditions under which the Project is to he constructed and operated; .3 Contractor has become familiar with all legal requirements applicable to the Work, including, not limited to, all applicable laws, statutes, ordinances and building codes; .4 Contractor has received, reviewed, compared, studied and carefully examined all of the Contract Documents and, except as reported, found them in all respects to be complete, accurate, adequate, consistent, coordinated and sufficient for the bidding and construction of the Work. Such review, comparison, study, and examination shall be a warranty that the Contract Documents are complete and the Project is buildable as described therein, except as reported to Construction Manager in writing; and .4 That the Contract Time is a reasonable period for performing the work. UIL AW Document A2ti1/CIIlta*a -1952. Copyright m 19.92 by The American Institute of Architects. All rights reserved WARNING: This AIA® Document Is protected by U.s. Copyright Law end Intematiorrel Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, 19 may result in severe civil and criminal penalties, and will im prosecuted to the maximum extent possible under the law. This documerrt w~ produced / by AIA software et 13:48:58 on 04/27/2007 under Order No.1000295t 11_1 which expires on 4/4/2008, and is not for resale. User Notes: (34924044) communications shall be similazly confirmed on written request in each case. The superintendent shall supervise and direct the Work and shall not physically participate in the actual performance, assemblage or installation of the Work except limited participation that is incidental to such superintendent's supervisory duties. §3.9.2 Prior to commencement of the Work, Contractor shall provide Owner with the name, contact information, qualifications, experience and role of the superintendent and its assistants. The Contractor shall not retain any superintendent or assistant to which Owner has a reasonable objection. Upon Owner's request, Contractor shall replace the superintendent or any assistants that become reasonably unsatisfactory to Owner. So long as such individuals named remain actively employed or retained by Contractor, they shall perform the roles indicated unless Owner agrees to the contrary in writing, If one or more individuals not listed above subsequently assumes one or more of those functions listed above, the provisions of this Section 3.9 shall bind the Contractor as though Contractor had properly designated such individuals. § 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULE § 3.10.1 The Contractor, promptly after being awazded the Contract, shall prepaze and submit for the Owner's and Architect's information and the Construction Manager's approval a Contractor's Construction Schedule for the Work Such schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project construction schedule to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. The Contractor shall promptly report any delays in the performance of the Work to the Construction Manager. § 3.10.2 The Contractor shall cooperate with the Construction Manager in scheduling and performing the Contractor's Work to avoid conflict, delay in or interference with the Work of other Contractors or the construction or operations of the Owner's own forces. § 3.10.3 The Contractor shall prepaze and keep current, for the Construction Manager's approval, a schedule of submittals which is coordinated with the Contractor's Construction Schedule and allows the Construction Manager reasonable time to review submittals. § 3.10.4 The Contractor shall conform to the most recent approved schedules. § 3.10.5 If the Work is not on schedule and the Construction Manager does not believe the Contractor's proposed action to bring the Work on schedule is adequate, then the progress of the Work shall be deemed unsatisfactory. In such event, in addition to its rights under Article 14, the Owner, at its discretion, may require the Contractor to work such additional time over regular hours, including Saturdays, Sundays and holidays, without additional cost to the Owner to bring the Work on schedule. § 3.10.6 Unless otherwise agreed by Owner, Contractor shall use the latest edition of "Primavera Project Planner", "Microsoft Project" or accepted equivalent CPM scheduling software to prepare and update the Construction Schedule. The Construction Schedule shall be provided to a level of detail acceptable to Construction Manager, and shall: .1 Use time-scaled logic diagrams based on an precedence concepts; .2 Be capable of providing various analysis of the schedule, including, but not limited to, listing of activities by code, predecessor, successor, trade and float; .3 Indicate an adequate number of scheduling activities to properly describe the nature and sequence by which Contractor intends to carry out the Work; (t) For activities that have not yet started, indicate the planned start and planned completion dates; (ll) For activities that have been started but not yet completed, the update of the schedule shall indicate the actual start date, percent complete, and forecast completion date; (iii) For activities that are completed, indicate the actual start dates and actual completion dates; and (iv) For activities which are behind schedule or have not started in accordance with the approved Construction Schedule, provide a narrative as to the reasons for behind schedule, the status Init. kiA Document A201/CIAaTM -1992. Copyright ©1992 by The American Institute of Architects. Ail rl protected by U.S. Copyright Law and International Treaties. Unauthorized roductlon or distrib roi t~hi ~A Dcaumen~or an ®Document Is may result In severe civil and criminal penalties, end will be prosecuted t the maximum extent possible under the law. This documerrtp~ ~u~c~ ~ / by AIA software at 13:4858 on 04/27/2007 under Order PIo.1000295111 1 which expires on 41412008, and is rtot for resale. User Notes: (34924044) § 3.19.2 The Contractor shall provide the information necessary for the Construction Manager to provide the Owner with three (3) complete copies in loose-leaf binders of all orating and maintenance data, all manuals, instructions and directions for all products, materials, machinery and equipment for the Project, and shall instruct the Owner regarding the operation of all systems, machinery and equipment. ARTICLE 4 ADMINISTRATION OF THE CONTRACT § 4.1 ARCHITECT § 4.1.1 The Architect is the person lawfully licensed to practice azchitecture or an entity lawfully practicing azchitecture identified as such in the Agreement and is referred to throughout the Contract Documents as if singulaz in number. The term "Architect" means the Architect or the Architect's authorized representative. §4.1.2 Owner has retained LCA Architects, P.A., an Idaho professional corporation ("Architect") to provide professional azchitectural services for the Project. Architect's authorized representative is: Steve Simmons LCA ARCHITECTS, P.A. 1221 Shoreline Lane Boise, Idaho 83702 Telephone: 208-345-6677 Facsimile: 208-344-9002 Email: ssimmonsl @lcarch.com In the event Owner should find it necessary or convenient to replace Architect, Owner shall retain a replacement azchitect who shall assume the role of Architect. Unless otherwise directed by Owner in writing, Architect will perform those duties and dischazge those responsibilities allocated to them in this Contract. § 4.2 CONSTRUCTION MANAGER § 4.2.1 The Construction Manager is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Construction Manager" means the Construction Manager or the Construction Manager's authorized representative. § 4.2.2 Owner has retained Petra Incorporated, an Idaho corporation ("Construcl3on Manager") to provide construction management services for the Project. Construction Manager's authorized representative is: PETRA INCORPORATED 1097 N. Rosario Street Meridian, Idaho 83646 Telephone: 208-323-4500 Facsimile: 208-323-4507 Mobile: 208-860-7507 Email: gbennett@petrainc.net §4.2.3 In the event Owner should find it necessary or convenient to replace Construction Manager, Owner shall retain a replacement construction manager who shall assume the role of Construction Manager. Unless otherwise directed by Owner in writing, Construction Manager will perform those duties and dischazge those responsibilities allocated to them in this Contract. § 4.3 [Deleted.] § 4A [Deleted.] § 4.5 Disputes arising under Sections 4.3 and 4.4 shall be subject to mediation pursuant to Section 4.9 below. § 4.6 ADMINISTRATION OF THE CONTRACT § 4.6.1 The Construction Manager and Architect will provide administration of the Contract as described in the Contract Documents, and will be the Owner's representatives (1) during construction, (2) until final payment is due ~~ AIA Document A201/C1~eTM -1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNINt3: This AlA® Document is protected by US. Copyright Law and Internetior~al Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 27 may result fn severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document wee produced ~ by~AlA eat 13:48:58 on OM27/2~7 under Order IVo.1000295111_t which expires on 4/M2008, and is not for resale. (34924044) order to mitigate the alleged or potential damages, delay, or other adverse consequences that may arise from the facts underlying the Claim. § 4.7.4 Continuing Contract Performance. Pending final resolution of a Claim including mediation, unless otherwise agreed in writing the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. § 4.7.5 Waiver of Claims: Final Payment. The making of final payment shall not constitute a waiver of Claims by the (Paragraphs deleted) Owner. § 4.7.6 Claims for Concealed or Unknown Conditions. The Contractor acknowledges that it has had a reasonable opportunity to conduct a careful inspection of the Project site. If conditions aze encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or reasonably ascertainable from a cazeful inspection of the Project site, or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the chazacter provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions aze disturbed and in no event later than 21 days after first observance of the conditions. The Construction Manager will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. ff the Construction Manager determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Construction Manager shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within 21 days after the Construction Manager has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Construction Manager for initial determination, subject to further proceedings pursuant to Section 4.8. § 4.7.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.3. If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a written order for a minor change in the Work issued by the Architect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with the procedure established herein. § 4.7.8 Claims for Additional Time. § 4.7.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary. § 4.7.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. § 4.7.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for additional cost or time related to this Claim is to be asserted, it shall be filed as provided in Sections 4.7.7 or 4.7.8. Init. A~ DocumeM A20t/CNtaT~+-1992 Copyrght ©1992 by The American Iruttldrte of Arch(tects. All rlglus reserved, WARNING: This AIA® Document is protected by U.S. Copyright Law and Internadonel Treaties. Urreuthorized reproduction or distributlan of this AIA® Document, or any portlon of It, 31 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documerrt was produced / by AIA software at 13:4a:56 on 04f27J2007 under Order No.1000295111_1 which expires on 4/4!2008, and is not for resets. User Notes: (~~) § 6.1.3 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in this Article 6 and in Articles 3, 10, 11 and 12. § 6.1.4 The Contractor acknowledges that its Work is only a portion of the Project and that Owner has retained other prime contractors, under substantially similaz Conditions of the Contract and under the administration of the Construction Manager and Architect, to perform the other portions of the Project. The Contractor further acknowledges that the Owner, Construction Manager, Architect and Owner's other prime contractors expect, and are relying upon, the Contractor to timely and properly perform its obligations under the Contract. The Contractor understands and agrees that such other prime contractor's shall be an express third-party beneficiary of this Section 6.1.4 and, therefore, the Contractor will be responsible to Owner's other prime contractors for any damages they may incur that result from the Contractor's failure to timely and properly perform its obligations under this Contract. Further, Contractor understands that is it the beneficiary of substantially equivalent provisions in the Owner's contracts with its other prime contractors. Accordingly, if Contractor is delayed or damaged by the acts or omissions of another prime contractor of Owner, the Contractor shall look exclusively to such other prime contractor for the recovery of any damages that the Contractor may incur therefrom. The Contractor expressly acknowledges and agrees that Owner's other prime contractors are independent of the Owner, and that Owner shall not be liable for any acts or omissions of such other prime contractors. 6.2 MUTUAL RESPONSIBILITY § 6.2.1 The Contractor shall afford the Owner's own forces, Construction Manager and other contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. § 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner's own forces or other contractors, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Construction Manager and Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's own forces or other Contractors' completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. § 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsible therefor. § 6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to completed construction or partially completed construction or to property of the Owner or other Contractors as provided in Section 10.2.5. § 6.2.5 Claims and other disputes and matters in question between the Contractor and other contractors shall be subject to the provisions of Sections 4.7 and 6.1.4 above, provided the other contractors have reciprocal obligations. § 6.2.6 The Owner and other Contractors shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. § 6.3 OWNER'S RIGHT TO CLEANUP §.6.3.1 If a dispute arises among the Contractor, other Contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding azea free from waste materials and rubbish as described in Section 3.15, the Owner may clean up and allocate the cost among those responsible as the Construction Manager, in consultation with the Architect, determines to be just. Init. AIA Document A~1/CAAaTe+-1992. Copyr(gM ©1992 by The American Institute of Ardiitecfs. AU rights reserved. WARNWO: This AIA® Document is protected by U.S. Copyrigirt Law and Intemadonal Treaties. Unauthorized reproduction or distributlon of this AIA® Document, or any portion of It, may result in ~vere civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Thy document was produced ~ / by AIA software at 13:48:58 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for rule. User Notes: (34924044) days or longer, or five (5) days or longer in any calendar month, shall be applied against the float or warrant an extension of time. § 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Section 4.7. § 8.3.3 Except as expressly set forth in Section 8.3.4, the Contractor agrees to make no claim for damages for delay in the performance of this contract occasioned by any actor omission to act of Owner, its Architect, its Construction Manager, its agents or employees or any other contractor, and agrees that any such claim shall be fully compensated for by an extension of time to complete performance of the Work. § 8.3.4 Notwithstanding anything to the contrary set forth in Section 4.7.7 above or elsewhere in this Contract, the Contractor shall not be entitled to recover damages for delays, except for delays caused by Owner or for anyone whose acts the Owner may be liable. As a condition precedent to recovering additional compensation for any delays attributable to the Owner or anyone for whose acts the Owner may be liable or for delays identified in Section 8.3.1 above in excess of the float days set forth therein, the Contractor shall provide the Owner with written notice identifying the nature of the delay(s) and the Owner's responsibility therefor, and provide the Owner with a reasonable period to cure such cause(s). If the Owner fails to cure the cause of the delay(s), the Contractor may be entitled to make a claim for additional compensation for costs of the Work incurred as a direct result of such delay(s) if such delays were the result of a Construction Change Directive. The Contractor acknowledges and agrees that its sole remedy for such delays is additional compensation pursuant to this Section 8.3.4. The Contractor shall not be entitled to recover damages, lost profits or lost business opportunities from the Owner. ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 CONTRACT SUM § 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. § 9.2 SCHEDULE OF VALUES § 9.2.1 Within ten (10) days of commencement of this Contract, the Contractor shall submit to the Construction Manager, a schedule of values allocated to various portions of the Work, prepazed in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. The Contractor shall not imbalance its Schedule of Values nor artificially inflate any element thereof. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 9.3 APPLICATIONS FOR PAYMENT § 9.3.1 On or before the date set forth in Section 5.3 of the Agreement for each progress payment, the Contractor shall submit to the Construction Manager an itemized Application for Payment for Work completed in accordance with the schedule of values. Such application shall be on AIA Form G702, be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner, Construction Manager or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents. The Contractor shall submit four (4) originals of each Application for Payment. § 9.3.1.1 Such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives but not yet included in Change Orders. § 9.3.1.2 Such applications may not include requests for payment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equiprt~nt delivered and suitably stored at the site for subsequent incorporation in the Work. ff approved in advance by the Owner, payment may similazly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. Off site storage locations shall not Init. AIA Document A201/Ct~TY -1992. Copyright D 1992 by The American Instlfiite of Architects. MI rights reserved. WARNlN©: This AIA® Document Is protected by U.S. Copyright l.aw and Intemadonal Treaties. Unauthorized reproduction or distribution of this AIA® Document, or eny portion of it, ~ may result in ~vere civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This dacument was produced / by AIA software at 13:4858 on 04/27/2007 under Order No.1000295111_i which expires on 4/4/2008, and is not for resale. Use Notes: (34924044) § 9.9Z Immediately prior to such partial occupancy or use, the Owner, Construction Manager, Contractor and Architect shall jointly inspect the azea to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. § 9.10 FINAL COMPLETION AND FINAL PAYMENT § 9.10.1 Upon completion of the Work, the Contractor shall forwazd to the Construction Manager a written notice that the Work is ready for final inspection and acceptance and shall also forwazd to the Construction Manager a final Contractor's Application for Payment. Upon receipt, the Construction Manager will forwazd the notice and Application to the Architect who will promptly make such inspection. When the Architect, based on the recommendation of the Construction Manager, finds the Work acceptable under the Contract Documents and the Contract fully performed, the Construction Manager and Architect will promptly issue a final Certificate for Payment staring that to the best of their knowledge, information and belief, and on the basis of their observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in said final Certificate is due and payable. The Construction Manager's and Architect's final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect through the Construction Manager (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or other wise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to famish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in dischazging such lien, including all costs and reasonable attorneys' fees. § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Construction Manager and Architect so confirm, the Owner shall, upon application by the Contractor and certification by the Construction Manager and Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or convected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect through the Construction Manager prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. The making of final payment shall constitute a waiver of Claims by the Owner as provided in Section 4.4.5. § 9.10.4 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. Such waivers shall be in addition to the waiver described in Section 4.7.5. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 SAFETY PRECAUTIONS AND PROGRAMS § 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract Contractor hereby certifies that it has an established safety policy as required by the Occupational, Safety and Health Adttlinistration (OSHA), which requires regulaz safety meetings. The Contractor agrees to conduct weekly safety meetings regazding its Work under this agreement t~ AIA Dowment A201/CtillsTa -1892. Copyright ©1992 by The American institute of Architects. All right reserved. WARNINt3: This AIA® Document is protected by US. Copyright Law end intemadonel Trestles. Unauthorized reproduction or disMbudon of this AIA® Document, or any portlon of it, may result in ~vere civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced ~ / bu~A Notes. eat 13:48:58 on 04/27/2007 under Order No.1 0002951 1 1_1 which exphes on 4/4/2008, and is not for resale. (34924044) • . 30-Day Notice Clause -Unacceptable Language. Should any of the alcove-described polices be canceled, materially changed or non-renewed before the expiration date thereof, the issuing company will endeavor to mai130 days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability on any kind upon the company. § 11.1.4 Required Clauses. Breach of Warranty Clause. As to the interest of any additional insured, the insurance afforded by the policy shall be invalidated by any breach or violation by the named insured of any warranties, declarations or conditions. Notwithstanding the foregoing, the additional insureds shall be subject to all terms and conditions in the policy and nothing contained herein shall prevent exhaustion of the limits of liability by payment on behalf of any insured. .2 Separation of Insured (Cross Liability) Clause. Except with respect to the permissible limits of insurance, and any rights or duties specifically assigned in this coverage part to the first named insured, this insurance applies (i) as if each named insured were the only named insured, and (ii) separately to each insured against whom claim is made or lawsuit is brought. § 11.1.5 The Contractor shall require all Subcontractors and Sub-subcontractors of any tier to provide (i) Commercial General Liability Insurance (with not less than $1,000,000 coverage for personal injury and property damage); (ii) Worker's Compensation/Employer's Liability Insurance (not less than $500,000 coverage), and (iii) Business Automobile Liability Insurance (not less than $1,000,000 coverage) substantially as set forth in Section 11.1. The Contractor shall provide certificates of insurance evidencing such coverages prior to allowing such Subcontractors and Sub-subcontractors to commence of Work. § 11.2 OWNER'S LIABILITY INSURANCE § 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. Optionally, the Owner may purchase and maintain other insurance for self-protection against claims which may arise from operations under the Contract. The Contractor shall not be responsible for purchasing and maintaining this optional Owner's liability insurance unless specifically required by the Contract Documents. § 11.3 PROPERTY INSURANCE § 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance in the amount of the initial Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Section 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 11.3 to be covered, whichever is earlier. The Owner's insurance program is intended to cover the interests of the Owner and does not cover the interests of the Contractor, Subcontractors and Sub-subcontractors in the Work or material suppliers or others associated with the Project. § 11.3.1.1 Property insurance shall be on an "all-risk" policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, falsework, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements. Coverage for other perils shall not be required unless otherwise provided in the Contract Documents. § 11.3.1.2 The Contractor shall maintain insurance as deemed necessary by the Contractor to protect its interests and the interests of its Subcontractors and their Sub-subcontractors in the Work, including property, materials, equipment, and tools. Materials incorporated into the Work and materials suitably stored at the Project site will be considered covered by the Owner's insurance program at 12:00 noon on the date Owner issues payment therefore. § 11.3.1.3 If the property insurance requires minimum deductibles and such deductibles are identified in the Contract Documents, the Contractor shall pay costs not covered because of such deductibles. If the Owner or insurer increases the required minimum deductibles above the amounts so identified or if the Owner elects to purchase this Init. AU1 Document A201/Clla*s -1992. Copyright D 1992 by The American Institute of Archkecis. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law end Intematlonal Treaties. Ururuthorized reproduction or dtstribution of this A!A® Document, or any portlon of k, 47 may result in severe civil and criminal penaltles,'and will be prosecuted to the maximum extent possible under the law. This document waa produced / by AIA software at 13:49:58 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (34924044) • o § 13.2.2 Contractor shall not assign all or part of the monies due or to become due hereunder without written consent of the Owner and the Contractor's surety. The Contractor's request for the Owner's consent shall include a copy of the proposed assignment and the surety's consent. Any instrument of assignment shall expressly subordinate all rights of the assignees thereunder to (i) all rights of the Owner under this Contract, (ii) payment of all subcontractors and lalmrers for Work performed, (iii) payment of all materials and equipment furnished, consumed, used or rented in performance of the Work, and (iv) payments of any amounts due to any governmental authority with jurisdiction over the Project or Contractor for Work performed, including, but not limited to, sales, use, income or employment taxes. § 13.3 WRITTEN NOTICE § 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. § 13.4 RIGHTS AND REMEDIES § 13.4.1 Dories and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. § 13.4.2 No acrion or failure to act by the Owner, Construction Manager, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. § 13.5 TESTS AND INSPECTIONS § 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Construction Manager and Architect timely notice of when and where tests and inspections are to be made so the Construction Manager and Architect may observe such procedures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. § 13.5.2 If the Construction Manager, Architect, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 13.5.1, the Construction Manager and Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Construction Manager and Architect of when and where tests and inspections are to be made so the Construction Manager and Architect may observe such procedures. The Owner shall bear such costs except as provided in Section 13.5.3. § 13.5.3 If such procedures for testing, inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, the Contractor shall bear all costs made necessary by such failure including those of repeated procedures and compensation for the Construction Manager's and Architect's services and expenses. § 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Construction Manager for transmittal to the Architect. § 13.5.5 If the Construction Manager or Architect is to observe tests, inspections or approvals required by the Contract Documents, the Construction Manager or Architect will do so promptly and, where practicable, at the normal place of testing. § 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. InN. AIA Document A201/CAAa*a -1992. Copyright ©1992 by The American Institute of Architect. All Hghts reserved. WARNING: This AIA® Document is protected by US. Copyright Law and lnternatiotuil Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portlon of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document wras produced 51 / by AIA software at 13:48:58 on 04/27/2007 under Order No.1000295111 1 which expires on 4/M2008, and is rrot for rule. Usar Notes: (34924044) u November 2, 2007 MERIDIAN CITY COUNCIL MEETING November 7, 2007 APPLICANT Ronald Van Auker ITEM NO. S-Q REQUEST Sanitary Sewer and Water Main Easement Agreement for Cope Subdivision AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cily of Meridian. • • ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ; BOISE IOAH011129I01 01:39 PM RECORDEDa REQUEST OF ~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~ ~~~ City of fVleridian i Et71 ~Er~~9 SANITAIIY ~EWEI2 AND WATER MAIN EASEIVIIEiNT THIS INDENTC~ItE, made this ~ day ut ~~, ?~1 hetti~een isiJ1 L~-!~ ~D~NI~~Y° the parties of tl~ first part, .and hereinailer called. the Grantars~ and the City of I19eridian, Ada C`aunty, [daho, the party of the second part, and hereinafter ¢alleel the Grantee; 'idVITNESSETH: 1WHItiti~EAS, the. +Grantors d+~sire to provide a sanitary sewer and water mean righ#-ref-way. across the premises and prctperty'htreinaffierparticularly huundctl and desc=n`bed; .and VVI IEREA~, the sanitary -sewer and water is tc- be provided far thrauph underground pipelines to be cc~tistructed by others, and WI-I~ItLAS, it will. be necary to maintaaii and service said pipelines from time to time by the Grantee; Nt.~W~ THEREFUR~, an ctansideratinn t~f the benefits tc~ be received by thL Gr~wtars; and otl~r gaud and valuable cxyn~eratctn, the. Grantors do hereby rive, giant and convey unto the Grantee the right-~Fway fir an ehse~ent -for the operation and maintunancc crf sart~t;~ary sinwer and water mains over atad across-the fallowing des~~bed property: SEE ATTACHED EXHI131T~ A ar-d 13) The easement hereby granted- is kc~r the parpose of construction and c~peratian of sanitary severer and water itZains and theca- allied facilities, together with their maintenance, repair and. replamc:'nt at the ccanvonien cif the Grantee, bvith the i°ree right ofaccess t® such fia~~lties at any and-all times. TCI HAVE AND TO lit3L.D, the said easement and right-al=tivay unto the said (grantee, it"s succ;ess~rs and assigns tcirever: 1T 1S E~PRESSL,Y LTNL)EI~STt~GI? AMID AGR_E>yD, by arul between the partaes heretta, that after making repairs or performing other maintenance, Grantee shall rtYstore flee area of the easement and adja~tt property f0 the! existent prior to undertaking such repairs anit maintenance. i~owever~ Grantee shallnot be responsible far repairu~, replacing or restaring anything placed witiun the area desu~t°ibed in-this easement that was placed there in vaalatian of this: caseanent. sanitary Seer and Water 149ain Easen~nt ~~ • THE GRANTORS hereby ~xavenant and.agree that they will neat place ar allaw to be placed ally permanent structures, trees,. brush, car peretttaal shrubs ar flowers within the area desc~ibsPci fear this easement, which would interfere -with the use. of said easement, fir the purposes stated herein. THE GRAT~TORS hereby u'venant and agree with the Grantee That should and part of the right-caf=way and east:mcnt hereby granted shall became part o~ or die within the baundaries of any public street, then, to such extent, such right-caf-way attcl casement hereby granted which Iii within such boundary thereafor which is a part thereof, shall cease and became null and void and ofno further effect and ,shaIl'be ccmpletelyreTinquishcd. THE GRANTORS do hereby ~-cxvennrtt u+ith the Cirantce that they are lawfully seised and passessed caf the afarementicaned ancT descried Erect cifland~ and that they have a gcaod and Iawful right tea convey said easement, anti that they will6vac~at and fcarever defend the title and quiet p+~ssessiian therecafagainst the lawt'ii1 elaiiras ut'all persans ~vharnsaever. IN WI'T'NESS WIIIrREt?F, the said parties caftJ~ t pert have hereunto subsc;rtbed their signatures t~ day and yc,ar fit~t taer~rein above wr~tcn. W. V1~N AUttER STATE OF IDAH® ) ss County c~fAda ; 4n this ~~ day caf ~~ , 2(l®~ before me, the undarsignul, a Notary Public in and ftar said State, }aersonally appeared ROTdALD W. SAN Ai~I~ER s known car identified to ma to be the pei~an whQSe name is subscribed tea the wwithin instrutnentT and acknowledged to me that he executed the i;arrt~., IN WITNESS WHE REOF; I have hereunto set my hand and.. affuced my offieiaT seal the day anal vear_fititF+:written. ~~~~'" D. ~~pv~~ ~ ~t~A~ ~oTA~'r oT ~v PiJT3L:lG I=c~R pUBL~~ ,~ Commission Expir . ,•~~~r~ T~ O>^ 1~~~~~ Sanitary Sewer anct Dater R9ain Ea~rttant cA~I~i`r,S& W Me~iN.deu C'rRANTEE, CITI' OF MER}DIAN ~~ e 'Tammy d~ ~ d Mayctr ~`\,.~`~~`~°~ ~ ~'~~A''A~~~R ~ ~. -% ~o _.......~. it'd Att+~t by Wd}iam (.i. Ber , C'i C'}erk ~. ~ ~.-_ s~' 4 Apprrrved By ICity Cptanci} C?n: `'~~\"~°'.~ ,t~-t e ee i /00/%!!!lllltllltt111 i ~A~.E O.F 1DA~.Ox SS. Caunty (~~ Ada r~ ()n h.~~~h day ~a#' IV~/~1~T _ , 2D0~ b~fare me, the ~ler~agne~i~ a N~t~xy Public in and iar said State., persona}ly appeared TAMMY DE 1~EERD ant} ~iLLfiAM G. BERG, JR., }tnc~~jn tta me fifl be the Mayer and City C}erk, respective}y, cafthe Cit~+ of ~c~idian~ tdbht~, sand. Who executed the within instrument, and acknow}ed~~i to me that the Chyafl~Ieridian exeouted the assns. VIdiT}VESS WHEREOF. }have hereunto set my hand and aim my ot}'icia] s~,a}'the day asx} .year first agave ws-itten. .~~`.~~sre•®o ' ®T ~ ,y~;.`t~',~; (SEAL:} ~ ~ • NOTARY PUBLIC' i+t?R IDA}-iC) ~ a Commission Eacpires: 1 p -~ (- ~ ) • ` / ~ •~+1 ~~ ~ • • i ~ ~ s• ~__ ~~i,•o ~i ~~ ~ ~p,~io• •,nF @ Sanitary Se~~rer errd Water Main Eaunrent ' Et~SMT.~'zW h1AtN.dc+e P.N. 2274 ~~TE ~~n~ sunr+eyir~g, lac 2~11.~ ~iara~~ Rirrr ~~, Sutte2~C? f~ise, €1? €3~'7L't~ 2t~8.~'47.~83t~ ~ele. 2Q~.9~d .38251 Fix C>ctober 23, 2Qti7 E~'I~IB1T uA" 1'VATER EASEMENT DESCRIPTION COPE PR©FER7`Y A 2f3 faot wide ship ref tend being a portion of the Southwest t /4 cif die Southwest 1 d4 (Gaycrnment I:.ai 4~ of lion I $, 'T.;iP,i., R.1 ~ , R.M., Ada C',ounty, tdahc~, and being more particularly d~crit as foticaws: Commencing at the Souihwest corner of said Section l S, Chance N 39n43'32""~ along ths; South boundary af,said Sec:tican l $ fc~r a distances of 632.3 feet, from which the West l~tb corner of said Section 13 gars N g9~43'32" E, 484.31 feeto them l~tving said Soudt boundary N fit)~l 6'23" W far a distance of 45.t?t? fcxt to P lacaint an iltd Nc~rihright-eaf-way lin+~ cif E. +C~uet•land Rd.; tltettce N 39~3fi' 14°' I% far a distance crf 15.9b feet tct a mint rrn the 1~4'~t right-af-way line ot" S. Ccauniry Terrace Pl. titenee lY 04°45' 10'~ l~ along the Wit right-cat way line cif s~~id S. country Terrace t'l. fear a distance of 198.32 .f to iheREAL Pt3INT ®F BEGINNING of said 20 foot wide strip aflartd lying 10 feet left and I0 feetright ofihe follativing described centerline: thence S 1;9°4~"32f• W fior a distance of 295.81) feet; tlxence S 00°l d'28~' E for a distance of t iG.U2 fist; thence S 45'°16"3'8'»: >v far a. distance of 67.38 feet; fhenrc S 00~ 1 f'~8" E for a distance caf 41.GS feet tea the paint of terminus tat: said centerline and. 2t} far3t wide strip of tend Prepared by. Todd R. Waite F:I.,.S. X:1t'rojectslCcapc Property-Van Auler (2274)1Thu;umen~til~di'~-~"T'Rca.c~rnc:nt.dm~ t ~~ ! • jTE ._.. ~an~ surveying, ~k ~71t~Sttrttise Rirn. R~~d.,~t~ite?~t<~ €f~is~ 1€.~ t3{7~~ 2t.~.9~-7.~~3C~ Tale. 2Of3.~,~.7.3f3.2~ Fix P.N. 22?~ C3ctober 23, 2iH17 EXIIIBI°t' "A" MI~RIDIAN CITY SE~bYER EASF.R+i~iVT' [)1~SCRiPTION +~[3PE PROPERTY ;~ 2C! taut -wide strip. of land bcin~ a port~ic~n of the Southwest 1 d4 caf the Southwest I d4 (Government Lot ~) of motion 18.T:3Ri:, R,1E,, B.M.; Ada County. Idaho, and being more particularly described as toll+ows: Canunencng at the Southwest corner ofsaid S~tian 18 the-~~ce N ~~°~3'3?" E along the South baunclary caf said Seetican 181or a di5tanc;c oaf fi~2.28 fcx~t, from which the Wc~t ItIG tamer ofsaid.S~tiott lg-bears N $9°4'32" F, 484.1 fc;ct; thence leaiFing said Sautlt boundary IV 00°I~&~,2$" V4~ for a tlistanc;e of 4~.~fl facet tv a point on the North right-of=way lin+~ cif C, Overland Rd:; iliettce N 39°3S' l ~d" E fear a disiat> tai' 15:9 i~'et:4: to a paint an the Wc~t right-of-way line of S. Country Terrace Pl.; thence N QO°45 ° 10" li along d~ West right=of-wa~+ lint t~f sapid S. GUUntry Terrace Pl. for a distarx:e of3(i8.ti5 fist; thence S 89°28'4l" W for a distant:e of454~3 i'eet to tho REAL POINT OF BEGINNING of said 20 fc>t~t wide strip of land tying ~ Q feet lei and 10 feet right of the fallowing described centerline: thence S 3?°2l'42" E for a distance caf 12,50' feel; thence l~l 89°?S'41" 1r for a distance of 1'5.45 :feet; thence ~ On°lt3'28a' Ii for a distance Qf 193,1° t to the point of terminus of said centerline and 2t1 font wide strip cif land. Prepared ley: Todd R. Waite P_L.S_ Y,1Prniects~C:eipe Property-fan Auker (227O1t~OCUnientglCdPE-S1Wrascment.doc-I ' ~~ '- • ~~~ ~~~ ~~~ ~~ ~~~ ~~ ~~~ ~~~ R ~ S c~~~ -~ X ~ ~. ~~ ~~ .w Q 1+A to ~~ ~ ~~ ~~ :~`~"~ ,~, r~>-~~ ~~' 1 ~ ~ .~~ ~ ~. ~ ~ ~ i ~ i a N ~ a. {sra~ ter sgj '-----~. a ,._ ,~~< ] z 1 PK Y~ j~ rs/~ 'ate ~,« t'>~1~~~ ~ ~ ~ r`` ~r' s _ ~- -- ~{ Ep2S ~fihi __ ~~ ~~ d. Op O I ~ ~ ~~ - - - -~ +~ Z ~ _- ss ----.~ . m _ r ~~~ aj ~~- tOQ'{f~ ~ C ~ ~ r ~ ~~ IFI -~ ~ ~~ ~~ ~~ ~ I~I ~ ~~ $ Iii ~ -~ ~ ~ r+~ ~' I I ~ ~` f o~ ~, ~~ ~' ~ 1 a~ -m r z h.; C°} a`e C ~ :~ ~" =~' ..~ -~. ;~ ~ ~ ~? .~5.. ~ ~ ~ ~„ a fD ~'-3 i•3 ~`"-.. ', { .~ 4 rive ~ f....+ tt 3 ,; `~ ~. t y ` C x ".~' C~ era i a "I m I~ rn ~ O Q ¢~~ ~O ~ +~R 1 ~~ ~ z oa N E 9~3.~2' ~~ ~ ~ I ~ I ,~ ~ ,~~ ~ ~ ~. I¢I I~I '~' ,0£'6L ICI ~ r .,s 5. NOUN"TRY' T~RRA+CE PL V N V r ~ r ~~m ~~~ ~~Z ~~~ ~' ~~ °~~ ~~~ af'" ~ ~~ ~~~ ~~~ ~~ ~~ ~~ C~'3 3> !'*t ffi ca °`tr fi,, ' iK c '~ (i c .P _ r ~ v+ ~ ~ _~R -~ (srA~ wvrr s~~ ~}~. ~ ~~4 ~~ ~ o~ g ..• ~ ,~ / ,..• ;; o ~,,. ao W MlY~~ 3~iA Mal ~ _ a----- r''• _ ~~}~ W -- "-~-1- ` ~ C c~ ~ ~ ~, .__ --- `` ~ Iii V ~ Ct $ ~ ~~ I '~ ~ ~~ ~ ~~ ~°° ~ `~ a ~ 1 .+. ~ ~` .~~1--# o o ~ _ ~~~~~~ ~ !~ ~ _ . ~toi -~ -- ~ ~x :# ~ ~ ~ ~~ O ~~ ~ ~ ~ ! ~ `~'~ ~ ~ C ~y o °-« ~ 1 ~ n ~ ~ I c~•sc m` , { 1 -n _ ° a, -- t N ~'45~1 E ,&~- c~ ~- ~ ~ w o ~ '~~,~ ~ _~ ~~ " S~ C4UN'TR~' TERRACE PL ~' ,~,,, ~ ~ ~ --# ~ ~ s ~. =3' `~' ~ t~ to i1*i i w ~~ ~ ~ ~ ~ ~ ~ ~ o J ~ V rn cci ~ w cs''n ry ~ L-.+ '~ C~ .~ ~ °,y a r" rn G ±,, e ~~ • u City of Meridian Public Works Dept. Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File ~~- f,,~ 0~:~ ~~ ~ ~~~.. ~i~;~. ~l~ri~ ~i;~~~ Date: 10/31/2007 Re: Proposed Agenda Items for 11/7/07 City Council Meeting The Public Works Depar6nent respectfully requests that the following items be placed on the 11R/07 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer and Water Main Easement for Cope Subdivision by Ronald Van Auker. Typical Sanitary Sewer and Water Main Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Cope Subdivision by Ronald Van Auker and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 • • SANITARY SI~:WFR AAtD'V1~A`1`1t:R i~1Al?~' E;1S~:,'~1~NT `Tl I1S I1~UHN"I't.tIZE, rnadc; this flay oi` _. _ _, 2t) hitrc~ern ~l l(l~d U~R~L~>r the parties oft)te. first part, and hereinafter called tltrr Cirantors, and th4 City ofMeridian, Ada County, tdal~o, the party ofthe second part, and hcrcinaficr c.3lfrci the Grarxrc; WITN>SSE"1'H: WHEREAS, the Grantors desire to pror•ide a sanitary serr~Nr anel water main right-ot=way across the prcmisc~s and prc~pcrty htrcinafier pariiculariy hounded and d~wcrihc~I: and WIII:REAS, the sanitary sewer and water is to ho provided tier through underground pipi,Iincs to Ise constructed by ethers; and 4VH1~REAS, it will he nec~;sary to maintain and service said pipcfines from lime to time h~• the Grantee:; NOW, 'THEREFORE, in consideration of'the bonefit to he re~:e:ir•cd by the Grantors, and vth~~r• gcxrd :unl vaiuabtc wnsidexation, tix Grantors da hereby give, grant anci convey unto the Gratttcc: Chc right-t~f-way for an easement for the operation and maintenance cr f sanitary server and water mains Duct and ae;ross the tol)owing described property: (Si;E AT`CACHED EXHIBITS 11 anci B~) The casement hcrehy granted is felt the putpasc e>f'canstruction anci c~per:ttion ot'sanitary sewer and water mains and their altiexf tacilitics, tot;ethe:r with their maintenance, repair and replacement ai the convr~nicnceoftheGrantce, with ih~ tice right ofaccess to such tacititics at anv and all times. TO HAWS: AE~fD TO HOLD, the: said easement and right-of=rvay unto the said Grantee. it's successors :uxl assigns forever. t"T IS F \PRfvSSI.Y UNDERSTOOD r1ND ~1GREET), by and hctrvicen the parties hrrcto. that otter making repairs or pcrti~rming other maintcn:utr_c:, Grantc~ shay! restore the area cif the cascnx~ni and adjace=nt property to that existent prior to undertaking such repairs and maintenance. However, Grante~c: shall not he re~,ponsil~le tier repairing, replacing ar restoring anytliirig p)ace°el within the arra dthelrihed in this crscment that ~+~:>_. placed there in vioiatie+n o f t his casement. tianitarv 5~~4~er and r4'ater Main Ext+~ntent IASA9 I.5<<N' ,~1AiN.d~w • 'I'H E (~Rr\?~l7'C)(ZS hereby u~venant and agree that ihcy +vill not place ccr ally++ ref he placid any pern~;uient structurcw, trees, brush, or perennial shrubs ur tic»vers +vithin the aria dc~scribecl for this; easement, ++fhich would interfere with thr: use c~f'said eaticnrcnt, liu the purlx~tics stati~ti herrin. '1'I-il GRAN'1'(aRS hereby urvcnant and agree wish thr Grantt.~ that shcrulcl any part c~l'thc right-t~f-«•ay and easement hereby ~;rantecl shall become part of; car lie ++•iihin the tx~unclarir~ cif any public street, then, fir suite extent, such right-of--+t~ay and easement hcrchy grantrct which lies ++ithin such hrrundary thereofor which is a part therc~c~i; sh;rl! cca~t any! h~~~~i»~ null and void and cif nc~ further et~cci and shall he completely relinquishecl. THE C;RANTC)RS do hereby covenant with the Grantee that they arc ta++~tully scix~+l <rnrl pcrssrssc~d cri'the aforementioned and desc~rtbed tract ofland, and that they have a gc-t'd and lawl`ul right to convey said easement. and that they gill s+~arrant and forever Jctenci the title and quiet possession thereof agaimst the la+vful claims ol'aU perscros whomsr-e+~er. IN 'ItJI"I'?~L;SS 1~'HI~RGC)r, the. saki parties of the first part have hereunto subsrrihcci their C'uunty o f Ada On this ~ day uf_Vl%!t ~ _ ~ , 2UO~: brfare mr, the undersi~neel, a tie-t:rr~ l'ublie in anti torsaid Stag, personally appeared RONALD W. VAN Ai_?l;[:ft__ , knc-++'n nr idcntificcl to me try be the person whose Warne is suhsct7beti to the ++Jithin instrument, and acknc~+vledfc~ri to me that Ile cxecut4~ci the same. IN WITNESS VVHERi~OF, !have hereunto set my hated and aihrcd my atficial seal the day ani! yea~~~t writ ~.•`~Q D..IgrQ `+ ~pTARy '. ~~+ pUet~t~ `0 '••.A?',t+ oft°_..•••' ~anitcrv S~ucr u~n1 14'at~~r IHlain I~a.cvnCnt OT RY ['UBLIC T'OR J~ ..110 es' ing at: ~- C'ommission Es~,...-~.~.~:=~/C7 1.'r~S~11.5&14' Ai.Vi`l.clcjc • t~RAN't'EN: C"I'TY OF MERIta[r1N Tammy de Wec~rd, Mayer Atti,~t by William G. Berg, City C'lerl. Approved 8y C'ity Council tin: _________. STATr OF IUAHC), ss. County of Ada ) On this day c>t' _. -_ - _, ?0__ , i~efi~re me, the undersi~ied, a Nc~tac•y Public in and for said State, persi~nally app~arcYl TAMMY DF, WEERD and WILLIAM Ci. aF.RG, aR.. knot~n to me to be the Mayor and City Clerk. respectively, ot'the City of Meridian, Idatx~, and wha executed the Evithin instrument. and acknotivledg4.d to me that the City ot'141eridinn exc~ut~~c! Lhe Same. Ii1' WITNESS WHEREQF, !have ifcrcunto set my hand and atfixecl my t~flicial seal the clay and year first above written. (SEAL:) NOTARY PUBL[C' FOR iDANO Residing, at:--- _ - -- --. _ C'nmmission Expires: 5unitatYtir-vdreuul 1~llatcrMait~ l:a.emeni ` T~Ati~11~.S.~tl` AtA[N..k,c LJ !'.N. 2'?74 WAI TE _______ ~an~ surveying, Ilc ?1C~ 4nrtrtk: Rtrrt kc~a,.t, >;utc.iC? B~>r•.~, f-' 5;;`(~~; ?C~f:'~.4?~+7.Si~.;t~ Te~r_ 2t7f; ;?.; i!•i_?ci }:_~~ 1FJ~IIIRI"f "A" WA'1'E:R 11ASFiNEIV'I' Cl1~:5C'RIPi~i()N t'OPi: PROPIsR'1'1' A ?t} fcxH wide strir uFiand being a }x>Ptinn of the Suuthw~~st t r4 of the Southwest I %~1 (Ciu~rrnntent Lctt 4) of Se~tiun I ~, "T.3tV., R. i F., 13.ib}.. rein ('ounty. }cL~ho, and being more portico}arty described as foil+~ws: Cumtrtenc;ing at the Southwest earner cif said SCL'[I~ln ] 8. thence 1~159443'32" F, ciao!„ t)tc South hctunci:try unsaid Section I S iitr a diawnc~ ufti3?..'.S feet, i'rum which the West. }f}6 carnc;rr afsaid Sucticjn I8 bwrs N ;t9°43'3" E. 45;4.31 feet; thenr4 Ic~vint; said South lxxtndaty N t10°1C~'~+(" Rj tier a distance of'45.(Nl tiwi to a point on thc• North right-cat=way lino of L•'. [)verland Itd.; thence N 39°35' }4" L'• for a distance of t S i)li feet to a }x~int ~rytt the tk'~t right-uf-way line of S. Country Tetrttce Pt.; theme N UO°45' it)" Fi along the West right-of-way line c~l'saict S. country 't'crrtc~i; PI. fitr a distance oi~ i 9t3.SZ feet try the R1EAL PilIi~"f nF 13EGIN11i 1NC of said ?0 ni~it evide; strip of land tying Ii) feet left and 10 fit right of the: futlowing described cent4~rline: tltc~n+ce S 59°43'32" W for a distance of ?95.:f0 I'rct; tit4nce S t70°16'28" E tar a distam;c of (I(i.t12 I~•et: thence S 45°}h'28" !•~ fctr a distance of b3.38 fit; tltenc:e S (l~°Ifi'2R" F for a distance ui'41.65 ieet tc- the point u!'tcrminus unsaid cent~riinc and 2b iix~t wide strip of tand. ~~~ i'reparcxl by: Todd R. Waite P.1..S. t~ ~~ ~" u p ~ ~~~ ~ c~ i° -Z3"a~ +~ P~ Oi~ ~4p~ ~ R, ~1Q' ?i:'~Yrojeets~Cr~e I'rct}xrtV-Von Auker (2?74l`.1hx;umcnt~iCt)1'i':-~t.'TRra~rmcnt.~iex:-1 • W~1TE Ind surveying, lac Z71~1>isrsrttieRanRot~,4urte4i?i~,r~.li~ ,,?It!; ?t?).9~+7.~~3f? Tel. 2C~fi.~~I.,i~'31=.3~ ~XHII31'1' ~'A" 11iF.RIDIAIV CITY SEV1'ER EASP14iI:M'1' DFti('RIl''!'101\ COPE PROPERTY A ?p tilclt wide strip of lattd being a Ixtrtion crf the Southwest 114 «f'the S~,uthwest I: ~ (Guv%rnment I.ut 4) of Scctiun 1$, T.3N., R.l E.,13.M., Rda County, Ici,-shu, and being nu~rc partiruiarly dc~cribed as follows: (:'omme:ncing at the Southwest corn~v of said Section 1 K. thence i\I 59"43'z'" l along the South boundary ufsaid Scx:tion IS irsr a distanccc ol'bi.~..25 iiwt. from which tltr Wit ltl6 ~-ntcrufsaid St~tian IS burs N R9°43'~~" F:, 454.31 Icct; tltrncc Icsving said South txwndary N Q(l°I6'2R" W for a distance ul'45.(>() feet to a 1>,~int un the North right-ol=way line: ul' C. +C?~°erland Rd.; ihcttce N 39"3S't4" E it>r a distance of 15.95 feet to a point an the 1~'~~t rigl-t-ul=way line of S. Cawttry '1'crracc P[.; ihenre N OQ°45' 1{l" I~ al~tng [he. West: right-of--way line ofsaid S. Countn~ -fert-aec I'1. ti-r a distance of 36:1.55 feet; thenc-c S ?;9°21£'41" W tier a distance c-sF454.83 fit to the REAL POII/'1' OF' IiFt;lh`NIN(.1>1' said 2t1 lix7t wide strip of land lying 1f1 feat lt;ti snd lit feet right ul'thr t<ilkncing d~Krrihed ,: enterl i ne: tlrrnce S 37°_'I'42" E ibr a ciistancc: of 12.SA fe-ct; thence N Fig°28'4I" I: Fc~r a distance of 1?5.45 feet; thence S Q0~'15'28" L tisr a distance of 193.12 Feet to the point c-t't~~rminu <~f said centcrlinc ,rnd ?() lix~i wide strip of land. Prcpart-d by: 1"odd K. Waite P.L.S_ ~:''J'r~~iectslColx 1'rc~pcrty•4''an Auktr (2?7a)'~pocumentslCC)YGS1~1Veas~ment.den:-I ' ~g~ ci~~ 0 ~~~ i Z ~~ ~~~ ~~~ ~~~ ~~~ ~Vl~ Ag~Q~ t'~ A 1 ~~ ~~ ~~ -~ g~ `-J ~~ .-. ~; ..~ ~ ~ u: ~ :~ ~~ ,. ~ ~; ~ ~ r° ; f ~ i i-~ tJ} :' ~Jn T __ k ~'~ r. it O Cl3 r' m .a N ~.- S 0 C1 .~ ~_ ~ ~' ~~ ~~~ ~/I- IK E R 1 D I A N R D. 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(STATE HWY 69) ~ ~ ~~< ~ 1 ~~ ~ a~ ~ ,.,~,,,.~.. -- -~ i SS / Z r r y ~~ ~ ~.1 W NjYtla 3711 N3A I~t~ Mf1~y w ~~~ z cow r..i __Q- - - - ~ ~p I m a a a.t _ ~ m Sr~~ oze Vl . ,~ ~ 1 ~ ~ m N 'I 1 ~ I ~ _ ~ ~ r -- - - ,00'OZ ~ N ~ ~ - ~ ~ ; ~ --- -- ~ c7 ~ _~ ~ ~ N~ ~ 4 ~ ~ ~ ~ ~~ ;~ m ' °~ z O ~ ~ ~ m z m ~: w w N m N U J t a° ~ . ~ °i- ~ O N O~ +~C ~ t~ --~ ~ c~kn m v~ 0 0 0 ~ ~ a~ ~ i D ' , A ,~~ m ~ , ~OS_ `6L ~~~ '*' f'4~ i E ~ ~ ~ ~' 388.E S. COUNTRY TERRACE PL t~ ~ 4~ '`l !-`/p • November 2, 2007 MERIDIAN CITY COUNCIL MEETING November 7, 2007 APPLICANT ITEM NO. S-R REQUEST Change Order No. 1 for the Heroes Park Tee /pressure Test for Wastewater Reuse with H2 Excavation, LLC for X4,090.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetht~s shop become properly of fhe CHy of Meridian. • ~ ~ ~ ~~~ ` ~:~ ~~r ~~9~ emo ~~a~:a ~ ~ ~~~ ~. ~,~~~~ fib= ~~~ _ . - ~i~ ~<s-s~a~7 j' ~~~~PY ~"r2~~ir: To: William Berg, Jr.; Tara Green Front: Clint Dolsby, P.E., Staff Engineer CC: Len Grady, P.E., City Engineer Date: 10/31 /2007 Re: Proposed Agenda Item for November 7, 2007 City Council Meeting The Public Works Department respectfully requests the following item be placed on the November 7 City Council agenda, under consent agenda, for Council's consideration: ,~/ Change Order No. 1 for the Heroes Park Tee/Pressure Test for Wastewater Reuse Additional work is N. regwred for the Heroes Park Tee/Pressure Test for wastewater reuse. Expose the pressure sewer pipe on the shoulder of Black Cat Road near Heroes Park to cut the 16-inch tee in, install a concrete collar and trafFic control as required by ACRD. H2 Excavation LLC submitted a cost for this change order as summarized below: H2 Excavation LLC $4,090.00 Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No. 1 for the Heroes Pazk Tee/Pressure Test for Wastewater Reuse with H2 Excavation LLC for $4,090.00 and authorize the Mayor to sign it. Budget Amendment - Stormwater Program new line item. Since the budget presentations the City has determined that we may be required to complete a NPDES Phase 2 Storm Water Discharge Permit. We are requesting a budget amendment and the creation of a new line item for the Stormwater Program for $75,000. This amendment will allow us to complete an analysis of our current storm drainage systems and determine whether an NPDES Phase 2 Storm Water Discharge permit is required for the City. If one is required, the consultant that has been selected will complete it and include the development of a 2007-2012 permit compliance strategy with quantified resource requirements; including a work plan identifying tasks and implementation schedule for 2007-2012 permit timeline which may require an additional budget amendment. This will be followed or completed in conjunction with a comparison of Citys Stormwater management programs with NPDES Phase 2 Municipal Stormwater Permit requirements to identify gaps. • Page 1 • CHANGE ORDER 1 Pro ~} ~ y72y PROJECT: City of Meridian Heroes Park TeeJPressure Test for Wastewater Reuse DATE OF ISSUANCE: October 31, 2007 EFFECTIVE DATE: November 8, 2007 OWNER: City of Meridian CONTRACTOR: H2 Excavation, LLC ENGINEER: HDR Engineering, Inc. Yon are directed to make the following changes. 1. Expose the pressure sewer pipe on the shoulder of Black Cat Road near Heroes Park to cut the 16-inch tee in, install a concrete collar and traffic control as required by ACRD. Reason for Change Order: Location of existing underground pressure sewer was not where shown on the field locates. Attachments: H2 Excavation LLC invoice for work associated with the changes. CHANGE IN CONTRACT PRICE: CHANGE 1(N CONTRACT TIMES: Original Contract Price Original Contract Tirnes Substantial Completion: 14 850 00 Ready for Final Payment: , . days or dates Net Changes from previous Change Orders No. 0 to No. 0 Net Changes from previous Change Orders No. 0 to No. 0 $ 0 ney~ Contract Price prior to this Change Order Contract Times prior to this Change order Substantial Completion: _$ 14,8$0.00 Ready for Final Payment: days or dates Net Increase (decrease of this Change Order) Net Increase (decrease of this Change Order) $ 4,090.00 0 aays Contract Price with all approved Change Orders Contract Times with all approved Change Orders $ 18,940.00 Substantial Completion: Ready for final payment: days or dates ACCEPTED BY CONTRACTOR: By: Coln (Authorized Signature) Date: `~ ~ ~ _ d APPROVED BY OWNER: Clint otsby, P. ., Pub ' Works Date• k'~3t w'7 Tam de Weerd~ Date: `~~1.~~ -'D C~ ~~r •`' ~ .~ i • ,~, ;~ 'I~rn ~ Berk Jr., City n:,;:. T)ate~ ill-a~3 r~ Approved by City Council: ~or 7~ ~-? ~~,,~C}~`~T 3~---~' ij~~ ~ ~~ • New Line Item - Stormwater Program $75,000 Recommended Council Action: The Public Works Department recommends that City Council approves the budget amendment for the Stormwater Program and a new line item in the amount of $75,000 for FY 2008. Task Order No. 2 - Stormwater Program Analysis Murray, Smith ~ Associates, Inc. has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $46,010. 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 to support the City in determining their requirements for responding to EPA's Phase II Stormwater Regulations. This will include a review of storm drainage systems in the City and an analysis of the regulatory status of the City. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Stormwater Program Analysis with Murray, Smith & Associates, Inc for $46,010 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 • • CHANGE ORDER 1 PROJECT: City of Meridian Heroes Park Tee/Pressure Test for Wastewater Reuse DATE OF ISSUANCE: October 31, 2007 EFFECTIVE DATE: November $, 2007 OWNER: City of Meridian CONTRACTOR: H2 Excavation, LLC ENGINEER: HDR Engineering, Inc. You are directed to make the following changes. 1. Expose the pressure sewer pipe on the shoulder of Black Cat Road near Heroes Park to cut the 16-inch tee in, install a concrete collar and traffic control as required by ACRD. Reason for Change Order: Location of existing underground pressure sewer was not where shown on the field locates. Attachments: H2 Excavation LLC invoice for work associated with the changes. CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price Original Contract Times Substantial Completion: $ 14 850 00 Ready for Final Payment: , . days or dates Net Changes from previous Change Orders No. 0 to No. 0 Net Changes from previous Change Orders No. 0 to No. 0 $ ~ nays Contract Price prior to this Change Order Contract Times prior to this Change order Substantial Completion: 14.85UA0 Ready for Final Payment: days or dates Net Increase (decrease ofthis Change Order) Net Increase (decrease ofthis Change Order) $ 4,090.00 0 aayg Contract Price with all approved Change Orders Contract Times with all approved Change Orders Substantial Completion: $ 18,940.UU Ready for final payment: days or dates ACCEPTED BY CON/T/R~ ACTOR: By: V ` Con (Authorized Signature) Date: ~~~''d~ APPROVED BY OWNER: Clint olsby, P. ., Publi Works Date: _ ~~3 t ~-~ Tannny de Weerd, Mayor Date: Attest: William G. Berg, Jr., City Clerk Date: Approved by City Council: 10/25/20D7 12:56 PM F~ Hibbard 6426899 H2 Excavatlan TO: 898-9551~AGE: 003 OF 003 Excavation, LLC 843 Bluegrass Way Middleton, ]d. 83644 i!I ~'o City of Meridian Attention Clint Dolsby 660 E. Watertower Ln. Ste 200 Meridian, id. 83642 Invoice Date loi2v2oo7 Invoice # 780 Project Hero Park T-tie in item Description Unit Type Units Price per u... Amount Extra's 2 Flaggets Hours 60.00 840.00 14 Extra's Extra depth excavation and trench box rental LS 2,500.00 2,500.00 Extra's Concrete collar EA 1 I 750.00 750.00 We appreciate your business, thanks! TQ~~ $4,090.00 November 2, 2007 MERIDIAN CITY COUNCIL MEETING November 7, 2007 APPLICANT ITEM NO. S-$ REQUEST Budget Amendment for Stormwater Program and a New Line Item in the amount of X75,000 for FY 2008 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. COMMENTS See attached • g$f~~ emo n~~P ~ ~ ~~~~ ~=._ To: William Berg, Jr.; Tara Green From: Clint Dolsby, P.E., Staff Engineer CC: Len Grady, P.E., City Engineer Date: 10/31 /2007 Re: Proposed Agenda Item for November 7, 2007 City Council Meeting The Public Works Depan`.ment respectfully requests the following item be placed on the November 7 City Council agenda, under consent agenda, for Council's consideration: Chance Order No. 1 for the Heroes Park Tee/Pressure Test for Wastewater Reuse Additional work is required for the Heroes Park Tee/Pressure Test for wastewater reuse. • F~cpose the pressure sewer pipe on the shoulder of Black Cat Road near Heroes Park to cut the 16-inch tee in, install a concrete collar and traffic control as required by ACHD. H2 Excavation LLC submitted a cost for this change order as summarized below: H2 Excavation LLC $4,090.00 Recommended Council Action: The Public Works Department recommends that Clty Council approves Change Order No. 1 for the Heroes Park Tee/Pressure Test for Wastewater Reuse with H2 F~ccavation LLC for $4,090.00 and authorize the Mayor to sign it. Bud4et Amendment - Stormwater Proaram new line item. Since the budget presentations the City has determined that we may be required to complete a NPDES Phase 2 Storm Water Discharge Permit. We are requesting a budget amendment and the creation of a new line item for the Stormwater Program for $75,000. This amendment will allow us to complete an analysis of our current storm drainage systems and determine whether an NPDES Phase 2 Storm Water Discharge permit is required for the City. If one is required, the consultant that has been selected will complete it and include the development of a 2007-2012 permit compliance strategy with quantified resource requirements; including a work plan identifying tasks and implementation schedule for 2007-2012 permit timeline which may require an additional budget amendment. This will be followed or completed in conjunction with a comparison of Cites Stormwater management programs with NPDES Phase 2 Municipal Stormwater Permit requirements to identify gaps. • Page 1 r: New Line Item - Stormwater Program $75,000 Recommended Council Action: The Public Works Department recommends that City Council approves the budget amendment for the Stormwater Program and a new line item in the amount of $75,000 for FY 2008. Task Order No. 2 - Stormwater Program Analvsis Murray, Smith ~ Associates, Inc. has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $46,010. 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 to support the City in determining their requirements for responding to EPA's Phase II Stormwater Regulations. This will include a review of storm drainage systems in the City and an analysis of the regulatory status of the City. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Stormwater Program Analysis with Murray, Smith ~ Associates, Inc for $46,010 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 m~ nm To On z° -~ <N ~~ Om mm 1~ Z om go zo ~' o v'~- om ~ .~ O~ m y~ C m~ ~m ~~ o -Zi Z m 1 m Z 0 0 C m ~ m 3 w m 1 ~~ ~~ o ~ ~~ ~ ~~ ~ ' ~' 81 m ~~ ~~ ~~ ~~ m ~~ ~o gs 3~ m~ ~Q ~. ~ r.Aa~ ~o~ a ~ ~ onps O~ o Cf ~sm m ~ ~~ ~ m ~n y ~ s o ~ o ~ 2 ~ f ~ a ~ ~ ~ ~a °c ~~c~ m = ~ '~ 3 ~m mo ~n3 ~ s. ~~~~~' ~~»8 ~~'S .~~~~ m ~~ o m m c q ~mT ~~ ~~< ~'M~~~~ ~ ~~~~~~ ~' ~~~~f~ ~~m ~~Z~ ~.~~.m ~ a a ~ o g ~.~~ ~$~~~ '~8~.$ m a' 0 5 a ~. m • • November 2, 2007 MERIDIAN CITY COUNCIL MEETING November 7, 2007 APPLICANT ITEM NO. S-T REQUEST Task Order No. 2 for Stormwater Program Analysis with Murray, Smith 8~ Associates, Inc. for $46,010 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented aF pubUc meetings shall become properly of the City of Meridian. EXHIBIT A TASK ORDER N0.2 Pt o Q~- ~ U~Z~ STORMWATER PROGRAM ANALYSIS ~ CITY OF MERIDIAN This Scope of Services is for Professional Services between Murray, Smith & Associates Inc. {MSA) and the City of Meridian (City). Task Order No. 2 shall be for professional engineering services to support the City in determining their requirements for responding to EPA's Phase II Storm Water Regulations. -The terms of this Task Order shall be in accordance with the MSA Master Agreement for Professional Services dated June 18, 2007. Background In January 2003, the U.S. Environmental Protection Agency (EPA) requested via letter that the City of Meridian obtain a National Pollutant Discharge Elimination System (NPDES) permit as required by EPA's Phase II Storm Water Regulations. The City responded with a letter in February of 2003 stating that the City of Meridian neither owned nor operated a separate storm sewer system (MS4) and was therefore not required to submit for an NPDES permit. The letter goes on to state that the Ada County Highway District (ACRD) owns and operates the MS4 within the City limits and is the agency that is subject to the NPDES regulations. The following scope of work is proposed to verify that the City is still exempt from NPDES regulations. The City has developed a flushing program for its potable water system that has not yet been initiated. The proposed program may require an individual NPDES permit even if a Phase iI permit is not r~uired. This scope of work includes an analysis of the regulatory requirements of the flushing program. If this study concludes that as NPDES Phase II permit or individual NPDES permit for the potable water system flushing program are required, then MSA will develop these permit applications under a separate scope of work. SCOPE OF SERVICES Task 1-Document Review MSA will review the following documents: • Previous correspondence between EPA and the City regarding NPDES Phase II permit requirements. City of Meridian HURRAY, SMITH & ASSOCIATES, INC. Stormwater Analysis T.O.2 October 2007 EngineersJPlanners 1 F:1131J1CIienis~lVieridiaq 1D\Swrmwater Program Analysis 10-07dScopeISWPM scope of worts fmaLdoc • • • NPDES Phase I permit for Boise Urbanized Area (permit #IDS -02756). Penmitees for the Boise Urbanized Area include the City of Boise, Garden City, ACRD, Idaho Transportation Department (ITD), Drainage District #3, and Boise State University. • 2004-2005 Annual Report for the Boise Urbanized Area Phase I permit. • ACRD and ITT) Drainage District #3 Phase I permit reapplication. • City storm drainage guidance materials for design and construction. • Proposed City potable water system flushing program • State and City storm drainage codes. These documents will be used to help verify that the City is exempt from NPDES regulaxions. In addition to the document review, MSA will meet with William Nichols, White Peterson and Joan Meitl, who drafted the February 2003 response to the EPA. MSA will also contact the Cities.of Nampa and Caldwell to discuss the current status of their permit requests and comments on the submissions (which were included for reference in the MSA Proposal). Assumptions • The budget includes up to 5 meetings with the agencies involved with the Boise Urbanized Area NPDES Phase I Permits and the parties involved with the development of the February 2003 response to the EPA. • Fees for any work that William Nchols may do in support of this task are not included in the budget. Any such fees will be paid directly by the City of Meridian. Deliverables 1. Written meeting summaries. Task 2 -Storm Drainage System Inventory MSA will create a comprehensive inventory of the storm drainage systems within the City limits. The inventory will consist of an electronic database (CAD or GIS format) and a brief summary memorandum. MSA will meet with ACRD and ITD staff as required to collect database and hazd copy information of storm water systems within the City limits that they own and operate. MSA will also collect and review plans for City-owned facilities. Field visits will be performed to verify the collected storm drainage system data as needed. MSA City of Meridian HURRAY, SMITH & ASSOCIATES, INC. Stormwater Analysis T.O.2 October 2~7 Engineers/Planners 2 F:1BD1CIientslMeridian, ID1,Sturmwater Pro~am Analysis lo-miscope~S~ArnM scflpe of wow final,aoc • will meet with City staff to review a draft of the summary memorandum and then complete a final memorandum based on the comments from the meeting. Assumptions The budget includes the fallowing: • Up to four meetings with ACI-1D and ITD staff. • Up to four meetings with City staff. • Up to three one-day field visits. DeliveraLies 2 . Two copies of the draft system inventory summary memorandum including a large format map. 2. Five copies of the final system inventory summary memorandum including a large format map. 3. One copy of the electronic database. Task 3 -Interpretation of Regulatory Status MSA will meet with City and EPA staff in Boise or via conference call to review the project and the City's approach to verify its regulatory status. After the completion of Tasks 1 and 2, MSA will review preliminary findings regarding the City's storm drainage regulatory status with City staff aad the EPA. MSA will submit a draft letter that si~mrn~ri~es the work done in Tasks 1 and 2 and present MSA's opinion of the City's storm drainage regulatory status to the City for review and comment. MSA will incorporate any City comments and submit a final draft of the letter to EPA. MSA will coordinate with EPA and City staff as required to obtain a written response from ~e EPA. MSA will summarize the regulatory requirements for the proposed potable water system flushing program in a separate memorandum. Assumptions The budget includes the following. • Two meetings with City staff and two meetings with EPA staff. it is assumed that one meeting will be in Seattle to meet with Misha Vakoc, EPA NPDES Stormwater Coordinator. • I6 hours for Otak technical consultation and review. City of Meridian HURRAY, SMITH & ASSOCIATES, INC. Stormwater Analysis T.O.2 October 2007 Engineers/Planners 3 F:\BD~ClientsUVteridian, ID\Stormwater Program Analysis 10-U71SoopeISWPM scope of work finai.doc • • 16 hours for coordination with EPA after the letter is submitted to EPA. Deliverables 1. Two copies of the draft letter to summarizing Tasks 1 and 2 and presenting MSA's opinion of City's storm drainage regulatory status. 2. Five copies of the final letter to EPA. 3. Two copies of the memorandum summarizing the regulatory requirements for the proposed potable water system flushing program. Task 4 -Project Management The purpose of this task is to provide management of the project team and general correspondence with the City. Included in this task are scope development, monthly invoicing, budget and schedule review, and general administrative tasks. Assumptions • The budget includes a project kick off meeting with City staff. • The budget assumes a six month project length. Deliverables 1. Invoices will be submitted monthly. BUDGET The overall Not to-Exceed Budget for this task is shown in Table 1. The work will be billed on a time and expenses basis under the terms of the MSA Master Agreement for Professional Services using the current and projected billing rates from the 2007 Schedule of Charges. Rates for 2008 have been estimated using a 4% escalation factor. The total budget shall not be exceeded without written authorization. City of Meridian MURRAY, SMITH & ASSOCIATES, INC. Stormwater Analysis T.O.2 October 2~7 EngineersJPlanners 4 F:\BDlClicntslMeridiaq ID1Stormwater 1'rogiam Analysis 1~07~SropelSVYPM scope of work fiaaldoc Table 1 Labor Hours and Total Project Costs Task Number Labor Subconsultant Total Cost Hours FeesJE enses Task 1-Document Review 76 $1,960 $10,766 Task 2 -Storm Drainage System 188 $1,150 $19,582 Invento Task 3 -Interpretation of Regulatory 60 $3,170 $10,114 Status Task 4 - Project Mana ement 56 $100 $ 5,548 Project Totals 356 $6 80 546 010 TIME OF PERFORMANCE The completion date for submittal of the final letter is six months from Authorization to Proceed. It is anticipated that it will take up to 4 months to obtain a written response from the EPA. MSA will make every effort to complete the work in a timely manner; however, it is agreed that MSA cannot be responsible for delays occasioned by factors beyond its control, nor by factors that could not reasonably have been foreseen at the time this Task Order was executed. CITY OF AgERIDIAN sy: ~ ..,~~-~ Title: ~a.~,.~.~ ~ MiJRRAY, SMITH & ASSOCIATES IN sy: Title: ,~.~.~.-J'~~ f Date• •~l ~~ ~,,~,.:-~~,,,,,,,;:~, Date: /7/ZT~~ ~: ;. <.. ``o~~ ~i~ .. ',,. .. °~ . ~sg~ . ~ rF• ~. o W:ll:~.., ~. fig, ~~, ter ~~ t .~ ~ ~~ ~re11~~' City ~wr,~~: ~d ~~`•~' '~~~~r0~i~f tit141<<~tl City of Meridian HURRAY, SMITH & ASSOCIATES, ING Stormwater Analysis T.O.2 October 2007 Engineers/Plamiers 5 F:1BD~CIiemsUVteridian, ID1Stormwaler Program Analysis 10-07LScopelSlVPM scope of work final.doc • EXHIBIT A TASK ORDER N0.2 STORMWATER PROGRAM ANALYSIS CITY OF MERIDIAN This Scope of Services is for Professional Services between Murray, Smith & Associates Inc. (MSA) and the City of Meridian (City). Task Order No. 2 shall be for professional engineering services to support the City in determining their requirements for responding to EPA's Phase II Storm Water Regulations. The terms of this Task Order shall be in accordance with the MSA Master Agreement for Professional Services dated June 18, 2007. Background In January 2003, the U.S. Environmental Protection Agency (EPA) requested via letter that the City of Meridian obtain a National Pollutant Discharge Elimination System (NPDES) permit as required by EPA's Phase II Storm Water Regulations. The City responded with a letter in February of 2003 stating that the City of Meridian neither owned nor operated a separate storm sewer system (MS4) and was therefore not required to submit for an NPDES permit. The letter goes on to state that the Ada County Highway District (ACRD) owns and operates the MS4 within the City limits and is the agency that is subject to the NPDES regulations. The following scope of work is proposed to verify that the City is still exempt from NPDES regulations. The City has developed a flushing program for its potable water system that has not yet been initiated. The proposed program may require an individual NPDES permit even if a Phase II permit is not required. This scope of work includes an analysis of the regulatory requirements of the flushing program. If this study concludes that an NPDES Phase II permit or individual NPDES permit for the potable water system flushing program are required, then MSA will develop these permit applications under a separate scope of work. SCOPE OF SERVICES Task 1 -Document Review MSA will review the following documents: Previous correspondence between EPA and the City regarding NPDES Phase II permit requirements. City of Meridian HURRAY, SMITH & ASSOCIATES, INC. Stormwater Analysis T.O.2 October 2007 Engineers/Planners 1 F:\BD\ClientsUvleridian, ID4Stortnwater Program Analysis 10-0TScopeISWPM_scope of work_final.doc • • NPDES Phase I permit for Boise Urbanized Area (permit #IDS -02756). Permitees for the Boise Urbanized Area include the City of Boise, Garden City, ACRD, Idaho Transportation Department (ITD), Drainage District #3, and Boise State University. • 2004-2005 Annual Report for the Boise Urbanized Area Phase I permit. • ACRD and ITD Drainage District #3 Phase I permit reapplication. • City storm drainage guidance materials for design and construction. • Proposed City potable water system flushing program • State and City storm drainage codes. These documents will be used to help verify that the City is exempt from NPDES regulations. In addition to the document review, MSA will meet with William Nichols, White Peterson and Joan Meitl, who drafted the February 2003 response to the EPA. MSA will also contact the Cities of Nampa and Caldwell to discuss the current status of their permit requests and comments on the submissions (which were included for reference in the MSA Proposal). Assumptions • The budget includes up to 5 meetings with the agencies involved with the Boise Urbanized Area NPDES Phase I Permits and the parties involved with the development of the February 2003 response to the EPA. • Fees for any work that William Nichols may do in support of this task are not included in the budget. Any such fees will be paid directly by the City of Meridian. Deliverables 1. Written meeting summaries. Task 2 -Storm Drainage System Inventory MSA will create a comprehensive inventory of the storm drainage systems within the City limits. The inventory will consist of an electronic database (CAD or GIS format) and a brief summary memorandum. MSA will meet with ACRD and ITD staff as required to collect database and hard copy information of storm water systems within the City limits that they own and operate. MSA will also collect and review plans for City-owned facilities. Field visits will be performed to verify the collected storm drainage system data as needed. MSA City of Meridian MURRAY, SMITH & ASSOCIATES, INC. Stormwater Analysis T.O.2 October 2007 Engineers/Planners 2 F:\BD\ClientslMeridian, ID\Stormwater Program Malysis 10-07lScope\SWPM_scol~ of work_final.doc will meet with City staff to review a draft of the summary memorandum and then complete a final memorandum based on the comments from the meeting. Assumptions The budget includes the following: • Up to four meetings with ACRD and ITD staff. • Up to four meetings with City staff. • Up to three one-day field visits. Deliverables 1. Two copies of the draft system inventory summary memorandum including a large format map. 2. Five copies of the final system inventory summary memorandum including a large format map. 3. One copy of the electronic database. Task 3 -Interpretation of Regulatory Status MSA will meet with City and EPA staff in Boise or via conference call to review the project and the City's approach to verify its regulatory status. After the completion of Tasks 1 and 2, MSA will review preliminary fmdings regarding the City's storm drainage regulatory status with City staff and the EPA. MSA will submit a draft letter that summarizes the work done in Tasks 1 and 2 and present MSA's opinion of the City's storm drainage regulatory status to the City for review and comment. MSA will incorporate any City comments and submit a final draft of the letter to EPA. MSA will coordinate with EPA and City staff as required to obtain a written response from the EPA. MSA will summarize the regulatory requirements for the proposed potable water system flushing program in a sepazate memorandum. Assumptions The budget includes the following: • Two meetings with City staff and two meetings with EPA staff. It is assumed that one meeting will be in Seattle to meet with Misha Vakoc, EPA NPDES Stormwater Coordinator. • 16 hours for Otak technical consultation and review. City of Meridian MURRAY, SMITH & ASSOCIATES, INC. Stormwater Analysis T.O.2 October 2007 Engineers/Planners 3 F:~BD1ClientslMeridian, ID\Stormwater Program Analysis 10-OTScopeISWPM_scope of work_final.doc • • 16 hours for coordination with EPA after the letter is submitted to EPA. Deliverables 1. Two copies of the draft letter to summarizing Tasks 1 and 2 and presenting MSA's opinion of City's storm drainage regulatory status. 2. Five copies of the fmal letter to EPA. 3. Two copies of the memorandum summarizing the regulatory requirements for the proposed potable water system flushing program. Task 4 -Project Management The purpose of this task is to provide management of the project team and general correspondence with the City. Included in this task are scope development, monthly invoicing, budget and schedule review, and general administrative tasks. Assumptions • The budget includes a project kick off meeting with City staff. • The budget assumes a six month project length. Deliverables 1. Invoices will be submitted monthly. BUDGET The overall Not-to-Exceed Budget for this task is shown in Table 1. The work will be billed on a time and expenses basis under the terms of the MSA Master Agreement far Professional Services using the current and projected billing rates from the 2007 Schedule of Charges. Rates for 2008 have been estimated using a 4% escalation factor. The total budget shall not be exceeded without written authorization. City of Meridian MURRAY, SMITH & ASSOCIATES, INC. Stormwater Analysis T.O.2 October 2007 Engineers/Planners 4 F:\BD\Clients\Meridean, ID\Stormwater Progam Analysis 10-OTScope\SWPM_scope of work final.doc Table 1 Labor Hours and Total Project Costs C~ Task Number Labor Subconsultant Total Cost Hours FeeslEz enses Task 1-Document Review 76 $1,960 $10,766 Task 2 -Storm Drainage System Invento 188 $1,150 $19,582 Task 3 -Interpretation of Regulatory Status 60 $3,170 $10,114 Task 4 - Project Mana ement 56 $100 $ 5,548 Project Totals 356 $6,380 $46,010 TIME OF PERFORMANCE The completion date for submittal of the fmal letter is six months from Authorization to Proceed. It is anticipated that it will take up to 4 months to obtain a written response from the EPA. MSA will make every effort to complete the work in a timely manner; however, it is agreed that MSA cannot be responsible for delays occasioned by factors beyond its control, nor by factors that could not reasonably have been foreseen at the time this Task Order was executed. CITY OF MERIDIAN HURRAY, SMITH & ASSOCIATES INC. sy: By. ~ Title: Date: Title: ,J.~e.r~ :~fP~~c Date: /o ~ y~ ~' City of Meridian HURRAY, SMITH & ASSOCIATES, INC. Stormwater Analysis T.O.2 October 2007 Engineers/Planners g F:1BD1C]ientsU~Ieridian, [D~Stormwater Program Malysis 10-071ScopeISWPM_scope of work_final.doc November 2, 2007 MERIDIAN CITY COUNCIL MEETING November 7, 2007 APPLICANT ITEM NO. S-U REQUEST Change Order No. 1 to Agmt for Professional Services with Civil Survey Consultants, Inc. for design of Lanark /Commercial Water Line Connections for a cost not to exceed $6500.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See attached w Date: Phone: _ Staff Initials• Materials presented at pubOc meetings shall become properly of the CHy of Meridian. ~Y` , ~`~9 .~ Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer CC: File Date: 11 /1 /07 Re: Proposed Agenda Item for November 7, 2007 City Council Meeting The Public Works Department respectfully requests the following item be placed on the November 7 City Council agenda, under Consent Agenda, for Council's consideration: Chance Order #1 to agreement for Professional Services with Civil Survev Consultants Inc for design of Lanark /Commercial Water Line Connections Recommended Council Action: The Public Works Department recommends that City Council approves Change Order#1 to the Agreement for Professional Services with Civil Survey Consultants, Inc. for design of Lanark / Commericial Water Line Connections for a cost not to exceed $6500. Thank you for your consideration. Please contact me if you have any questions regarding this item. • Page 1 CITY OF MERIDIAN CHANGE ORDER NO. 1 33 EAST IDAHO PROJECT NO. 615 MERIDIAN, ID 83642 DATE: 11/1/2007 EFFECTIVE DATE: 11/1/2007 CONTRACT CHANGE ORDER CONTRACTOR: Civil Survey Consultants PROJECT: Lanark /Commercial Water Line Connections The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Desciption: Additional design services. Reason for Change Order: Unanticipated rework due to easement and UPRR issues. Attachements: None CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 23,915.00 Original Contract Time: na Net changes form previous Change Orders Net changes form previous Change Orders No._ to _ (calendar days) $ - Contract Price Prior to this Change Order: Contract Times prior to this Change Order: (calendar days or date) $ 23,915.00 Net Increase (decrease) of this Change Order: Net Increase (decrease) of this Change Order: (calendar days or date) $ 6,500.00 Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $ 30,415.00 na RECOMMENDED: (CONSTRUCTION MANAGER) ACCEPTED: (CONTRACTOR) By: By: Date: Date: APPROVED: (CITY PURCHASING AGENT) COUNCIL APPROVAL By: Keith Watts Date: Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Will Berg Jr. Date: Date: • • November 2, 2007 MERIDIAN CITY COUNCIL MEETING November 7, 2007 APPLICANT ITEM NO. S-V REQUEST Budget Amendment for Heritage Theatre Complex 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 #re City of Meridian. • ~ ~ ~ ~ w +~ o g ~ ~ ~ ~ tl ~ ~ IA ~ p 8 O ~ ~ T ~ qq x 0 ~ ~ ~ ~ 11 tl 1 l N C O ~ ~ ® ( 7 ~ ` m ~~ a ~m ~ ~ ~~. ao` ~ ~ °~ v_ . m ,3 ` ' -y O A !~ m1 --~ p ~ O j ~ i ` '/~ ~6 f ' ~-iTl `9 s (`~\~ ~ a ~' m ~ ~°' ~ ' ~ m , ~ m ® ~ ^ m z ~. T ~ ~ v .. ~ ~- ~ ,t, ~ 1.; ~. ~ D ~ ~ ins v ° mo, ~ g ~ g ~ u ~ y rt ~ ~ j ,z' ~ ~~ O ~ m v i ~'~ ~ ~ '~; a ~~,~ nO a ~~ ~ 3 ~ . 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J ooorn r r r K 'O m a N r r O r w w ~ w r r C in o o ~ m y r OD W N \ \ \ r r N UI N OD \ \ \ N N N O O O O O O Ol J 01 N ~ N ~ ~ ~ O O O O O O O O O z z z ~ ~ ~ E ~ ~ x x x ~~r~ z~ua+ N N r H H a m v ~ ~ ~ ~ ~c~r~ rt ~ r r F+- N W W rt r r r r~ 0 0 m n ~ ~ ao z z E ~ m m ~ m p. r• M M O w r- O ~ rr rt n rt t4 tq O fD (D n H .3 a a Oi R f* R ~ fD N a ~u r a 0 0 0 r r ~ N r r r w w w r r to o 0 .~ 01 iP \ \ r N r OD O~ m \ \ \ N N N O O O O O O J J J W W W ~P ~P ~P OD OD OD O O O O O O m w o w x m a p '~ x~ m o w x: r rt~ c W fD ~ n w ~ ~ Ql N n K C n01 nfA y ~a n ~`~ ~a ~ na ~-~ nw Z O~ C M O~ ~ O p °* w t0 3 a ? °* a ~' n r s m n o n a o e p 7' r w o o' ~ i0 w l0 a o a ~. o ~. 0 0 m m R R ro 0 m n a c~ m m n a r r m n ~ N3 n ,-~ O n '~ a g 7 ~ m ~ a r CI b R H o 0 a ro n n r• C W rt K J ..t V O 0 0 r N 01 ~P 111 O l0 O N ~O O O lO 0 0 ~o 0 0 ~o ro ~O 0 0 0 m ~ ~ o w o N N r ~O ~O O~ m W J iP w o v O O W O 0 0 0 0 0 - -• o ~ n ~ ~ z ~ 0 0 0 ~ ~ ~ 0 0 0 v N a r Oo r N November 2, 2007 MERIDIAN CITY COUNCIL MEETING November 7, 2007 APPLICANT ITEM NO. $-W REQUEST Contract Amendment for New Heritage Theatre Company. 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. 11/07/07 WED 10:43 FA% 2083830182 ~ II)I.A~ 1~~=~ GILE & ASSOC. CITY OF MERIDIAN CONTRACT AMENDMENT r~~~~.~ 0 ~ ~~~~ I;:;i~y ~~~ iVl~~ ~ca~~ G~i~_y ~;l~r~ ~1~a;~ 002 CONTRACTOR NAME; The New H eritage Theater Company ADDRESS: ~""- - 723 Taylor Meridian. ID 83tr42 - DEPARTMENT NAME: MAYOR ~~~: _.. 33 E. Idaho kleridian, IfJ 63642 CURRENT CONTRACT 1 FOR51ATfON• .---~-W"-- "-' Ame°dmerlt ~' 11!6!07 Previous Amendments: 1 . Current Contract Datea: ST/U2T: COMPLETION: x/2007 Currant coMrad Amount (lrtclasfire o/Prevtorrs /tmmratrrtertts to Date): s3s•a99.ao CHOOSE ONE AMENDME COLUMS BELOW either "STANDARD AMENDMENT' or"AMENDMENTTO EXERCISE OPTION TO RENEW" and check off any applicable am d t d en men s un er that column. STANDARD AMENDMENT AMENDMENT TO EXERCISE rtpT10N T RENEW (Check a--B~at aenn~t LCheck afllhatAnnk~) _~. _ Amendment ro Contract Performance (5cape) _ Amendment to Contract Performance ~ Amendment ro Connract Dates _ Amendment to Contract Dates __ C~_ Amendment ro Contract Amount _ Am~dment to Contract Amuuat _ Other. (Explain) _ Other: (Explain) DESCRIPTION OF REASON FOR AMENDMEN?: (/Ittalah a/J releven! documentatJ d t ilh on e a tg atrnendmert~; Decrease Contract amount to x3$925.99 6 pertarmanees, 3 day and 3 evening to be hold from 11R/OT through 11 )ZO)07. The Cl will be res nsible for rovidin food to the actors and condudin an stwe~s_ NEW CONTRACT INFORMATION• - Amendmern Date: 1'1!6/07 New Contract bates: tiTART: 31912007 COMPLETION: 11~2QI2QD7 Atnou»t of Amendment Change a X2'273,07? Current Contract Amount (lnclrtslve of PrevlousAmerrdmentsto Date): a .9 ALL OTHER TERMS AND CONDITIONS OF THE ORIGNAL CONTRACT AND PREVIOUS AMENDMENTS REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT: CITY OF~ BY: / T Y de RD, MAYO New Fierlta a Theater COm y IDY CAVANAUG CTOR Dated: ~`\`\~~~':i're~IP°rra<er,. Dated: Ap~oved hY Council• ~.® ~~ ~g `~•` ~+ ~ ® =~..,• ~ ~~ Attest: = ~pProved C'ty as to Content c .~ ~~ ~`EITH WATTS, PURCHASlN~ AGENT LLIAM G. BERG, JR.. C C RK ., .~ ~~' T ~ ~~ ' ,~`~° sue' ., .* ~~~ ~ .` ~~~rrrarrt~ nittie~~~~'. November 2, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING November 7, 2007 APPLICANT Mayors Office ITEM NO. 6-A-1 REQUEST Habitat for Humanity 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: fd~ OTHER: Contacted: Date: Phone: Emailed: Staff initials: Materials presented at public meefin~s shall become property of the City of Meridian. November 2, 2007 MERIDIAN CITY COUNCIL MEETING November 7, 2007 APPLICANT ITEM NO. 6-A-Z REQUEST Reappointment of Phillip Liddell to Parks & Recreation Commission AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: ,/ CITY WATER DEPT: J' CITY SEWER DEPT: ~ (~(,~ ~1~ 1' CITY PARKS DEPT: ill ~ ~ ( ~ MERIDIAN SCHOOL DISTRICT: h.j { l Q b P ~ ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY e CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. Parks & Recreation Commission Seat Expiration Dates COMMISSIONER: Bruce MacCoy Gary Shelley Jon Cecil (Shelley B) Creg Steele Tom LeClaire (Andee S) John Nesmith Jim Keller Phillip Liddell Sara Steele (MYAC) APPOINTED: EXPIRES: 10/2006 06/2007 08/2007 10/1999 06/2007 01/2006 10/2001 06/2007 05/2007 10/2009 10/2009 10/2009 10/2008 10/2008 10/2008 10/2007 10/2007 10/2007 Parks & Recreation Commission Revised August 31, 2007 a November 2, 2007 MERIDIAN CITY COUNCIL MEETING November 7, 2007 s APPLICANT REM NO. 6-A-3 REQUEST Senior citizen Grant Project Request for Building Fee Waiver AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: COMMENTS 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: rte- ~e~- ~~~~ Contacted: Date: Emailed: Phone: ~~wi uuuws: Materials presented at public meetings shall become property of the City of Meridian. p.O.13ox 606 133 Ujest i3roadwaY Meridian, jp 8362 Phone: 208-888-5555 Fax: 2os-s8s-9135 seniorsPn6o@Yahoo.COm 11-8-07 ~yp~ 0 0 2007 ~1 ~ Y ~F Ii~IERII~IAI~ cal C{_~I~r~ eF-=erg` Mayor Tammy de Weerd and Meridian City Council 33 E. Idaho Ave. Meridian, ID ~_ ~~ ,- ~:~~': ~~ Cindy Hill Coordinator Dear Mayor deWeerd and Cauneil, The Meridian Senior Center is requesting a building fee waiver from the City for the following projects l~`ront door and ramp, replacement windows, and cooling system for the kitchen. These projects are under the Community Block errant which was awarded to the Senior Center in 2006. Sincerely, "- EJ~Q'~ Meridian senior Center "Where seniors ire ~41~ays j~eicome" Cindy Dill Coordinator • November 2, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING November 7, 2007 APPLICANT Planning Department ITEM NO. 6-8-1 REQUEST Budget Amendment for East 3rd street extension alignment study. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See a~Ftached 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 meelMgs shall became properly of fhe City of Meridian. • ~t ~~ ~it 3~ ~~ i [~ b ... O v J 1 ~ Q a~ +~~1 1~ IIUJ ``~~~ •~~ ~~ ~~ .~ 4d ~~ r~ ~~ - ~; ~:-:~ ~ ~:..., °'ti ~a ~',, ~ r~ '~ ~ ., ~` Q ~ cp e _1 \ ~, ~~ ''~ i~ ~i. y/ ~i ~,~ ~~%, c~~ a w ~ ti~ ~eS ~~3 ~~ s ~~~ ~~~ ~. ~a~ ~~~ ~~~gg ~~?3 z~~ ~~'~ ~3 c v • • November 2, 2007 Department Report MERIDIAN CITY COUNCIL MEETING November 7, 2007 APPLICANT Public Works Department ITEM NO. 6-C-1 REQUEST Tabled from October 23, 2007: Cooperative Construction 8 Reimbursement Agreement for f+lorth Black Cat Trunk Sewer with Brighton Development, Treehaven, LLC, Primeland Development Group, LLC & the City of Meridian: Approved on October 26, 2007 by City Councl Special Meeting. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: Approved 10-26-07 CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become properly of fhe City of Meridian. • • November 2, 2007 FP 07-026 MERIDIAN CITY COUNCIL MEETING November 7, 2007 APPLICANT Treehaven, LLC ITEM NO. 8 REQUEST Tabled from October 23, 2007:Final Plat approval for 140 single-family building lots & 21 common lots on 89.70 acres in R-2, R-8 8~ R-15 zones for Jayker Subdivision No 1 4042 West Chinden Blvd: Approved on October 26, 2007 CC Spc 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: Approved 10-26-07 1 ~, ~~ ~~ Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Mertdlan. • November 2, 2007 FP 07-032 MERIDIAN CITY COUNCIL MEETING November 7, 2007 APPLICANT Canterbury Commons, LLC ITEM NO. 9 REQUEST Tabled from October 23, 2007:Final Plat approval for 192 multi-family units on 48 building lots 8~ 1 common lot on 13.99 acres in an R-15 zone for Canterbury Commons Subdivision-South of West Pine Ave and East of North Ten Mile Rd. AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Previous Item Packet /Minutes ,~ ai Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the C(ty of Meridian. C November 2, 2007 MFP 07-006 MERIDIAN CITY COUNCIL MEETING November 7, 2007 APPLICANT Tuscany Development, Inc. ITEM NO. 10 REQUEST Final Plat Modification of the approved fencing for Messina Meadows Subdivision No. 1 -Eagle Road approximately 1 /2 mile north of Amity AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See attached Staff Comments No Comments See attached Comments Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. November 2, 2007 MERIDIAN CITY COUNCIL MEETING RZ 07-015 November 7, 2007 APPLICANT Linda Loehr ITEM NO. 11 REQUEST Rezone of .28 of an acre from an R$ residential zone to an O-T zone for 6th and &oadway Property -532 East Broadway Ave. 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: See attached P&Z Item Packet /Minutes See aHached Recommendations ~V ~~~ INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Affidavit of Postin Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • • November 2, 2(m7 SHP 07-007 MERIDIAN CITY COUNCIL MEETING November 7, 2007 APPLICANT Dave Evans Construction ITEM NO. 12 REQUEST Short Plat approval for 3 condominium units in one building in o C-G none for Bonito Lot 15 Condomfnfum -2971 East Copper Point Dr. AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See aHached Stag Report /Response ° No comments See attached Commerrls See attached Comments Date: Phone: _ Staff Initials: Materials presented at pubNc meetings shop become property of fhe Ctiy of Meridian. CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF REPORT: HEARING DATE: November 7, 2007 E IDIANI%--- TO: Mayor & City Council ' Cp FROM: Kristy Vigil, Assistant City Planner 208-884-5533 Scott Steckline, Development Services Coordinator~~ 208-898-5500 SUBJECT: Bonito Lot 15 Condominiums Request for Short Plat Approval of Bonito Lot 15 Condominiums consisting of 3 Commercial Condominium units within 1 building in an existing C-G Zone by Dave Evans Construction (File# SFIP-07-00~. We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Dave Evans Construction, has applied for short plat approval of 3 condominium units within 1 building on 0.178 acres in a C-G zone for Span owhawk Condominiums on Lots 12 and 15, Block 1 of Bonito Subdivision No. 3. A building permit has been issued and the building is currently under construction. Bonito Lot 15 Condominiums are located south of Overland Road and west of Eagle Road at 2971 E. Copper Point Drive in the NE % of Section 20, T.3N., R.lE. The subject property meets all of the applicability requirements as stated in UDC 11-6B-SA and is eligible to be processed as a short plat. Staff recommends approval of Bonito Lot 15 Condominiums Short Plat with the comments and conditions stated in this report. PROCESS FACTS a. The subject application will in fact constitute a short plat as determined by City Ordinance. By reason of the provisions of UDC 11-SB-3, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: October 22, 2007 and October 29, 2007 c. Radius notices mailed to properties within 300 feet on: October 19, 2007 REQUIItED FINDINGS FROM UDC 11-6B-6 SHP-07-007 Bonito Lot 15 Condominiums SHP.doc PAGE 1 ! ~ CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT In consideration of a short plat, the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan; The Comprehensive Plan designates the future land use of this property as commercial. The current zoning district of the proposed plat is C-G (General Retail and Service Commercial District). The proposed subdivision plat complies with the Comprehensive Plan B. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that public services aze available to accommodate the development. Water and sewer services have already been installed with the Bonito Subdivision No. 3 improvements. Fire, police, solid waste and irrigation services are all adequate. The adjacent public roadways have been completed to the required design and approach standazds. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvements program; Staff finds that the subdivision will not require the expenditure of capital improvement funds. All sewer and water extension for this area were planned to be developer driven. All required utilities aze either in place or will be the responsibility of the developer. D. There is public financial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for providing supporting services. The developer and/or future unit owners will finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the future tenants will be fire and police services. E. The development will not be detrimental to the public health, safety or general welfare; and Staff does not believe that any additional traffic or noise will be generated with the approval of this plat; the approval for the subject buildings was previously granted. This subdivision will not be detrimental to the general welfaze of the public in the surrounding azea. Staff finds that the subject subdivision will not involve uses that will create nuisances that would be detrimental to the public health, safety or general welfare. F. The development preserves significant natural, scenic or historic features. Staff is not awaze of any significant natural, scenic or historic features associated with the development of this site that the Director and City Engineer should be aware of. PLANNING & PUBLIC WORKS DEPARTMENT -SITE SPECIFIC CONDITIONS Revise or add the following plat notes on the face of the plat prepazed by Toothman-Orton Engineering Company, and dated 10/02/07: 9.) Include instrument number. 18.) Include survey number. *.) Revise to read on sheet (4) Four "...This Plat of "Bonito Lot 15 ~ Condominium. . SHP-07-007 Bonito Lot 15 Condominiums SHP.doc PAGE 2 • CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 2. Complete the Certificate of Owners. 3. Comply with all conditions of Bonito Subdivision No. 3. 4. Comply with all conditions of the Ada County Highway District as they relate to this short plat. 5. Staff's failure to cite specific ordinance provisions of the Unified Development Code does not relieve the applicant of responsibility for compliance. GENERAL CONDITIONS 1. Plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. STAFF RECOn'IlVIENDATION Staff recommends approval of the short plat for Bonito Lot 15 Condominiums Short Plat (5HP-07- 007) with the above stated comments and conditions. EXHIBITS 1. Submitted Short Plat (2 pages) SHP-07-007 Bonito Lot 15 Condominiums SHP.doc PAGE 3 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT ~~~~ !' ; ~ ~b ~ ~ ~ ~~ ~, ppp ~ , n ~ ~` ~ s nas xmo ~ of O eo~~~°c ~S~i~ I ~ Q~ ~ ~ b ~ ~ ~ +~ ~ `bl ('~ I ~ ~ I ~~ ~~~ddd ~ ~ u~ u ~ ~ ~9 ~ ~ ~~ ! ~ t i p s';~'"-0,';~.~~~=-------- ~ovoroo-~ _,,._~e~-------~-~- n 'rib ~o x - , ~ ~o f~~ ~.~ ~. i n J i ~i ~ ~ ~ ~ ~, ° ~ ~ ~ o i ~' f ~~ ~ '. ~., off. ~ b ~ t~ ~ ~ ~ 0~~~ of ^ 1 ~, /, ~ ~ '$, 4 ~ $ ~ o~, a ~..~ ~ o ac~s'ao'[ - o ~ ti ,~ --- --- s ~accsrto. --- Gay ~~~> - - ~ ~ y p g [O/~ oqP 4y$R C PPC yyppppP !4L t/}~~$p~{yNN 5~y GyPy +~P+~ yY~~Yj P $@p Y o yY $8 p! Y yN g 93fp{C L ~ -+ 41 ~¢ ~ 3 H i Y39y ~~~ F TM4t 6 ~+R ~E RP~ bM ~g ~yRi ~"~t~@. y3~ ~~ ~~ Qg$~~1tl~7RO9~~ iidy N Yl FsFp ~ ~y $iii Ri $$$W @ PPFF P F~MMM F R5 c ~ ~~~b~ a~~' ~ ~~ ~ ~~ +~ ~ ~a $~ ~~ s ~~ ~ ~ a ~ 4 e ~ ~' P A~ZF B g! i3~ ~FI~ ~~ @° FiB ~ ~~ ® ~ ~ $$9 L fl ~$aqq ~ ~sy y ~ r ~P p~5 y ~{ ~ ~T ~ kv~@ _ ~~ ~ fl ~p ~ ~s®® 2~ A9~paA L.~i~ w g ~ ~~~~ ~ ~P ~ ~~ ~ ~ ~~ ~ ~ ~~ ~ ~~~ ~~ ~~~~~% a Exhibit 1 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT W ~, ~ N90'00'00"w ~~ ~r a0.0.0.' JGAO' O.SR o.w ~. I C I ~ K CZ ~ ? j _ - i g ~ f it aoo °'° - V" ! ~,,,• No ,..u• 4 C ° ff.OB' 0~0' 90' V Z O c 4 ~ O O Z m ~ - i I i~ N j O p ~ m ~ 8 ^' O O ° ~ ~~.~~~ y ~ ~ i ~ o~ ~ 'Qa~ p O ~ aov ~,. ~ o aew ~ O ZZ '°°° ! A A ~, 8 ~ '~ = P ~ ~ o K ~ o~. w ~x__ y ,~~ , ~ o ~1 a o i 3.OO,OO.O6N i 9 ~J' AJ' ~IM'N'yl ILWNyr' O ~I ~ i ~~ ' ` ~ D ' Z W °~ O ~ ~ ~' ~6 ~ Z r Z ~$ u ~ S V "''O ~ F , Vl t n YBgg~ ~ ~ ~ ,6~ ° av ., c AB , ~' y g g~ I Z Z 1~ ~ 1 I P ~0 ~^ ' ~ ~ I I I i k ~ o o ~ ~ ~ ~ ' ' ~ ~ ~ ~ ~ Exhibit 1 Bonito Lot 15 Condo staff repot . Page 1 of 1 Tara Green From: Kristy Vigil Sent: Friday, November 02, 2007 9:54 AM To: Tara Green; Machelle Hill; Nancy Radford; Scott Steckline Subject: FW: Bonito Lot 15 Condo staff report Follow Up Flag: Follow up Flag Status: Green For your file. From: Hovde, Jay [mailto:jhovde@toengrco.com] Sent: Thursday, November 01, 2007 4:50 PM To: Kristy Vigil Subject: RE: Bonito Lot 15 Condo staff report Kristy I have reviewed the staff report and conditions. We are in agreement with all of the conditions and comments. Thanks Jay Hovde From: Kristy Vigil [mailto:vigilk@meridiancity.org] Sent: Thursday, November O1, 2007 4:08 PM To: Hovde, Jay Cc: Bill Johnson; Bill Nary; Joe Silva; Kenny Bowers; Machelle Hill; Ron Anderson; Tara Green; Ted Baird; Will Berg; Machelle Hill; Nancy Radford; Scott Steckline Subject: Bonito Lot 15 Condo staff report Hi Jay, Attached is a copy of the short plat staff report for Bonito Lot 15 Condominiums. Please submit a written response to the staff report to me prior to the Council meeting on November 7, 2007. Thank you, Kristy «Bonito Lot 15 Condo SHP.doc» 11/2/2007 CENTRAL ~~ DISTRICT ~1'HEALTN DEPARTMENT CENTR~DISTRICT HEALTH DEPA1'~"fMENT Environmental Health Division Rezone # Conditional Use # Preliminary /Final Sti Retum to: ^ Boise ^ Eagle Ga ity Meridian ^IC~ma ^ACZ ^ ~. ^1. We have No Objections to this Proposal. OCT 31 2007 City of Meridian ^2 We recommend Denial of this Proposal. C6ty Clem Office ^3 Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^4. We will require more data conceming soil conditions on this Proposal before we can comment. ^5. Before we can comment conceming individual sewage disposal, we will require more data conceming the depth of: ^ high seasonal ground water ^ waste flow characteristics ^ bedrock from original grade ^ other ^6. This office may require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ^7. This project shall be reviewed by the Idaho Department of Water Resources conceming well construction and water availability. ^& After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^9. The following plan(s) must be submitted to and approved by the Idaho Department of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^10. Run-off is not to create a mosquito breeding problem. ^11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^12 If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ®13. We will require plans be submitted for a plan review for any: ® food establishment ^ swimming pools or spas ~ child care center [..beverage establishment grocery store ^14. Please see attached stormwater management recommendations ^ 15. Reviewed By. Date: ~O /~2/ ~Z Review Sheet 15728.OOtEH0904 CENTRAL ~~ DISTRICT ~THEALTN DEPARTMENT Rezone # ®CT 3 ~ 200 Conditional Use # pity mf A9eridian i' @f@ Preliminary / Fina Short PI sit' ~ -®®~ Retum to: ^ Boise ^ Eagle ^ Garden City Meridian ^Kuna ^ACZ ,~®i+/a~?'® ~ ~~' ~irl~aorarrlire vti .suBdiVLS'ar! ^ $~ ^1. We have No Objections to this Proposal. ^2 We recommend Denial of this Proposal. ^3. Speck knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^4. We will require more data conceming soil conditions on this Proposal before we can comment. ^5. Before we can comment conceming individual sewage disposal, we will require more data conceming the depth of: ^ high seasonal ground water ^ waste flow characteristics ^ bedrock from original grade ^ other ^6. This ofhce may require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ^7. This project shall be reviewed by the Idaho Department of Water Resources conceming well construction and water availability. ~8. After written approval from appropriate entities are submitted, we can approve this proposal for: central sewage ^ commun'iry sewage system ^ community water well ^ interim sewage central water ^ individual sewage ^ individual water ~9. The following plan(s) must be submitted to and approved by the Idaho Department of Environmental Quality: ® central sewage ^ community sewage system ^ community water ^ sewage dry lines ®central water ®10. Run-off is not to create a mosquito breeding problem. ^11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^12 If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ~13. We will require plans be submitted for a plan review for any: ~ food establishment ^ swimming pools or spas ~ child care center ® beverage establishment ®grocery store ^14. Please see attached stormwater management recommendations ^ 15. Reviewed By: CENTR~DISTRICT HEALTH DEPA'I~TMENT Environmental Health Division ECEIVE Date:~l ~~ /~ Review Sheet 1572E001 EH0904 John S. Franden, President Rebecca W. Arnold, ice President Sherry R. Huber, Commissioner Dave Bivens, Commissioner Carol A. McKee, Commissioner October 25, 2007 To: Dave Evans Dave Evans Construction 7761 W. Riverside Drive Boise, Idaho 83714 Subject: MSHP-07-007 Bonito Lot 15 Condominiums 2971 E. Copper Point Drive ~~~~'~! E OCT 2 9 20~~ ~yttyyCletk Office The Ada County Highway District Right-of--Way 8~ Development Services staff has reviewed the preliminary plat application for Bonito Lot 15 Condominiums and determined that the District has no site-specific requirements at this time. Attached is a list of Standard Conditions of Approval required by the District. • Prior to final approval you will need to submit construction plans to the ACHD Development Review Department to insure compliance with the conditions identified above or for traffic impact fee assessment. This is a separate review process that requires direct plans submittal to the Development Review staff at the Highway District • A traffic impact fee will be assessed by ACHD and will be due prior to the issuance of a building permit. Contact ACRD Planning & Development Services at 387-6170 for information regarding impact fees. The applicant will be required to pay all applicable platting and review fees prior to final approval. If you have any questions, please feel free to contact me at 208-387-6187. Sincerely, Matt Edmond Planner II Right-of-way 8~ Development Services CC: Project file Meridian City Toothman Orton Engineering Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achd.ada.id.us • Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5. Comply with the District's Tree Planter Width Interim Policy. 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. 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. 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. 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. 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. 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 (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 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. 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 atl rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 o FX 34~-7650 ~ www.achd.ada.id.u~ . ~ s CITY OF - ~~''~~~"yj _ TRANSMITTALS TO AGENCIES FOR COMMENTS ON ~ ~Dni-io DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN tiF c~R f~T~,;~V,.~Y ~~To insure that your comments and recommendations -'I s~d the Meridian City Council please submit your MAYOR comments and recommendations to Meridian City ~~I~ ~ ~ Z®0~ Tammy de Weerd ~ ~i~y ®~ CITY COUNCIL MEMBERS ~ C ~ October 31, 2007 ~~ ~eriCli~ Keith Bird r mirtt~~ral Date: Octo 9, 2007 File No.: SHP 07-007 ~ cT ~ -" Joseph W. Borton earing~a~e~ ~ ISED -November 7, 2007 Charles M. Rountree t.~p hort Plata royal for 3 condominium units David Zaremba ~ (~ ~1~~. .~ ' 1~~ pp for Bonito Lot 15 Condominium CITY DEPARTMENTS City Attorney/HR 703 Main Street 898-5506 (City Attomey) 898-5503 (HR) Fax 884-8723 By: Dave Evans Construction Location of Property or Project: 2971 E. Copper Point Drive 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 Steve Siddoway (no FP) David Moe (no FP) Wendy Newton-Huckabay (No FP) Michael Rohm (No FP) Tom O'Brien (No FP) Tammy de Weerd, Mayor Charlie Rountree, C/C Joe Borton, C/C Keith Bird, C/C David Zaremba C/C Water Department ~~Sewer Department Sanitary Services(No vAR, vac, FP) Building Department /Rich Greene Fire Department Police Department City Attomey City Engineer City Planner Parks Department Economic Dev. (CUP only) Your Concise Remarks: Meridian School District (No FP) Meridian Post Off ce(FP/PP/sHP only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian brig. District Settlers Irrig. District Idaho POWer Co. (FP,PP,CUP, SHP only) QWest (FP/PP/SHP only) Intermountain Gas (FP/PP~sHP only) Bureau of Reclamation (FP/PP~sHP only) Idaho Transportation Dept. (No FP) Ada County Ass. Land Records Downtown Projects: Meridian Development Corp. Historical Preservation Comm. South of RR / SW Meridian: NW Pipeline Boise-Ki~i"d,~PFr~~t4on District CITY I TALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 888-4218 FINANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 8848119 Printed on recycled paper • • November 2, 2007 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Canvassing the Votes for City General Election 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: Mat®dals presented at pubic msetin~s shall become property of the City of Meridian. November 7, 2007 ITEM NO. ~ 3 • • ~E IDIZ IAN+-- ~J UNOFFICIAL RESULTS FROM THE CITY OF MERIDIAN GENERAL ELECTION on November 6, 2007 V~ ~ ~ ~~ ~~~ ~ ~ ~' Precinct #800 #801 #802 #803 Total For MAYOR -Four Year Term James Holtzclaw 3~ Z ~ 7 ~ 2 ~.3 l ~~ 3 Tammy de Weerd "T ~.7 36S ~2®0 ~Jr/ 2~ For COUNCIL MEMBER SEAT #7 -Four Year Term David Zaremba 7O~ - r ~ l~~ ~~Z ~ ~ ~® For COUNCIL MEMBER SEAT #3 -Four Year Term Charles Rountree f'.~ ~~ l ~7~ ~~® 337' h~~~~j Ca ~. 82 z 1018 /~1~. 8®~ ~l°.3 *Unofficial tallies until the City Council canvases the vote on November 7, 2007 meeting. /.~-Gv` ~. , William G. Berg, Jr. - ity Clerk Clf ?~~ City Clerk's Office ~ 33 East Idaho Avenue ~ Meridian, ID 83642 208-888-4433 fax 208-888-4218 • • E IDIAN.--~- UNOFFICIAL RESULTS FROM THE CITY OF MERIDIAN GENERAL ELECTION on November 6, 2007 ~ ~ f ~~~h~d G~o ~;~- y Precinct #800 #801 #802 #803 Total /~ M ar S~ ~® ll ~ l ?o `00 ~~5 d For COUNCIL MEMBER SEAT #7 -Four Year Term David Zaremba For COUNCIL MEMBER SEAT #3 -Four Year Term Charles Rountree *Unofficial tallies until the City Council canvases the vote on November 7, 2007 meeting. William G. Berg, Jr. -City Clerk City Clerk's Office ~ 33 East Idaho Avenue ~ Meridian, ID 83642 208-888-4433 fax 208-888-4218 O J J m W J a Q z O w J w J ,Q W w C3 _~ U z ,~ _Q ~ ~ N ~ ~ w ~ ~ ~ O ~ ti m E O ~ > o U Z -SAMPLE BALLOT City of Meridian, State of Idaho November 6, 2007 INSTRUCTIONS: To vote for a candidate make a cross (X) in the small square to the right of the name for which you wish to vote. If you tear, deface or wrongly mark this ballot, return it and get another. Mark only with pencil or pen. You may write-in, in the space provided, the name of any declared write-in candidate for the office to be voted. You cannot vote for more than the number given for that office. MAYOR: Four Year Term (Vote for One) Tammy de Weerd .................... ^ James Holtzclaw ..................... ^ CITY COUNCIL MEMBER, Seat No. 1 Four Year Term (Vote for One) David Zaremba ...................... ^ CITY COUNCIL MEMBER, Seat No. 3 Four Year Term (Vote for One) Charlie Rountree ..................... ^ ^ This is a base rotation and does notnecessari/y ref/ect the orderin which the names wi//appear on yourba//ot. November 2, 2007 MERIDIAN CITY COUNCIL MEETING November 7, 2007 APPLICANT ITEM NO. ~ 4 REQUEST Executive Session per Idaho State Code 67-2345(1) (f) 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: Matelots presented at pubNc meetings shall become properly of the City of Meridian.