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HomeMy WebLinkAbout2006-02-14• CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, February 14, 2006, at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho `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 best of the ability of the presenter." 1. 2. 3. 4. 5. 6. Roll-call Attendance: Shaun Wardle Charlie Rountree ~ Joe Borton -~- Keith Bird ~C Mayor Tammy de Weerd Pledge of Allegiance by Sara Malaise, President and Katie Killpack, Vice-President of the Local Chapter of the FFA: Community Invocation by Glen Olsen, with LDS Church: Adoption of the Agenda: Proclamation: FFA Week: Consent Agenda: A. Approve Minutes of January 9, 2006 City Council & ACRD Commissioners Special Joint Workshop Meeting: c~~r~a7~orr~. B. Approve Minutes of January 31, 2006 City Council Special Meeting: ~~,~ve C. Resolution No. ~ 6 '" SD 3 :VAC 05-015 Request to Vacate City of Meridian water and sewer easements for Marce Subdivision by James R. Wylie - 3070. Fairview Avenue: ~~ D. Agreement for Professional .Services with Civil Survev Consultants, Inc. for Broadway Avenue, Meridian Road to Fifth Street Utility Replacement: ~~~n~- ~~~h- p vac .c d' h~.1~i~eaC. Meridian City Council Meeting Agenda -February 14, 2006 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 7. • E. License Agreement for the Wastewater Treatment Plant Expansion Proiect: ~~r-dv~c. F. Contract for Expedition Technical Assistance and Pipeline Proiect with CH2M HILL: ~j~®~- G. Contract for South Area Lift Station and Pipeline Proiect with Ashley Land Services: ~~m,~ H. Findings of Fact and Conclusions of Law for Pretermination Hearing for Kelly Krommenhoek, 2735 W. Higan Street: ~~~~ Department Reports: A. Mayors Office -Tammy de Weerd 1. o ng ition ~vwd, B. Parks Department -Doug Strong 1. Discussion of Meridian Youth Baseball and Softball IPr'AIA[!if C'.nct Icc~~oc with Amnnrlrr~nn++.. +he A.^.•......~.....a. 2. Amendment to the Agreement with PAL for Heroes Park: ~~~ 8. 9. 3. Budget Amendment Reauest for Heroes Park Construction: ~~„~,,,,.~,,,..~ ~,~~~ t ~,,,~~ 4. Request for Impact Fees for Heroes Park by Farwest ~'. 6~i1~~. .~,~io..P.,tit - /3,ye Jbl,~~sv-~.. 1 o w~~ Items Moved from Consent Agenda: ~.o~..c- ~~ ~~. c+.~-rxu~ Discussion of Deeding Messina Meadows Park to City of Meridian by Westpark Development: 1~-~-in.r~ l~,,r~ `---e-r-c ~~ o-,~ 10. Tabled from January 24, 2006: Resolution No. ®~ _ ~~ Approving and Adopting Fees for Public Use of the Meridian Police Department Conference Room: ~~,~~~„~, 11. FP 06-002 Request for Final Plat approval of 18 building lots and 4 common lots on 2.06 acres in a R-40 zone for Arnke Subdivision by Mike Amke - 2070 West Pine Avenue: ~fr,,,~,~ Meridian City Council Meeting Agenda -February 14, 2006 Page 2 of 3 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. 12. Public Hearing: Idaho Community Development Block Grant - Meridian Senior Citizen Center: ~.¢a~~ /-e~-„r~`1~ ~~~ ,~S,o 13. Public Hearing: AZ 05-055 Request for Annexation and Zoning of 35.33 acres from RUT to R-8 zone for Ambercreek Subdivision by Dyver Development, LLC -North Meridian Road and West McMillan Road: ~~j-rr-QV~ - ~r~c~~..c ~1~~ c%G 14. Public Hearing: PP 05-057 Request for Preliminary Plat approval of 175 single-family residential building lots and 16 common lots on 35.33 acres in a proposed R-8 zone for Ambercreek Subdivision by Dyver Development, LLC -North Meridian Road and West McMillan Road: c~~v~a,v~ - ~rr~a-mac ~/~ ~ ~1,~ 15. Public Hearing: RZ 05-021 Request for a Rezone of .94 acres from R-8 to C-G and Rezone of .95 acres from R-8 to C-N for Champion Park Addition by Hillview Development Corporation -north of Ustick Road and west of Eagle Road: 7~~c ~/~~~/.~/ ~~~~ 16. Public Hearing: PP 05-061 Request for Preliminary Plat approval of 48 single-family residential lots (24 detached lots and 24 attached lots), 2 commercial lots and 4 common lots on 11.44 acres in the R-8, C-G and C- N zones for Champion Park Addition by Hillview Development Corporation -north of Ustick Road and west of Eagle Road: 17. Public Hearing: MCU 05-004 Request to modify previous Conditional Use Permit for a Planned Development (CUP 02-049) by removing the proposed mini-storage use and including attached and detached single- family dwellings for Champion Park Addition by Hillview Development Corporation -north of Ustick Road and west of Eagle Road: 18. Public Hearing: MI 05-015 Miscellaneous request to modify the recorded development agreement for Parkstone Subdivision (A.K.A Champion Park Subdivision) by Hillview Development Corporation - north of Ustick Road and west of Eagle Road: ~/~~ ~l~ t c%f ~,- ~'r~/ry-ova- # ~~~ 19. Executive Session per Idaho State Code 67-2345(1)(c) (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency): Meridian City Council Meeting Agenda -February 14, 2006 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting February 14, 2006 The regular meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, February 14, 2006, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Shaun Wardle, Keith Bird, Charlie Rountree and Joe Gorton. Others Present: Bill Nary, Will Berg, Craig Caleb Hood, Len Grady, John Overton, Bill Johnson, Doug Strong, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Shaun Wardle X Charlie Rountree X X Joe Gorton X Keith Bird Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and call the meeting to order. It is Tuesday, Valentine's Day, February 14th. We'd like to thank you for joining us and taking away from where ever else you should be on this special evening. So, thank you for sharing it with us. We will begin with roll call, please. Item 2: Pledge of Allegiance by Sara Malaise and Katie Killpack: De Weerd: Okay. Item 2. We will be led tonight by Sara Malaise. She is president of her local chapter of the FFA and Katie Killpack, vice president. If you will all rise. (Pledge of Allegiance recited.) Item 3: Community Invocation by Glen Olsen, with LDS: De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Glen Olsen. He's with the LDS church. If you will all join us in the community invocation or take this as an opportunity for a moment of silence. Olsen: Our Father in Heaven, we are grateful that we can meet together as community members of this great place where we live. We are thankful, Father, for the service of our Council and pray for their -- the blessings of the Spirit to be with them that they might have understanding and make wise choices as they are placed before them this evening. We pray for those who will present and that they might also have the ability to speak their minds and present those things which are important to them. We are grateful for our freedom and for the peaceful community we live in. We are grateful for those who provide that and who -- particularly who remain in harm's way. We are grateful for their service, our military people, our police, our firemen, all those who Meridian City Council ~ • February 14, 2006 Page 2 of 56 provide for the well being of this wonderful community. We pray thy blessings and thy Spirit upon the meeting in the name of Jesus Christ, amen. De Weerd: Thank you for joining us tonight. Now, Glen, I don't know if I have given you a City of Meridian pin before. Olsen: You have, but I would love another one. De Weerd: Well, I'd love to give you another one. Thank you for joining us. Olsen: My pleasure. Thank you so much. Item 4. Adoption of the Agenda: De Weerd: Okay. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: With the permission of yourself and our President of the Council, I would like to add under department reports the Fire Department, Deputy Chief Johnson, would like to talk to the Council and get a response from the Council on the contracted labor through the Forest Service fighting fires, so with your permission I would move that we change the agenda to make one more department report and that would be Item C, Fire Department. Our resolution, which I will also repeat under the Consent Agenda, is 06- 503. And with that I would move that we approve the revised agenda. Rountree: Second. De Weerd: Okay. You have a motion in front of you with an amendment to the agenda. All those in favor, please, say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Proclamation: FFA Week: De Weerd: Okay. Item No. 5. I have the privilege tonight to read a proclamation and that is why we have guests from the FFA and I would like to just come down to the podium. And after I do this -- well, Trudy and Sara, if you want to just come up and stand next to me as I read this proclamation. Okay. Whereas the Future Farmers of America and agriculture education provide a strong foundation for the youth of America and the future of food, fiber, and natural resources and whereas the FFA promotes premier leadership, personal growth and career success among its members, and whereas agriculture education and the FFA insure a steady supply of young professionals to meet the growing demands in the science, business, and technology of Meridian City Council February 14, 2006 Page 3 of 56 agriculture, and whereas the FFA model, Learning To Do, Doing To Learn, Earning To Live, Living to Serve, give direction and purpose to these students who take an active role in succeeding in agricultural education and whereas the FFA promotes citizenship, volunteerism, patriotism, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim the week of February 18th through the 25th, 2006, as FFA week in the City of Meridian in recognition of the success of the Future Farmers of America program in our community, dated this 14th day of February, 2006. And I'll give that to you and thank you for joining us. Malaise: On behalf of the Meridian FFA Chapter, we'd like to present an award to Mayor Tammy de Weerd on her continued support to our FFA chapter. For all her continued support through helping us students gain potential in premier leadership, personal growth, and career success and for these reasons we would like to present this award to our Mayor. De Weerd: Thank you. And a reminder that you have a breakfast on Friday morning bright and early. Thank you for joining us. And you are from Meridian High School; is that correct? Okay. Thank you for joining us. We appreciate that. Item 6: Consent Agenda: A. Approve Minutes of January 9, 2006 City Council & ACHD Commissioners Special Joint Workshop Meeting: B. Approve Minutes of January 31, 2006 City Council Special Meeting: C. Resolution No. 06-503 VAC 05-015 Request to Vacate City of Meridian water and sewer easements for Marce Subdivision by James R. Wylie - 3070 Fairview Avenue: D. Agreement for Professional Services with Civil Survev Consultants. Inc. for Broadway Avenue, Meridian Road to Fifth Street Utility Replacement: E. License Agreement for the Wastewater Treatment Plant Expansion Proiect: F. Contract for Expedition Technical Assistance and Pipeline Proiect with CH2M HILL: G. Contract for South Area Lift Station and Pipeline Proiect with Ashley Land Services: H. Findings of Fact and Conclusions of Law for Pretermination Hearing for Kelly Krommenhoek, 2735 W. Higan Street: Meridian City Council February 14, 2006 Page 4 of 56 De Weerd: Okay. Item No. 6 is our Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Our Consent Agenda, Item C is resolution number is 06-503 and all the agreements, contracts and stuff, has been signed by the contractors and all is in place for the Mayor to sign and the Clerk to attest and I move that we approve the Consent Agenda as noted. Rountree: Second. De Weerd: Okay. The motion is to approve the Consent Agenda. If there is no discussion, Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 7: Department Reports: A. Mayors Office -Tammy de Weerd 1. De Weerd: I have the privilege tonight -- and it's kind of an executive privilege I have taken. It's, on Saturday, my grandfather's 100th birthday. So, in recognition of that, our City Clerk as done an absolutely fantastic job of doing a recognition and proclamation in his honor. That is in recognition of Marshall Ike Eichenberger's 100th birthday. Whereas in this day and age that a 100th birthday is a major milestone in anyone's life, but especially for one that has grown up and raised a family in this valley and whereas Marshall Ike Eichenberger will tum 100 years old on Saturday, February 18th, 2006, and whereas he is the last living member of the first graduating class of 1924 in Melba High School and whereas he is one of the last true pioneers with many everlasting adventures and experiences growing up in Melba and the Treasure Valley, therefore, I, Tammy de Weerd -- okay -- Mayor of the City of Meridian and granddaughter, do hereby proclaim Saturday, February 18th, 2006, as Marshall Ike Eichenberger day in the City of Meridian in recognition for his 100th birthday celebration. And I will be with him in Sun City in Arizona to celebrate that with our entire family, my sisters, and his extended family, which he has several brothers and sisters still living as well. So, I appreciate you allowing me this executive privilege and this is quite a recognition. I do Meridian City Council February 14, 2006 Page 5 of 56 have another grandfather as well who turned 96 last month. So, as I have told my husband he's got me around for a long time. I think he's excited about that. B. Parks Department -Doug Strong 1. Discussion of Meridian Youth Baseball and Softball Project Cost Issues with Amendment to the Agreement: De Weerd: Okay. Item 7-B, our parks department. Mr. Strong. I also might note, my grandfather is still living by -- he and his wife are still living by themselves in their own home and so that's quite a feat. Strong: Thank you, Madam Mayor, Members of the Council. As you may recall, two weeks ago I was here to talk about some of the increased costs that we have experienced in Meridian Settler's Park with the partnership that we have with Meridian Youth Baseball and the baseball complex at that park and discussed the increased cost and the need for some additional park impact fees to cover what we are projecting to be the total cost of our phase one green up of that project. So, I would be happy to discuss -- or review those numbers for you if that's necessary to go back to that, but also a part of what we are discussing was revisions to the agreement that we have with Meridian Youth Baseball to bring that into alignment with the changes that we are making in city funding going in phase one versus the way the agreement was originally written and you should have a copy of that revised agreement for your review as well. So, with that very minimal introduction, I would be happy to answer questions related to this request. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Doug, in your department, with your impact fees and stuff, what is -- first, let me ask what does phase one consist of? Is that ready to play ball? Everything except the concession stand and the lavatories? Strong: That's correct. Bird: Okay. Do you have in impact fees enough to finish that? We can't have it in parts. I'm speaking personally. Strong: We do have -- we have about 958,000 currently un-obligated in park impact fees as of today from our fiscal department. Bird: And Boise Youth -- or Meridian -- Boise. And Meridian Youth Baseball had 300,000, as I understand? Strong: About 315,000. Meridian City Council February 14, 2006 Page 6 of 56 Bird: And what does it cost to finish it? Strong: It will cost -- a total cost of the project estimated right now for phase one is 1,690,000. And as you may recall back in August there was some additional funds put towards this project. We have 768,757 of the city funds obligated at time remaining, with the 315,000 that MID has in their account. That's 1,083,757. So, it leaves 660,243 dollars. Bird: And you just told me you had 900 -- Strong: We have 958,000, I believe. Bird: So, you can cover that? Strong: Yes. Bird: This is one Councilman that would like to see it finished and get done. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: But just the numbers that you just gave us are only phase one and do not include the lavatories or concession; is that correct? Strong: That's correct. And that portion of the development, as you see in the agreement, would be the obligation of Meridian Youth Baseball to complete the buildings and structures on site. Wardle: And I guess we can hear from a representative if they have some, but I'd like to know what kind of a time line that would be. Strong: That's identified in the agreement as phase two and three, I believe, as you go through. I think phase three is the maintenance building. De Weerd: Well, Council, I had told Trace I wouldn't call him up here and put him on the spot, but since you requested, I -- Wardle: I'll request that, Mayor. Rountree: We'd love to hear from him. Layton: Trace Layton, Meridian Youth Baseball. De Weerd: You want to remove your hat, sir? Meridian City Council February 14, 2006 Page 7 of 56 Layton: I just got done with practice. Wardle: Trace, I guess my question -- and my question at the last time we discussed this was with a lifetime of little league baseball under my belt, I know how important those restroom areas are for players and family members and coaches and all those kinds of things and so I just -- is September 2007 that I see in the agreement, is that feasible for Meridian Youth Baseball to have those facilities? Layton: At this time I believe so. Even though I haven't even told Doug this. In the last week I have been working hard on -- that's where we really feel that we can get a lot of in-kind donated labor, donated materials, and not including the equipment as far as concession stand equipment. I'm pretty confident that right now I have got everything donated to build them, except for the block and the masonry work. So, they very well could go in at the same time as phase one. I have still got to get some of that firmed up, because I want to get phase one going before those guys all want to commit a hundred percent to doing this. They kind of want to know, well, when am I going to be donating this labor, you know, now or is it in two or three years and so we are trying to get it done right now, but I can't guarantee it a hundred percent, but I'm very confident that we can do it. Wardle: Okay. De Weerd: So, Mr. Bird, do you have any questions to elaborate on that? Bird: No. I think it's very capable of -- being involved in -- with the building of the Legion field, the restrooms and the concession stands and the announcer's booth was the least of our worries. Getting the -- we got a lot of that donated and got that up at the same time we was able to open and I think Trace can -- I think it will come through for him. I just want to get it finished. I don't want to see it out there half finished and it's something that -- that park was -- in '92 was originally bought for baseball and sports and I think that's the last thing we have got on it and that's what it was basically bought for was because -- to give youth baseball some more fields that they dearly need. So, I'd just like to see it get -- whatever the rest of the Council feels like, I'm one that -- let's get it built and we know that Meridian Youth Baseball will work, we will take care of it, and it will, five years from now, look better than what it did when we opened it up. De Weerd: So, Council, would it be in front of you tonight and maybe let facility -- restroom, concession stand and some associated costs. appropriate to go ahead and consider the request Mr. Layton and Mr. Strong work on the restroom whatever, and bring that back with a time frame Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Meridian City Council February 14, 2006 Page 8 of 56 Wardle: I guess my opinion is the agreement and the revisions are fine, I just wanted to know, you know, if that's a solid date and if Trace says he can meet and even maybe beat that, I'm comfortable with moving forward. De Weerd: Okay. Any other questions? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: Just a question for Doug. I could have one for Trace, but I'll let him go. Would you require a budget amendment first to apply the additional six hundred and some thousand dollars to finish phase one? Strong: Madam Mayor, Members of the Council and Councilman Rountree, I believe that in order to add this amount of money it would require Council -- or an amendment to the budget, so -- De Weerd: Yes, it does. Rountree: Thanks, Doug. I guess from my perspective I agree with Councilman Bird that we have waited long enough, the costs keep going up, we have the money in the bank and we are not earning interest as fast as inflation is causing the cost of construction to go up, so the time is now. Let's get it done. Wardle: Is that a motion? Bird: Second it. Rountree: If you need a motion, that's a motion. Bird: I got a second. De Weerd: Okay. The motion is get it done. Rountree: Geyer done. De Weerd: Geyer done. Strong: That means the money is a part of that motion, then? Just want to be sure. The additional funds are part of the motion? Rountree: Do I have a specific amount? Strong: Well, we have identified a specific amount. Meridian City Council February 14, 2006 Page 9 of 56 Rountree: Okay. Do I have it here? Strong : You can round it off. Up would be good. Rountree: Six hundred and what? Nine thousand? Strong: It's 606,243. That's very specific, so -- Bird: 610. Rountree: Madam Mayor, I would move that we approve a budget amendment for the Parks and Recs. Department in the amount of, not to exceed $610,000 for the completion of Settler's Park phase one. Bird: Second that. De Weerd: Okay. In addition to the get 'er done, we do have a motion to approve budget amendment for the Parks Department. Is there any discussion? Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Now, I assume that that was the amendment to the agreement on the get 'er done. Bird: Yes. Rountree: Yes. 2. Amendment to the Aareement with PAL for Heroes Park: De Weerd: Okay. Thank you. Thanks, Trace. Okay. Item No. 3. Or -- yeah. Actually, Item No. 2. Strong: Thank you, Madam Mayor, Members of the Council. This is a very minor update to the agreement with PAL and the soccer complex development that is underway at Heroes Park. As you recall, back in August when additional money was approved by Council for this particular project, what you approved was to pave the parking lot and so the way our agreement with PAL was written, at that time the parking lot was going to have a temporary surface. So, this became an obligation of the city to put in the parking lot and pave the parking lot, which is different than the original agreement. So, it's just that one area of the agreement that's changed. So, it's to update the agreement to reflect that. They are still performing the portions of the agreement that were initially identified and the city has been performing on the other Meridian City Council • • February 14, 2006 Page 10 of 56 portions of the agreement, with the exception of having a change to reflect that we are also paving -- installing and paving the parking lot. So, with that I would entertain questions. De Weerd: Mr. Wardle. Wardle: Madam Mayor, Doug, is the reflection on item numbertwo -- or is the change in item number two reflective of the request for item number three or are we getting ahead of -- Strong: Item number three is a part of the Heroes Park development, but it's a new issue that's emerged since the original agreement was put together, so -- Wardle: I guess my question is are we going to -- if we consider item number three, do we need to, then, re-amend item two again? Strong: No. I don't believe so. Wardle: Okay. De Weerd: Okay. Any other questions? Bird: I have none. De Weerd: Okay. Do I have a motion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we accept the amendment to the agreement with PAL for Heroes Park. Bird: Second. De Weerd: Okay. The motion is to amend the agreement with PAL with Heroes Park. Any further discussion? Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. 3. Budget Amendment Request for Heroes Park Construction: De Weerd: Thank you, Will. Okay. Item 3. Meridian City Council February 14, 2006 Page 11 of 56 Strong: Thank you, Madam Mayor, Members of the Council. I have asked park superintendent Elroy Huff to talk about this particular item and the details of what we are requesting under Item 3. Huff: Madam Mayor, Members of the Commission -- or City Council, just to let you know, I brought my Valentine with me tonight. She's never been to a City Council meeting, so she gets to see how things work. De Weerd: Well, what a great way to spend your Valentine's Day. Huff: I had to drag her along. Bird: That's better than chocolate. Huff: I promised her that she wouldn't go to sleep. Anyway -- so, to get down to business, I'm just requesting 31,585 dollars as an impact fee budget amendment to Heroes Park relating to some issues that came up there with some street issues with some old drainage pipe that goes under street that goes off property. It's the overFlow for the lake. We had some piles of spoils out there that came from an unknown source somewhere in Lochsa Falls. I couldn't trace it down. It happened after the bid was let. That amount of soil that was there can show up there in a few days if you're not on the site and we weren't all the time. So, you get just stuck with something and as soon as you go talk to everybody they all shut up and, then, nobody else drops anymore stuff there. It's kind of interesting sometimes. The 20,000 that you see on here is a contingency. We have been asked by Ada County Highway District now to sleeve that old pipe under the road. It's an 18 inch pipe. We got to slide a 12 inch inside of that. That's a strong enough pipe that if that one fails everything will be okay there. And if that works fine, that's good. We have tried to figure out the integrity of that pipe and, hopefully, that will slide through there. If there is a problem with that and we have to dig up the street, that's where that contingency is. I hope that we don't have to do that. I have done as much investigation as I can, other than we haven't slid any pipes down the thing to see -- we think it will be fine. But just another note of interest here. On this project, since that started, we had a little deal worked out with PAL to do some excavation on the irrigation lake and a few other items there and when we got ready to start the contract this fall it got to the point where they weren't able to get those things done. Those would have been extra cost to us in change orders and we had a good talk with PAL about those things and they went ahead and paid those and so we had some extra things in there from PAL that they paid. It amounts to over 18,000 dollars. So, they have been really good on this project to help us with things and I've just enjoyed working with them. It took us a little while to get going. There is a lot of excavation going on in there right now and so we should have grass seed going. The first time we get things going -- if the weather will permit. We have about a half of an irrigation system to still be installed and I know the contractors faunching at the bit to get out there. I was out there today and it's just a little bit too muddy to get on right on the top. And so we are looking forward to that. For this year's budget I have 111,000 dollars in there and with that we will plant at least somewhere in the neighborhood of Meridian City Council February 14, 2006 Page 12 of 56 150 trees on that site with Eagle Scout projects, things like that, I have got working. Thirty picnic tables. Anew 30-by-60 shelter. And about 30 trash cans. So, come fall about time that soccer is ready to go -- there won't be a restroom and stuff there, but there will be enough stuff there to handle the load of a 490 some car parking lot. So, that's where I'm at tonight. So, I would request an impact fee amendment to Heroes Park budget of 31,585 dollars. De Weerd: Council, any questions for Mr. Huff? Bird: I have none, Mayor. De Weerd: Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move we approve the request for impact fees of 31,585 for Heroes Park. Bird: Second. De Weerd: Okay. Motion to approve the request for 31,585 dollars. Any discussion? Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you so much. We appreciate you bringing your wife to share in this special evening. Huff: Thank you very much. Rountree: You better watch what you get for the next holiday. 4. Request for Impact Fees for Heroes Park by Farwest, LLC: De Weerd: Okay. Item No. 4. Mr. Nary, I believe you are covering this. Nary: Thank you, Madam Mayor, Members of the Council. You have a letter on your laser fiche from Wilson and McColl. I did speak with a representative from Farwest, LLC, this evening and they weren't able to get a representative here. You have this letter in front of you. I don't know if you have all had an opportunity to read it. I can summarize it very quickly. Basically, when the Lochsa Falls Subdivision was proposed and part of the ground that was being proposed that is now Heroes Park, a portion of it was to be donated and a portion of it the city was going to purchase at a fairly reduced Meridian City Council • February 14, 2006 Page 13 of 56 price, especially in today's market per acre. The strange thing in the development agreement that was imposed at the time indicated that the impact fees that were collected from Lochsa Falls would be applied towards the purchase price. It didn't just indicate all the impact fees, but ones just from that. There was some -- I guess some changes in the partnership that brought -- or brought the Lochsa Falls Subdivision -- some of that property has been removed and put into a different project that eventually became Kelly Creek. So, the city has been taking all of the Lochsa Falls impact fees and applying it and reimbursing the developer, but what they are asking is is there will be a shortfall based on the number of lots that have now been re-adjusted due to these changes and, therefore, they are asking for reimbursement for the full amount of what was contemplated at the time. You know, it certainly makes sense as to what they are requesting. If you would like to have a member from Farwest, LLC, be present, I told them I would ask you if you wanted to set that over, I'd notify them of the date that they could be present in the future. If you think there is enough information here for you to take some action, that's certainly within your prerogative to do. But that's the basis of the letter in a nutshell. If you have any questions I hope we could answer those for you. $120,157.50 is the difference. De Weerd: Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I do have a question. Bill, do we -- did you find out if under the Gibson Fulfer deal, did we collect the impact fees on that, too, and was that credited to Lochsa Falls or how was that done? Nary: From what I understand, the ones -- once it became not a Lochsa Falls project, those impact fees are collected, they just weren't credited towards this purchase. So, the city did collect impact fees from all of these projects, just that the way this development agreement was worded at the time indicated the only ones that would be reimbursed were from the Lochsa Falls project. Bird: Yeah. That's what -- I mean I just -- De Weerd: Okay. Any other questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Bill, is this -- have there been other occasions like this where this has happened, where there has been a shortfall and, if so, how was that treated? Meridian City Council • • February 14, 2006 Page 14 of 56 Nary: Madam Mayor, Members of the Council, Councilmember Borton, I'm not aware of another one. I think because it's not -- it isn't common for the city to have dedicated specifically like this. I don't know -- I can't recall specifically why it was done in this particular fashion, but it isn't common. Normally, the impact fees are simply reimbursed towards it. It generally works out on a one-to-one basis as was contemplated. Here because the property changed hands and the development changed a little bit after the deal was struck, is the reason for the shortfall. But normally, no, I don't believe I can recall in the last five years this type of request, it's just that most of them don't get specific to this degree in saying it has to be this project. There is some language that was contained in there that talks about requesting reimbursement if the city ever went to zones and the city doesn't have any zones currently for parks. They look at parks in the global scale for the entire city, so we collect impact fees city wide for all city projects and I think what was anticipated at the time of this agreement was that if that potential existed, it would still give them the ability to request beyond Lochsa Falls, because it was determined that this park would be serving more the Lochsa Falls Subdivision, then, the city would be free to, then, reimburse from other -- other impact fee zones. Again, we don't have any zones, so that never happened, but it was contemplated at the time that if it did, then, the city would be free to reimburse from other areas or pockets where they would have gotten impact fees. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Bill, in the original, Gibson and Fulfer property was included in that. Nary: Yes, sir. Bird: So, basically, we would be living up to the agreement if we used those that they received and that gets it back to the right amount of lots. Am I not right on that deal? Nary: Madam Mayor, Members of the Council, Councilmember Bird, that's correct. I think realistically what they are asking is just simply an adjustment and a request for a budget amendment to take it out of the impact fee account. Again, we don't have zones, so we collect all the funds from the city and put it in one pot and, then, divvy it out for different projects and budgets in particular for different reasons. But, yeah, you're exactly right, if you took the same amount from Kelly Creek and those other subdivisions that were developed, North McMillan and Ten Mile area, it would, essentially, be the same result of what was contemplated at the time. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Mr. Nary, the purchase -- the original agreement on purchase price was not changed; correct? Meridian City Council • February 14, 2006 Page 15 of 56 Nary: That is correct. No, it has not. Wardle: And, essentially, we have -- from what I hear, we have collected fees already and are in the impact fee area, just not specifically under the same name. Nary: Correct. Wardle: Okay. Nary: Yes. All they are contemplating in their letter is that if we stuck to this specific language, that once they have built out Lochsa Falls and there is not a large number of lots remaining, they will still have the shortfall of 120,000 dollars. De Weerd: Okay. Any other questions, Council? And we are looking for direction. Nary: Madam Mayor, Members of the Council, if you want to -- if you feel comfortable based on the letter and the information that's been provided to make a decision, you're free to do that. If you would prefer it have a representative from Farwest, LLC, in case you have other questions or concerns, you certainly can reset this to another day. I will notify them of that specific date and they will have a person here. So, it's really up to you. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I'd like to ask Director Strong if the parks has any -- if they agree with this or if he - - you know, I'm sure he does, because -- Strong: Madam Mayor, Members of the Council, and Councilman Bird, in my review of this and review of the legal department, it looks like a reasonable request. I'm certainly not an expert in these situations, but it looks like the way it sorts out would make sense. Bird: You're okay with that, then? Strong: Yes. Bird: Okay. De Weerd: Thank you. Any other discussion? Rountree: Madam Mayor, I just need clarification, I guess, from Bill. All of the fees have been collected to make this difference in the other subdivisions that have been developed since this property changed hands or are there more fees to come towards this and the way I read the agreement, if that's the case, then, would that not Meridian Citv Council February 14, 2006 Page 16 of 56 necessarily apply all of the -- the differences at this point, but simply maybe an amended development agreement, to have those fees payoff as stated in the agreement? Nary: Madam Mayor, Members of Council, thank you for clarifying that, because I think that's probably what I left out. What they are asking is that the Council approve that the fees be collected -- as the fees are collected that they be made whole for the total amount of what the purchase price that was contemplated when the park property was purchased from the -- by the city. They recognize that we aren't necessarily giving them a check for 120,000 dollars. That as we are continuing to collect, Lochsa Falls isn't completely done. All they put in this letter is saying once it is there is no shortfall. We are still collecting fees from Kelly Creek and the surrounding subdivisions as they develop. So, all you would be authorizing is that the city would make them whole, complete the full purchase price and apply the fees as collected from the other subdivision or out of the park impact fee account to make this whole as they have been collected and contemplated. Does that make sense? Rountree: Uh-huh. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: To make sure -- it makes sense to me. So, it's not necessarily an allocation of collected impact fees right now, it's more recognition that impact fees as they are collected in the future, will still be allocated to cover that. Nary: Councilmember Borton, that is correct. Yes. As they are collected they can be, then, reimbursed to them as it comes through the city. Borton: Does that require action now to approve that or is that something we just need to be aware of and, then, when those -- when Lochsa Falls is finished with its sales that that gap be filled in at that time. Nary: If you would -- if you would prefer, I mean they can certainly request to amend the development agreement for that portion. If you think -- because you're correct, if you -- I think what they are seeking now is your -- Council's action saying you're going to concur with their request, you will authorize that the future collection of impacts fees, until this full amount is reimbursed to Farwest, LLC, that they be paid from those impact fees that guy collected. Again, it doesn't have to be from one specific subdivision, it can be from any of the impact fees that are collected, but they would be reimbursed as these get collected. If you want it in a different formula, we could ask them to bring what their proposed formula or timing is. You can ask them to bring a development agreement amendment in conjunction with your motion to concur with the request, but requires them to amend the development agreement to reflect that and the timing and any of those options are certainly available to you. Meridian City Council February 14, 2006 Page 17 of 56 De Weerd: Okay. Any further information needed? I will need a motion to act on this. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move that we -- that we -- I guess inartFully worded -- concur with the request for Farwest to be made whole, along with the original intent of the development agreement, but that an amended development agreement be brought forth for the Council to reflect that concurrence and the city's obligation to make them whole for the entire impact fee amount in the shortfall. Bird: Second. De Weerd: Okay. The motion is to approve the request and bring back an amendment -- an amended agreement. Mr. Nary, is there any further information you need? Nary: No, ma'am. De Weerd: Okay. Any discussion, Council? Mr. Berg, will you, please, call role. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. So, as I understand it, we will come back with an agreement, but will you also notify the accounting department of this? Nary: Madam Mayor, I will. C: Fire Department - Mr. Johnson. De Weerd: Thank you. Thank you, Mr. Strong. Okay. Item 7-C. Fire Department. Mr. Johnson. Johnson: Thank you, Madam Mayor, Members of the Council. Tonight I'm here to discuss with you the equipment rental agreement with the Idaho Department of Lands for assistance on wildland fires throughout the summer. A couple of weeks ago they approached us to sign this agreement, which we have not done in the last several years due to costs that would be incurred by the city and fire department, because of the way the agreement was written. What they want is to rent a piece of our fire apparatus to go up to a fire out of McCall where it's threatening structure, use a Meridian fire crew to help protect these structures. The way the contract used to read was it was a flat fee for the apparatus and equipment and our contracted labor costs through the union and stuff, would actually end up costing the city more money. So, they went through and Meridian City Council February 14, 2006 Page 18 of 56 amended how they do their payment and stuff, where we can now send an un-operated piece of equipment up there, call it that. They will give us a flat hourly rate for that piece of fire apparatus. Then, they will reimburse us for employee costs to make us whole, including the benefits cost of this. This is the way that they have come around to get it, so the departments like Meridian, Nampa, Caldwell and Boise can actually sign onto this agreement, so we aren't expending large amounts of City of Meridian dollars, to be up fighting fire anywhere in the state of Idaho. Basically, what they want us to do, again, is to assist with protecting structures out there in the wild land, say in the Lowman area where certain members of our department own property. That was kind of a side note there, but -- you know, so we can help these other rural communities that can't help themselves. Basically, what we are asking for tonight is just Council's approval to sign this rental agreement. One note is just because we sign this agreement doesn't guarantee that we will get called out. Last year there were no fires that required a call out. A couple years ago the Atlanta Fire had some equipment called out. What we are proposing is one of the older fire engines, Engine No. 306, which is the one we are currently trying to sell, be the piece of equipment when we ran out and, then, approve -- total staff with the off-duty personnel that would be covered in this contracted cost and, basically, we would be just going to a fifth as needed. It could be for two or three days or it could be two or three weeks and we'd rotate our personnel to insure that we didn't incur any home staffing costs, we'd send guys that were on their four days off to allow them to go up, work the fire, and, then, bring them back in time to work their regular shift. De Weerd: Okay. Council, any questions for Mr. Johnson? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Has legal counsel reviewed this rental agreement? Johnson: Not that I'm aware of. Rountree: Thank you. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Chief Johnson, would the employees be acting as employees of Meridian fighting their fires or would it be like a second job? Under whose control? Johnson: We would be kind of -- we would be working for Idaho Department of Lands under a rental agreement. We would have a Meridian supervisor up there watching the crew for their safety, but we'd actually be reporting under the incident command system Meridian City Council February 14, 2006 Page 19 of 56 to whoever was in charge of the fire, whether it be Idaho Department of Lands or the federal forest service. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If I'm right, Mr. Johnson, they pay the money to the city and we issue checks to the employees; is that not right? Johnson: That's the way I understand it, Councilman Bird. Bird: Yeah. That's the way I understood it last time. De Weerd: Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: For me I like the idea -- I don't have a problem, but I think it makes sense to have legal counsel review any agreement before approval was given to make that obligation. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I would make a motion and see if this would be acceptable. I move that we enter into a contract with the Idaho land for firefighting rental contract upon the approval of legal staff. They got to get it back before next week. Wardle: Second. And discussion? De Weerd: Yes, Mr. Wardle. Wardle: Mr. Nary, is that language in the motion okay or do you need our approval after your recommendation, Iguess? Nary: Madam Mayor, Members of the Council, Councilmember Wardle, I think what you probably want to do is you want to approve the Mayor signing the agreement subject to our review. Is there -- what I'm hearing Mr. Bird say is there a date that they want confirmation we are willing to do this? Johnson: Mr. Nary, Madam Mayor, yes, there is. I'm not sure of the date myself on this. I do know that they came to us a couple weeks ago and, basically, what Chief Meridian City Council February 14, 2006 Page 20 of 56 Anderson has asked me to do is to get your guys' blessing for him to sign the contract, not necessarily the Mayor to sign, and I'm here acting for the chief. Nary: Yeah. I'm thinking it's probably better, Council, if your motion is to authorize the Mayor to sign without you seeing it again, the Mayor to sign upon our approval. If there is an issue of any concems to you, we will bring it back to you next week. I don't -- have never seen it, so I don't know. There probably isn't anything, but I want to make sure. But I think you would be sounder, because of what's being asked and personnel being -- basically going outside the city, you're probably better off having the Mayor sign that, rather than the chief sign that. But if you authorize the Mayor to sign it, based on your motion, as long as we can review it and approve it, then, you won't have to have it back before we have another signature, so -- Bird: The motion maker has no problem with that, if the second agrees. Wardle: Second agrees. De Weerd: Okay. Rountree: Madam Mayor, just a point of concern I would have is that the liability situation that the city is in in that arrangement, praying that it would never happen, but we had that extremely unfortunate incident a few years ago with Kuna and a wildland fire situation, and hoping that would not happen to our firemen, but to make sure that not only the city, but our employees are protected in that situation and their families. So, that would be my caution. Nary: Certainly. De Weerd: Okay. Rountree: And I do have a specific interest in that. De Weerd: I would say so. Okay. Any further discussion? Mr. Borton. Borton: Madam Mayor, along with Councilman Rountree's concems, to the extent it's going to be reviewed by counsel and signed before it comes back, I would only throw out that I would hope that each and every expense, every dime, every nickel and penny that could possibly be incurred by the City of Meridian or its employees in any way covered in contract be considered when generating the rental price or rate or whatever it is we are going to reimburse. That every nickel and dime be accounted for. It's a pretty great service that we would be providing and helping with, so with that I think it's a good idea. De Weerd: Council, since there is no time element on this and we do meet next week, I appreciate that there is -- Meridian City Council February 14, 2006 Page 21 of 56 Bird: I think there is a time element on it. De Weerd: It has to be signed before next week? Bird: I think it was something like February 13th, if you want to know the truth, and that's went by. Johnson: I'm not seeing any dates, but Ican't -- and Chief Anderson didn't tell me of any, but I know that they are wanting it back as soon as they can, so they can get their mobilization list built and stuff before the fire season does hit. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I would say that, certainly, the motion to me seems fine. If the Mayor finds that there are additional issues, she cannot sign the agreement and, obviously, bring it back and we will put it on the agenda next week for discussion. De Weerd: Okay. I feel comfortable with that. Mr. Nary, I guess if there are serious concerns we can bring this back to Council next week and -- Nary: Certainly. De Weerd: Okay. Okay. We do have a motion on the floor. I will ask Mr. Berg to, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 8: Items Moved from Consent Agenda: De Weerd: Thank you. Okay. There were no items moved from the Consent Agenda. Item 9. Discussion of Deeding Messina Meadows Park to City of Meridian by Westpark Development: De Weerd: Item No. 9 is discussion of deeding Messina Meadows Park to the City of Meridian by Westpark Development. I guess, Mr. Strong or Mr. Nary? Nary: Madam Mayor, Members of the Council, I wasn't here -- I think this came up sort of on the fly last week was what I had understood. I don't know if anybody talked to Westpark and asked them to be present tonight. Berg: Yes. Meridian City Council • February 14, 2006 Page 22 of 56 Nary: Oh, there is somebody here. Okay. De Weerd: Okay. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I guess just from an agenda item, it was an issue that had come up from the applicant's request. We have heard this issue a number of times. They re-requested an audience before the Council and that's why you see it on No. 9. De Weerd: Okay. Would you like to come forward? Please state your name and address for the record. Neiffinger: Trent Neiffinger. 1240 West Barrymore, Meridian, Idaho. 83642. De Weerd: Thank you. Mr. Johnson had requested that this -- a decision be made on the park donation and so we just put this on the agenda. Do you have any additional information to present to Council or -- Neiffinger: I do not. I have something I sent last week over. It's a donation versus reimbursement sheet. I don't know if you guys have that still. De Weerd: I didn't notice it in our packet. Neiffinger: I have one here if you would like to look at it. De Weerd: Can you, please, give that to the city clerk. Neiffinger: You bet. Wardle: Madam Mayor? De Weerd: Yes. Wardle: This is in your final plat item. If you look under -- at the bottom there, final plat, comments, a-mail from Trent is the document. De Weerd: Okay. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Meridian City Council ~ • February 14, 2006 Page 23 of 56 Wardle: I guess maybe just to kick it off, my recollection of this project was when I understood we last left this was not what the cost to develop the park would be or reimbursement was, but was whether it was a suitable park for the city to take over, given some of the issues that we brought up in past conversations. So, if someone else has a different recollection, let me know. Rountree: That's my recollection that the question was, were we going to get a park or a maintenance headache. Bird: And that was mine, too. De Weerd: Council, I believe there were a couple of items, though, that we did ask of the developer in distinguishing what the donation actually was, what would be the additional considerations in what wasn't covered that we saw the pictures, such as the trees and parking and that sort of thing. The document that you have on your screen in front of you is the donation value of what the developer appears to be willing to do as part of the donation and what would remain in developing the park to be a city amenity and that would be the -- the additional information in front of you as well. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Trent, as a new guy can you give me the thumbnail sketch of what happened to this property, if anything different, that the city is not maintaining it and it's just maintained by the homeowners association? Neiffinger: So, if we don't deed it to you, what will happen to it is what you're asking? We will probably continue to make it a park. I think what we will do is move the community pool that we have in a different location inside of the subdivision into the park area, so we can free up a building lot. But we will probably build it pretty much the same, minus a few things. Probably the bathroom and the baseball backstop, things like that. Just minor things that for us, for just a neighborhood park, we don't see as being something we would spend money on, but if it's something that we would donate to the city we would be more than willing to build the bathroom. The bathroom building is 125,000 dollars. We would be willing to do that if the city was willing to take it and maintain it. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: You would be reimbursed for that bathroom expense, though? I mean the city would be paying for the bathroom. Meridian City Council February 14, 2006 Page 24 of 56 Neiffinger: We would pay for it up front, yes, and, then, we would ask for reimbursement of it. Borton: So, other than a baseball backstop, it would be more or less the same? Neiffinger: I think so. Yes. Be very similar. We would continue to have a parking lot, because of the swimming pool and the playground. We would plan on doing that, along with the swing set. De Weerd: Okay. Any other questions, Council? Okay. Thank you. Neiffinger: Thank you. De Weerd: Mr. Strong, do you have anything you would like to add? Strong: Madam Mayor, Members of the Council, just as a way to recall what we last discussed about this park, there was concern expressed about the maintenance of the park. If it's -- if we build the park it would be built to city specifications and we expressed at that time that we didn't have any particular concerns with the ability to maintain it in the same fashion we maintain other city parks. There was a question about the donation value versus what the city would be paying out in impact fees. The restroom building that's shown is, essentially -- it's building the same restroom that we build in neighborhood parks now, that we will be starting construction on in Champion Park within a few weeks. So, it's the same design specification, using, actually, the same -- the same engineering documents that we use -- that we'd modify if it from the restroom we build at Champion Park. So, we know that the cost is pretty solid for what they are showing there for those -- those pieces of construction that would be left to the city. So, as we expressed last time, we don't have any particular concerns about maintaining the park if the city should assume it. De Weerd: Okay. Strong: It will be built, essentially, the same as we build other neighborhood parks. De Weerd: Thank you, Doug. Any questions for Mr. Strong? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Doug, just one question. Can you tell me a little bit about the differences or opportunities available to the city or loss to the city with this park as far as the ability to use it for city rec activities, baseball programs, other activities, it's a city park you can maintain and control and utilize it versus with homeowners you couldn't? Meridian City Council February 14, 2006 Page 25 of 56 Strong: Madam Mayor, Members of the Council, and Councilman Borton, when it's in city -- city ownership we certainly can reserve the shelter for different city functions. Anybody in the city could reserve a shelter there, just like any of our other parks. They can reserve the play fields for practice for soccer or baseball, and if they want to know that they have a secure time to use the field they can do that online through our office. So, it would be, essentially, managed like any other city park that we have currently in our inventory. Currently south of the freeway -- and it's one of the attractions to this park or any park opportunity we have south of the freeway, we have -- we have Bear Creek Park and the Kiwanis neighborhood park that we are building next to Mountain View High School and that's, essentially, the acreage we have south of the freeway right now. So, that is an area of growth that there is certainly an advantage to gaining more city park space south of the freeway. De Weerd: Well, I guess, Doug, to elaborate on that, as a neighborhood park what population will this park serve, other than the houses in that vicinity, and Messina probably Village and Meadows? Strong: Well, Madam Mayor, Members of the Council, typically a neighborhood park by design and what's described in our Comprehensive Plan is to serve a mile square radius of that neighborhood park primarily. So, it's located in the neighborhood, it certainly would serve that neighborhood very well, because that -- it's about smile -- it's located right in the center of the neighborhood. It will reach out to Eagle Road and south. So, as it develops south of the freeway it certainly can extend beyond that mile radius. Just as an example, we have an increasing request for lacrosse fields, because currently in the Meridian School District lacrosse is not a sanctioned high school sport, so they can't use high school fields for the practice or games, so they are coming to us looking for space for lacrosse. And certainly in a park this size you can fit a lacrosse field in there for their games or practice. They are currently using the field at Chateau Park for lacrosse practice and games and schedule for that. We have a request from the Mountain View High School lacrosse team for a place to play lacrosse. They typically prefer to stay south of the freeway when they are looking for field space. The closest we would have for them when it's complete by some time next September would be the neighborhood park in Kiwanis Park, but geographically -- De Weerd: Since it's right next door that makes sense. Strong: It's right next door. Rather than going to Chateau Park, which we could provide them now, which would be the one space right now that we could provide for them to play. So, it would serve the geography south of the freeway, I guess, is the most condensed answer to that. Crossing the freeway seems to be somewhat of a barrier for people looking for play fields. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Meridian City Council February 14, 2006 Page 26 of 56 Bird: Doug, this sits back in the -- if I recall, it sits back in the middle of the subdivision; am I not right? How many acres was it? Refresh my memory. Rountree: 8.9. Strong: It's about eight, I think. It's changed a little bit, because of the -- they are not tiling that irrigation ditch that goes through it. But that was the proposal that came to you last -- Bird: You know, you say it's nice to use as a field and everything, but do we really want to create that many more car trips through a subdivision? You know, one of the biggest complaints we get is traffic through subdivisions and stuff and you start using it -- the other thing I -- reason on a city park is the location. How many average citizens is going to know where it's at? You know, our parks -- Settler's, Chateau, Tully, all them parks -- Storey -- is by a major road that you can see from a major road and I'm kind of like the Mayor, I think this park will be a beautiful neighborhood park and that's what it should stay is a neighborhood park. That's my opinion. Strong: Excuse me, Madam Mayor, Members of the Council, and Councilman Bird, we do have neighborhood parks that aren't on major roads and, actually, the park that we are building, Season's Park right now, is off Black Cat back in the neighborhood. Chateau Park is certainly not on Ten Mile, it's off Ten Mile on Chateau Street, which is a good collector street to get there. So, neighborhood parks typically are located off the major arterials in town and that's the way they are described in our Comprehensive Plan. Parks like Tully and Bear Creek are located on major roads and because they serve a more active type of participation at the park and they have ball -- baseball fields and skate parks and things like that that attract more activity. So, the neighborhood parks are typically used by the neighborhood and the comparison I like to use is Chateau Park versus Tully Park, because I live right in between them and on any given day I can drive to Chateau and see a much different level of activity than at Tully. Tully is much busier. So, that's the best comparison we have right now. De Weerd: And I think Champion Park is not visible from the roadway either. Strong: It's not and -- it's open on two sides and fenced on two sides as well. Avery typical neighborhood park design. De Weerd: Okay. Any further questions? Bird: I have none. De Weerd: Thank you, Doug. Okay. Council, do you need any further information? Okay. Do you have any direction on this item? Wardle: Madam Mayor? Meridian City Council February 14, 2006 Page 27 of 56 De Weerd: Mr. Wardle. Wardle: After gathering additional information and recalling our past conversations, I certainly -- the value of the park in dollars was never in question to me or the generosity of the developer to be willing to give that to the community was never in question. Certainly, that was never a consideration that I considered. My question was whether this is a good city park for the community in Meridian and as I remember our consensus was at that time we didn't feel it was and I guess this additional information hasn't changed my mind to that respect. Bird: Is that your motion? De Weerd: Any other discussion? Bird: I have none. I've made my statement. De Weerd: Okay. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: For what it's worth, I might be in the -- not having gone through this last summer, I understand the location and situation is not ideal. I understand that additional obligations are imposed on the city by receiving it, but I think Doug's comments, from my perspective, are well taken when we talk about what neighborhood parks -- other neighborhood parks are available here in the community, not all of them being on arterials. I think it's a fine line to draw exactly how accessible an individual neighborhood park must be to be acceptable to the city. I think any opportunity the city gets to obtain dominion and control over some park land, especially in this location, is a good one and a tough one to pass up as the city grows in this area and the recreational opportunities and demands continue to grow, I think it's, all things considered, an asset to the city and I think it's, from my perspective, something that we should accept and agree to and take every advantage and let the community know that it's an additional opportunity for them to recreate and utilize it as we go forward for the next many many years. I think it's a chance we will wish we would have taken. I think it's something we should accept. Those are my thoughts. De Weerd: Thank you, Mr. Borton. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I have probably been the hardest councilman on this particular project to -- in the past in terms of is it really going to be an asset to the city. My issue initially was that Meridian City Council February 14, 2006 Page 28 of 56 there was really little development of the drainage and we have gone from, essentially, no thought about the drainage to a pathway to tiling the drainage and now we have a concept that appears to turn the drainage facility into kind of an area amenity, as well as a parkway. I'm still uncertain, because I do not have, based on the information we have today, how much usable land there is for park activity. I still am concerned about -- it appears the City of Meridian is being put into a position to maintain the entrance to a subdivision. If I can be assured that the usage acreages of this park is somewhere in the seven and eight acres, I think sufficient hearing and learning has been done on the part of the applicant to sway me to accept this particular park, but Ineed -- I need that -- we don't have that information here tonight. We have a statement of 8.9 acres. We have what we typically get that's scanned in that you can't read for a plan view of the park. I heard mention of a swimming pool, but, as I recall, that's in another part of the subdivision. So, I guess I'm moving to be inclined that maybe we have got something here, but I want to see the plan view finally. I want to see a better detail of what, in fact, they are going to do with the drainage facility and if, in fact, it does represent the kind of things we have talked to the applicant about in the past, I would probably move from my previous position. So, I guess I'm saying I'd like a little bit more information. De Weerd: And I think that's very reasonable for the developer to bring back a picture and show the pieces and components in here they say they will construct and with the city's portion will be. A little bit detail. Lieutenant Overton, did you have a comment as well? Overton: Madam Mayor, Members of the Council, I have a concern and I don't know if you have the answers to this or not. With a park that's no longer a community park, but a city park comes cars. I'm not as womed about the trips into the subdivision as I am the parking, which we deal with continually when a park is designed -- a community park is designed for people generally to walk to. If we make it a city park -- I don't know if you have that information in front of you -- what kind of parking facility is there or are we going to be dealing with parking issues in that subdivision when they hold an event there. I just wanted to put that out in front of you. De Weerd: Yes. Would the applicant like to respond? Neiffinger: There is a parking facility there. Is there a picture that came with that -- that document? De Weerd: It's really bad. Rountree: You can't tell. Neiffinger: Okay. Well, there is a parking facility -- I believe it's somewhere between eight and 12 parking stalls, which isn't a lot, but there is approved parking all along the street that the parking lot is on. I don't know if that resolves any concern for you, but I think there is ample parking there. I did a quick calculation on the usable area of the park and the drain -- actually, it's not a drain, it's a canal, I guess. It is 1,755 feet long Meridian City Council • February 14, 2006 Page 29 of 56 and it would be approximately 12 feet wide. And if you calculate that, that's about almost a half an acre. So, if we take a half an acre out of our 8.9, we still have 8.4 acres of usable space around the park. We will also -- if we leave the canal open, we plan on paving to the north of that, so the walkway inside of the park is continuous all the way around. If it's -- if we have to fence the canal, we probably will not pave the area to the north of the canal. So, I don't know if that helps out any, but that would be our usable acreage. And, then, we feel like the parking would be adequate on the street. There is a main collector that is -- well, it's not a main collector, but it is, I guess, a collector street that goes next to the park where the parking lot -- it abuts to it. So, there would be eight spaces in there and, then, additional parking along the side that would be ample for a soccer game or a lacrosse game. De Weerd: Would you be able to come back again next week -- Neiffinger: Sure. De Weerd: -- and present a better visual and -- I think, too, there was a question as to is any of this park at the park part of your storm water drainage or retention area and how would it look and those kinds of things as well. I think that was part of it. Would like to see a landscaping plan. It does say that plant material is part of this. If you could just provide a little bit more information and for Councilmember Gorton's consideration, since he wasn't part of this original application, it just would be nice maybe to have some materials that could give a visual to it. Neiffinger: Okay. De Weerd: In addition to addressing any -- I think that the concern was an entrance from Messina Village into Messina Meadows and that this would have something to do with that. The traffic considerations. The on-street parking. How many spots that that would add to it and what kind of traffic patterns it would add into that collector into the subdivision. Those -- those seem to be concerns that it would be nice to see a visual to gain additional information as well. Neiffinger: Okay. De Weerd: Any other pieces that I missed? Mr. Wardle. Wardle: Madam Mayor, if you would just allow the clerk and I and legal counsel to look at our agendas. We did move a number of meetings -- a number of projects to the 21st. So, maybe the 28th, if that's okay with the applicant. Neiffinger: That's fine with me. I'm new at the game, so I believe that we have final plat approval, so this isn't going to hold up our final plat and as long as that's the case, then, we can wait two weeks, I believe. That would be fine. Nary: Madam Mayor? Meridian City Council February 14, 2006 Page 30 of 56 De Weerd: Yes, Mr. Nary. Nary: Councilmember Wardle is correct, your agenda next week is fairly heavy. Your 28th, although you have apre-council meeting on the 28th, the regular agenda meeting isn't very heavy, comparatively. So, that might be better to wait iwo weeks. De Weerd: We can look at our Council agenda meeting on Friday and see how things fall out and Mr. Berg can, then, notify the applicant. Okay? Neiffinger: Thank you. Item 10: Tabled from January 24, 2006: Resolution No. 06-504 Approving and Adopting Fees for Public Use of the Meridian Police Department Conference Room: De Weerd: Okay. Item 10 was tabled from January 24th. Resolution 06-504. Okay. Was there some remaining issues on this, Mr. Nary? Nary: Madam Mayor, Members of the Council, if you recall, you had asked us to amend some of the wording in the resolution. The resolution is on your computers in front of you. Section two is the portion that we amended from the Public Hearing discussion that you had. We did run this by the police chief. He was comfortable with the language. It was just to be able to give the chief some discretion in waiving all or a portion of the fees for organizations or for nonprofits or for other things, some occasions where we have circumstances where we have to bump a group out of that -- out of using this room, which has no charge, and moving to a room, because your needs or a different commission's needs, we wouldn't charge them a fee in those circumstances, and it was just to give them that flexibility. If the language is satisfactory to you, you can approve the resolution, and if you want us to work on that a little bit more we can certainly do that. De Weerd: Okay. Council, any questions or issues on what is in front of you? Okay. If none, do I have a motion? Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: I move that we approve Item No. 10, Resolution 06-504. Borton: Second. De Weerd: Okay. Motion is to approve Item 10. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. Meridian City Council • February 14, 2006 Page 31 of 56 MOTION CARRIED: ALL AYES. Item 11: FP 06-002 Request for Final Plat approval of 18 building lots and 4 common lots on 2.06 acres in a R-40 zone for Arnke Subdivision by Mike Amke - 2070 West Pine Avenue: De Weerd: Okay. Item 11 is FP 06-002. Mr. Hood. Hood: Thank you, Madam Mayor, Members of the Council. This is a final plat for Amke Subdivision. Just briefly, there are 16 townhouse dwelling lots on approximately two acres. We do have an a-mail handout that I gave to the Council just before the hearing from the applicant stating that they have no issues or concerns with the final plat staff report and I will stand for any questions you may have. De Weerd: Thank you, Caleb. Council, any questions? Bird: I have none, Mayor. De Weerd: Okay. I would entertain a motion, then. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: I move we approve Item 11, FP 06-002. Borton: Second. Bird: Second. De Weerd: Okay. Motion to approve Item No. 11. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 12: Public Hearing: Idaho Community Development Block Grant - Meridian Senior Citizen Center: De Weerd: Thank you. Item 12 is Public Hearing for Idaho Community Development Block Grant for the Meridian Senior Center. I believe we have a representative from Sage. Jennifer. If you will, please, state your name and address for the record. Tomlinson: Jennifer Tomlinson. 1001 South Orchard, Boise. 83705. • Meridian City Council February 14, 2006 Page 32 of 56 De Weerd: Thank you. Tomlinson: Madam Mayor, Members of the Council, we are here tonight for a Public Hearing for phase two of the senior improvement project. A brief explanation of the program. The Community Development Block Grant program was enacted by the Community Development Act of 1974 authorizing HUD to operate this program. It's a federal program distributing funds to Idaho cities through the Idaho Department of Commerce. Cities and counties are the only eligible applicants for this program. This year there are 576,000 dollars for senior and community center improvements with an application deadline March 3rd, 2006, and the handbook will be available for review with the city clerk's office. For phase two of the project we are upgrading the front ramp to make it meet ADA code, installing ADA compliant doors, new windows, and new sound boards in the dining room. Under phase one we completed our top seven priorities, which included a really fantastic new bathroom, ceilings and lighting in the kitchen. An accessible exit from the dining area, modifying the west exit ramp to meet ADA accessibility guidelines. The leaking roof was replaced and a ramp connecting the dining area to the recreational area was lengthened. The garage has just been constructed and completed for the van. And for phase two we are proposing modifying the ramp at the main entrance, because it currently doesn't meet code, and installing -- and also the ramp from the board/computer room to get that one to meet code also. Air-conditioning the kitchen facility. Replacing all of the windows in the building. And replacing 30 inch office doors, as well as the front entry doors. All of the costs have been estimated by a licensed contractor and currently the total project costs are estimated at 79,993 dollars. Planning and administrative costs include -- or are a total of 8,500 dollars, 5,500 for administration and 3,000 for city audit. The construction portion is 71,493 dollars, with a breakdown on your handout. For a total cost of 79,993. We are -- so far we are at 55,000 for the block grant, but we are kind of expecting that to go up a little bit, because we haven't got all of the estimates back on the ramps and we are waiting on Davis Bacon wage decisions, which will probably make them go up. And, then, the Meridian seniors are counting 25,275 dollars for the cost of the new garage as their cash match. And, then, the in-kind audit fee of 3,000 from the city and a private donation of 2,500 dollars from Sage. For a total of 85,775 dollars. A draft application document will be available for review until Tuesday, February 21st at 5:00 p.m. and it will be available at City Hall during regular business hours. Comments regarding the project should be made in writing for the next five days. And following resolution of any comments or questions, the hearing will be closed. So, this hearing will remain open for written comments until Tuesday, February 21st, at 5:00 p.m. De Weerd: Okay. Council, any questions for Jennifer? Bird: I have none, Mayor. Rountree: I have none. Thank you. • Meridian City Council February 14, 2006 Page 33 of 56 De Weerd: Okay. Thank you. This is a Public Hearing. Would the Senior Center care to comment? Are you just here for moral support? Just looking good in the audience? Okay. Since they have no answers, they are just moral support. We appreciate what the Senior Center does in our community. Certainly the phase one improvements with the Community Block Grant and Sage's participation was extremely helpful. It's made a huge difference at the senior center and we appreciate everything you have done up to this point. I guess if there is any public comment, does that need to be in writing or can that be entertained at this Public Hearing? Okay. It can be entertained here. Is there anyone from the public who would like to provide testimony on this application or on this item? Okay. Seeing none, I -- just for the record, this will be continued until the 21st and we will have that on our agenda, then, next week to close the Public Hearing. Mr. Berg? Okay. Well, thank you for being here. Mr. Berg, we don't need a motion, do we, to continue this or we do? I just stated it for the record. Okay. Okay. I don't need a motion to continue this. It is noted in the record. Okay. Thank you for joining us this evening. Item 13: Public Hearing: AZ 05-055 Request for Annexation and Zoning of 35.33 acres from RUT to R-8 zone for Ambercreek Subdivision by Dyver Development, LLC -North Meridian Road and West McMillan Road: Item 14: Public Hearing: PP 05-057 Request for Preliminary Plat approval of 175 single-family residential building lots and 16 common lots on 35.33 acres in a proposed R-8 zone for Ambercreek Subdivision by Dyver Development, LLC -North Meridian Road and West McMillan Road: De Weerd: Items 13 and 14 are a Public Hearing on AZ 05-055 and PP 05-057. I will open these two Public Hearings with staff comments. Hood: Thank you, Madam Mayor, Members of the Council. The next two items on your agenda are commonly known as Amber Creek Subdivision, which is located on the south side of McMillan Road and on the west side of Meridian Road. It is not right on the intersection, however. There is a five acre out parcel right on the comer and I will talk about that here in just another minute. This project is east of Cedar Springs and south of Paramount. There is 35.33 acres and the applicant is proposing to annex and zone it to R-8. The preliminary plat includes 175 single family residential building lots and 16 common lots. There is a mix of lots proposed in the subdivision. Ninety of the lots are alley loaded lots, which are the internal lots here in the subdivision and 85 are single family detached lots. You have got four blocks of alley-loaded lots here and, then, a -- pretty much the perimeter lots are your standard single family detached lots. All of the lots do conform to dimensional standards of the proposed R-8 zone. The average lot size is 5,000 square feet. Nearly 12 percent or about four acres of the site is being set aside for space. Six percent or approximately two acres of the site is being set aside for usable open space. Just a couple of quick things to point out on this plan. One of the comments from ACHD, as well as city staff, was that they move this stub street to stop the long straight stretch of this street, put that in alignment with this micro- path that would, then, lead to their community park here. This is just a private park, but • Meridian City Council February 14, 2006 Page 34 of 56 it being in alignment with the micro-paths and, again, it would stop that long straight street. Another comment was that they provide access to the five acre out parcel at their main entrance here. I just want to point those two out. The applicant has agreed to comply with those at least at the Planning and Zoning Commission level, it's just not reflected on this plan, so I just wanted to point those out. There was no opposition to this project at the Planning and Zoning Commission meeting hearing on the 5th. Subsequent to that meeting, however, we did get -- I did, I talked with Steve Siddoway and he has been in contact with some of the members of the transportation task force and, originally, they wanted to see a sidewalk constructed -- there is a future middle school site on the northeast comer of McMillan and Meridian and I guess I should explain that first. So, in 2007 a middle school is planned to open up there. Staff did require originally and the Planning and Zoning Commission confirmed that the applicant should be required to construct a sidewalk on their property with the first phase of the development. The transportation task force wanted to take it a step further and, actually, have them construct the sidewalk in this general location, the frontage on McMillan Road adjacent to that out parcel. They have just more recent since that time - - there is a memo that I handed out from Steve Siddoway prior to this meeting. To paraphrase that memo, it says that due to some other constraints -- and I'll tell you what the two are right now. One is basically -- this will be the dividing line for the middle school kids that will go to Sawtooth versus the middle school kids that will be on the other side of Meridian Road going to the new middle school -- the new middle school. The other constraint would be the right of way in the Lemp Canal and just being able to actually construct the sidewalk there. The sidewalk -- the ultimate sidewalk is being constructed in Cedar Springs development and other developments further to the west on the south side of that canal. So, really, your sidewalk for the road is detached from this street, separated from the street by a pretty large canal. So, they thought this -- this requirement did not make sense any longer. It was a good idea I think in theory, but the safe sidewalks to schools, it wouldn't appear that having them construct the out parcel sidewalk at this time makes much sense. They still would like to see the requirement for the developer to construct the sidewalk adjacent to their property with the first phase. I think that is it and I will stand for any questions you may have. De Weerd: Okay. Any questions for Caleb at this time, Council? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Caleb, the school district boundaries, as you know -- everyone knows around here, change literally every year. Assuming these kids do go to this new Heritage Middle School, which I think when it's all built out they will. Is that really the only hang up as far as the sidewalk requirement that the kids might not actually be going there? My bet is that they will. Hood: Madam Mayor, Members of the Council, Councilmember, I am not sure of the history of the changing of the district boundaries. These are just proposed boundaries Meridian City Council February 14, 2006 Page 35 of 56 and I'm sorry for the map. It's not very legible in making out the streets. That seemed to be the biggest thing was putting an off-site requirement on a developer, when, in fact, the sidewalk may not be used by those kids. That is a pretty big issue. And, again, the right of way is the second issue is where do you put the sidewalk. If you look at the -- the site plan, the kids are going to have to walk -- the sidewalk that this applicant will be constructing will be on this side of the canal. The right of way constraints -- the existing right of way only goes up to the north side of the canal, so the private property, if the sidewalk were constructed in alignment with the sidewalk that they are -- they will be constructing. That's why I tried to put in this aerial. So, this sidewalk will come in somewhere in this neighborhood. The existing right of way ends up in here. So, there is really no way to have a continuous sidewalk. There is going to be a break, a bridge, or something has got to be able to get kids to that -- the off-site sidewalk somehow. Now, the applicant could construct the ultimate sidewalk and an additional say asphalt walking path up here or something. I mean that is a possibility, but, again, that seems like an awful lot if they aren't going to be using it, so -- I hope that answers your question. De Weerd: Mr. Borton, did that answer your question? Borton: It did. Somewhat. It's just -- I was just curious if the concern is -- or the hesitation for that requirement -- because I think the requirement is a good one, whether he's got to cross it or not, to be on the north side or not. I know for afact -- from my perspective, if I lived there, I'd use it with my kids regardless of where they go to school and play there and practice Optimist football, probably, on those fields. Eventually they will go to school there. So, I think it's a great requirement. I was just curious if the reason that it might not be necessary is solely because the kids might not go to school there. If there was an additional reason, I'm not sure what that is. But if it's a school issue, I just wanted to flush that out. So, you answered it. Hood: Okay. Borton: Thanks. De Weerd: Okay. Would the applicant like to come forward? Would you like to put your board on the stand? Nickel: Madam Mayor, if you can see it, I have got a handout also that has the plat. De Weerd: Could you give one to Caleb so he can put it up on the screen for the audience, so, instead, it will block Mr. Lakey. Nice to see you. And I don't say that often to attorneys, you know. Nickel: Good evening, Madam Mayor and Council Members. My name is Shawn Nickel, 839 East Winding Creek, Suite 201, in Eagle. De Weerd: Thank you. Meridian City Council February 14, 2006 Page 36 of 56 Nickel: Here tonight representing the Amber Creek Subdivision. First of all, I'd like to thank staff for their work. Very seldom do we have the same staff planner get all the way up to the City Council to do the presentation, so just wanted you guys to know that we do appreciate their work and their help getting us to this point. We are requesting annexation and rezone of this property to R-8. There is 35.33 acres. I want to point out that we have accomplished this development without doing a PD. We did -- if you look at the plan on the screen, we laid out this property -- as you can see, we tried to lay out this property and take into consideration the streetscapes. So, as you come in off of Meridian Road we have detached sidewalks throughout the subdivision with tree lined streets and trying to get away from the garage dominated streetscape in favor of that landscaping with the detached sidewalks, have the alley-loaded concept in the middle of the project. We did keep the lots at a greater than 5,000 square feet. All the units will be detached units. In that little packet I brought you is some examples of elevations of the product type. Can you forward to that, please, Caleb. Go through them. That's what you have in your packets. Again, examples of the elevations of those -- of those houses with the alley-loaded garages. Again, the detached sidewalks throughout does provide that -- that nice landscape streetscape. Then if you could go back to the colored plan. What Caleb has put on the board there is, actually, the revised plan. As you can see, we did revise and move the stub street and add the stub street here as requested by ACHD. In addition, Council, we do have an open space plan. It calls for a large open space park centrally located, with a pathway that, as you can see, runs north and south and provides great pedestrian circulation within the development and also provides access on all of our east-west roads to get to the -- to get to the park. Then, if you will put the very bright colored map up, Caleb? This development has been designed to meet the intent of the Comprehensive Plan. I have provided you a very bright colored picture here to kind of show you how this area is developed and approved for development. The bright pink are -- it does represent R-8 development. The orange is R-4 development. In this particular intersection, as you know, you have quite a mix of land uses, in addition to the middle school that will be built in 2007. In Paramount you have general commercial on the comer, with some high density development and, then, of course, the Paramount development with the R-8. We also have more R-8 to our west. This is our project right here. So, you have quite a good mix in this intersection of land use. We believe that the Amber Creek Subdivision provides another opportunity for property owners in this area. Also, keep in mind -- just to point out that a lot of these developments that have been approved in the past were approved as PDs and, again, to stress that we are doing this under the standards of your new zoning ordinance, which does allow us to provide this type of development. The Planning and Zoning Commission did like this plan. They recommended approval of this. Staff concem regarding the sidewalk I believe we can accommodate. I do understand the concerns. I, for one, think it's important to have a connection to all the schools and to provide a safe pathway. What I'm concemed about, if staff would put up that picture of McMillan Road that I have provided. As staff stated, we are providing a detached sidewalk on the south side of the canal. I'm concemed about and what my developer is concemed about is if we do provide a temporary paved pathway on the north side, I'm just concemed about kids walking along this busy street and having that canal on the other • Meridian City Council February 14, 2006 Page 37 of 56 side of them, more so than I am whether or not the kids may or may not go to that middle school. It's more of safety on that pathway right there. However, we will listen to what City Council has recommended and I think we can work -- we can work with the city and with staff on that. But that is our concern with that pathway. And, again, the only other changes we have comment on is on the plan with the stub streets. With that I will stand for any questions you have. We think this is an excellent subdivision. I did provide you with those elevations to show you what we are envisioning and I would love to answer any questions you may have. De Weerd: Council, questions? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: You have got the 20-foot public alleys. Thank you. What's the width on the street there? Nickel: Oh, I'm sorry. Thirty-three foot. Bird: Thirty-three? Thank you. Nickel: Thirty-four foot. Sony. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: On the alleys what's the building setback? Nickel: We are providing to allow 20-foot driveways from the edge of pavement to the garage. You will have plenty of area to park cars. They won't be hanging out into the alleyway. De Weerd: Okay. Rountree: Madam Mayor? De Weerd: Uh-huh. Rountree: Follow up? On the picture you have displayed there, I assume that the property boundary is on the north side of the lateral or canal or -- is their proposal to green that space up or is it going to be what we see there with landscaped sidewalk area on the south side? Meridian City Council • • February 14, 2006 Page 38 of 56 Nickel: Councilmember, it will cleaned up, but, yeah, the landscaping will be on the other side of the canal. There is currently about 12 feet, I guess, of right of way, 15 before our property line. Rountree: I guess my question is, is there going to be anything done on the street side? Nickel: No. Rountree: Then, the green you have on your graphic is not green? It's dirt. Nickel: I'm going to sit down and look at my landscape plan just before I answer that, just to make sure I give you the right answer. Rountree: What are the side setbacks? Are you going to meet the minimum standards? Nickel: Yes. We are not asking for any waivers of the setback requirements. Rountree: Okay. Nickel: To address Councilmember Rountree's question, it looks like according to the landscape plan that there is a small strip of grass on the north side of that canal and, then, there will be a gravel strip along the right of way. Rountree: Thank you. De Weerd: Thank you. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Sony, I was waiting for you to answer that question. Just, first, I'd like to commend you on your presentation. One of the things that I see from this application is that you are providing information that this Council has asked to make their decision. You certainly have been here a number of times. Staff and Council have asked if people in your position can take that just one step further and allow the staff to be able to present that on the overhead, just for future reference. It's great information. One question that I have is -- and my concern is that this is the area which is not your property, which is the ACRD right of way currently; is that correct? Nickel: Madam Mayor and Councilmember Wardle, a portion of that is right of way or will be future right of way and, then, a small portion will be -- is our property. That strip that I talked about on the other side of the canal is ours. Meridian City Council February 14, 2006 Page 39 of 56 Wardle: And I guess my concem is that certainly you have children -- you know, this is a busy street and they will be -- if you put a pathway there, traveling that next to the busy street, I guess my concem for the situation -- and I'm sure that you're well aware of this -- Sawtooth Middle School, this is the only situation that those kids have and they will be traveling on, so, if you're willing to work with staff to allow some sort of transportation for those children, I strongly encourage that. Nickel: And, Councilmember Wardle, I think we are willing to work, understanding that when -- once this property does develop and you know how fast property development is in this town, there will be continuation of the permanent sidewalk along that -- along that boundary and I think what we are talking about as a temporary solution, so -- and I do appreciate your comments about the elevations. What we are hearing from these folks is you're wanting to see what type of quality is going to go into these developments and we are more than happy to provide you with that information in advance, so -- De Weerd: Okay. Any additional questions? Okay. Thank you. Nickel: Thank you very much. De Weerd: Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? If you will, please, state your name and address for the record. Lakey: Certainly, Madam Mayor. Thank you. My name is Todd Lakey. My address is 17 12th Avenue South, Suite 206, Nampa, and I'm an attorney licensed to practice law in the state of Idaho. I'm here on behalf of the applicant. And, Madam Mayor, Members of the Council, first let me say happy Valentine's Day and also express my appreciate publicly for understanding spouses. Covered that. Madam Chairman -- or, excuse me, Madam Mayor and -- Rountree: We will let her know. Lakey: I have two meetings tonight, Council Members, so -- De Weerd: Do you need me to sign a note? Lakey: That might be helpful, Madam Mayor. We can talk about that afterwards. Madam Mayor, Members of the Council, I'm here to just briefly address the off-site sidewalk issue from a legal perspective. In reviewing that requirement and also the case law that is applicable, the courts have couched the appropriate language in analyzing required improvements from a governmental entity in terms such that there must be a rough portionality between the condition imposed and the projected impact of the proposed development. They also state that the requirement must be related in nature and extent to the impact of the project. The focus, Madam Mayor and Members of the Council, is on the impact of the project and how does -- how is their -- or what is the nexus between the impact of the project and the proposed condition. In this case Meridian City Council February 14, 2006 Page 40 of 56 requiring the additional off-site improvement is fairly easy to establish that particular nexus. It's focused on that particular application within the boundaries of the project. Stub streets, sidewalks, all the conditions that cities typically impose. If you go off site, then, it becomes a little more difficult to establish that nexus. Stub streets, for example, aren't extended onto neighboring properties. You don't build the streets for the adjacent properties, but you do put in stub streets to allow connectivity and future development to utilize those. But on the other side of the coin, in traffic studies sometimes you will see a stoplight requirement within a public right of way. But, then, again, that's based on specific findings that usually are a pretty thorough analysis in traffic study. And in this case we don't have that kind of solid data establishing that nexus and as was stated earlier, essentially, we are looking at a project that may not utilize that proposed middle school, in addition to the safety consideration. Furthermore, that empty piece of property is -- as Mr. Nickel stated, will very likely be developed in the reasonably near future. The 2007 requirement -- or 2007 proposed date for the school, again, puts that nexus further out from this proposed project. I think that, Madam Mayor, would conclude my comments. Would stand for any questions. De Weerd: So, in plan English? Lakey: Madam Mayor, the proposal to require the development to fund the off-site improvements does not have that direct connection to the impact of the proposed development, particularly considering that they propose that requirement for the sidewalk based on the middle school that would be constructed in 2007, considering the subdivision will not utilize that particular middle school. Additionally, this school is set to be constructed in 2007 and that particular parcel of property would likely be developed and would be more appropriate to have that particular developer put in that sidewalk. De Weerd: Okay. Any questions from Council? I guess I have a question. Any green space is considered by a parent and a child as open play area and to suggest that the off-site concern should not be a concern because of the placement of this, that there be foot traffic from this subdivision to that open space on the opposite comer I think is short-sided and one of the concerns that this Council -- these elected officials take very serious is our commitment to public safety and community safety. So, I think it does somewhat blow a hole in your contention that there wouldn't be any need to facilitate a safe route to a piece of open space and that's just my own personal opinion on that, but I guess at the annexation stage there is an ability for additional consideration and I think it is in our purview and certainly our responsibility to make sure that situations we create are to keep first and foremost the safety of our public. And I guess that would be my only statement in response to your comments. Lakey: Thank you, Madam Mayor. If I might respond? De Weerd: You bet. Lakey: Madam Mayor, I don't mean to insinuate that off-site improvements are never appropriate. I think, again, what you have to look at is the establishment and the Meridian City Council February 14, 2006 Page 41 of 56 connection between the project and the proposed off-street -- or off-site requirement. What I'm saying is the off-site conditions -- it's more difficult to establish that connection with the proposed project. I'm not saying that they shouldn't be considered or shouldn't be utilized. In this particular case you have factors that make that connection more difficult, considering the fact that it was proposed because of that new school and the time frame when the new school would be constructed. I agree that the open space may be attractive to children, but, again, excuse me, that entire parcel is open space at this point. And, then, I agree also that safety is a legitimate governmental interest and should be considered. I think there was some discussion with Mr. Nickel as well on that part, that practically speaking placing the sidewalk in that 12 foot right of way and funneling the kids between the busy street and canal poses a safety hazard in itself. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Question for Mr. Nary after hearing Mr. Lakey's testimony. Would -- could -- I guess just a brief opinion -- such findings be made through a study of some type and some thorough investigation based on the transportation task force, their experience, their recommendation, the school district, the highway district, and some of the specific instances that we have in -- even in the north Meridian area in retrospect to a middle school and some of the surrounding development, would that -- could that somehow produce some findings which would allow the city to require these? Nary: Madam Mayor, Members of the Council, Councilmember Wardle, I mean Mr. Lakey is correct, I mean what a court's going to evaluate is the nexus when you're going to require an off-site improvement. Certainly that type of study, that sort of analysis this Council can consider in making the decision. I mean, really, I guess maybe to follow up on the Mayor's question in plain English, I think what I'm hearing Mr. Lakey saying is that there is at least a concem from this developer's mind of whether or not to require that type of improvement would fit and pass a legal challenge and, certainly, today I don't know myself or Mr. Lakey can tell you definitively how a court would decide one way or the other. Any other information you gather or what this Council's interpretation of that is, is certainly what a court is going to make their decision upon in how you base your decision on our ordinances. As we have discussed on many other annexations, it, obviously, falls within your purview to decide what is in the best interest of the City of Meridian at this time and whether or not to consider this application and annexation. You are free to reject it or consider it based on any conditions you wish to place. If they are not -- if your concem is over this, as the Mayor stated, in safety and those types of concems, and Mr. Lakey's concems, again, I think is valid, you certainly are free to consider that as well. But I mean any information you can gather, access, as was stated by some of you, the attractiveness of that open space and green space that's immediately adjacent to this property across the street, I mean those are all things you can consider in making your decision on whether to annex this property or not. Meridian City Council February 14, 2006 Page 42 of 56 De Weerd: You know -- and I guess I'm one of those that like to learn from past experiences and we have a couple of incidences that we should learn from and safety is a concem. We have had a developer in off-site develop -- in his off-site improvements put a safety curb that helped with the safety factor and providing a safer pathway for the kids to walk in a similar situation to school and that did help. Those cars would find it difficult to jump the curb and, certainly, they are going to be slowing for a stop sign in that area as well. So, you know, it's an attractive nuisance and sometimes it's the chicken and the egg. If you don't put this here, you're not setting yourself up and you tie them in accordingly to the road improvements or you ask for an intersection improvement before you would consider a development. I guess those are considerations that we have as well. So, I just wanted to share my observation and what I feel that our responsibility to our public and to situations that we may cause intentionally or unintentionally -- I would hate to know some of the lessons we have learned and have a child that is injured or perhaps even killed because that green space on the kitty-comer or what seems kitty-comer to their development was too tempting to not make the right judgment in how they proceeded across the road. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I might have misheard what the applicant had said, but my recollection -- it's in my notes -- indicates that in light of the considerations that other members and myself have talked about, that the applicant would be willing to place that pathway along the north side to the intersection. Is that -- I mean I understand this discussion is academic if that's the case. De Weerd: I can't tell if it was academic or not. Borton: If that's the case -- sure. Nickel: Shawn Nickel again. Yeah. Kind of the way I left it is I'm kind of leaving it up to you. If you would like to see that within that 12 feet of right of way, we would be more than happy to do that. Again, my concem was the safety. My overall concem was requiring off-site improvements and we are lucky in this instance that we do have 12 feet of right of way on this property, but if for some reason say this parcel went all the way out to the center line, we wouldn't be able to get that without getting the permission from an adjacent property owner. That's what concerns me about off-site improvements, because, then, it gives another property owner the power to more easily -- for lack of a better word -- hold the developer hostage to work with them on getting that pathway. That's my overall concerns with off-site improvements. In this case, yeah, if you think it's important to have that pathway, we would put that -- try to get that within that existing right of way on the north side of the canal. Borton: Madam Mayor? Meridian City Council February 14, 2006 Page 43 of 56 De Weerd: Mr. Borton. Borton: I appreciate that for one. I think Mr. Lakey's comments with regard to portionality and the impact on the project relative to the entire project and the nexus necessary is well taken and something I think everyone up here on the Council is mindful of or at least needs to be mindful of every time this type of situation arises. But I agree with the Mayor in the heart of hearts this is a situation where a tie goes to the kids who might be utilizing this intersection and this is a case where we might not -- we need to have that discussion about whether or not there is a right and a court might need to get involved or whether or not the city has the right to impose this requirement. Again, I appreciate Mr. Nickel agreeing to do this. For what it's worth, I can tell you my inclination would be to do it anyway, because I think there is -- if we delayed it and put more research into it, that there would be sufficient evidence to support the portionality that Mr. Lakey mentioned and that there is going to be use and I think this will be a project that we can be -- kind of keep an eye on and see what happens when this path is put in and we look at the use of the children here. I don't think it creates an attractive nuisance. I don't think it's going to entice kids to come near McMillan Road anymore than they otherwise would. That does make it safer. So, I think it's an excellent addition to the project. De Weerd: Okay. Any other questions for Mr. Lakey? Bird: I have none, Mayor. De Weerd: Okay. Lakey: Thank you, Madam Mayor. De Weerd: Do you have additional comments? ,That's always dangerous to ask an attorney. Sony. Lakey: Madam Mayor, no, just to get the note from you after the Council meeting. De Weerd: Maybe it should be from a male. Okay. This is a Public Hearing. Is there anyone else who would like to provide testimony? Yes, Mr. Inselman. Inselman: Madam Mayor, Members of the Council, Gary Inselman representing Ada County Highway District, 3775 North Adams, Garden City. We are all aware that the middle school is coming in and I have been pursuing opportunities to work with developers in the area to improve some of these intersections. This is one -- and I have not had the opportunity to speak with this developer yet. I have spoken with the school district, the developer on the north side, and have had indirect contact with the developer on the east side of Meridian Road. There is interest in trying to improve this intersection. We would propose working as best as we can to get this fully improved before the middle school opens. Obviously, that would require some cooperation from the property owner on the comer with the five acres. The highway district would be Meridian City Council February 14, 2006 Page 44 of 56 willing to purchase the right of way from them necessary to make those improvements. So, that we will be working towards that. Bamng that, a pathway next to the -- between the road and the canal would cause some concern for the highway district if it were, basically, a wide shoulder. If you have traveled east of Meridian Road -- I can't remember the name of the subdivision. Saguaro Canyon. You notice they had to widen McMillan Road and we had to require a guardrail be installed, because it moved the road closer to the canal. That would be, in effect, what would happen in this location, that the shoulder would be widened to provide a walking path. It would make improvements to the road along side the canal. We may be required to, then, require a guardrail along there, because we would be making improvements to the road next to the canal, which would cause us to have to meet current standards regarding those requirements. So, we would have to investigate that and see what the distances were. I just wanted to let you know that we are trying to make a cooperative arrangement with the developers in the area to try and improve that intersection, signalize it, put in curb, gutter, and sidewalks, as far as from the approaches we can go to make it safer for the children before the school opens. De Weerd: I appreciate that. I guess a condition can be found -- when you say you're going to work with the development -- or property owner on the comer and you're improving that intersection, would you, then, connect a sidewalk to this development sidewalk? Inselman: Assuming that the property owner on the comer was willing to grant us an easement to place the sidewalk on the south side of the canal to connect to this development and get it to the intersection, yes, we would have that built with the improvements. But we would not be in a position to condemn to require the easement or the right of way necessary I don't believe. De Weerd: Mr. Nary, I guess with this knowledge could we write a finding that we would ask that some connectivity be made and that that would be worked out between the developer and ACHD in consideration to what the road plans are at the time of construction? Nary: Madam Mayor, Members of the Council, I mean, yeah, I think that's consistent with other types of findings that we have made and if the Council is of a mind set to approve this, that they work out these -- these details about the connectivity with the highway district and all of that. Since they have made an offer on the record about making some of those connections to the comer, I think that's probably adequate. I don't know if Mr. Hood has a different perspective, but it certainly doesn't sound inconsistent with what we have done on other projects. De Weerd: Mr. Hood, do you have any comment on that? Hood: Mayor, Members of the Council, I have no different take on it, I guess, than our legal counsel. I have some reservations, I guess, about, you know, getting that -- acquiring an easement across the five acre parcel. If that doesn't happen, what Meridian City Council ~ • February 14, 2006 Page 45 of 56 happens then. But it's no different -- I think we can make the findings fit whatever motion there is, either way, however the Council decides they want to go. De Weerd: Thank you, Gary. Inselman: Thank you. De Weerd: Okay. Any further testimony? Okay. Mr. Nickel. Nickel: Again, Madam Mayor, Shawn Nickel. And, again, I'm fine with that. Again, I don't want to be held relying on another piece of property to grant an easement or right way, so however Mr. Nary wants to write the condition or the finding, I think it needs to be that we have agreed that we will provide some sort of connection, whether it be on the north side of the canal or working with the highway district, but I don't want to -- again, Idon't want to get locked into relying on that property owner to work with the highway district if they don't want to do that, but to get on the record that -- so it's either/or. We'll let Mr. Nary work that out, I wanted to get that on the record. De Weerd: Okay. And when you get a copy of the findings, make sure you read that. Nickel: I always do. Thank you. Hood: Madam Mayor? De Weerd: Yes. Hood: I may add just in lieu of what Shawn just mentioned, that the -- be in the development agreement is going to be the most appropriate place to include this requirement, if you so choose to requirement it. And I think you can make it be two parts, that unless ACHD acquires an easement to construct the sidewalk in its ultimate location, the applicant shall construct a -- and I don't know if you guys are talking concrete or asphalt, but it is just going to be temporary, so I was figuring asphalt or something like that. From their Amber Creek Drive to the intersection. Then, they are off the hook. If ACHD is able to get that easement, they don't need to make this requirement. But if by chance they hit a snag and this developer is ready to occupy their homes, there is a sidewalk there or an actual path to the school site. At least the intersection. De Weerd: And I guess we can leave it to staff and ACRD and the applicant to make sure we are maintaining the goal of safety and that it doesn't put these kids at further risk. Okay. Any other questions, Council, of the applicant or staff? Okay. No further comment. Okay. I would -- if there is no further information needed, I would entertain a motion to close the Public Hearing on Items 13 and 14. Wardle: Madam Mayor? Meridian City Council February 14, 2006 Page 46 of 56 De Weerd: Mr. Wardle. Wardle: I move we close the public hearings on Items 13 and 14. Borton: Second. De Weerd: Okay. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Any discussion before a motion is made? Rountree: Mr. Mayor? De Weerd: Mr. Rountree. Rountree: I'm going to say it again for you, Joe. I'm not in that big a hurry to annex an issue for the City of Meridian to have to unweave or un-ring the bell on while we have no readily apparent solution. We have issues from the subtleties of a potential litigation if we ask for something that we fill strongly about and we, then, have to craft the right language in some kind of a document to potentially make that happen or not, and it seems to me that we have testimony from ACHD that they would like to have an opportunity for some input as it relates to future development that they generously stated that they would get done before the school is built, so I'm not inclined to vote in favor of approval of this annexation, having stated that. De Weerd: Okay. Thank you. Okay. We have heard from Mr. Rountree. Do I have a motion from Mr. Rountree or anyone else? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we approve Item 13, AZ 05-055 and ask staff to draft Findings reflecting applicant's testimony, specifically the willingness to voluntarily construct a path from Amber Creek Way to the intersection of McMillan and Meridian Road, direct a two part finding allowing utilization of ACHD's right way of additionally -- or excuse me. Additionally, if ACHD acquires an easement through the property, the adjacent property can utilize that piece. Mr. Nary, am I missing anything? Nary: I don't think so. De Weerd: Okay. Do I have a second? Borton: Second. Meridian City Council February 14, 2006 Page 47 of 56 De Weerd: Okay. There is a motion to approve with the additional condition as stated. Any discussion. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, nay; Wardle, yea; Borton, yea. De Weerd: Okay. Motion carves on Item 13. MOTION CARRIED: THREE AYES. ONE NAY. De Weerd: Item 14. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we approve Item 14, PP 05-057, preliminary plat for Amber Creek Subdivision. Borton: Second. De Weerd: The motion is to approve Item 14. Is there any discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, nay; Wardle, yea; Borton, yea. De Weerd: Okay. Item 14 passes. MOTION CARRIED: THREE AYES. ONE NAY. Item 15: Public Hearing: RZ 05-021 Request for a Rezone of .94 acres from R-8 to C-G and Rezone of .95 acres from R-8 to C-N for Champion Park Addition by Hillview Development Corporation -north of Ustick Road and west of Eagle Road: Item 16: Public Hearing: PP 05-061 Request for Preliminary Plat approval of 48 single-family residential lots (24 detached lots and 24 attached lots), 2 commercial lots and 4 common lots on 11.44 acres in the R-8, C-G and C- N zones for Champion Park Addition by Hillview Development Corporation -north of Ustick Road and west of Eagle Road: Item 17: Public Hearing: MCU 05-004 Request to modify previous Conditional Use Permit for a Planned Development (CUP 02-049) by removing the proposed mini-storage use and including attached and detached single- family dwellings for Champion Park Addition by Hillview Development Corporation -north of Ustick Road and west of Eagle Road: Meridian City Council February 14, 2006 Page 48 of 56 Item 18: Public Hearing: MI 05-015 Miscellaneous request to modify the recorded development agreement for Parkstone Subdivision (A.K.A Champion Park Subdivision) by Hillview Development Corporation -north of Ustick Road and west of Eagle Road: De Weerd: Okay. Items 15, 16, and 17 are public hearings on RZ 05-021, PP 05-061, and MCU 05-004, and MI 05-015. I will open these four public hearings with staff comments. Hood: Madam Mayor, Members of the Council, having some technical difficulties. Hopefully, my slide show will be back up here shortly. Champion Park Addition is located on the north side of Ustick Road, approximately 1,300 feet west of Eagle Road. As the Mayor mentioned, it is a rezone, a preliminary plat, and modification to an existing Conditional Use Permit, and also miscellaneous application to amend the existing development agreement for Champion Park, also known as Parkstone Subdivision. This property was previously approved for a mini storage and commercial uses within the Parkstone Development. The applicant is now proposing to construct single family residential where the mini storage was previously proposed. The applicant is also rezoning 1.8 acres R-8 to C-G and C-N, approximately one acre each. And also a preliminary plat and a Conditional Use Permit approval for 48 single family building lots on 11.44 acres. The miscellaneous application is to modify the existing development agreement, as I just mentioned. The gross density of the sub is 4.77 dwelling units per acre. At the January 5th hearing, Mrs. Becky McKay was at the hearing. Tom Davis showed up and testified in opposition. And Jonathan Seal showed up representing the property owner directly to the east. The key issues of the discussion by the Commission were the land use buffer widths and, then, also requiring CUPs for the two commercial lots that are proposed. Also at the January 5th meeting the applicant agreed to construct a six foot vinyl fence along the east property line adjacent to the Center Point development. The applicant also agreed to include a clause within the future purchase agreement stating -- acknowledging to potential property owners that they acknowledge that directly to the east of Champion Park is a commercial development. Staff has included that condition for a fence in the attached staff report and has not included the requirements for the disclosure statement, as we do not want to track all of those. I do not have any outstanding issues. Just the key items that were discussed at the Planning and Zoning Commission hearing. Maybe just an update. I don't see Jonathan in the audience, so just a brief update. This project was a mini storage. W.H. Moore had a -- and probably still does have an issue with residential and, then, having to provide the full 25 foot wide landscape buffer and working with Mr. Seal on putting together an application for claimant's complaints and knock that landscape buffer down to ten feet, but, then, put shrubs in there. I haven't had a chance to speak with Becky about that, but I did speak with Sheri at Engineering Solutions for a couple of minutes about that and they seem to be fine. Everyone seems to be in agreement, so I think they will tum this compliance request -- will probably be approved once it gets -- we see that application. So, with that I will stand for any questions, then, I will get you a picture of this development here shortly. Meridian City Council February 14, 2006 Page 49 of 56 De Weerd: You know, Caleb, I guess my question is on the alternative compliance, when we approve the commercial project to the east of this, it would be abutting a storage facility, so any change should be, really, on this development -- should be this development's responsibility, since they are coming in with the change that would result in a landscape buffer to begin with. Hood: Madam Mayor -- and that is something that when I evaluated this alternative compliance request I definitely will take into account the one -- Winston Moore did proceed with his zoning of the property to a commercial district, but you have not seen any actual development adjacent to this Champion Park. So, they were in first with their zoning, but not seeing a development plan and not really knowing what they were going to do, it's alittle -- a little dicey to say that they shouldn't have to put up any landscape buffer, because property is currently R-8. It does have a residential zone today and they do have other homes in Champion Park that are not part of this subject application that Winston -- that his project does abut that he would have to put in a 25 foot wide landscape buffer anyways on. So, this is only a portion of what they abut overall in the Champion Park Subdivision. So, that was something that -- I think we have come to an agreement that says, you know, it isn't fair for them to have to put in a 25 foot buffer, because they are changing their use. However, they are also gaining on the north end of this and not having to put a 25 foot buffer next to existing homes that the developer has constructed in Champion Park. So, that's why I think we had a happy compromise. There is not much you can do down to that five foot. They'd have to have five feet anyway, so it's, really, just an additional five feet and some landscaping. But at least that's my take on this so far. De Weerd: Well, we love happy compromises. So, any questions for staff at this time? Bird: I have none, Mayor. De Weerd: Okay. Thank you. Great way to spend your Valentine's, uh, Becky? McKay: Yeah. Valentine's Day, anniversaries, birthdays, I'm usually at a hearing it seems like. Unless you guys start making it a holiday and we get it off. Becky McKay, Engineering Solutions, 150 East Aikens, Suite B, Eagle. I'm representing the applicant in this particular application. I will be as brief as possible, so everybody can get home at least while their significant other is awake. Rountree: Too late. McKay: As you recall, the Champion Park Subdivision is in a medium density residential designated area. We came in under the old ordinance with a planned development, which allowed us a 25 percent exception. Therefore, we had about I think 12 to 13 percent nonconforming use. The two nonconforming uses consisted of this mini storage along the eastern boundary, some office, and, then, some neighborhood friendly commercial located here. The project had the neighborhood park here in this central area, which, if you guys have had an opportunity to go out and look at it, it is Meridian City Council February 14, 2006 Page 50 of 56 really looking nice. The only thing that I think they have got left is the restroom facilities and my understanding is they are waiting for the ground to dry out a little bit more to get going. So, it's really turned into a beautiful neighborhood park that I think the city and this particular subdivision can be very proud of. When we did this subdivision, this is the first time that I had ever planned a mini storage facility within a subdivision and as a component. All the other mini storage facilities we have done were a stand alone. It was kind of a trial. We knew that this is mixed use regional to the east of us, so we thought that at the particular time we came through the city that this would make sense. As the project has developed, as the park has been improved and the housing market has changed as far as the prices that the lots are being sold for and the demand that's out there in consulting with different architects, real estate agents, people who are in the mini storage business, it was determined by my clients that that really wasn't the best use and, you know, in hindsight, looking at this, the neighborhood park is the central feature. I spoke with some of the neighbors across the south side of Ustick, they were here when we were at the Planning and Zoning Commission on an application to the east of them, and asked us, gee, what are you doing at Champion Park. I said, well, we are coming back in to eliminate the mini storage and put in single family homes, about 24 attached and 24 detached. They said we think that's a great idea. If you look at it now, what we are proposing here, we just, basically, kind of stuck that in like that. The access remains -- oops. I'm sorry. I have prop difficulties. The access point to the collector remains the same. We are creating a loop system. All of these are public streets. And you can kind of see the overall look. I think it has a softer look. A mini storage, you know, we can do a lot with the architectural style, but, nonetheless, it still is a harsher look. We will bring in this public street, loop in here. This particular residential lot was eliminated. These are all detached single-family dwellings. These range from around seven to 12,000 square feet. These range from 40 some -- 4,500 to 5,000 square feet. We do have some zero lot lines here. We put one pedestrian access to the east. I have talked with Jonathan Seel in length. He indicated we do not object to your project whatsoever. He said Ijust -- we just do not want to be penalized with a 25-foot landscape buffer. They are going to put a sign facing this particular project that puts them on notice that this -- that their project will be developed for commercial purposes. We agreed in all purchase agreements and in the covenants for this particular sector, making sure that they are aware of the fact that that will be commercial to the east. Jonathan offered up a ten foot alternative buffer. My client said he thought that would be enough. We will be building all the perimeter fencing. Winston's project comes clear up to here, as Craig indicated, so we already have some single family residential that abutted him. As far as our density, we are at I think about 3.6 dwelling -- 3.69 dwelling units per acre on the overall project. Prior to the addition of these 48 lots, we were at 3.58. And that excludes the commercial and the office. The staff has asked us to come in with a rezone for the two commercial -- neighborhood commercial lots, because they indicated that it's too confusing if it carries an R-8 zone, which is that's what's on the property at this time and prefer that it be zoned to match the use. Therefore, that's why we asked for the C-N and C-G. That was at staff s recommendation. We are asking for modification of the development agreement, because we would have to, obviously, add these 48 additional lots and, then, eliminate the mini storage. Mr. Davis came in and testified at our Planning and Zoning Meridian City Council • February 14, 2006 Page 51 of 56 Commission meeting. His main concern was what are those commercial uses going to be. He still resides in his home, him and his wife. They are going to be office in the future, so they are a transitional use. We agreed that any commercial use would require conditional use. So, he would have opportunity to get input on hours of operation and what that use is and if it's compatible with this neighborhood, which we thought was very important. We think this is a good change. We had 11 percent open space in the project in its entirety. So, this really, you know, just fit right in there. We didn't have to allocate open space to meet the overall requirements. Do you have any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I definitely have one big question. Three of us here got to sit until 1:00, 2:00 o'clock in the morning listening to Crossroads Subdivision, and the 50 or 60 people that packed in, because there was never going to be anything built beside them, even though every time you drive in you seen this big sign. So, Becky, you're going to tell me that all those people, every time Mr. Moore or whoever has that Center Point property, puts up a two story, three story office building over there or something commercial, we are not going to have 48 people sitting in here telling us that isn't the right thing for it? McKay: Madam Mayor, Commissioner -- or Councilman Bird, that's why it was our recommendation that they include in all their purchase agreements and to protect their covenants, that the property to the east is regional commercial. That a commercial project is proposed over there. Kohl's -- and my understanding is they are -- I talked to the engineers. They are working on their construction plans as we speak to get going on the Kohl's as soon as possible. So, that's going to be going in there far before we ever get online. So, it's going to be very obvious -- I think the Crossroads thing, it sat -- the property sat vacant for so long, the commercial portion with the ShopKo center, that a lot of those people -you know, you're absolutely right, they see the sign and, then, they don't register that fact. So, that's why we wanted to make sure that we included that in all documentation, all the purchase agreements, so that no one could ever come before this body and say I bought this house right here and nobody told me that it was going to be commercial and I am just shocked that you are going to approve commercial. I think this is a little bit different situation. Like I said, the mini storage, originally, I thought made sense. But as this developed I just can't envision that next to that city park. It's just too pretty, I guess, to be honest with you. Bird: But, you know -- and I don't disagree with that, Becky, but if I'm still on the Council when these things -- when Winston starts his or whoever is going to have that, starts it, if I get any complaints in here you're going to buy me lunch. Rountree: You're getting off easy. McKay: I'll come into the hearing and just extend this position that was taken. Meridian City Council February 14, 2006 Page 52 of 56 Bird: The real estate people aren't going to tell them to make a sale. McKay: I know. And that's why the purchase agreement I thought was good, because builders see that, homeowners see that, they don't always read those CC&Rs. In fact, a lot of people don't. They should. But we want to make it -- I mean, I don't know, we can even put a note on the plat, you know, do whatever -- Bird: Well, I think there definitely should be a note on the plat. McKay: I mean as much as we possibly can to let people know what's going to go on. But this is not unlike other situations where you do have attached residential adjoining commercial or office uses. Hopefully, it will still cut down on the trips with that ped path there. I know Jonathan was -- he wasn't too sure about it, but Ithink -- I'd like to see people walk over there to go to Kohl's versus getting in their car and driving out to Ustick if at all possible. Bird: I agree with you. McKay: So, I think it's a good compromise and, obviously, Jonathan is not here this evening, he seemed to be satisfied with what we went on the record with. So, I'd ask that the Council look at this favorably. We think it makes sense and we think it makes a lot better looking project. De Weerd: Is there a reason why there isn't a stub to the east? McKay: That was hotly debated when we came in, Madam Mayor. We ended up putting a pedestrian pathway here and now we have another one here. But there was a big debate over do we send that residential traffic to that complex, take the chance that they -- maybe they cut through their parking lot to get out to Eagle. There is pros and cons. You know, a lot of times the highway district does not like us mixing that residential and commercial traffic. So, there is situations where a vehicular connection makes sense. In this one it was determined by the highway district and the Council. It was discussed quite lengthy, you know. I don't know. Maybe Gary may want to comment on that. No, he doesn't. Do you have any other questions? Bird: I have none. Rountree: Madam Mayor, on that topic of intemal circulation, it seems to me that at a point in time in the not too distant future there is going to be a signalized intersection on Eagle Road somewhere between the half and quarter mile area and intemal traffic here ought to be able to access that light. And I don't see it there. I suppose in your complete piece you might show a stub out that can get people over there. McKay: Madam Mayor, Councilman Rountree -- Meridian City Council February 14, 2006 Page 53 of 56 Rountree: Right here. McKay: -- that's what this street is right here. Rountree: Okay. McKay: I did Wainwright there at Cameron Park. Let me get my bearings here. I don't have my glasses on. I'm getting really blind. De Weerd: Oh, we all age. Rountree: You're giving away your age. McKay: I know. Okay. Right here. When I did Cameron Park we put that Wainwright right at the half mile. I matched it on the west side in Zebulon Heights, which was in Boise city and, then, brought it into Meridian here. My understanding is that the signal will go at that half mile. In Champion Park we stubbed that there. We also -- Ada County Highway District worked with my client here at Zebulon, we had a 40 -- 45 foot buffer, I believe, landscape buffer between my Boise office site and the residential. ACHD, I believe, has either acquired that or has an agreement to acquire that, so that they can get a public street south to connect to Winston Moore, which, then, will allow his traffic to come up to that half mile. But the stub is -- I matched the stub up here at Zebulon. There is one parcel between me. Mr. Ketlinski I think it is. Yeah. So, we are trying to get interconnectivity up to that half mile light. Now, Winston will have a light on Ustick, I believe. Rountree: Yes. Okay. Great. Thank you. McKay: You're welcome. De Weerd: So, there is a connection, it's just -- Rountree: You can weave your way through there. De Weerd: Thank you. Any other questions or comments, Council? Thank you, Becky. Okay, Council, what would you like to do? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: If nobody has any discussion, I move that we close Items 15, 16, 17 and 18 for the Public Hearing. Rountree: Second. Meridian City Council • February 14, 2006 Page 54 of 56 De Weerd. Okay. Motions to close Item 15 through 18. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: If there is no discussion, do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve RZ 05-021 and include the comments made by applicant and staff. Well, no, we have already got the Findings. And approve the Findings. Don't we? Yeah. And include approving the Findings. I don't think anything was changed. De Weerd: Do I have a second? Rountree: Second. De Weerd: Okay. I have a motion to approve Item 15, the Findings, acknowledging we have staff and applicant comments. Is there any discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Item 16. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we approve PP 05-061 Findings and include the staff report and applicant comments. Rountree: Second. De Weerd: Okay. Motion to approve Item 16. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Thank you. Item 17. Meridian City Council February 14, 2006 Page 55 of 56 Bird: Madam Mayor? De Weerd: Yes. Bird: I move we approve MCU 05-004 and approve the Findings and also include staff and applicant comments. Rountree: Second. De Weerd: Okay. Motion to approve Item 17. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Eighteen. Bird: I'm on a roll. Madam Mayor, I move we approve MI 05-015 and that has Findings also and to include the staff report and applicant comments. Rountree: Second. De Weerd: Thank you. We have a motion to approve Item 18. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 19: Executive Session per Idaho State Code 67-2345(1)(c) (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency): De Weerd: Okay. Item 19 is an Executive Session per Idaho State Code 67- 2345(1)(c). Bird: And (b). De Weerd: And (b). Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(c) and (b). Meridian City Council ~ • February 14, 2006 Page 56 of 56 Rountree: Second. De Weerd: Okay. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: De Weerd: Okay, I would entertain a motion to come out of Executive Session. Rountree: So moved. Bird: Second. De Weerd: All those in favor. ALL AYES. MOTION CARRIED. De Weerd: Do I have a motion to adjourn? Rountree: So moved. Bird: Second. De Weerd: Okay, all those in favor. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 10:59 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) MAYOR T~(MMY DE WEERD tetee88081191dpg~e ~.~ . ~e o ~,.;r-. ATTE TI ~_. _. = ~~~~ ~~ "~ ~ ~~~ ~~~ e .~ omamamaa'r~ a~h~ / ~il/ / ~d DATE APPROVED // s (VII GII BERG JR. I CLERK • • February 10, 2006 MERIDIAN CITY COUNCIL MEETING February 14, 21306 APPLICANT ITEM NO. S REQUEST Proclamation FFA Week AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: Q 'C. 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 CHy of Meridian. -;~, ~,- ~ ~ ,~ ~~ ~, FOR IMMEDIATE RELEASE 2006 National FFA Week to be February 18-25 INDIANAPOLIS, IN -The National FFA Organization will celebrate National FFA Week, Feb.18-25, 2006. "Living to Serve" is the theme this year, showcasing more than 300 career opportunities available to students through agricultural education. Nearly half a million members around the nation will participate in FFA Week activities at the local and state level. The focus of National FFA Week is to tell America about the great opportunities available for all youth. With its beginnings in 1928 as the Future Farmers of America, the National FFA Organization today reaches out to all 50 states, Puerto Rico and the Virgin Islands. FFA is committed to developing character and leadership skills and preparing members for a lifetime of civic leadership and personal and career success. FFA members are the leaders of tomorrow. They are our future engineers, scientists, teachers and producers. One of every five Amerif~ns is employed in the critical food, fiber and natural resources industries of agriculture, and former FFA members and supporters serve in these essential careers. National FFA Week is sponsored by Case IH as a special project of the National FFA Foundation. The Foundation is the fundraising arm of the National FFA and supports programs by working with sponsors to raise funds for scholarships that are awarded to outstanding members. ~~~ The FFA Mission: FFA makes a positive difference in the lives of students by developing their potential for premier leadership, personal growth ~~~~ ~,~ andcareer success through agricultural education. of The Agricultural Education Mlsslom. Agricultural Education prepares studerrts for successful cereers and a lifetime of informed choices in the ~~~;,t, ~ . `~~ global agriculture, food, fiber and natural resources systems. Sponsored by case Corporation as a :~ The National FFA Organization is a resource and support organization that does not select, control or supervise state association, local chapter or c ' ' individual member activities except as exErressly provided for in the National FFA Constitution and bylaws. special project of National FFA Foundation. G J ~ 4u u ~ o The Nafforral FFA Organization affirms its belief in the value of all human beings and leaks diversity in its membership, Icadership and staff as an equal ® opportunity employer ©2005 National FFA Organization ~ ~ ~0®6 ~atio~ai ~'F~ U~leeB~ to ~e F~~r~ary 1 ~~~~ FFA Week PSA-60 sec Local Radio Announcer: Hi, I am (Broadcaster, Sponsor Spokesperson/Chapter Officer) with (Station/Company/School and Chapter). FFA positively influences the young people of our community by developing character and leadership skills and preparing members for successful careers and community service. FFA members are the leaders of tomorrow. They are our future engineers, scientists, teachers and producers. Through agricultural science education and hands-on learning, they prepare for more than 300 career opportunities in the food, fiber and natural resources industries of agriculture. FFA today reaches out to a1150 states, Puerto Rico and the Virgin Islands. With nearly a half million members, the organization has a history of service and legacy of leadership. Please join me in recognizing February 18th through 25th as National FFA Week. We're proud of the thousands of students who make FFA part of their lives and say thank you to the many sponsors, parents, teachers and volunteers who make it all possible.. FFA...Living to Serve For more information about FFA, visit ffa dot org. _~,~ ~,z~ '1kisR~llAi~®r:AF~m~a~®~,~~n~li~ds~tih~+ie~~tei~rt~~~~se~,{rr~lgra+~fi ` '!he d,er~lhr~l f¢Fimii~n ~I~m: ~~Mr~t f~t~n ~~~s+s~rie~ ~ ~e:~®I ~s arl a l~i~ ~l iiiur~rl r:1~ 6 t6: _ _ _ _ _ _ _ _. _ ~,~c~c ~ ~.q>~ -. ~lulala~®iorbu~lil~~®teal~o~~,nm. --- ------- __--- -- `r ,~ ~ ~` 1~ 1~tia~1 R~ t7h,~sii~n ®©~otr~ad sa! ~~ hi aL~ n~, viral a r~a%a s 4 i~a.~~e a ~, , ~. ~~ibdr~tn~iie~i~~r,~pr~}y~ {antlaIFf3~~agd~. Tiat~iemalFF.d+1~i~nafirm~l~lelintl+s~d~Ih~r~~~~adAis~si~~ieitjriit,l~l~a~P~Finai~d '-' ePi~e~i~F~• ~~ ~ Y.~ ~~. ~._ ~` ~I F F ~ `\ \~J ~ ~ a ' ® 1I` ~ Whereas, the FFA and agricultural education provide a strong foundation for the youth of america and the future of the food, fiber and natural resources systems; and Whereas, the FFA promotes premier leadership, personal growth and career success among its members; and Whereas, agricultural education and the FFA ensure a steady supply of young professionals to meet the growing demands in the science, business and technology of agriculture; and Whereas, the FFA motto - "learning to do, doing to learn, earning to live, living to serve" -gives direction of purpose to these students who take an active role in succeeding in agricultural education; and Whereas, the FFA promotes citizenship, volunteerism, patriotism and cooperation. Therefore, I do hereby designate the week of February 18 through 25, 2006, as FFA Week. (Signature) ~ ~ ~ _ ..~11 i~illf ~_ i ~.~i dew-.~ip~o ~ Yala1J~{~M.,~,iz," ,~1°je ~6,~,rla ~~ys~le,elo-3a ~~Je is r ~ z~ t ices ., 1Y 1 Iii',r a lio ~. I ~~ ~ j~l i 1T~~( i r ~~ u ~ ilu i n-: i ~.-n: -F ohal~~Ari y~(h~a~ ~t~il r)~~rB .I•r~4:~lf~~t~{i¢[sre1~1v~O1~~aGrdk{ovet¢f~~>~iNTG ~ i7 ~~ ~ ~ i~ ~,~<~ ~ ae~ _u G ,h i = i a' fi: w I ~ d ~ ~ f. 2 , Ic; ~ i poi ioq~~jr ~~ . . 1[G ryu c~~ J I ( 6 I '- I f .I; Ir ~ Oi r ].a I 11 I `I~ I~ ~ ~° r h ~~-~• I ~, t _ ` ~?u~~~o~~~ ~ ~ .i ~ni~ l,i .dli ~.~~~~ ,i:~i~ n-r-d- .i •'~ -;i, I i 7-~n i +~wih,l~kula.,~ggerRCIBctt~~.iRi~~1P7~ *-`;;7~~1~~ ~ 11oTnj4~j~aa~oll.~. , m `6 il~,rli~li~iCl€r+l(iG?~iol,r~i`sl: ,, _. ., k :.. ~ _ _ ,, _. , The FFA Creed I believe in the future of .agriculture, with a faith born not of words but of deeds - achievements won by the present and past generations of agriculturists; in the promise of better days through better ways, even as the better things we now enjoy have come to us from the struggles of former years. i believe that to live and work on a good farm, or to be engaged in other agricultural pursuits, is pleasant as well as challenging; for I know the joys and discomforts of agricultural life and hold an inborn fondness for those associations which, even in hours of discouragement, icannot deny. I beiieve in leadership from ourselves and respect from others.. I beiieve in my own ability to work efficiently and think clearly, with such knowledge and skill as I can secure, and in the ability of progressive agriculturists to serve our own and the public interest in producing and marketing. the product of our toil. I believe in less dependence on begging and mare power in bargaining; in the life abundant and enough honest wealth to help make it so--for others as well as .myself; in less need for charity and more of it when needed; in being happy myself and .playing. square with those whose happiness depends upon me. I beiieve that f-merican agriculture can and will hold true to the best traditions of our national life and that I can exert an influence in my .home and community which wilt stand solid for my part in that inspiring task. The creed >~vas ~t+ritf~en by E. ~?. Tiffany, anti advinted at' the 3rd Nafvnal Conventign of t'he ,~,~r4, It was revised at the 38th C'©nver~tion and tike 63rd ~©nvention. • • ~. -1 ~~ f~ i;r i GITY t7~ ~~ v ~.,~r i :,~ ~Y1G~1~'YI ~`~, ~1 IDAHO . ~: Fie Office of tFie ~1~layor P R O C .~ .~l ~VL .?l. ~I O N ~1~Vhereas, the Future Farmers of America and agriculture education provide a strong foundation for the youth of America and the future of the food, fiber and natural resources systems; and 1Nhereas, the FFA promotes premier leadership, personal growth and career success among its members; and 1Nhereas, agriculture education and the FFA ensure a steady supply of young professionals to meet the growing demands in the science, business and technology of agriculture; and 1N`iereas, the FFA motto - "teaming to do, doing to learn, earning to live, living to serve" -gives direction of purpose to these students who take a active role in succeeding in agricultural education; and 1Nhereas, the FFA promotes citizenship, volunteerism, patriotism and cooperation; ~Fierefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim the week of February 18 through 25, 2006, as .~.~.%~ ~'VEE9C in the City of Meridian in recognition for the success of the Future Farmers of America Program in this community. Dated this 14th day of February, 2006. Tammy de Weerd, Mayor Shaun Wardle, City Council Joe Borton, City Council Keith Bird, City Council Charlie Rountree, City Council • ~. h ~ .~. ~' ~ ~ ~i # ~ _E CfTY £3~ g~~~ ~ '- ~ ~ ~ ,~ ~4 [Df'~HC) ;fie ?die CJ-ffipe of tae yon PRDCL.~1:~i.~I~ION `1~V~rereas, the Future Farmers of Arneric~ arxd agriculture-education provide a strong foundation-forthe youth of America and the future of the food, fiber and natura0 resources systems; and "1Nhereas, the FFA promotes premier leadership,. personal .growth and career success among its members; -and 1Nfereas, agricultur® education and-the FFA ensure a steady supply of young professionalsto mee# the gror~ing demands in the science, business and technology of agriculture; and 1N~iereas, the FFA motto - slearning to do, doing to laam, earning to dive, Living to serve" -given direction of purpose'to these students who take a active. role in succeeding in agricultural BduCatiOn; and "1N~Cereas, he FFA promotes citizenship, volunteerism, patriotismand cooperation; ~'~aerefore, 1, 'Tammy de ~1leerd, ...Mayor of the City of ~1leridian, d© hereby proclaim the week of February 18 through. 25, 2046, as .~,~.~1.1NEE~C in the City of Meridian in recognition for the- success of the Future Fan»ers of America Program 'in this community: ~~ ~- Dated this 14th day of February,. 2tX36. _ ~ ~~~~ ~~~s~~ , Shaun Wardle, City Council Joe Borton, City Council Keith Bird, City Council f` Charlie Rountree, City Council N* _ -~~. ~`v ~_ ~. - ` ~. dS' ~ F cn. RY ~ - 9 :; ~~ ~:~ ,- ~__ ,~ ,_ ~__ Whereas, the FFA and agricultural education provide a strong foundation for the youth of america and the future of the food, fiber and natural resources systems; and k ~ Whereas, the FFA promotes premier leadership, personal grouu4h and career success among . its members; and ~~ : ,; Whereas, agricultural education and the FFA ensure a steady supply of young professionals to meet F ~ 's~~ ,, ;;~ the growing demands in the science, business and technology of agriculture; and ~'~'~ Whereas, the FFA motto - "learning to do, doing to learn, earning to live, living to serve" -gives ~, , ~ direction of purpose to these students who take an active role in succeeding in agricultural education; t.~~ ~~ and k ,. ~' Whereas, the FFA promotes citizenship, volunteerism, patriotism and cooperation. .~..". ,x: ~~ ' }' Therefore, I do hereby designate the week of February 18 through 25, 2006, as FFA Week. r~ry, ~' ,.a 4:: _,, ignature) ~~ t:, ;y ds',a Y1~ i.,~ " i .c lc~~ \ ~ ` `.~~~ ~ ~ li I U i ~u:A Ilifi 3 . +y~~ i ?; iii ,4=x.4 ~ ~ ~' ~+~ a ~ ;~w -k ~ ~~ . ' "~ f ~ ~ T i , :1, n~ 11„'9 ;vn-, ~n p 1. i+t~~~~;~ ~ , ,. ~~~ .r ~ ~ll~a~j~ ae '' h„,u«1~ ii~~ir +~] ati i a ~ ~ Rq~, ~ ~f ~p~r. ~ rz3 b ,iur^~q i~ I~ l t(y ~ 0' 8 0 d0 a u ~yT ;~ o~ a I ~~Lo1gY1 A~1~~~aI~Co~ola~' February 10, 2006 MERIDIAN CITY COUNCIL MEETING February 14, 2006 APPLICANT ITEM NO. 6-A REQUEST Approve Minutes of January 9, 2006 City Council and ACRD Commissioners Special Joint Workshop Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the CHy of Meridian. February 10, 2006 MERIDIAN CITY COUNCIL MEETING February 14, 2006 APPLICANT ITEM NO. 6-B REQUEST Approve Minutes of January 31,2006 City Council Special Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS Date: Phone: Emailed: Staff Initials: Materials presented at public meeMngs snail become property of the CNy of Meridian. February 10, 2006 VAC 05-015 MERIDIAN CITY COUNCIL MEETING February 14, 2006 APPLICANT James R. Wylie ITEM NO. 6-C REQUEST Resolution -Request to Vacate City of Meridian water and sewer easements for Marce Subdivision -3070 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 atiaehed Resolution Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Gity of Meridian. BO SED HO 02f ~DEi1J33 AMD NAVARRO AlwOt1NT .110 3 DEPUTY Bonnie ObetbtfBg I,~ IIIIrIIIIII~I~I~~I~I~~I~~~~~~~f ~« RECORDED-RE4UE5T OF 106iBg6~0~ ~erfdfan Cily ~~ CITY OF MERIDIAN 'RESOLUTION NO. D~~ ~~~ BY THE CITY COUNCIL: BIRD, GORTON, ROUNTR.EE, WARDLE A RESOLUTION VACATING THREE (3) EASEMENTS OF RECORD IN THE NE 1/ OF SECTION S, TOWNSHIP 3 NORTH, RANGE 1 EAST, GOISE MERIDIAN, ADA COUNTY, MERIDIAN, IDAHO AS FILED AS INSTRUMENT NUMBERS 103105409,102156663 AND 103007935; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 27, 2005, the City Council of Meridian, held a hearing on the vacation of easements of City water and sewer easements recorded as Instrument Nos.103105409,102156663 and 103007935 in the NE ~/ of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Meridian, Idaho, and WHEREAS, after such hearing, the City Council, by~formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCII. OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the City water and sewer easements recorded as Instrument Nos.103105409,102156663 and 103007935 in the NE'/a of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Meridian, Idaho are hereby vacated. Copies of the necessary relinquishments are attached as Exhibit "A". Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. VACATION OF EASEMENT / MARCE SUBDIVISION -VAC OS-015 Page 1 of 2 PASSED BY TIIE CITY COUNCIL OF THE CITY OF .MERIDIAN, IDAHO, this ~~ `aay of ~e~~u-~ 2006. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IAAHO, this ~ ~ -day of ~P'by'r~.a- ~ 2006. `1``~.~~~ ~ ~ ~ ~'- de WEERD ATTEST: ~.~tFd s ~':' ~. c:.. _ .. ,~,'~ CITY CLERK '~,~ ~ p ,, *~ .. r~~~'%~ ~: ~r~e e~~ti~~~~~~` STATE OF IDAHO, ) ss County of Ada ) On this ~ ~"~ day of ~~1-l 0.x , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeazed TAMMY de WEERD and WILLIAM G. BERG, 7R., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to ame that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~~..... •~~ e! ~~'--~ i~ `~~'ZG T•! NOTARY PUBL C FOR IDAHO RESIDING AT: 1 1 D MY COMMISSION EXPIRES: 10-I I-I I VACATION OF EASEMENT / MARCE SUBDIVISION -VAC OS-015 Page 2 of 2 ~xh~~a~ ~ ,~1 ~ASI~l1IIFz/VT' VACAT/ON rf1HN1 I.or TlO~Y rt' i` LOCATFtI W '~ !~ t 4 ~' 5£C>IOMt t;T. J liq A 1 E. 9.11., CITY OF' 9~ Qpllldtl: OAHO 457Y EASEMENTS Tn BE dacATi~: roar /losaoy9as ~,~ inst. i/102156663 water aod4'Y.~ao~ klst. ~'i0310¢,409 (q~ptar) - ..- EF,9IRV7EWA ! ~ -,711 L' 467614'B+,Y ~ aeb~'ul~µ'~~a IMtrib~Ogilm 1 ~•'- L i 4d:: trl!Q'4A i' Nf:J8 ~611aJ wbae~n•ra ' ' ' ~ ~ ' ~~ ~ Ut9t I 1 1 _T ~ .x^ _ ___~ , ~ r ~ ot~r I ~~`~ i i R[Tf l ,~h ~tr ~ ... .. pWntY . ~.~,r .. rouctr+owo ~ ~~. ~` i ,~ . I f nab.AUm ~~ l ; ~ -~ o ` 1 a ~' n M 1 tr 7 ~N34v>C'17b I ,.. F r (~~]1 ! tl~9~1 I I j[~ ___ I ,,r--~ Iw~~ • 1 I: ~, Fr,sr.- ~ . it ~:~XFsONB, ~ ~~ I ate: ~ ri- _--.._'a Ck~N7:.di ~ ~~: .~~ i .r~~~~r~~~~r~~ I i I ~15/ ~~ Ptrotee~aasl 9ndlneerr, Land Sia~q~ma k P/annffia ~~~ v ~ ono dU 8adlola 8t. ~ gld*eU. m +9.3a0B (PD6) db4-02SB (209) 9G4-0'979 Fex ~ • • r February 10, 2006 MERIDIAN CITY COUNCIL MEETING February 14, 2006 APPLICANT ITEM NO. 6-D REQUEST Agreement for Professional Services with Civil Survey Consultants, Inc. for Broadway Avenue, Meridian Road to Fiffh Street Utility Replacement 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: L'Z`~ ~c`~ sS J~C ~ -/~~~ Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shell become properly of the City of Meridian. t - . ~; . Project No. 06009 CIVYY. SiJRVE~' C®1®TSUI.TANTS, I1oTC. ?,GREEIVIEl®TT F®R PROFESSI®1®tAL SERVICES THIS AGREEMENT between THE CITY OF MERIDIAN, hereinafter referred to as the "CLIENT" and CIVIL SURVEY CONSULTANTS, INC., an Idaho Corporation, hereinafter referred to as "CSC" is made and entered into this day of 2006. The CLIENT and CSC in consideration of their mutual covenants herein agree as set forth below. The Client intends to construct new potable water and sanitary sewer pipelines in Broadway Aveneue between Meridian road and East 5'~ Street, hereinafter referred to as the PROJECT. CLIENT INFORMATION AND RESPONSIBILITIES The CLIENT will provide to CSC a full and complete description of the PROJECT including; all design criteria, information as to CLIENT's requirements for the PROJECT, design objectives and constraints, capacity and performance requirements, flexibility and expandability needs, any budgetary limitations, and copies of all design and construction standards which CLIENT will require to be incorporated in the Drawings and Specifications. The CLIENT will also provide to CSC all associated project information including data prepared by others; soil borings, probings and subsurface explorations; hydrographic surveys; laboratory tests and inspection reports of samples, materials and equipment; studies and interpretations of all environmental assessment and impact statements; surveys of record; property descriptions; zoning, deed and other land use restrictions; title reports; other special data or consultations as maybe available; all of which CSC may use and rely upon in performing services under this Agreement. The CLIENT will obtain permission for CSC to enter upon public and private property as required for CSC to perform services under this Agreement. SERVICES TO BE PERFORMED BY CSC CSC will provide services as outlined in the attached letter dated February 1, 2006. BASIS OF FEE AND BILLING SCHEDULE The Client will pay CSC for services provided under this Agreement per the attached letter dated February 1, 2006 Notice to Proceed, either verbal or written, shall constitute acceptance of this Agreement by the CLIENT. THE TERMS AND CONDITIONS ARE PART OF THIS AGREEMENT. THE CLIENT AGREES TO SAID TERMS AND CONDITIONS. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 /i rs BY: /~~2~-~ ~ NAME: ` !n. TITLE: V ATTEST BY: / , NAME: _ ~ ~!~/~l~ E TITLE: ~~~~ APPROVED BY CITY COUNCIL: Civil Survey Consultants, Inc. 100 South Adkins Way, Suite 101 Meridian, Idaho 83642 s ~,~ °~®,, Timothy A. Burgess, Vice President ~ ~ ~,~~ ., > s ~_ .d ,~, ~. -', ~~ ///0'~r,,,r,e ee 11t1~~``,' ,` WO 1 of 4 2/2/2006 ~ ... CIVIL SURVEY CONSULTANTS, INC. TERMS AND CONDITIONS GENERAL -CSC shall provide for CLIENT professional engineering and/or land surveying services for the Project described in this Agreement. These services will be performed in accordance with generally accepted professional practices for the intended use of the project. CSC makes no other warranty either expressed or implied. CSC shall not be responsible for acts or omissions of any party involved in the Project other than their own. CSC shall not be responsible for failure of any contractor or subcontractor to construct any item in accordance with recommendations issued by CSC. CSC has not been retained to supervise, direct or have control over Contractor's work. CSC specifically does not have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor(s), for safety precautions and programs incident to the work of Contractor(s) or for any failure of Contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor(s) furnishing and performing their work. Accordingly, CSC can neither guarantee the performance of the construction contracts by Contractor(s) nor assume responsibility for Contractor(s) failure to furnish and perform their work in accordance with the Contract Documents. The CLIENT understands and agrees that subsurface and soils characteristics may vary greatly between successive test points and sample intervals. CSC will coordinate this work in accordance with generally accepted practice of the professional services being provided and makes no other warranties expressed or implied or as to the professional advice furnished by professionals providing soils testing or geotechnical advice. Resetting of survey and/or construction stakes shall constitute extra work and shall be paid for on a time and material basis in addition to any other payment provided in this Agreement. OPINIONS OF COST -CSC may be asked to provide opinions of construction or PROJECT costs as part of the professional services under this Agreement. The CLIENT understands and agrees that CSC has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor(s)' methods of determining prices, or over competitive bidding or market conditions. The CLIENT understands that CSC opinions of cost are based on CSC experience and represents CSC's judgment based on that experience, but CSC does not guarantee or warranty that either quotes, bids or estimates prepared by contractors, subcontractors or other will not deviate from opinions prepared by CSC. The CLIENT agrees to employ an independent cost estimator if the CLIENT desires additional assurance, warranty or guarantee of PROJECT costs. Should the CLIENT request that CSC modify any PROJECT aspect to reduce construction costs, then those services shall be considered additional and beyond the scope of this Agreement unless specifically stated otherwise in this Agreement. REUSE OF DOCUMENTS -CSC shall retain an ownership interest of all professional products prepared by CSC. The CLIENT agrees that no product will be reused without specific written permission of CSC. The CLIENT agrees to indemnify and hold CSC harmless from any claims, damages, losses and expenses arising from unauthorized reuse of all work products prepared by CSC for the PROJECT. GOVERNING LAW -Unless otherwise provided in an addendum, the law of the State of Idaho will govern the validity of this Agreement, its interpretation and performance, and remedies for contract breach or any other claims related to this Agreement. SUCCESSORS AND ASSIGNS -CLIENT and CSC each is hereby bound and the partners, successors, executors, administrators and legal representatives of CLIENT and CSC are likewise bound to the other party to this Agreement, in respect of all covenants, agreements and obligations of this Agreement. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than CLIENT and CSC, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of CLIENT and CSC and not for the benefit of any other party. TIMES OF PAYMENTS -CSC shall submit monthly statements for services rendered and for Reimbursable Expenses incurred. CLIENT shall make prompt monthly payments. If CLIENT fails to make any payment due CSC for services and WO 2 of 4 2/2/2006 ,.. expenses within thirty (30) days after receipt of CSC's statement therefor, the amounts due CSC will be increased at the rate of 1.5% per month from said tenth day, and in addition, CSC may, after giving ten days' written notice to CLIENT, suspend services under this Agreement until CSC has been paid in full all amounts due for services, expenses and charges. TERMINATION -The obligation to provide further services under this Agreement may be terminated by either party upon thirty days' written notice. Such termination shall be based upon substantial lack of performance by the other party under the terms and conditions of this Agreement when said substantial lack of performance is through no fault of the terminating party. If this Agreement is terminated by either party, CSC shall be paid for services rendered and for reimbursable expenses incurred to the date of such termination. HAZARDOUS WASTE AND ASBESTOS -The CLIENT and CSC agree that the work covered in this Agreement does not anticipate either the presence or remediation of hazardous waste and/or asbestos. Hazardous materials may exist where there is not reason to believe they should be present. CSC and the CLIENT agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. CSC and the CLIENT also agree that the discovery of unanticipated hazardous materials may make it necessary for CSC to take immediate measures to protect human health and safety, and/or the environment. CSC agrees to notify the CLIENT as soon as practically possible should unanticipated hazardous materials or suspected hazardous materials be encountered. The CLIENT encourages CSC to take any and all measures that in CSC's professional opinion are justified to preserve and protect the health and safety of CSC's personnel and the public, and/or the environment, and the CLIENT agrees to compensate CSC for the additional cost of such work. In addition, the CLIENT waives any claim against CSC, and agrees to indemnify, defend and hold CSC harmless from any claim or liability for injury or loss arising from CSC's encountering unanticipated hazardous materials or suspected hazardous materials. The CLIENT also agrees to compensate CSC for any time spent and expenses incurred by CSC in defense of any such claim, with such compensation to be based upon CSC's prevailing fee schedule and expense rennbursement policy. DISPUTE RESOLUTION -All claims, disputes or controversies arising out of, or in relation to the interpretation, application or enforcement of this Agreement shall be decided through non-binding mediation or other mutually agreed alternative dispute resolution technique. The CLIENT and CSC agree non-binding mediation or other mutually acceptable alternative dispute resolution technique shall precede litigation or recourse to other judicial forums. RECOVERY OF DISPUTE RESOLUTION COSTS - In the event that legal action is brought by either party against the other, the prevailing party shall be reimbursed by the other for the prevailing party's legal costs, in addition to whatever other judgments or settlement sums, if any, may be due. Such legal costs shall include, but not be limited to, reasonable attorney's fees, court costs, expert witness fees and other documented expenses, as well as the value of time spent by the prevailing party and those in his or her employ in researching the issues in questions, discussing matters with attorneys and others, preparing for depositions, responding to interrogatories, and so on. The value of time spent and the expenses incurred shall, on CSC's part, be computed based upon CSC's prevailing fee schedule and expense reimbursement policy relative to the recovery of direct project costs. EXTENT OF AGREEMENT -This Agreement represents the entire and integrated agreement between the CLIENT and CSC and supersedes all prior negotiations, representations or agreements, written or oral. The Agreement maybe amended only by written instrument signed by both CLIENT and CSC. WO 3 of 4 2/2/2006 _' ~:ivil ~urvey ~,onsultants, Inc. Glenn K. Bennett, P.L.S. President 100 South Adkins Way Suite 101 Timothy A. Burgess, P.E. Vice President Meridian, Idaho 83642 CIVIL SURVEY CONSULTANTS PREVAILING FEE SCHEDULE EFFECTIVE OCTOBER 1, 2005 Labor: Project Manager - $ 100.00 per hour Chief of Surveys - $ 100.00 per hour Project Engineer - $ 85.00 per hour Land Surveyor - $ 75.00 per hour Design Engineer 1 - $ 75.00 per hour Design Engineer 2 - $ 70.00 per hour Design/Survey Technician 1 - $ 65.00 per hour Design/Survey Technician 2 - $ 60.00 per hour Direct Expenses: GPS Vehicle 2-Wheel Drive Vehicle 4-Wheel Drive Outside Printing Long Distance Telephone Sub-Consultants - $ 40.00 per hour - $ No Charge - $ No Charge - $ Cost - $ Cost - $ Cost (208)888-4312 Fax 888-0323 WO 4 of 4 2/2/2006 • (%ivil Survey consultants, Inc. Glenn K. Bennett, P.L.S. (208)888-4312 President 100 South Adkins Way Fax 888-0323 Suite 101 Timothy A. Burgess, P.E. Meridian, Idaho 83642 Vice President February 1, 2006 Len Grady, P.E. City Engineer City of Meridian 660 E. Watertower, Suite 200 Meridian, ID 83642 Re: Broadway Avenue -Meridian Road to 5~' Street Utility Replacement Dear Len: Thank you for considering Civil Survey Consultants to provide professional engineering services related to the upgrade of potable water mains and gravity sewer mains in Broadway Avenue between Meridian Road and 5~' Street. The following is a scope of services for field surveys, contract document preparation, and construction services related to this project. Location This project is on Broadway Avenue beginning at Meridian Road and extending approximately 2,243 feet east to 5~' Street. Main Street from Broadway Avenue south approximately 400 feet to the railroad tracks will also be included. The intent of the project is to develop plans and specifications to construct new potable water and sanitary sewer mains within the project limits. The new potable water main will be 10-inch in diameter. The new sewer main will be 12-inch to 15-inch in diameter beginning at Meridian Road and extending east as far as possible, depending upon the existing conditions encountered. Field Surveys Civil Survey Consultants will perform a topographic survey of the project limits as needed to prepare plan and profiles sheets. The field surveys will extend from right-of--way line to right-of--way line. Field surveys will include location of existing utilities where marked by the utility owner, and verification of depth bypot-holing. Utility locations will be assumed to be a straight line between marks and potholes. Construction Documents Civil Survey Consultants will prepare plans as necessary to construct the described utility improvements. The plans are anticipated to consist of one cover sheet; one general note sheet; three sheets of Meridian standard details; seven plan and profile sheets; one sediment and erosion control plan sheet; and one .... • Grady February 1, 2006 Page 2 of 3 traffic control plan sheet for a total of fourteen sheets. The plans will be prepared in 34"x22" format with an anticipated scale of 1"=20'. Civil Survey Consultants will prepare contract documents and specifications using City of Meridian standard documents as needed to publicly bid the work. Civil Survey Consultants will prepare an opinion of construction cost for budgeting purposes. This scope of services is based upon the assumption that all work will occur within existing public right- of-way. No new right-of--way or easement acquisition will be required for this work. Should additional right-of--way or easements be required, the work effort associated with their acquisituion will be provided as a supplement to this agreement. Civil Survey Consultants will submit the plans, contract documents and specifications to the City of Meridian, Ada County Highway District and Idaho Department of Environmental Quality for review and approval prior to construction. One original set of final approved plans, specifications and contract documents will be provided to the City of Meridian for their use in obtaining bids and construction of the project. All fees associated with obtaining plan review and approval will be paid by the City of Meridian. Bidding and Award The City of Meridian will perform all work necessary to obtain bids for this project including publishing the plans, specifications and contract documents; publishing the advertisement for bids; distribution of the plans, specifications and contract documents to prospective bidders; conducting the bid opening; tabulating the bids received; and awarding the contract to the successful bidder. Civil Survey Consultants will be available to answer contractor's questions prior to the bid opening; attend the bid opening; and assist in selecting the successful bidder as necessary. Construction Civil Survey Consultants will provide one set of construction stakes for the improvements. Civil Survey Consultants will be available to answer questions during construction and attend meetings to resolve construction issues. Construction observation and construction management will be provided by the City of Meridian. Civil Survey Consultants will prepare monthly payment estimates during construction and submit them to the City for approval. Civil Survey Consultants will evaluate any change order requests and provide a recommendation to the City regarding approval. Record Drawings Civil Survey Consultants will prepare record drawings of the completed improvements. The City of Meridian will provide one set of red-lined plans showing any changes that occur during construction. Civil Survey Consultants will prepare record drawings based upon the red-lined plans and provide the City one hard copy and one electronic copy in ".pdfl' format. Grady February 1, 2006 Page 3 of 3 Fees Civil Survey Consultant will provide the design services as outlined above for a not to exceed amount of $33,145.00 unless approved in writing by the City of Meridian. Civil Survey Consultants will provide construction services on a time and materials basis. The current estimate for construction services is $7,280.00. A man-hour and fee estimate is attached. Sincerely, CIVIL SURVEY CONSULTANTS, INC. Tim Burgess, P.E. 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C O ~ I I I I ~ C' C I I ~ m f0 I i I ~ U U i i i I IC C s~, t N _~ U t_ N ~•' ~ iHjH! :rn!m'~ ~N ~ alp IC'7'O1;N •O1.Ol Zi ZI w~v~lc'n! !~~w w` ~Iw O ~ , to cc22I I O O Q C • I• I• •m U i N N N ` ja'U al. 9 010 010 ~ O o ; j iO o ~ O o l o o 'i o ~ !~ ~ ~ . ~ I ~ I I~~'yj, ~ ~~~ m V IN NI rY Ui 'U: II lam, I . ~ I ' _ ~ , I ~ I ! N U N '.O~- ~ p O ~ c > 7 ,~ a m v~ y U (Q L ~ U a ° ~C 7a o I° °~O' I 010 O' i i ~ O OO O~ I NN O ) I O 'V f- I ri Sri I I ao I~~~j~l ~ O I I I INI~~y I t i ~} I 2 j i ~ I I I I ~ I i I,~I i ~ I j l I I c O ' I I I ~ i ' ~ I i j i I l I i I! I I l j I i _ 8 I am' I j ~ I 7 U N ~1'. ~ p a' a ~ i Ic hI I a is °'~ ~ ; ~ ly aY7~ i ° ~1 i I c91a •p 0 0 O W N IN t~; LL 0 0 U N w O H O O ~~- M M fA M LL 01 N •~ X ~ W N F" ~ J •..~-t. 7 W Q O F- o O m 1 ~ E 1. ORDERING OFFICE (name and Idaho Department of Lands Southwest Area FPD 8355 W State Street Bode, Idaho 83703 4. CONTRACTOR a. name and address Meridian FUe Department 540 E Frallklln Merkfian, Idaho 83642 EQUIPMAENT RENTAL ac~t~enllfau~llMBER MUST APPEAR ON ALL PAPERS RELATING TO TFg3 AGREEMENT 2 AGREEMENT NUMBER IDL-610-06-029 3. EFFECTIVE DATES a. beginning 06!01/06 I b. ending 12!31/06 5. POINT OF HIRE pocation when hued) 6. THE WORK RATE IS BASED ON ALL OPERATING SUPPLIES BEING FURNISHED BY b. EIN/SSN:82-6000225 ^ CONTRACTOR ®GOVERNMENT b. telephone number (day) d. telephone number (night) 7. OPERATOR FURNISHED BY 208.888-1234 FAX 208"895-0390 377-7351 Dispatch ®CONTRACTOR ^ GOVERNMENT 8. TYPE OF CONTRACTOR ('X' appropriate boxes) ^ SMALL BUSINESS ~ LARGE BUSINESS ^ SMALL DISADVANTAGED OWNER ^ WOMEN OWNED ^ LABOR SURPLUS AREA ®OTHER 9. ITEM DESCRIPTION {Include make, model, year, serial number and axessories) a. Structural Engine i,ccc E2 1986 Ford,1000g.,'380gpm pump, Foam: SN~FDRK84NSGVA48266 • . Uc.fi MFD 306 ~ ~ '~o GA/ L~x ,~~Vf J=a,-...~. c=xPrt~~ arc. r~ ~~F~~ 3f~5 ~. d. e. f. 9• f 4. SPECIAL PROVISIONS 10. NUMBER OF 11. W OPERATORS a, rate 3 Un $82.00 $1,291 $1,614 OR DAILY 12 SPECIAL 13. GUARANTEE b. unft a. rate b. unit (6 or more hours) operated NA NA NA hr day/1 shift day/2 shifts Un~oerated: AFire-Service Organizafion with equipment hired at the un-operated rant, w8h salaried ~pbY~ will submit an invoke for personnel time. IDL will re6nburse the FSO for actual payrell costs, including benefits, Tor resources assigned to an incklent. No other admini~afive or backfili costs will be allowed. Original payment packages are to be returned to the Idaho Depar6nent of Lands for audit and payment as stated in the Interagency Incident Business Management Handbook, 51.7 Exhibit 02, under Fire Service Organizations. Wildiand fire respon~. For initial attack within the FSO District or mutual response zone, there grill be no payment to the FSO resource for the first tour (4) hours of use, ff an FSO resource is needed beyond the four hour period, or for a dispatch outside the District/mutual response zone, the FSO resource order shag be requested through the wildiand agency's dispatch center and confirmed thro h IDL or SITPA far bi/ll~ing purposes, QNy a/~pparatu/s listed on the current SERA rrray be hired, ~ (%l ®f ~(,ri~/~fli./~~1+~ _..u~i1111J1i~e.. 15. 19. PRI NAME AND E '° - ~- A ~R/~/a/rt~A~rtd]/ers~e~/~ L °' t ,'~ NSN 7540-01-121-8825` /~/ ~ i ~~ 't ~ ~ PREVIOUS EDn'ION NOT USABLE de`~~~~c ~',y R~~F`p~~BrFBBr11 6!!6®~1~,~,` 17. CONTRACTING OFFICER'S SIGNATURE 18. DATE ~0. PRINT NAME AND TITLE Burt Houston Fire Warden SWI ` ~°O ~ USDANSDI~ ~ ~~~~ 50294-too ' 6 1. ORDERING OFFICE (name and . Idaho Department of Lands SatthwestArea FPD 8355 W State Street Boise, Idaho 83703 4. CONTRACTOR a, name and address Meridian F(re Department 540 E Franklin Meridian, Idaho 83642 AC3REEMEI1tti~JMBER MUST APPEAR ON ALL PAPERS RELATING TO THIS AGREEMENT 2 AGREEMENT NUMBER IDL~10-06-029 3. EFFECTNE DATES a. beginning 06/01/Q8 I b. ending 12/31/06 5. POINT OF HIRE (location when hired) 6. THE WORK RATE IS BASED ON ALL OPERATING SUPPLIES BEING FURNISHED BY ^ CONTRACTOR ®GOVERNMENT b. telephone number (day) d. telephone number (night) 7. OPERATOR FURNISHED BY 20888-1234 F'~ ~~~ 377-7351 Dispatch ®CONTRACTOR ^ GOVERNMENT 8. TYPE OF CONTRACTOR (`X appropriate boxes) ^ SMALL BUSINESS ^ LARGE BUSINESS ^ SMALL DISADVANTAGED WVNER ^ ViIOMEN OVVN® ^ LABOR SURPLUS AREA ®OTHER 9. ITEM DESCRIPTION 10. NUMBER OF include make, model, year, serial number and accessories) OPERATORs a. Structural Engine;,cc~. E2 3 1986 Ford,1000g.,'380gpm pump, Foam: SN:-FDR!®4N8GVA48266 Lk:.~ MFD 306 Lic. rt , F~7 ~34.~5 c. d. e. f. 9• 14. SPECIAL PROVISIONS 11. WORK OR DAILY 12 SPECIAL 13. GUARANTEE a. rate b• unit a. rate b. unit _ (8 or rrmre hours) Un operated NA NA NA $92.00 hr $1.291 dey/1 shift $1,614 ~y/2 shifts Un-0oerated: A Fire Service ~ganizafion with equipment hintd at the un-0perated rate, witfr salaried empbyees, will submit an irrvoice for personnel tune. IDL wip reimburse the FSO for actual payroll costs, including benefits, for resources assigned to an incident. No outer administrathre or backflll costs will be allowed, Original Pey~ Packa9~ are to be t~umed to the klaho Deparbnertt of Lands far audR and payment as stated in the Irrteragenry Incident Business Management Handbook, 81.T Exhibit OZ, under Fire Senri~ Organizations. Vlfitdland fire response. For initial attack within the FSO District or mutual response torte, there will f~ no payrra3nt to the FSO resource for the first four (4) hours of use. if an FSO re~urce is needed beyond the four hour period, or for a dispatch outside the DistricUmutual response zone, the FSO resource order shop be requested through ttte wildland agency's dispatch center and confirmed through IDL or SiTPA for billing Purposes. Only apparatus listed on the current SERA may be hired. 15. CONTRACTOR'S OR AUTHORIZED AGENTS SIGNATURE 16. DATE 17. CONTRACTING OFFICER'S SIGNATURE 18. DATE 19. PRINT NAME AND TITLE 20. PRINT NAME AND TITLE Ron Anderson Fire Chief Kurt Houston Fire Warden SWI NSN 7540.01.121.8825 PREVIOUS EDITION NOT USABLE OPTIONAL FORM 294 (R6y g.gpl USDAtUSDI sow-cos EQUIPAAENT RENTAL Farm VI--9 Re uest for Tax a er (Rev. December 2000) q P Y Give farm to the Identification IVurnber and Certification requester: Do not Department of the ireawry Irnemal Revarwe Service send to the IRS. Na e ( ee Specifi Instructions on page 2.) ~ DE-~7' T Business name, if different from above. (See Specific Instructions on page 2J M L N •i Check appropriate box: ~ IndividuaUSole proprietor ~ Corporation ~ Partnership ~ Other - _~~m~~- a ------ ---------- rn Address (number, street, and apt. or suite no.) Requesters Warne and address (opUonaQ w d n ,A a F''c''~L1C City, state, and ZIP code c1d~c~ \'p ~3LQ~ta- Taxpayer Identification Number Cfl Enter your TIN in the appropriate box. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 2. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 2. Note: if the account is in more than one name, see fhe chart on page 2 for guidelines on whose number to enter Certification Under penalties of perjury, I certify that: Social security number I Or pEmployer idePnt~ification number Ust account number(s) here (optional) For U.S. Payees Exempt From Backup Withholding (See the Ir1SVl1CtI0nS On page Z.) 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number eo be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. person (including a U.S. resident alien). Certification instructions. You must cross out item Z above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your [ax return. For real estate transactions, item 2 does no[ apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. (See the instruction, on page 2.) Sign I Signature of Here U.S. person - Purpose of Foran A person who is required to an information return with the IRS must get your correct taxpayer idenUficaUon number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, canco,~iation of deb[, or contributions you made to an IRA Use Form W-e only if you are a U.S. person (including a resident alien), to give your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Cenify the TIN you are giving is correct (or you are wafting for a number to be issued), 2. Certify you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If you are a foreign person, use the appropriate Form W-8. See Pub. 515, Uftthholding of Tax on Nonresident Aliens and Foreign Corporations. Note: if a requester gives you a form other than Form W-9 to request your TIN, you must use tite requester's form if it is substantially similar to tius Form W-9. What is backup wiUtholding? Persons making certain payments to you must withhold and pay to the IRS 31% of such payments under certain conditions. This is tailed "backup withhoiding.° Payments that may be subject to backup withholding include interest, dividends, broker and barter exchange transacticns, rents, royalties, nonemployee pay, and certain payments frorn fishing boat operator. Real estate VansacUons are not subject [o backup withholding. If you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return, payments you receive will not be subject to backup withholding. Payments you receive will be subject to backup withholding iF. 1. You do not famish your TIN to the requester, or 2. You do not certify your TIN when required (see the Part III insWcUons on page 2 for details), or 3. The IRS tells the requester that you famished an incorrect TIN, or 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends en your tax return (for reportable Interest and dividends only), or ®ate ® °S / I' ~~rp 5. You do not terrify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See the Part II instructions and the separate Instructions for the Requester of Form W-9. Penalties Failure to famish TIN. If you fail to famish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in na backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment Misuse of T1Ns. If the requester discloses or uses TINs in violation of Federal law, the requester may be subject to civil and criminal penalties. Cat No. 10231X Fonn W-9 (Rev. 12-2000) u The following clauses shall be applied to the administration and enforcement of EERA's GENERAL CLAUSES TO EMERGENCY EQUIPMENT RENTAL, AGREEMENT FORM OF 294 (11-30-20(?4) Since the equipment needs of the Government and availability of Contractor's equipment during an emergency cannot be determined in advance, it is mutually agreed that, upon request of the Government, the Contractor shall furnish the equipment listed herein to the extent the Contractor is willing and able at t~ time of order. The following personnel are authorized to place orders against this agreement, Dispatchers, Buying Team Members, Finance Section Chiefs, Procurement Unit Leaders, Contracting Officers and Purchasing Agents. At time of dispatch, a resource order number will be assigned. The Contractor shall fiunish the assigned resource order number upon arrival and checkin at the incident. The Incident Commander or responsible Government Representative is authorized to administer the technical aspects of this agreement. Equipment furnished under this agreement may be operated and subjected to extreme environmental and/or strenuous operating conditions which could include but are not limited to unimproved roads, steep, rocky, hilly terrain, dust, heat, and smoky conditions. As a result, by entering into this agreement, the Contractor agrees that what is considered wear and tear under this agreement is in excess of what the equipment is subjected to under normal operations and is reflected in the rates paid for the equipment. When such equipment is fiunished to the Government, the following clauses shall apply: CLAUSE 1. Condition of Equipment -All equipment furnished under this agreement shall be in acceptable condition. The Government reserves the right to reject equipment that is not in safe and operable condition. T7re Government may allow tl~e Contractor to correct deficiencies within 24 hours. No payment for travel to an Incident or point of inspection, or return to the point of hire, will be made for equipment that does not pass inspection. No payment will be made for time that the equipment was not available. CLAUSE 2. The time under hire shall start at the tune the equipment begins traveling to the incident after being ordered by the Government and end at the estimated time of arrival back to the point of hire after being released, except as provided in Clause 7 of these General Clauses. CLAUSE 3.Operating Supplies - As identified in Block 7, operating supplies include fuel, oil, filters, Tube%il changes. Even though Block 7 may specify that all operating supplies are to be fiunished by the Contractor (wet), the Government may, at its option, elect to furnish such supplies when necessary to keep the equipment operating. The cost of such supplies will be determined by the Government and deducted from payment to the Contractor. CLAUSE 4. Repairs -Repairs to equipment shall be made and paid for by tl~ Contractor. The Government may, at its option, elect to make such repairs when ~ i crew(s) is/are ordered in writing for the second shift. 3) Agency personnel at the Section Chief Level may, by resource order, authorize a second operator or crew (Double Shift), if needed during the assignment. b. Method of Payment. Lump-sum payment will normally be processed at the end of the emergency assignment. However, partial payment may be authorized as approved by the incident agency. Payment for each calendar day will be made for (1) actual units ordered and performed under Work or Daily, shift basis and/or Special rates or (2) the guarantee earned, whichever is the greater amount. CLAUSE 7. Exceptions. a. Daily Rate or Guarantee - No further payment under Clause 6 will accrue during any period that equipment under hire is not in a safe or operable condition or when Contractor furnished operator(s) is not available for the assigned shift or portions of the assigned shift. Payment will be based on the hours the equipment was o assigned shift, as docur~nted on the shift ticket versus the desperational during the the Incident Action Plan. ~~~ ~~ ~ ~~ on b• If ~ Contractor withdraws equipment and/or o Government, no further a P~tOr(s) Prior to being released by the p yment under Clause 6 shall accrue and the Contractor shall bear all costs of returning equipment and/or operator(s) to the point of hire. c. After inspection and acceptance for u~, equipment and/or fuunished operator(s) that cannot be replaced or equipment that cannot be repaired at the site of work by the Contractor or by the Government in accordance with Clause 4, within 24 hours, ~y ~ considered as being withdrawn by the Contractor in accordance with Paragraph B above, except that the Government will bear all costs of re to the point of hire as promptly as emergency condih'o~nsnwill ~ oment and/or operator(s) d. No payment will accrue under Clause 6 when the contractor is off shift in compliance with the mandatory "Work/Rest" and "Length of Commitment" provisions. As an option to rotating personnel, or taking a mandatory day off without pay, the Contractor may be released from the incident. CLAUSE 8. When Government subsistence incident camps are available, meals and bedding for Contractor's operator(s) will be fuurnished without charge. Government will fiunish meals and lodging without cost if hoteUrestaurant subsistence is the approved camp for incident personnel Double occupancy of hotel rooms may be required. Contractors are not paid per diem or lodging expenses to and from incidents. CLAUSE 9. Loss, Damage, or Destruction a. For equipment furnished under this EERA without operator, the Government will assume liability for any loss, damage or destruction of such equipment, except that no reimbursement will be made for loss, damage or destruction due to: (1) ordinary wear or • i CLAUSE 14. CLAIM SETTI,EMEN'I. AUTHORITY For the the successor Contracting Officer is any Contracting Officer acting~within t_he~c~legat d~ warrant authority, under the clauses of this agreement, and limits set by the incident agency. CLAUSE 15. CHANGES TO EMERGENCY EQUIPMENT RENTAL AGREEMENTS. Changes to Emergency Equipment Rental Agreements (FFRA°s made by the original si )~ OF-294 may only be ~g Procurement official If the original signing procurement official is not available and adjustments are deemed executed at the incident and shall be applicable only for t$e d~ureat on of thatm id nt. The agreement will include mine and location of the incident. CLAUSE 16. FIREARM -WEAPON PROHIBITION. The possession of firearms or other dangerous weapon (18 USC 930 (fj(2) are prohibited at all times while on Government property and during performance of services, under this term. dangerous weapon does not include a pocket knife with a blade lesscethan 2'/z inches in length or a multipurpose tool such as a leatheiYnan. CLAUSE 17. WORK REST and LENGTH OF ASSIGNMENT: The Contractor is required to follow the work rest guidelines as established by the NWCG. Refer to website for the guidelines: www.nwcg.gov CLAUSE 18. HA,RRASSMENT FRFF WORKPLACE. Contractors shall abide by "U.S. Code, Title VII, Civil Rights Act of 1964, Executive Order EO-93-05, Secretary's Memorandum 4430-2 Workplace Violence Policy, and Harassment Free Workplace (29 CFR Part 1614)". Regulations can be found at www gpoaccess.gov/ CLAUSE 19. Definitions. The following definitions for Block 8 of the FFR A ~e added: Information about business size is collected for tracking purposes only. a. SMALL BUSINESS is one that is independently owned and operated and is not dominate in the field for which it is being signed up, subject to the following size standards: (1) Motorcar and Truck Rental Without Operator -average annual receipts for its preceding 3 fiscal years do not exceed 12.5 million, (2) Equipment Rental With Operator -average annual receipts for its preceding 3 fiscal Yeats do not exceed 3.5 million. b. SMALL DISADVANTAGED-OWNED BUSINESS is a small business concern that is at least 51 percent unconditionally owned by one or more individuals who are both socially and economically disadvantaged, or a publicly owned business that has at least 51 percent of its stock unconditionally owned by one or more socially and economically disadvantaged individuals and that has its management and daily business controlled by one or more such individuals. • • (vi) 52.233-4, Applicable Law for Breach of Contract Claim (OcT 2004} (Pub. L. 108-77, 108-78). (2) Listed below are additional clauses that apply: (i) 52.232-1, Payments (Apr 1984). (ii) 52.232-8, Discounts for Prompt Payment (Feb 2002). (iii) 52.232-11, Extras (Apr 1984). (iv) 52.232-25, Prompt Payment (Oct 2003). (v) 52.233-1, Disputes (July 2002). (vi) 52.244-6, Subcontracts for Commercial Items (Dec 2004). (vii) 52.253-1, Computer Generated Forms (Jan 1991). (b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply: (1) The clauses listed below implement previsions of law or Executive order: (i) 52.222-19, Child Labor -Cooperation with Authorities and Remedies (June 2004) (E.O. 13126). (Applies to contracts for supplies exceeding the micropurchase threshold.) (ii) 52.222-20, Walsh Healey Public Contracts Act (Dec 1996) (41 U.S.C. 35-45). (Applies to supply contracts over $10,000 in the United States, Puerto Rico, or the U.S. Virgin Islands). (iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Dec 2001) (38 U.S.C. 4212) (Applies to contracts of $25,000 or more). (iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C.793). (Applies to contracts over $10,000, unless the work is to be performed outside tl~e United States by employees recruited outside the United States.) (For purposes of this clau~, United States includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.) (v) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Dec 2001) (38 U.S.C. 4212) (Applies to contracts of $25,000 or more). • 52.208-6 Marking of Lease Vehicles (APR 1984) Tl~ applicable Service Contract Act Wage Determination No. 1995 - 0221, Rev. 14 Dated 6/24/04 is incorporated herein. (See Clause 52.222-41 above.) • 52.208-6 Marking of Lease Vehicles (APR 1984) The applicable Service Contract Act Wage Determination No. 1995 - 0221; Rev. 14 Dated 6/24/04 is incorporated herein. (See Clause 52.222-41 above.) • • February 10, 2006 MERIDIAN CITY COUNCIL MEETING February 14, 2006 APPLICANT ITEM NO. 6-~ REQUEST License Agreement for the Wastewater Treatment Plant Expansion Project 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 meeiin~ shall become property of the Cffy of Meridian. • • j{EC~;i VEj Memo To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Len Grady, City Engineer Date: 02/09/2006 Re: Proposed Agenda Item for February 9, 2006 City Council Meeting The Public Works Department respectfully requests the following items be placed on the February 14 City Council agenda, under department reports, for Council's consideration: License Agreement for the Wastewater Treatment Plant Expansion Project. A request for a license agreement with the Nampa and Meridian Irrigation District for work near the Five Mile Drain near the southem boundary of the Wastewater Treatment Plant has been received by the Public Works Department: Recommended Council Action: The Public Works Department recommends that City Council approves the License Agreement for work near the Five Mile Drain near the southern boundary of the Wastewater Treatment Plant and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page 1 i • LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this day of , 2006, by and among NAMPA.& MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the "District", and CITY OF MERIDIAN, 33 East Idaho, Meridian, Idaho 83642 party or parties of the second part, hereinafter collectively referred to.as the "Licensee", WITNESSETIi: WHEREAS, Licensee is the owner of real property (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District owns the irrigation ditch or canal known as FIVE MILE DRAIN (hereinafter collectively referred to as "ditch or canal"), an integral part of the District's irrigation works and system, together with the easement therefor to convey irrigation and drainage water, operate, clean, maintain, and repair the ditch or canal, and access the ditch or canal for those purposes; and, WHEREAS, said ditch or canal and easement crosses and intersects Licensee's real property as shown on Exhibit B attached hereto and by this reference made a part hereof; and, WHEREAS, the Licensee desires a license to engage in construction or activity affecting said ditch or canal or the District's easement in its course across the lands of the Licensee in the manner and under the terms and conditions hereinafter set forth; and, WHEREAS, it is necessary that the District protect ditches and its right of way along its ditches; NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as follows: 1. The Licensee shall have the right to modify the said ditch or canal or encroach upon the District's easement along said ditch or canal in the manner generally described in the "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof. Any modification of said ditch or canal by the Licensee or encroachment upon the District's easement along said ditch or canal shall be performed and maintained in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. 2. This agreement pertains only to the Licensee's modification of said ditch or canal or encroachment to the District's easement for the purposes and in the manner described herein. The Licensee shall not change the location of the ditch or canal, bury the ditch or canal in pipe, or otherwise alter the ditch or canal in any manner not described in this agreement without first obtaining the written permission of the District. 3. Each facility ("facility" as used in this agreement means any object or thing of any nature installed in or on the District's easement by the Licensee or the Licensee's predecessor in interest) shall be constructed, installed, operated, maintained, and repaired at all times by the Licensee at the cost and expense of the Licensee. 4. Licensee agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's easement so as not to constitute or cause: a. a hazard to any person or property; b.. an interruption or interference with the flow of irrigation water in the ditch or canal or the delivery of irrigation water by the District; c. an increase in seepage or any other increase in the loss of water from the ditch or canal; d. the subsidence of soil within or adjacent to the easement; e. any other damage to the District's easement and irrigation works. 5. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any of the Licensee's construction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph, 4.a. through 4.e., or any other damage to the easement and irrigation works which may be caused by the construction, installation, operation, maintenance, repair, and any use or condition of any facility. 6. Licensee agrees that the work performed and the materials used in such construction shall at all times be subject to inspection by the District and the District's engineers, and that final acceptance of such work shall not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. 7. The District reserves the right, at the District's option, to remove any facility installed by the Licensee and to repair any alteration by the Licensee of safd ditch or canal and the easement therefor which does not comply with the terms of this agreement, and to remove any impediment to the flow of water in said ditch or canal and any unsafe condition or hazard caused by the Licensee, at any time, and the Licensee agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. If the Licensee shall fail in any respect to properly maintain and repair such facility, then the District, at its option, and without impairing or in anywise affecting its other rights and remedies hereunder, shall have the right to perform the necessary maintenance and repairs and the Licensee agrees to pay to the District, on demand, the cost or expense which shall be reasonably expended or incurred by the District for such purposes. The District shall give reasonable notice to the Licensee prior to the District's performing such maintenance, repair or other work except that in cases of emergency the District shall attempt to give such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any claim of any kind by Licensee or any third party against the District for failure to exercise the options stated in this paragraph, and Licensee shall indemnify, hold harmless and defend the District from any claims made against the District arising out of or relating to the terms of this paragraph except for claims arising solely out of the negligence of the District. LICENSE AGREEMENT -Page 2 ~ ~ 8. Neither the terms of this agreement, the permission granted by the District to the Licensee, the Licensee's activity which is the subject of this agreement, nor the parties exercise of any rights or performance of any obligations of this agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the jurisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its ditches, canals, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this agreement. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this agreement or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction or, at the option of the District, this agreement shall be of no force and effect and the Licensee shall cease all activity and remove any facility authorized by this agreement. 9. In addition to all other indemnification provisions herein, Licensee further agrees to indemnify, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense (including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent acts or omissions of Licensee or its agents, contractors or subcontractors in performing the construction and activities authorized by this agreement. 10. The Licensee agrees that the District shall not be liable for any damages which shall occur to any facility, structure, plant, or any other improvement of any kind or nature whatsoever which the Licensee shall install on the said easement area of the District in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of said ditch or canal. The Licensee further agrees to suspend its use of the said easement area when the use of the easement area is required by the District for maintenance or repair under this or any other paragraph of this agreement. 11. Licensee shall place no structures, pathways or landscaping of any kind above or within the District's easement area except as referred to in this agreement or exhibits hereto without the prior written consent of the District. Nor shall Licensee permit, authorize or grant any other person or entity to excavate, discharge, construct or place any structures, pathways or landscaping within the District easement without the prior written consent of the District. 12. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully resisting enforcement of the provisions of this agreement, or the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. 13. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation works and system of the District by this agreement, nor to grant any rights in its irrigation works and system incompatible with the uses ~to which such irrigation works and system are devoted and dedicated and that this contract shall be at all times construed according to such principles. 14. Nothing herein contained shall be construed to impair the right of way of the District in the said ditch or canal and all uses of said ditch or canal by the Licensee and the license herein provided therefor shall remain inferior and subservient to the rights of the District to the use of said ditch or canal for the LICENSE AGREEMENT -Page 3 transmission and delivery of irrigation and drainage water. 15. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms and conditions of this agreement, the license of the Licensee under the terms hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in or over said ditch or canal, and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal by the District with its equipment for the maintenance of its said ditch or canal may be removed by the District. 16. The Licensee agrees to pay attorney fees or engineering fees charged by the attorney for the District or by the engineers for the District in connection with the preparation of this License Agreement or in connection with negotiations covering the terms and conditions of this License Agreement. Licensee also agrees to pay any fees incurred in connection with the recording of this Agreement. 17. Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third party against District. 18. This agreement is not intended for the benefit of any third party and is not enforceable by any third party. 19. If any provision of this agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions of this agreement shall remain in full force and effect. 20. The word "Licensee", if used in the neuter in this agreement, includes the masculine and feminine genders, the singular number includes the plural, and the plural number includes the singular. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, all of the lands of the Licensee described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. NAMPA & MERIDIAN IlZRIGATION DISTRICT ATTEST: Its Secretary By Its President - LICENSE AGREEMENT -Page 4 • ATTEST: STATE OF IDAHO ) ss: County of Canyon ) CITY OF MERIDIAN By. CJ On this day of , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared and Daren R. Coon, known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at ,Idaho My Commission Expires: STATE OF IDAHO ) )ss. County of Ada ) On this day of _ ,2006, before me, the undersigned, a notary public in and for said state, personally appeared and ,known to me to be the and ,respectively, of the CITY OF MERIDIAN, the political subdivision and municipality that executed the foregoing instrument, and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Residing at ,_ My Commission Expires: LICENSE AGREEMENT -Page 5 - - --- , • , ,. ~ ~ , WARRANTY DEED FOR VALUE RECEIVED, HEBER J. SPENCER, a widower, the Grantor, does hereby grant, bargain, sell and convey unto the CITY OF MERIDIAN, a municipal corporation, 728 Meridian Street, Meridian, Idaho 83642, the Grantee, the following described premises, to-wit: A parcel of land lying in the SE 1/4 of Section 34, T. 4N., R. 1W., B,M., Ada County, Idaho, and more particularly described as follows: Beginning at the Southeast corner of the said. SE 1/4 of Sec. 34; thence North 0°53'14" East 1,107.89 feet along the Easterly boundary of the said SE 1/4 of Section 34, which is also the centerline of Ten Mile Road, to a point on the centerline of fivemile Creek, also said point being the REAL POINT OF BEGINNING; thence continuing North 0°53'14" East 100.88 feet along the said Easterly boundary of the SE 1/4 of Section 34 to a point on the centerline of Creason Lateral; thence North 48°43'20" West 199.25 feet along the said centerline of Creason Lateral to a point of curve; thence Northwesterly along the said centerline of Creason Lateral along a curve to the left 57.46 feet, said curve having a central angle of 10°47'40", a radius of 305.00 feet, tangents of 28.82 feet, and a long chord of 57.38 feet bearing Narth 54°07' 10" West to a point of tangent; thence North 59°31'00" West 41.06 feet along the said centerline of Creason Lateral to a point of curvet thence Northwesterly along the said centerline of Creason Lateral along a curve to the left 167.00 feet, said curve having a central angle of 31°10'00", a radius of 307.00 feet, tangents of 85.62 feet and a long chord of 164.94 feet bearing North 75° 06°00" West to a point or reverse curve= thence continuing North- westerly along the said centerline of Creason Lateral along a curve to the right 107.40 feet, said curve having a central angle of 10°08'00", a radius of 607.25 feet, tangents of 53.84 feet and a long chord of 107.26 feet bearing North 85°37'00" West to a point of tangent; thence North 80°33'00" West 141.23 feet along the said centerline of Creason Lateral. to a point of curve; thence Northwesterly along the said centerline of Creason Lateral along a 'curve to the right 39.74 feet, said curve having a central angle of 34°30'00", a radius of 66.00 feet, tangents of 20.49 feet and a long chord of 39.14 feet bearing North 63°18'00".West to a point of tangent; thence North 46°03'00" West 96.38 feet along the said centerline of Creason Lateral to a point of curve; thence North- westerly along the said centerline of Creason Lateral along a curve to the left 57.08 feet, said curve having a central angle of 19°28'00", a x'adius of 168.00 feet, tangents of 28.82 feet and a long chord of 56.81 feet bearing North 55°47'00" West to a point of tangent; thence North 65°31'00" West 115.81 feet along the said centerline of Creason Lateral to a point of curve; thence Exhibit A, page 1 Lorthwesterly along the said centerline of Creason Lateral along a curve to the left 70.57 feet, said curve having a central angle of 15°44'00", a radius of 257.00 feet, tangents of 35.51 feet and a long chord of 70.35 feet bearing North 59°02'OQ" West to a point of tangent; thence North 66°54'00" West 146.38 feet along the said centerline of Cresson Lateral to a point of curve; thence Northwesterly along the said centerline of Cresson Lateral along a curve to the xight 34.62 feet, said curve having a central angle of 21°06'00", a radius of 94.00 feet, tangents of 17.51 feet and a long chord of 34.42 feet bearing North 56°21'00" West to a point of tangent; thence North 45°48°QO" West 125'.65 feet along the said centerline of Creason Lateral to a point of curve; thence North- westerly along the said centerline of Creason Lateral along a curve to the right 114.76 feet, said curve having a central angle. of 37°18'QQ", a radius of 176.28 feet, tangents of 59.50 feet and a long chord of 112.74 feet bearing~North 27°09'00" West to a point of reverse curve; thence Northwesterly along the said centerline of Creason Lateral along a curve to the left 145.77 feet, said curve having a central angle of 46°24'00", a radius of 180.00 feet, tangents of 77.15 feet and a long chord of 141.82 feet bearing North 31°42'OQ" West to a point of tangent; thence North 54°54'00" West 98.65 feet along the said center- line of.Greason Lateral to a point of curve; thence Northwesterly along the said centerline of Cresson Lateral along a curve to the right 31.65 feet, said curve having a central angle of 11°20'00", a radius of 160.00 feet, tangents of 15.88 feet and a long chord of 31.60 feet beariY-g'North 49°14'00" West to a point of tangent; thence North 43°34'00" West 154.36 feet along the said centerline of Cresson Lateral to a point of curve; thence Northwesterly along the said centerline of Cresson Lateral along a curve to the left 143.46 feet, said curve having a central angle of 14°36'00", a radius of 563.O.Q feet, tangents of 72.12 feet and a long chord of 143.07 feet bearing North 50°52'00" West to a point of tangent; thence North 58°10'OQ" West 138.17 feet along the said centerline of Cresson Lateral to a point of curve; thence Northwesterly.along the said centerline of Creason Lateral along a curve to the right 28.43 feet, said curve having a central angle of 40°43'00", a radius of 40.OQ feet, tangents of 14.84 feet and a long chord of 27.83 feet bearing North~37°48'3Q" West to a point of tangent] thence North ,l7°27'00" West 137.18 feet along the said centerline of Creason Lateral to a point on the Northerly boundary of the said SE 1/4 of Section 34; thence North 89°16'09" West 650.10 feet along the said Northerly boundary of the SE 1/4 of Section 34 to a point marking the Northwest corner of the said SE 1/4 of Section 34; thence South 0°46'49" West 1,347.70 feet along the Westerly boundary of the said SE 1/4 of Section 34 to a point on the said centerline of Fivemile Creek; thence South 89°04'20" East 433.18 feet along the said centerline of Fivemile Creek to a point of curve; thence Southeasterly along the said centerline of Fivemile.Creek along a curve to the right 98.64 feet, said curve having a central angle of 16°46'20", a radius of 337.00 feet, tangents of 49.68 feet, and a long chord of 98.30 feet bearing South 80°41'10" East to a point of tangent; thence South 72°18' QO" East 182.16 feet along the said centerline of Fivemile Creek Exhibit A, page 2 • curve having a cexitral angle of 24°50'50", a radius of 229.00 feet, tangents of 50,45 feet, and a long chord of 98.53 feet bear- ing North 80°35'25" East to a point of tangent; thence North 68°10'00" East 147.95 feet along the said centerline of Fivemile Creek to a point of curve; thence Northeasterly along the said centerline of Fivemile Creek along a curve to the right 53.16 feet, said curve having a central angle of 21°18'00", a radius of 143.00 feet, tangents of 26.'89 feet, and a 1ong.chord of 52.86 feet bearing North 79°49'00" East to a point of tangent; thence North 89°28'00" East 360.49 feet along the said centerline of Fivemile Creek to a point of curve; thence Southeasterly along the said centerline of Fivemile Creek along a curve to the right 42.03 feet, said curve having a central angle of 37°03'00", a radius of 65.00 feet, tangents of 21.78~feet, and a long chord of 41.30 feet bearing South 72°00'30" East to a point of tangent; thence South 53°29'00'° East 243,60 feet along the said centerline of Fivemile Creek to the paint of beginning. j Together with all water, water rights, ditches and ditch rights of way appurtenant thereto or connected therewith. This conveyance. includes all oil,, gas and mineral rights and all of the Grantors right, title and interest under that Lease dated August 20, 1973 between H, J. Spencer and Standard Oil Company of California, recorded under recorder's fee ne. 868393, records of Ada County, Idaho. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, its successors and assigns forever. And the said~Grantor:adoes hereby covenant to and with the said Grantee, that he is the owner in fee simple of said pr~smises; that said premises are free from all encumbrances, and that he will warrant and defend the same from all lawful claims whatsoever. DATED September f~., 1975. ~~/ Exhibit .A, gage 3 STATE OF IDAHO ) ss. County of Ada ) On this ^~ day of September, 1975, before me, the undersigned, a Notary Public in and for said State, personally appeared HESER .T.. S$ENCER, a widower, known to me to be the person whose name is subscribed to the foregoing instrument, and acknow- ledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand .and affixed my official seal, the day and year in this certificate first above written. i/""~ ~ ,~ (SEAL, 4 '~ ~ h,, ~ " y ~ !! ~ y"a . •1 .~. . -.~ ~ } ~ o ary Pu is or I a o Residence: Meridian, daho. Comm. expires: ~, /ada CaurrtY. Bd~l7az: ~. iietyuas~ of ' ~~P9~1~'~~L~ 5irn$ v7 - 9~1. Date ~' - /7- fs" CL.d~f~EhdC~' t3. ~L1ki4~'6'Ib"~ ~c ~o~^Z Exhibit A, page 4 ~~ Exhibit B C: EXHIBIT C Purpose of License The purpose of this License Agreement is to permit Licensee to: 1. construct, install, maiitain and repair two conduits, for purposes of providing power to the entrance gate on Licensee's property, parallel to and within the District's easement for the Five Mile Drain, all within Licensee's real property, the Meridian Wastewater Treatment Plant, located northwest of the intersection of Ten Mile Road and Ustick Road in Meridian, Ada County, Idaho. EXHIBIT D Special Conditions a. Construction shall be in accordance with Exhibit D-1, attached hereto and by this reference made a part hereof. The conduits shall be two inches and shall be located parallel to the Five Mile Drain and 36 inches below grade. b. Licensee shall notify the water superintendent of the District prior to and immediately after construction so that he or the District's engineer's may inspect and approve the construction. c. The Licensee recognizes and acknowledges that the license granted in this agreement by the District pertains only to the rights of the District as owner of an easement. The District has no right or power to create rights in the Licensee affecting the holder of title to the property subject to the District's easement. Any such rights affecting fee title must be acquired by the Licensee from the holder of title to the property. Should Licensee fail to obtain such rights from the holder of title to the property or should the rights obtained prove legally ineffectual, Licensee shall hold harmless, indemnify and defend the District from any claim by any party arising out of or related to such failure of rights and at the option of the District this agreement shall be of no force and effect. d. Licensee represents that Licensee has complied with all federal, state or other laws, rules, regulations, directives or other requirements in any form regarding environmental matters, and specifically those relating to pollution control and water quality, as may be applicable under the subject matter, terms or performance of this agreement broadly construed. Licensee recognizes its continuing duty to comply with all such requirements that now exist or that may be implemented or imposed in the future. By executing this agreement the District assumes no responsibility or liability for any impact upon or degradation of water quality or the environment resulting from the discharge or other activity by Licensee which is the subject of this agreement. e. Licensee hereby indemnifies, holds harmless and shall defend the District from any and all penalties, sanctions, directives, claims or any action taken or requirement imposed by any party or entity, public or private, with respect to environmental matters relating to the subject matter, terms or performance of this agreement unless the District shall be solely responsible for the condition or activity which gives rise LICENSE AGREEMENT -Page 6 • • to any such penalty, sanction, directive, claim ,action or requirement. f. In the event the District is required by any governmental authority to acquire or comply with any permit or other operational requirements associated with Licensee's discharge and other activity which is the subject of this agreement, Licensee shall indemnify, hold harmless and defend the District form all costs and liabilities associated with such permit and other requirements, including but not limited to all costs associated with all permit acquisition, construction, monitoring, treatment, administrative, filing and other requirements. g. The parties to this agreement recognize this license agreement is an accommodation to Licensee. The District by this agreement does not assume, create, or exercise legal or other authority, either express or implied, to regulate control, or prohibit the discharge or contribution of pollutants or contaminants to the District's facilities or to any groundwater, waters of the State of Idaho or the United States, or any other destination. Such authority, to the extent that it exists, is possessed and exercised by governmental environmental agencies. h. Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the District's easement, nor perform any construction or activity within the District's easement for the Five Mile Drain except as referred to in tt-ss agreement or exhibits thereto without the prior written consent of the District. The District's easement for the Five Mile Drain is 100 feet, 50 feet to either side of the centerline. i. Construction shall be completed one year from the date of this Agreement. Time is of the essence. LICENSE AGREEMENT -Page 7 • ~~; ill;, m ~ i - `~~- ro ~ ' ~ ~ ~ , ,~ x i= ~~ ~ 'f~ .: ~: i~ ,I'- il1_ s~ i~ I(, ~ ;' ~, ~ .. ~ ~ ~~ ® ~~ g~ ~ ~ ii r-~ t i 9 ' ii ~ ~ ~_J r~r ~ ~, [/~ ~ f/ j/''`M~ J i~ i ////~ . i ~ ~j i ~ /// N rtrr~~0.4~Rrr~NW r ~ ~ i i ~ ~ ~ ~% E° ~ ~ _ ~ ~ ; ;~ - ~. U ._ ~ u 1 4 -~ U~ t I gggyyP g@P wz~gg v Qg P P t H p r H t M p IiR~ ~~F+ A"~ ~~+8 g~{~~ ~ 8~ ~ 5°~ C yy~ ~ ~~ ~®$~®~~ ~~ pg$~ ~• ~ ~~ ~~ r ~~ ~ ~ ~ ~ ~ ~~~~ ~~ 8~ ~ ~ ~ ~ ~ P '+r s e~~~~ 3~gMe o~~ B ~uwxustErmt~rxe~t~rwwr I17 ~ €gv~~ sEamrvoate SITE ELECTRICAL PLAN Exhibit D-1 • ~ February 10, 2006 MERIDIAN CITY COUNCIL MEETING February 14, 2006 APPLICANT ITEM NO. 6-F REQUEST Contract for F~cpedition Technical Assisttance and Pipeline Project with CH2M HILL AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CfTY PLANNING DIRECTOR: CITY A17ORNEY 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 stray become property of fhe Cffy of Meridian. RECE:dV~'L (SEE ®~ ~~~~ City ®f Meridian City Clerk Office Memo To: William Berg, Jr.; Tara Green From: Clint Dolsby, P.E., Staff Engineer CC: Len Grady, P.E., City Engineer Date: 02/09/2006 Re: Proposed Agenda Items for February 14, 2006 City Council Meeting The Public Works Department respectfully requests the following items be placed on the February 14 City Council agenda, under Consent Agenda, for Council's consideration: ~~ Expedition Technical Assistance. CH2M HILL has submitted a task order and budget for the engineering services and support that is an extension of the agreement that was executed by the mayor in December. They propose to complete the work for an additional $5,000 (total of $10,000). They have provided excellent support on the program and helped immensely with the creation of the forms and documents that we will use to track this and other construction projects through to completion. These additional funds will allow us to complete the setup process and keep them available for on~all support. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 3"~ of January, 2006 for the Engineering Services for Miscellaneous Wastewater Projects. This project provides engineering services and support for the expedition program for construction management at the Wastewater Treatment Plant Expansion Project. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the F~cpedition Technical Assistance and Pipeline Project with CH2M HILL for an additional $5,000 and authorize the Mayor to sign it. South Area Lift Station and Pipeline Proiect. Ashley Land Services has submitted an agreement for professional services with a budget. They propose to complete the work for $10,000. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 3'~ of January, 2006 for the Engineering Services for Miscellaneous Wastewater Projects. • Page 1 C~ • This project provides professional services for assistance with the land acquisition and easements for the lift station and pipelines in the south area. Recommended Council Action: The Public Works- Department recommends that City Council approves the contract for the South Area Lift Station and Pipeline Protect with Ashley Land Services for $10,000 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 • Amendment No.1 Due to the nature of the work, the Consultant will invoice for their services on a time and materials basis with a total not-to-exceed amount of $10, 000 without prior approval. Time and expenses will be charged as detailed in Exhibit B. City of Meridian Expedition Technical Assistance. This Amendment is part of the AGREEMENT between the City of Meridian, Idaho (City) and CH2M HILL (Consultant) for Expedition Technical Assistance dated 12/21/05. The on-call Expedition Software technical assistance provided by the Consultant per the original AGREEMENT has reached the budgetary limit of $5,000. The purpose of this amendment is to modify the authorized budget in the AGREEMENT as described below. 1. REPLACE the "Project Budget" section of the AGREEMENT in its entirety with the following. Project Budget For CITY, City of Meridian Idaho dated this Signature: Name (printed): Title: For CONSULTANT, CH2M HILL INC. NIA ~ dated this a~"2 day, of 2006, Signature: Name (printed): day of C7 2006, Title: • • February 10, 2006 MERIDIAN CITY COUNCIL MEETING February 14, 2006 APPLICANT ITEM NO. 6-G REQUEST Contract for South Area Lift Station and Pipeline Project with Ashley Land Services AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CIiY WATER DEPT: GITY 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: i Materials presented at pubflc meetings sha0 become properly of the City of Meridian. • iZE~F~°a%~ x> Fce - s wm City ®f°Iilel~.dia~ City Clerk ®ffiee J To: William Berg, Jr.; Tara Green From: Clint Dolsby, P.E., Staff Engineer CC: Len Grady, P.E., City Engineer Date: 02/09/2006 Re: Proposed Agenda Items for February 14, 2006 City Council Meeting The Public Works Department respectfully requests the following items be placed on the February 14 City Council agenda, under Consent Agenda, for Council's consideration: Expedition Technical Assistance. CH2M HILL has submitted a task order and budget for the engineering services and support that is an extension of the agreement that was executed by the mayor in December. They propose to complete the work for an additional $5,000 (total of $10,000). They have provided excellent support on the program and helped immensely with the creation of the forms and documents that we will use to track this and other construction projects through to completion. These additional funds will allow us to complete the setup process and keep them available for on-call support. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 3`~ of January, 2006 for the Engineering Services for Miscellaneous Wastewater Projects. This project provides engineering services and support for the expedition program for construction management at the Wastewater Treatment Plant Expansion Project. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the F~cpedition Technical Assistance and Pipeline Project with CH2M HILL for an additional $5,000 and authorize the Mayor to sign it. South Area Lift Station and Pipeline Proiect Ashley Land Services has submitted an agreement for professional services with a budget. They propose to complete the work for $10,000. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 3"~ of January, 2006 for the Engineering Services for Miscellaneous Wastewater Projects. • Page 1 • i This project provides professional services for assistance with the land acquisition and easements for the lift station and pipelines in the south area. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the South Area Lift Station and Pipeline Project with Ashley Land Services for $10,000 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 • AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made this day of , 2006, by and between Larry A. Cadwell, DBA Ashley Land Services, 747 Spyglass Way, Eagle, Idaho 83616, hereinafter called "Contractor", and the City of Meridian, 33 E. Idaho Avenue, Meridian, Idaho 83642, hereinafter called `Principal". For and in consideration of the mutaal promises and covenants hereinafter set forth, the Contractor and the Principal agree as follows: SECTION I SERVICES In connection with various right of way and land acquisition projects, the Contractor shall perform the following services for the principal in accordance with generally accepted professional standazds and in accordance with such requirements or restrictions as may be lawfully imposed by governmental authority: 1. Determine ownership of land and improvements and secure permission to survey across private lands to be acquired by easement and/or acquisition, using maps and diagrams provided by the Principal. Public records will be seazched to determine ownership. 2. Secure title reports 3. Prepaze appraisals of pazcels and, if appropriate, affected improvements over which easements and/or purchases are to be acquired for the Principal. 4. Prepare recommendation to Principal of offer to be made for an appropriate easement/purchase across each private parcel. 5. Prepare all appropriate easements/purchases and options aad include descriptions, subordinations and exhibits, as required. Proper forms to be furnished by the principal as required 6. Negotiate with owners, secure appropriate documents in properly recordable form with necessary signatures and pay consideration by voucher or make arrangements for payment thereof 7. Deliver to Principal properly executed documents for recording or its files, as maybe appropriate. • 8. Settle problems and claims during and after construction and secure appropriate release documents. 9. Keep the Principal informed of progress of each individual phase indicated above. SECTION II COMPENSATION The Principal agrees to pay Contractor and Contractor agrees to accept as full and complete compensation for the services to be performed hereunder according to the terms hereof, an amount determined in accordance with Exhibit A. Principal agrees to reimburse Contractor for charges and expenses, if any, as maybe incurred or expended by Contractor with Principal's prior approval, such as notary fees, appraisal fees, abstract fees, etc. These charges represent the entire consideration to be paid Contractor by Principal for the furnishing of above personnel and services. Contractor shall pay all applicable federal and state taxes, including self- employment and payroll taxes, inc~irance, wages and salaries of Contractor's employees in performance of the work and shall comply with all applicable laws and regulations relating to the employment of labor. SECTION III CONTRACTOR BILLING SUPPORT DOCUMENTS Contractor shall submit statements for hours worked, miles traveled and out-of- townmotel and food expenses during the preceding month to Principal on the first day of each month, and Principal agrees to pay Contractor the amount due within ten (10) days after receipt of same marked for the attention of person designated by the principal. Contractor shall submit original receipted invoices or receipts to support all claims for reimbursable charges and expenses. Contractor shall submit statements to Principal for all reimbursable expenditures as provided herein on the first and fifteenth day of each month, and Principal agrees to pay Contractor the amounts of such invoices within ten (10) days after receipt of same. SECTION IV TIME FOR COI/~VIENCEMENT AND COMPLETION The term of this agreement shall commence on the date this Agreement is signed and terminate on 30 days prior notice or at the time the project is completed. • • SECTION V INDEPENDENT CONTRACTOR This is not an agreement of partnership or employment between Contractor, or of any employees Contractor may have, and Principal. It is understood and agreed that any equipment used or personnel employed by Contractor in performing this Agreement shall, at all times, be under the sole and exclusive control of Contractor. Contractor agrees to perform the work contemplated under this Agreement as an independent contractor, and not as a subcontractor or employee of the principal. SECTION VI PRINC]PAL' S REPRESENTATIVE The Principal's representative for the purpose of this Agreement shall be or such other person as a Principal may designate in writing. The Principal's representative shall exercise no supervision or the Contractor but shall be available to the Contractor for consultation or advice and shall have access to Contractor during working hours. In addition, Principal's representative shall be kept advised of the status of each phase of service being provided by Contractor, and Contractor shall keep advised as to any legal problems which may arise in providing service. Whenever approval or authorisation from or communication or submission to the Principal is required by the terms of this agreement, such communication or submission shall be directed to the Principal's representative, and approvals or authorizations from the Principal shall be issued only by the Principal's representative. SECTION VII OWNERSI-IIP OF SUPPLIES, EQUIPMENT AND DOCt;fMENTS Upon completion of the project and/or termination of this Agreement, all rema~~g supplies and equipment far which Principal has paid or reimbursed Contractor shall become the property of the Principal Likewise, title to all designs, studies, plans, specifications and other material related. to the project locations and structures shall remain the property of the Principal and shall be returned to the Principal. SECTION VIII ]NDEMNIFICATION Contractor agrees to protect, defend, indemnify and hold harmless the Principal, its offitcers, directors, employees and agents against and from any and all liability, losses or claims, including attorney fees, growing out of injury to or death of persons or damage to properly arising from the acts or omissions of the Contractor, its employees or agents under this Agreement. • ! SECTION IX OPTIONAL TERMINATION Principal may, at its option, terminate this Agreement in whole or from time to time in part at any time by written notice thereof to Contractor, whether or not the Contractor is in default. Upon any such termination, Contractor shall waive any claims for damages, including loss of anticipated profits, on account thereof, but as the sole right and remedy of Contractor, Principal shall pay Contractor in accordance with Subparagraph (ii) below, provided, however, that those provisions of the agreement which by their very nature survive under Contract shall remain in full force and effect after such termination to the extent provided in such provisions. (I) Upon receipt of any such notice, Contractor shall, unless the notice requires otherwise: (a) Immediately discontinue work on the date and to the extent specified in the notice; (b) Place no fiuther orders or subcontracts for materials, services or facilities, other than as may be necessary or required for completion of such portion of work under the Agreement that is not terminated; and (c) Promptly make every reasonable effort to obtain cancellation upon terms satisfactory to Principal of all orders and subcontracts to the extent they relate to the performance of work terminated, or assign to Principal those orders and subcontracts and revoke agreements specified in such notice. (ii) Upon any such termination, Principal will pay to Contractor an amount determined in accordance with the following (without duplication of any item): (a) All amounts due and not previously paid to Contractor for work completed in accordance with this Agreement prior to such notice and for work thereafter completed as specified in such notice. (b) The cost of settling and paying claims arising out of the termination of work under subcontracts or orders as provided iri Subparagraph (I) (c) above. (c) Any other reasonable actual costs incidental to such termination of work. < • • SECTION X EQUAL EMPLOYMENT AGREEMENT AND CERTIFICATION The attached form entitled "EQUAL EMPLOYMENT AGREEMENT AND CERTIFICATION", attached hereto as Exhibit B, is hereby made part of this Agreement. The Contractor shall certify compliance by appropriate execution hereof and agrees to continue such compliance during the life of this Agreement. SECTION XI INSURANCE AGREEMENT AND CERTIFICATE The Contractor, at his own expense, shall procure and maintain during the entire term of the Agreement, the following types of in~ran~e with limits as specified: (A) Worker's Compensation Insurance shall be statutory limits and shall comply with the laws of the state in which the work is to be performed. Employer's Liability Insurance shall have the following minimum limits: Bodily Injury by Accident - $100,000 each accident Bodily Injury by Disease - $500,000 policy limit Bodily Injury by Disease - $100,000 each employee (B) Automobile Liability Insurance covering all owned, non-owned, or hired automobiles used in connection with the work. Bodily Injury and Property Damage Liability limits shall not be less than $500,000 each accident Combined Single Limit. An endorsement shall be issued naming Principal as an additional insured. (C} Commercial General Liability Insurance with limits not less than $500,000 each occurrence Combined Single Limit. An endorsement shall be issued naming Principal as an additional insured. (D) Any of the Contractor's Subcontractors of any tier shall be required by the Contractor under the terms of any subcontract to obtain like inctrrance coverage to that specified in Paragraphs A, B, C, and E of this Article. (E) Insurance coverage described in Paragraphs A, B, C and D above shall be carried with Insurance companies satisfactory to Principal. Prior to commencing work, under this Contract, Contractor shall provide the Principal a Certificate of Insurance evidencing such in~ranCe coverage and naming Idaho Power Company as additional insured on the coverage described in Paragraphs B and C. These certificates shall contain a provision that coverage afforded shall not be canceled until at least thirty (30) days prior written notice has been given to the principal. C~ C~ (F) If requested by Principal, Contractor shall provide a copy of the original insurance policies and all endorsements. SECTION XII This Agreement maybe amended only by written instrument signed by both the Principal and the Contractor. SECTION XIII NOTICES All notices and payments hereunder shall, in absence of a different written designation, be sent to the following addresses: CONTRACTOR: Lary A. Cadwell 747 Spyglass Way Eagle, Idaho 83616 PRINCII'AL: City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 • • SECTION X1V AGREEMENT EXECUTION This Agreement shall be executed in the State of Idaho, and it shall be construed and interpreted according to the law of the State of Idaho. However, this provision shall not excuse Contractor from compliance with all federal, state, county and municipal laws, regulations and ordinances applicable to Contractor or the work in the states and municipalities where the work is to be performed hereunder. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and yeaz first written above. City of Meridian By: Its: By: Its: CONTRACTOR Larry A. Cadwell ~ ~ EXHIBIT A PROFESSIONAL SERVICES RATE SHEET LARRY A. CADWELL, DBA ASHLEY LAND SERVICES CLIENT: CITY OF MERIDIAN 1. BASIC HOURLY RATE - $75.00 PER HOUR 2. MILEAGE RATE -IRS ACCEPTABLE RATE (currently 44.5 ¢ per mile} 3.OFFICE SUPPLIES, RECORDING FEES, MISCELLANEOUS NECESSARY AND APPROVED EXPENDITURES - AT COST Contract not to exceed ten thousand dollars ($10,000.00) • . February 10, 2006 MERIDIAN CITY COUNCIL MEETING February 14, 2006 APPLICANT ITEM NO. 6-H REQUEST Findings of Fact and Conclusions of Law for Pretermination Hearing for Kelly Krommenhoek, 2735 West Higan Street AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: _,,g CITY PARKS DEPT: r r G~ 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: Con#acted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. i • BEFORE THE MERIDIAN CITY COUNCIL C/C2-10-06 IN THE MATTER OF THE ) REQUEST TO EXTEND PAYMENT ) FOR WATER & SEWER SERVICES ) ORDER APPROVING EXTENSION FOR PAYMENT KELLY KROMMENHOEK ) OF WATER & SEWER SERVICES APPLICANT The above entitled matter having come on for public hearing on February 7, 2006, and Kelly Krommenhoek appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore make the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT The Applicant, Kelley Krommenhoek, requested apre-termination hearing pursuant to MCC 9-1-21. 2. The Applicant requested an extension of payment for the water and sewer services to 2735 W. Higan Street, Meridian, Idaho until February 10, 2006. CONCLUSIONS OF LAW The provisions of Meridian City Code 9-1-21 govern the conditions upon which the City may exercise its authority to extend water and sewer service on a delinquent bill, but the exercise of that authority is discretionary as determined by the City Council. ORDER APPROVING PAYMENT EXTENSION FOR WATER & SEWER SERVICES - KROMMENHOEK, 2735 W HIGAN ST PAGE 1 OF 2 • DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby order and this does order: That the Applicant, Kelly Krommenhoek be granted an extension to pay for water and sewer services to 2735 W. Higan Street, Meridian, Idaho until February 10, 2006. By action of the City Council at its regular meeting held on the ~ day of ~,~`yi'w Gv~. v~ , 2006. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED _~~~~ COUNCILWOMAN JOE BORTON VOTED _~~~~ COUNCII,MAN CHARLIE ROUNTREE VOTED __~ -ems COUNCILMAN KEITH BIRD VOTED _ ~G~G~- MAYOR TAMMY de WEERD (TIE BREAKER) VOTED `~^ DATED: ~ ~~ ~-~ 6 MOTION: APPROVED: ~_ DISAPPROVED: ~~,,.• • •~ `, ~E~1~IA3~OR,T de WEERD b^ -, b' ATTEST: ~~~`~~`~`~ a .~~t,~ ~~ ~ A`%, ® - ~ o ~ CITY CLERK ®e® ~~~ ; y .'~°' BBL ~n ~~ .~ ~~ \` ~~~~~ ~ ~~ ~\`e~ Copy served upon Applicant, the Meri~a~,~,l~,~ilYmg Department and City Attorney. By• Dated: a -~ 5 `ODD City Clerk's Office ORDER APPROVING PAYMENT EXTENSION FOR WATER & SEWER SERVICES - KROMMENHOEK, 2735 W HIGAN ST PAGE 2 OF 2 • February 10, 2~6 Department Reports MERIDIAN CITY COUNCIL MEETING February 14, 2{~b APPLICANT Mayor's Office ITEM NO. 7'a' 1 REQUEST Proclamation /Recognition to Marshall Eichenberger 100th Birthday 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: IDAWO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings stwfl become properly of fhe City of Meridian. 'v ~ sr ~ {Y :. v,r- ~ ~ ~; C1TY C)F ~~'~ ' - ~ _ ~3t _ _ ~~x~. G'~'1G1~1~'l~ ~~'~ ~,;l~I It IDAHO .~e' si€scc 14U3 the Office of the ~-~layor Recognition & ProcCamation In Recognition of .~VlarsFi.aCC"Ike" Bichen6erger's Tooth Birthday 1Nhereas, in this day and age that an one hundredth birthday is a major milestone in anyone's life but especially for one that has grown up and raised a family in this valley; and Whereas, Marshall "Ike" Eichenberger will tum 100 years old on Saturday, February 18th, 2006; and ~1Nhereas, he is the last living member of the first graduating class in 1924 at Melba High School; and ~Nhereas, he is one of the last true pioneers with many everlasting adventures and experiences growing up in Melba and the Treasure Valley; ~Fierefore, I, Tammy de Weerd, Mayor of the City of Meridian and granddaughter do hereby proclaim Saturday, February 18, 2006 as .Mars(all "Ike" Eichen6erger Day in the City of Meridian in recognition for his 100th birthday celebration. Dated this 14th day of February, 2006. Tammy de Weerd, Mayor Shaun Wardle, City Council Joe Borton, City Council Keith Bird, City Council Charlie Rountree, City Council ~:. ~' CITY €7F - ±..,; _.: ;~ ~~~ tl ILIAI-Its OEffice of the Mayor 19Q Recognition & ProcCamation In Recognition of ~larshaL~"1'ke" Eicherc6erger's tooth .Birthday '1~Vhereus, in this day and age that an one hundredth birthday is a major milestone in anyone's life but especially for one that has grown up and raised a family in this valley; and Whereas, Marshall "Ike" Eichenberger will turn 100 years old on Saturday, February 18th, 2006; and '1Nhereas, he is the last living member of the first graduating. class in 1924 at Melba High School; and 1~Vhereas, he is one of the last true pioneers with many. everlasting adventured and experiences growirtg~ up in Melba and the Treasure Volley; ?~ierefore, I, Tammy de 1l4leerd, Mayor of the City of Meridian and granddaughter do hereby proclaim Saturday, February 18, 2006 as .~larsFalC"Ike" EicGenderger Day in the City of Meridian in recognition for his 900th. birthday celebration. Dated this 14th day of February, 201)8. Tammy de Weerd, Mayor Shaun Wardle, -City Gouncil Joe Gorton, City Council Keith Bird, City Council Charlie Rountree, City Council • • ~ `~: / , , CITY QF ~~ ~~' ~ ~ ~ ~ ~ '~ ~~ ez~z~zcn _ ?he Office of tFe Mayor Recognition & ProcCamation In Recognition of ~larsha(Z'"Ike" EicFaen6erger's tooth Birthday 1Nhereas, in this day and age that an one hundredth birthday is a major milestone in anyon~~ife but especially for one that has grown up and raised a family in this valley; and 1Nf areas, Marshall "Ike" Eichenberger will tum 100 years old on Saturday, February 18th, 2006; and "1NFtereas, he is the last living meml~r of the first graduating Gass in 1924 at Melba High School; and 1Nfiereas, he is one of the last true pioneerswith many everlasting adventures and experiences growing up in Melba and the Treasure Valley; ?~ierefore, I, Tammy de VYeerd, Mayor of the City of Meridian and granddaughter do hereby proclaim Saturday, February 18, 2006 as ~-~tarsFaCC"Ike" Eic6ien6erger Day in the City of Meridian in recognition for his 100th Birthday celebration. Dated this 14th day of February, 2006. Tammy de Weerd, Mayor Shaun Wardl®, City Council Joe Borton, City Council Keith Bird, City Council Charlie Rountree, City Council i • February 10, 200b Department Reports MERIDIAN CITY COUNCIL MEETING February 14, 2006 APPLICANT Parks Department -Doug Strong ITEM NO. 7-8-1 REQUEST Discussion of Meridian Youth Baseball and Softball Project Cost Issues with Amendment to the Agreement 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 art' ~~"`~'~ " ~~~ Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubUc meeitn~ shall become properly of the Cify of Meridian. ~ ~ CITY OF MERIDIAN PARKS & RECREATION DEPARTMENT /1lE/Z/~//x/40 ~Olti7`H %~'S~I~GL ~~Fi~T13f~GL ~ ,.7~/e. ,}ynev~.d/y~?~'~vDEVELOPMENT AND LICENSE AGREEMENT THIS AGREEMENT made and entered into this -~~ day of ~, by and between the City of Meridian, an Idaho Municipal Corporation, hereinafter called "City", and the Meridian Youth Baseball/Softball, Inc., a 501(c)(3) Corporation, hereinafter called "MYB/S INC." WHEREAS, "MYB/S INC." is a service organization dedicated to public service for fund raising in support of the youth of Meridian and Western Ada County; and WHEREAS, "MYB/S INC." and the "City" desire to cooperate to improve recreation opportunities for youth and the residents of Meridian and Western Ada County; and WHEREAS, the "City" has available a 23.5 acre parcel within Meridian Settler's Park; and WHEREAS, the "City" and "MYB/S INC." agree to designate the 23.5 acre parcel site as a Special Use park to support youth. WHEREAS, the "City" is willing, upon certain terms and conditions, to provide use of the entire 23.5 acre site for a period of time defined within this AGREEMENT; and NOW, THEREFORE, the parties hereto agree as follows: USE For and in consideration of promises contained herein, and other good and valuable consideration, "City" hereby gives and grants to "MYB/S INC." the right, privilege and license to use certain property (the "premises") Meridian Youth BasebalUSoftball complex more particularly described in Exhibit A, attached hereto and incorporated herein by reference and attachment, for purposes set forth in this agreement. 2. TERM OF AGREEMENT This AGREEMENT shall be for a term of twenty-five (25) years, with an option to renew by "MYB/S INC." for an additional ten (10) year period commencing on the ~ day of ~C1.,~~, 2op~. Notice must be given to the other party in writing to the other party at least ninety (90) days prior to the commencement of the option period if the renewal is not desired by either party. CITY OF MERIDIAN PARKS & RECREATION DEPARTMENT DEVELOPMENT AND LICENSE AGREEMENT PAGE 1 OF 10 ~ ~ DEVELOPMENT AND USE OF PREI\~IISE "MYB/S INC." will partner with the "City" to construct the park property for the use of "MYB/S INC." youth within the above-described area, which shall be constructed and maintained in accordance with the following provisions: a. "MYB/S INC." will provide funding necessary for the construction of the buildings and a portion of the facility premises as described by the department and shown on the Park Master Plan. b. Development of the premises shall be in the following noted phases, which shall be completed within three (3) years of the date hereof provided, and that two additional years may be granted if necessary and so long as good faith efforts to raise funds and make progress toward completion are demonstrated. Phase One shall include: All engineering and construction documents. 2. All baseball back stops and fencing. 3. The construction of the playing fields. 4. All underground utility construction. 5. Parking lot drainage, sub-base to grade and paving. 6. Curb, gutter, and sidewalks. 7. Fine grading for seed preparation, grass seeding. 8. Construction Management This Phase One is substantially complete and scheduled for final completion in September 2006. d. Phase Two shall include: 1. Construction of restroom/concession buildings. 2. Landscaping and trees. CITY OF MERIDIAN PARKS & RECREATION DEPARTMENT DEVELOPMENT AND LICENSE AGREEMENT PAGE 2 OF 10 i This Phase Two is to be substantially complete and scf~eduled for final completion in September 2007. Phase Three shall include: Construction of maintenance building. This Phase Three is to be substantially complete and scheduled for final completion in September 2009. f. MYB/S INC will provide funding for the following items: 1. All engineering and construction documents. 2. All baseball backstops and fencing. 3. Construction Management. 4. Construction of restroom/concession buildings. 5. Construction of maintenance building. 6. Landscaping and trees. 7. All change orders. g. "MYB/S INC." shall not use or permit the use of the premises for any other purpose without the express written consent of the "City". h. The portion of Meridian Settler's Park to which this agreement applies, is to remain open to public use when not scheduled for organized use by "MYB/S INC." related activities. "MYB/S INC." will provide a yearly schedule of events to "City". Park rules and regulations and applicable city ordinances will be observed and complied with. k. "MYB/S INC." understands that the premises licensed for use is first and foremost a "City" park and must obtain permission from "City" prior to the start of any earth work, grading or construction being performed. 1. "MYB/S INC." agrees to develop the park to "City" park construction specifications and all construction will require a building permit prior to the start of construction. CITY OF MERIDIAN PARKS & RECREATION DEPARTMENT DEVELOPMENT AND LICENSE AGREEMENT PAGE 3 OF 10 m. "IV1YB/S INC." agrees to maintain records of donations and record volunteer labor hours and provide the "City" copies of such records every six (6) months during the construction period. n. "MYB/S INC." agrees to perform the following site maintenance during their scheduled use of the site: stripe all playing fields; place a minimum of two trash receptacles at each play field, the "City" will provide the necessary trash receptacles and receptacle liners; remove the garbage from all trash receptacles and place in designated trash container at the end of each day that games are scheduled; provide a six yard trash container, and provide portable toilets as necessary. o. "MYB/S INC." shall be permitted to exclusively operate and maintain a food concession on site during their scheduled use. Maintenance and operation of concession operation shall include: maintain the interior of the concession building, obtain all appropriate permits and operate the concession to all City, County and State standards for a good operation; schedule, staff and manage concession operations; remove and properly dispose of litter generated from the concession operation. Revenue generated from the concession is to be placed towards the "MYB/S INC." program and other youth functions. p. "MYB/S INC." shall have the right to build and maintain, consistent with the terms of this agreement and the City's approved site Master Plan, maintenance/restroom with office on second story of the facility. q. "MYB/S INC." shall have sole and exclusive use of the interior of the concession and maintenance buildings, and all personal property stored in such buildings is the property of the "MYB/S INC.". The "City" maintains the right to schedule and reserve site facilities such as shelters, and restrooms during non-scheduled "MYB/S INC." youth program use times. p. "MYB/S, INC." may only charge admission to facilities in the park in the following circumstances: a regional or state tournament hosted by "MYB/S, INC." which is affiliated with a national sponsor such as Cal Ripken or Babe Ruth in which the sponsor requires the host to charge admission fees; prior advance written notice has been given to "City" at least 30 days in advance of the date of the tournament; and the proceeds from the admission fees shall be used to advance the goals and purposes of encouraging CITY OF MERIDIAN PARKS & RECREATION DEPARTMENT DEVELOPMENT AND LICENSE AGREEMENT PAGE 4 OF 10 youth athletic competition and fitness. In the event that charging admission fees results in litigation or controversy involving the "City", the parties hereto agree to meet and renegotiate the circumstances in which admission fees maybe charged. Except as provided herein, no admission charges shall be permitted for regular league play or any other regular activity of "MYB/S, INC." 4. CONDITIONS OF USE It is understood that during construction that the facility will be secured in a manner that reduces the opportunity for injury to anyone entering the property. b. It is understood and agreed by the parties that "City" has no obligation to pay for construction of the park unless agreed to in writing and attached to this License Agreement. "City" makes no warranty or promise as to the condition, safety, usefulness or habitability of the premises and "MYB/S INC." accepts the premises "as is". INDEMNIFICATION AND INSURANCE "MYB/S INC." indemnifies "City" and holds "City" harmless from any loss, liability, claim or action for damages or injury to "MYB/S INC.", or personal property, or their employees, agents, guests or business invitee(s) attending or participating in any "MYB/S INC." event, game or practice and arising out of or resulting from the condition of the premises or any lack of maintenance or repair thereon. It is further understood and agreed "MYB/S INC." shall not be considered agents of "City" in any manner or for any purpose whatsoever in their use and occupancy of the premises, and "MYB/S INC." hereby agrees to indemnify and hold "City" harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way arising out of or resulting from the use and occupancy of the LICENSED premises by "MYB/S INC.", their agents, employees, guests or business invitee(s) attending or participating in any organized "MYB/S INC." event, game or practice. If any claim, suit or action is filed against "City" for any loss or claim described in this paragraph, "MYB/S INC.", at "City's" option shall defend "City" and assume all costs, including attorney's fees, associated with the defense or resolution thereof, or indemnify "City" for all such costs and fees incurred by "City" in the defense or resolution thereof, however the "City" shall not be relieved hereby from liability for its own negligence or that of its employees. CITY OF MERIDIAN PARKS & RECREATION DEPARTMENT DEVELOPMENT AND LICENSE AGREEMENT PAGE 5 OF 10 In addition, "MYB/S INC." shall maintain, and specifically agrees to maintain throughout the term of this AGREEMENT, liability insurance in which "City" shall be named insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless "City"; and if "City" becomes liable for an amount in excess of the insurance limits, herein provided, "MYB/S INC." covenants and agrees to indemnify and save and hold harmless "City" from and for all such losses, claims, actions, or judgments for damages or liability to persons or property occurring as a result of attending or participating in any organized "MYB/S INC." event, game or practice. "MYB/S INC." shall provide "City" with a certification of insurance or other proof of insurance evidencing "MYB/S INC." compliance with the requirements of the paragraph and file such proof of insurance with: City of Meridian 33 East Idaho Street Meridian, Idaho 83642 In the event the insurance minimums of the Idaho Tort Claims Act are changed, "MYB/S INC." shall immediately submit Proof of Compliance with the changed limits. The "MYB/S INC." will provide "City" a detailed Master Plan as approved by the Board of Parks and Recreation Commissioners for which construction will be designed and built. 6. CITY RESPONSIBILITIES a. Phase One: 1. The "City" will pay for the construction of playing fields. 2. The "City" will pay for all underground utility construction. 3. The "City" will pay for parking lot drainage, sub-base to grade and paving. 4. The "City" will pay for pathway and sidewalk sub-base to grade and paving. 5. The "City" will pay for curb, gutter, and sidewalks. 6. The "City" will pay for fine grading for seed preparation, grass seeding. 7. The "City" will pay for Sprinkler irrigation installation. CITY OF MERIDIAN PARKS & RECREATION DEPARTMENT DEVELOPMENT AND LICENSE AGREEMENT PAGE 6 OF 10 i i b. The "City' will apply for and pay associated fees for all "City" and County permits and applications for construction purposes for improvements to the site. The "City shall pay all ACHD fees associated with this development. The "City" will approve all detailed specifications for construction of all site improvements to the park. d. The "City" will provide project inspections during construction to assure that all improvements are constructed to the approved specifications. e. The "City" shall perform all site maintenance other than what "MYB/S INC." has agreed to maintain as noted above in item 3. L. of this AGREEMENT. The City will accept maintenance after each phase of construction is complete and acceptable to the City as outlined herein. 7. TERMINATION UPON BREACH OR DEFAULT This AGREEMENT maybe terminated by either party upon a breach of this agreement and failure to cure such breach after sixty (60) days written notice. In such event, "MYB/S INC." shall be required to remove all personal property and otherwise vacate the premises on or before the expiration of the sixty (60) day period. In the event of a holdover by "MYB/S INC." beyond the sixty (60) day period, "City", in addition to and without waiver of any other rights or remedies it may have, may immediately re-enter and take possession and expel "MYB/S INC." from the premises, with or without process of law. In the event of re-entry by "City", "MYB/S INC." shall be liable for any damages suffered by "City", its agents or employees, and any costs, including legal expenses and attorneys fees, incurred by "City" in recovering the premises. 8. NON-WAIVER "City's" waiver on one or more occasion of any breach or default of any term, covenant or condition of this AGREEMENT shall not be construed as a waiver of any subsequent breach or default of the same or a different term, covenant or condition, nor shall such waiver operate to prejudice, waive or affect any right or remedy "City" may have under this AGREEMENT with respect to such subsequent default or breach by "MYB/S INC." shall be liable to "City" for all damages and costs, including legal expenses and attorney's fees, suffered or incurred by CITY OF MERIDIAN PARKS & RECREATION DEPARTMENT DEVELOPMENT AND LICENSE AGREEMENT PAGE 7 OF 10 "City" in the enforcement of any of the terms, covenants or conditions of the AGREEMENT. 9. SURRENDER OF PREMISES Upon the expiration or earlier termination or cancellation of this AGREEMENT, "MYB/S INC." agrees to quit and surrender the premises to "City" without causing or suffering any waste thereon. "City" hereby agrees that in consideration of "MYB/S INC." performance of the terms and conditions of this AGREEMENT, "MYB/S INC." may peaceably and quietly have and enjoy the said premises for the duration of this AGREEMENT. 10. ASSIGNMENT, SUBLEASE OR TRANSFER "MYB/S INC." shall not assign, sublet or transfer the LICENSED premises, or any portion thereof, or cause or suffer any alterations thereto, other than as specified in this AGREEMENT, without the express written consent of "City". 11. NOTICES a. All notices to be given with respect to this AGREEMENT shall be in writing addressed as follows: TO "MYB/S INC.": President Meridian Youth Baseball/Softball, Inc. P.O. Box 55 Meridian, Idaho 83680 TO "CITY": City of Meridian Director, Parks and Recreation Dept. 11 West Bower Street Meridian, Idaho 83642 With a copy to: City Clerk 33 East Idaho Street Meridian, Idaho 83642 b. Notice shall be either delivered or sent by certified mail, postage prepaid, return receipt requested to the party to be notified at the address specified above, or such other address as either party may designate in writing. Every notice shall be deemed to have been given at the time it is deposited in the United States mail, or upon CITY OF MERIDIAN PARKS & RECREATION DEPARTMENT DEVELOPMENT AND LICENSE AGREEMENT PAGE 8 OF 10 delivery to the party above specified, or their agent or legal representative. 12. ALTERATIONS "MYB/S INC." shall not make, or permit to be made, alterations on or to the premises without first obtaining "City's" written consent. Additions to, or alterations of, the premises shall become at once a part of the real property and belong to "City". "MYB/S INC." shall keep the premises free from any liens arising out of any work performed for, materials furnished to, or obligations incurred by "MYB/S INC." 13. "MYB/S INC." INSPECTION OF PREMISES "MYB/S INC." acknowledges that "MYB/S INC." has inspected the premises and does hereby accept the premises as being in good and satisfactory order, condition, and repair. "MYB/S INC." agrees that upon termination of this AGREEMENT for any reason, including the expiration of its term, "MYB/S INC." shall surrender the premises to "City" in the same good condition as received, reasonable wear and tear, damage by fire, or act of God excepted. 14. INSPECTON "MYB/S INC." shall permit "City" and "City's" contractors and employees, at any time, to enter the premises for the purposes of inspection for compliance with the terms of this Use AGREEMENT and for the exercise of "City's" rights, the posting of notices, and for all other lawful purposes. 15. APPROVAL BY CITY COUNCIL This AGREEMENT shall not be effective for any purpose whatsoever until it is approved by the resolution of the City Council and executed by the Mayor. By the granting of this LICENSE, the City Council is not obligating itself, the City of Meridian, its officers or agents, with regard to any other discretionary action relating to development or operation of said premises. Such discretionary actions include, but are not limited to, the granting or rezoning, variances, use permits, environmental clearances, or any other governmental agency approval that is required bylaw. 16. BINDING EFFECT: CITY OF MERIDIAN PARKS & RECREATION DEPARTMENT DEVELOPMENT AND LICENSE AGREEMENT PAGE 9 OF 10 This AGREEMENT and the teens and conditions hereof shall apply to and are binding upon the heirs, legal representative, successors and assigns of the parties. 17. PRIOR AGREEMENTS SUPERCEDED: This AGREEMENT contains the entire agreement between the parties as it pertains to the premises. IN WITNESS WHEREOF, the parties hereto have subscribed their names the day and year first above written. MERIDIAN CITY: MERIDIAN YOUTH BASEBALL/SOFTBALL, INC.: BY~i~!Iy , Tammy rd, Mayor n,g,~~1t!""RtPr ~w~~`4~4 ~,j- F BY: Attest: y~~ _ }r, - _ BY rZ~-- ~ ~ / 3 ...........`4,~ William G. Berg, Jr., Ci '~l v ~ ~ ~~~ ~ ,~`'' .~. .~~ ~` APPROVED AS TO FORM AND CONTENT: Director, ks & Recreati epartment z~- City Attorne a Risk Manager Z:\WorklMUVteridian\Meridian 15360M\Parks\Youth 2KProject\Development and License Agmt Meridian Baseball and Softball 02 OS O4.doc CITY OF MERIDIAN PARKS & RECREATION DEPARTMENT DEVELOPMENT AND LICENSE AGREEMENT PAGE 10 OF 10 C~ CT.~Y U~F MERID-IAN J DEVELOPMENT AND Y,ICENSE AGREEMENT MERIDIAN YCIUTS BASEBAL~SO-FTBALL, ]I1V~C. THIS AGREEMENT made and entered into this /~--~ day of ~,-- by a~ad between the City of Meridian, as Idaho Mutuc~pai Corteration, hereinafter called. "City", and the Meridian ~out6 Base6alUSofiball, Inc., a 501(c~(3) Corporation, hereinafter called "NfYB/S INC," WHEREAS, `~l31S INC." is a service organization dedicated to public service for fund raising in support of the youth of Meridian end western Ada County; and WHEREAS, `~V,[YB/S INC." and the "City" desire to cooperate to improve recreation opportunities for youth and the residents of Meridian ami Western Ada County; and WHEREAS, the "City" has available a 23.5 acre parcel within Meridian Settler's Park; and WHEREAS, the "City" and "MYl3/S INC." agree to designate the 23.5 acre parcel site 'as a Special Use park to support youth. WHEREAS, the "City" is willing, upon certain tears and conditions, to provide use of the entire 23.5 acre site for a period of time defined within this AGREEMENT; and ATUW, TSEREFURE, the parties hereto agree ~ follows: 1. USE: For and inconsideration of promises contained herein, and other good and valuable consideration, "City" hereby gives and grants to "M~i'BfS INC" the right, privilege and license to u~ gain properly (the "premises"} Meridian Youth Baseball/Soflball complex more particularly described in Exhibit A, attached hereto and incorporated herein by reference and attachment. 2. TERM OF AGREEA+~NT: This AGREr~ shall be for a term of twenty-five (25) years, with as option to renew by `~/S INC." for an additional ten (10) year period commencing an the ~ day of (~(~Q ,h ~ I't Notices must be given to the other party in writing to the ather party at least CITY OF MERIDIAN PARKS & IaECREATIUN l)EPARTMEIVT DEVEL©PMI?NT AND LICENSE AGREEMENT PAGE 1 OF 10 i n ninety (90~ days prior to the commencement of the option period if the renewal is not desired by either party- ' 3. DEVELOPMENT A11FD USE OF PREIi+IISE: "MYBNS INC." will construct the park property for the use of "1viYBlS INC." youth within the above-described a.~, ~rhich shall be constructed and maintained in accordance with the following provisions: o. "MYB/S INC."will provide all funding necessary for the construction of the facilities and premises as described by the department and shown on the Park Master Plan.. b. Development of the premises shall be in the following noted phases, which shall be completed within three (3) years of the date hereof provided, and that two additional years may be granted if necessary and so long as good faith efforts to raise funds and make progress toward completion are demonstrated. c. Phase tine shall include: 1. All engineering and construction documents. 2. The construction of the playing fields. 3. All underground utility construction 4, Forking lot drainage and sub-base to grade. 5. Pathway and sidewalk sub-base to grade. 6. Curb, gutter, sidewalks. 7. All baseball back stops and fencing. 8. Sprinkler irrigation installation, 9. Fine grading far seed preparation, gross seeding. This Phase One is substantially complete and scheduled for final completion in Suly 2005, d. Phase Two shall include: CITY OF MERIDIAN PARKS & RECREATIOAI DEPARTMENT DEVELOPMENT AND LICEhtSE AGREEMENT PAGE 2 OF 10 • . 1. Parking lot and pathway paving. 2. Construction of restro©m buildings. 3. Completion of landscaping and tree planting. ~. Construction of concession buildings_ S. Construction of maintenance building. e. "MYB/S IlVC." shall not use or permit the use of the premises for any other purpose without the express written consent of the "City" f. The portion ofMeridian Settler's Park to which this agreement applies, is to remain open to public use when not scheduled for orgenixed use by "MYB/S IIYC." related activities. g. "1MYBfS INC." will provide a yearly schedule of events to "City". h. Park rules and regulations and applicable city ordinances will be observed and cs~mplied with. i. "MYB/S INC: 'understands that the premises licensed for use is first and foremost a "City" park and must obtain permission from "City' prior to the start of any earth work, grading or construction being performed. "MYB/S INC "agrees to develop the park to "City" park construcxian specifications and all construction will require a building permit prior to the start of construction. k. "MYBlS INC." agrees to meautain records of donations and record volunteer labor. hours and provide the "City" copies of such records every six (6) months during the construction period. 1. "CIS INC." agrees ~ perform the following site maintenance durieg their scheduled use ofthe site: stripe all playing fields; place a minimum oftwo trash receptacles at each play field, the "Cit7~' will provide the necessary fresh receptacles and receptacle liners; remove the garbage frcmd all ~h r~eptacles and place in designated fresh container at the end of each day that games are scheduled; provide a six yard trash container, and provide portable toilets as necessary. CITY OF MERIDIAN PARIS & RECREATION DEPARTMENT DEVEI~?PMENT AND LICENSE AGREEMENT PAGE 3 QF 10 • • m. "MYBlS INC." shall be permitted to exchxsiveiy operaxa and maintain a food cx~ne~ession on site during them scheduled use. Maintenance and operation of concession operation shall include: mai~.in the interior of the concession building, obtain all appropriate ~rrnits and operate the conts~sian to all City, County and State standards for a good operation; schedule, staff and manage concession operations; remove and properly dispose of litter generated from the concession operation. Revenue generated from the concession is tv be placed towards the "MYBlS INC." grogram and other youth functions. n. "MYBlS II~TC." shall have th®righ# to build and maintain, consistea# with the terms of this agr~ment and the City's approved site Master Flan, maintenanrslrestroam with office on second story of the facility. o. "N.IYB/S INC." shall have sole and exclusive use of the interior of the buildings, and all personal property stored in such buildings is the property of the "MYB/S INC.". The "City" maintains the right to schedule and reserve site facilities such as shelters, and restraoms during non-scheduled "1vIYB1S INC." youth program use times. p. "M~'B/S, INC." may only charge admission to facilities in the park is the following circumstances: a regional or state tourname~ hosted by "MY8/S, INC." which ig affiliated with a national sponsor such as Cal Rip>~ren or Babe Ruth, in which the sponsor requires the host to charge admission fees; prior advance written notice has been given to "City" at least 30 days in advance of the date of the tournament; and the pm-c~s from the admission fees shall be used to advance the goals and purposes of encouraging youth athletic competition and fitness. In the evem that charging admission fees results in litigation or controversy involving the "City", tho parties hereto agree to meet and renegotiate the oircurnstances in which admission fees may be charged. Except as provided herein, no admission charges shall be permitted for regular leaguE play or any other regular activity of "MYBlS, INC." 4. CONDITIONS OF IISE: a. It is understood that during construction that the facility wilt be se~rred in a manner that reduces the opportunity for injury to anyone entcaring the property. CITY OF MERIDI~-N Y'ARKS 8t RECREATION DEPARTMENT DEVEL4FMENT AND LICENSE AGREEMENT PAGE 4 OF i4 b. It is understood aid agreed by the parties that "City" hats no obligexiom tp pay for construction of the park unless agreed to in writing and attached to this License Agreement. "City" makes no warranty yr promise ag to the condition, safexy, usefulness or habitability of the premitses and "MYB/S I~iC.» accepts the premises "as is". 5. TNDEICATI4N AND INSURAIVC~: "MY.~/S INC.» indemnifies "City" awed holds "City" harmless from any loss, liability, claim or actian for dasasges or injury to "MYB/S INC.», or personal pmperiy, or their employees, agents, guests ar business invitees} attending or participating in any "M3~B/S INC." event, genie or practice and arisuag out of or resulting from the condition of the premises or any lack of maintenance or repair thereon. It is further understood and agreed "MYS/S IlVC.» shall not be conside~l agems of "City" in any mam~er or for any purpose whatsoever in hair use and occupancy of the premises, and "MYBIS INC.» hereby agrees to iademnify and hold "City" harmless from any loss, liability, claim ar action from damages or injuries to persons ar property in any way arising out of or resulting from the use and occupancy of the LICENSED premises by "11~I5~B/S INC ", their agents, employees, gu~tss or business invitee(s) attending or participating in any organized "MYBIS INC "event, game or practice. If any claim, suit or action is filed against "City" for any loss or claim described. in this paragraph, "MYB/S INC.", at "City's" optioa shall defend "City" and assume all costs, including attorney's associated with the defense or resolution thereof or indemnfy "City" for all such costs and fees incurred by "Cit}~' in the defense or resolution thereof; however the "City" shall not be relieved hereby from liability for !ts own negligence or that of its employees. In addrtion, "MYBIS INC." shall mom, and specifically agrees t0 maintain throughout the term of this AGA~:E1~~lENT, liability insurance in which "City" shaft be named insured in the minimum amount as specified in the Idaho Tart Claims Act set forth in Title b, Chapter 9 of the Idaho Code. The limits afro shall not be deemed a li~nitutian of the cave~nts to indemnify and save and hold l~armtess "City»; and if "City" becomes liable far an amanuut in excess of the insurance limits, herein provided, "MYB/S 1NC," ~venan~ aid agrees to indemnify and save and hold harmless "City" from arni for all such losses, claims, actions, or judgnaems for damages or liability to persons ar pmperty ocauring its a result of extending or participating in any organized "~IYB/S Il~TC.» eveat, game or practice. "M3~B/S INC." shalt provide "City" with a certification CITY OF MERII?IAN PARKS BG R~CREATlOI~i X~1~ARTMEhPT DEVEIAPMEN'I' AND LICENSE ACrREEMENT PAGE 5 OF 10 of insurance or other proof of insuuance evidencing "MYB/S ]I+IC " Compliance with the requirements of the paragraph and fiie such proof of insurance with: City of Meridian 33 East IdShp Avenue Meridian, Idaho g364~ In the event the insurance minimums of the Idaho T®rt Claims Act are changed, "MYB/S I1~TC." shall irnmediatel~ submit Proof of Compliance with the changed limits. The "MYB/S INC," will provide "City" a detailed Master Plan as approved by the Board of Parks and Recreation Commissioners for which construction will be designed and built. 6. C1TY lEtESPON3IBIL117E5: a+ The °`City" will apply for and pay associated fees far all "City„ and County permits and applicsctions for construction purposes for improvements to the site. The "City shall pay all ACHI3 fees associated with this developmeirt. b. The "City" will approve all detailed specifications far construction of all site impmvem+ents to the parr. c. The "City" will provide project inspections during construction to assure all improvements are constructed to the approved specifications. d. The "City" shall perform all site mainenance other than what "MYB/S LNC." ls~s agareed to mg; Aim as no#~ above in item 3. L. of this A ~ .The City will accept maintenance after each phase of fiction is cainple~te and acceptable to the City as outlined herein. 7. TERM]NA'TI011T UPON BREACH OR DEFAULT: This AGE may be terminated by either party upon a breach of this agteemera and failure to cwe such breach a$er sixty {64) days written notice. In such event, "MYB/S INC." sb~all be required to remove all P~~ pmP~y and otherwise vacate the premises on or before the expiration of fire sixty {6U} day period. jn the event of a holdover by "MYB/S FNC." beyond the sixty {60} day period, "Cnty", in addition to aiad without werver of any other rights or remedies it may have, may CiT~' OF MERIDI'ANAN PARKS ~ REC1tEATION DEPARTM6IVT DE~JELOPMENT AND LICENSE AGREENJEIVT PAGE ~ OF 10 • • immediately re-enter and take possession anal expel "MYBlS IlVC." from fire premises, with or without process of law. In the event of re-emery by "City', "MYB/S IlVC." sifall. be liable for any de~nages sufferai by "City", its agents or employees, and any costs, including legal expenses and attorneys fees, incurred, by "City" in recovering the premises. 8. NON-~AIYEIi: "City's" waiver on one or more occasion of any breach or default of any term, covenantt or condition of this AGREEMENT shall not be construed as a waiver of any subsequent breach or default of the same or a diffe~rem term, covenant or condition, nor shall such waiver operate to prejudice, waive or affect any right or remedy "City" may have under this AGREEMENT with respesrt to such subsequent default ar breach by "MYB/S INC" shall be liable to "City" for all damaSes and costs, including legal expenses and axtomey's Bees, suffered or incurred by "City" in the enforcement of any of the terms, covenants or conditions of the AGR~. ~. $URR.ENDER OF PREAITSES: Upon the expiration or earlier termination or cancellation ofthis AGR~I'f, `2V1YB/S INC." agr~s to quit and suurender the premises to "City" without causing or suffering aay waste thereon, "City" hereby agrees that in eonsideratian of "MYB/S IlVC." performance of the terms and conditions of this ACr~, ``1Wiyg/S LNC." may peaceably and quietly have and enjoy the said premises for the duration of this AGREEMENT. 10. ASSIGNIVIENT, SUBLEASE OR TRANSFER: "MYBlS INC." shall na-t assign, sublet or transfer the LICENSED premises, or aay portion thereof; or cause or suffer any alterations thereto, other than as specified in this AGREEMENT, without the express written consent of "City". 11. NQTICES: a. All notices to be given with respect to this AGRI~F.M~.NT shall be in writing addressed as follows: TO "MYB/S INC.": President Meridian Youth $asebsll/SaftbnU, Inc. P.O. Bos S5 CITY OF MERIDIAN PARKS 8c RECREATION DEPARTMII+IT DEVEI.API-~1T AND LICENSE AGR]T PAGE 7 4~ 1Q • 19+ieridian, Idaho 83684 TO "CIT'~": City of Meridis~n Parks 8t Reereatlon Director 11 West Sower Streeg Meridian, Tdaho 83642 With a eopy to: City of 1V,Ieridi$o City Clerk 33 East Idaho Avenue Meridian, Idaho 83642 b. Nance shall b+e either delivered or sent by c~rtia~ed wail, postage prepaad, retuca recs~ipt requested to the party to be notified st the address ified above, ar such other address as either party may designate is writing. Every notice shall ~ deemed to have been given at the time it is deposited in the United States mail, ar upon delivery to the party above specified, or their agem or legal representative. 12. ALTERATEQNS: "MYB/S IlVC °' shall not make, or permit to be made, alterations on ar to the premises without first obtaining "City's" written coasent. Additions ta, or alterations of; the premises shall become at once a part o£the r~,l property and belong to "City". `2VIYBfS INC." shall ]keep the premises free from any lieas arising out of any work performed for, materials lumished 1x~, or obligations incurred by "MYBfS INC." 23. "MYB/S INC." ]NSPECI?ON QP PREMISES: "1VIYBIS ]NC." aclmowledges that "MAYA/S INC" hays inspeat~i the premises and does hereby accept the premises as being in good and satisfactory order, onnditioq and repair. "1V.[YB/S INC." agret~ that upon teamination of this AG1ZF.~:1VI~ for any- reasoq including the expiration of its term, "MYB/S XNC." shall suire~er the prenuscs to "City" in the same good condition as received„ reasonable wear and tear, damage by fire, or act of God excepted. 14. INSPECTp11T: "MYB/S INC." shall permit "City" aad "City's" contractors and employees, at anytime, to enter the premises for the Irurposes of CITY OF N1ERII?IAN PARKS 8c RECRF.~iTION D$PAR.TMENT DEVELOPMENT AND LIC~TSE AGREEMENT PAGE B of Ia • 15. APPROVAL BY CITY COUNCIL 'Phis AGREEMENT shalt not be effective far anY Purpose whatsoever until it is approved by the resolution of the City Council and executed by the Mayor. By the granting of this LFGEN'SE, the City Council is not obligating itself the City of 1Wleridian, its oEicers or agents, with regard to any other discretionary action relating to development or operation of said prenuses. Such discretionary actions include, but are not Limited to, the granting or rezoning, variances, use permits, environmental clearances, or any other govemmentat agency approve[ that is required by law. 1 ~. BINDING EFFECT: This AGREEMENT and the terms and conditions hereof shall apply to and are binding upon the heirs, legal repr~entatave, successors and assigns of the parties. 1?. PRIOR AGILE ~ S SUPERCEDED: This AGREEMENT contains the entire agreement between the parties as it pertains to the premises. IN WITNESS WI +' EOF, the parties here have subscribed their manes the day sand year first above written MERIDIAN CITY: MERIDIAN YOUTH EASEBALLfS®FTBALL, l[NC.: Y. ~ ~~ B BF: Tammy Mayor President ~<<t~iti a ~i rri~l,~ Attest: BY,~, ,r,~w. ~ / William G. Berg, Jr., ~p~~tr,~~e. 6~ t ;~ ~o C3` ~o~'O~T~ '~' `-: o S~~L ~~ crf~r aF I~ERrDiAN PARKS & RECR,EATI4N DEPARTiirIENT DEVELOPMENT AND LICENSE AGREE],VIENT PAGE 9 OF 1Q • • .~iPFR©VED t#-S T© FORM AND CONTENT: E:1WQrt1MilvEeridianlM~idr~t 1S360M1Farks~You#h 2KP[ojecND~+v~apmcat mtd Iat AgmtMeaidian Baselmll and Soffiall 02 OS a4,doc CITY OF MERIDIAN PARKS ~t RECREATION DEPARTMENT DEVELOPMENT AND LICENSE AGREEM~TT PAGE 10 OF 10 L~ t 'sk Manager MYB/S FUTURE IN HIND DONATIONS 1. PARHING LOT LIGHTS MCALVAIN CONST. 2. WOOD MATERIALS AND LABOR FOR F'RAMIPTG OF BUII.DINGS IN THE FUTURE LEIGHTON ENTERPRISES 3. ELECTRICAL LABOR FOR WRING OF BUILDINGS CENTERS ELECTRIC & ALL AMERICAN ELECTRIC 4. POSSIBLY ROOFING LABOR FOR FUTURE BUII.DINGS LEA5HMAN ROOFING 5. POSSIBLE HEATING/HVAC SYSTEMS FOR FUTURE BUILDINGS ASHLEY HEATING 6. PAINTING OF FUTURE BUII~DINGS SIMONS PAINTING THERE ARE NUMEROUS OTHER BUSINESSES THAT WOULD LIKE TO BE CONTACTED CLOSER TO CONSTRUCTION WffiCH AT THAT TIME WOULD BETTER BE ABLE TO EVALUATE THEIR EXTENT OF AN IN-I~ND DONATION. EX: FLOORING, MASONRY, DRYWALL, PLUMBING, ETC. AT THE TIME OF CONSTRUCTION START OF PHASE #1, WE WILL BE RE-INIPLIlIZENTING OUR BRICK SALES FOR THE CENTER OF THE COURTYARD. THIS FUND-RAISER WHEN COMPLETE WILL NET US APPROX. $100,000.00, WHICH WILL BE USED ENTIRELY FOR THE CONSTRUCTION OF THE BUILDINGS. ALSO OUR LEAGUE STILL PLANS TO TRANSFER $15,000.00 +/-, FROM OUR LEAGUE FUND TO OUR COMPLEX FUND, YEARLY TO GO TOWARDS BUILDING CONSTRUCTION. PREPARED BY: TRACE LEIGHTON MYB/S VP AND EXECUTIVE BOARD MEMBER CITY OF MERIDIAN PARKS & RECREATION DEPARTMENT DEVELOPMENT AND LICENSE AGREEMENT THIS AGREEMENT made and entered into this day of , by and between the City of Meridian, an Idaho Municipal Corporation, hereinafter called "City", and the Meridian Youth Baseball/Softball, Inc., a 501(c)(3) Corporation, hereinafter called "MYB/S INC." WHEREAS, "MYB/S INC." is a service organization dedicated to public service for fund raising in support of the youth of Meridian and Western Ada County; and WHEREAS, "MYB/S INC." and the "City" desire to cooperate to improve recreation opportunities for youth and the residents of Meridian and Western Ada County; and WHEREAS, the "City" has available a 23.5 acre parcel within Meridian Settler's Park; and WHEREAS, the "City" and "MYB/S INC." agree to designate the 23.5 acre parcel site as a Special Use park to support youth. WHEREAS, the "City" is willing, upon certain terms and conditions, to provide use of the entire 23.5 acre site for a period of time defined within this AGREEMENT; and NOW, THEREFORE, the parties hereto agree as follows: 1. USE For and in consideration of promises contained herein, and other good and valuable consideration, "City" hereby gives and grants to "MYB/S INC." the right, privilege and license to use certain property (the "premises") Meridian Youth Baseball/Softball complex more particularly described in Exhibit A, attached hereto and incorporated herein by reference and attachment. 2. TERM OF AGREEMENT This AGREEMENT shall be for a term of twenty-five (25) years, with an option to renew by "MYB/S INC." for an additional ten (10) year period commencing on the day of , Notice must be given to the other party in writing to the other party at least ninety (90) days prior to the commencement of the option period if the renewal is not desired by either party. CITY OF MERIDIAN PARKS & RECREATION DEPARTMENT DEVELOPMENT AND LICENSE AGREEMENT PAGE 1 OF 10 3. DEVELOPMENT AND USE OF PREMISE "MYB/S INC." will partner with the "City" to construct the park property for the use of "MYB/S INC." youth within the above-described area, which shall be constructed and maintained in accordance with the following provisions: a. "MYB/S INC." will provide funding necessary for the construction of the buildings and a portion of the facility premises as described by the department and shown on the Park Master Plan. b. Development of the premises shall be in the following noted phases, which shall be completed within three (3) years of the date hereof provided, and that two additional years maybe granted if necessary and so long as good faith efforts to raise funds and make progress toward completion are demonstrated. c. Phase One shall include: (MYB/S INC responsibility) 1. All engineering and construction documents. 2. All baseball back stops and fencing. 3. Sprinkler irrigation installation. 4. Hire Construction Manager This Phase One is substantially complete and scheduled for final completion in September 2006. d. Phase Two shall include: 1. Construction of restroom buildings. 2. Construction of concession buildings. 3. Construction of maintenance building. e. "MYB/S INC." shall not use or permit the use of the premises for any other purpose without the express written consent of the "City". f. The portion of Meridian Settler's Park to which this agreement applies, is to remain open to public use when not scheduled for organized use by "MYB/S INC." related activities. CITY OF MERIDIAN PARKS & RECREATION DEPARTMENT DEVELOPMENT AND LICENSE AGREEMENT PAGE 2 OF 10 g. "MYB/S INC." will provide a yearly schedule of events to "City". h. Park rules and regulations and applicable city ordinances will be observed and complied with. i. "MYB/S INC." understands that the premises licensed for use is first and foremost a "City" park and must obtain permission from "City" prior to the start of any earth work, grading or construction being performed. j. "MYB/S INC." agrees to develop the park to "City" park construction specifications and all construction will require a building permit prior to the start of construction. k. "MYB/S INC." agrees to maintain records of donations and record volunteer labor hours and provide the "City" copies of such records every six (6) months during the construction period. 1. "MYB/S INC." agrees to perform the following site maintenance during their scheduled use of the site: stripe all playing fields; place a minimum of two trash receptacles at each play field, the "City" will provide the necessary trash receptacles and receptacle liners; remove the garbage from all trash receptacles and place in designated trash container at the end of each day that games are scheduled; provide a six yard trash container, and provide portable toilets as necessary. m. "MYB/S INC." shall be permitted to exclusively operate and maintain a food concession on site during their scheduled use. Maintenance and operation of concession operation shall include: maintain the interior of the concession building, obtain all appropriate permits and operate the concession to all City, County and State standards for a good operation; schedule, staff and manage concession operations; remove and properly dispose of litter generated from the concession operation. Revenue generated from the concession is to be placed towards the "MYB/S INC." program and other youth functions. n. "MYB/S INC." shall have the right to build and maintain, consistent with the terms of this agreement and the City's approved site Master Plan, maintenance/restroom with office on second story of the facility. CITY OF MERIDIAN PARKS & RECREATION DEPARTMENT DEVELOPMENT AND LICENSE AGREEMENT PAGE 3 OF 10 • • o. "MYB/S INC." shall have sole and exclusive use of the interior of the buildings, and all personal property stored in such buildings is the property of the "MYB/S INC.". The "City" maintains the right to schedule and reserve site facilities such as shelters, and restrooms during non-scheduled "MYB/S INC." youth program use times. p. "MYB/S, INC." may only charge admission to facilities in the park in the following circumstances: a regional or state tournament hosted by "MYB/S, INC." which is affiliated with a national sponsor such as Cal Ripken or Babe Ruth in which the sponsor requires the host to charge admission fees; prior advance written notice has been given to "City" at least 30 days in advance of the date of the tournament; and the proceeds from the admission fees shall be used to advance the goals and purposes of encouraging youth athletic competition and fitness. In the event that charging admission fees results in litigation or controversy involving the "City", the parties hereto agree to meet and renegotiate the circumstances in which admission fees maybe charged. Except as provided herein, no admission charges shall be permitted for regular league play or any other regular activity of "MYB/S, INC." 4. CONDITIONS OF USE a. It is understood that during construction that the facility will be secured in a manner that reduces the opportunity for injury to anyone entering the property. b. It is understood and agreed by the parties that "City" has no obligation to pay for construction of the park unless agreed to in writing and attached to this License Agreement. "City" makes no warranty or promise as to the condition, safety, usefulness or habitability of the premises and "MYB/S INC." accepts the premises "as is". 5. INDENINIFICATION AND INSURANCE "MYB/S INC." indemnifies "City" and holds "City" harmless from any loss, liability, claim or action for damages or injury to "MYB/S INC.", or personal property, or their employees, agents, guests or business invitee(s) attending or participating in any "MYB/S INC." event, game or practice and arising out of or resulting from the condition of the premises or any lack of maintenance or repair thereon. It is further understood and agreed "MYB/S INC." shall not be considered agents of "City" in any manner or CITY OF MERIDIAN PARKS & RECREATION DEPARTMENT DEVELOPMENT AND LICENSE AGREEMENT PAGE 4 OF 10 • • for any purpose whatsoever in their use and occupancy of the premises, and "MYB/S INC." hereby agrees to indemnify and hold "City" harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way arising out of or resulting from the use and occupancy of the LICENSED premises by "MYB/S INC.", their agents, employees, guests or business invitee(s) attending or participating in any organized "MYB/S INC." event, game or practice. If any claim, suit or action is filed against "City" for any loss or claim described in this paragraph, "MYB/S INC.", at "City's" option shall defend "City" and assume all costs, including attorney's fees, associated with the defense or resolution thereof, or indemnify "City" for all such costs and fees incurred by "City" in the defense or resolution thereof, however the "City" shall not be relieved hereby from liability for its own negligence or that of its employees. In addition, "MYB/S INC." shall maintain, and specifically agrees to maintain throughout the term of this AGREEMENT, liability insurance in which "City" shall be named insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless "City"; and if "City" becomes liable for an amount in excess of the insurance limits, herein provided, "MYB/S INC." covenants and agrees to indemnify and save and hold harmless "City" from and for all such losses, claims, actions, or judgments for damages or liability to persons or property occurring as a result of attending or participating in any organized "MYB/S INC." event, game or practice. "MYB/S INC." shall provide "City" with a certification of insurance or other proof of insurance evidencing "MYB/S INC." compliance with the requirements of the paragraph and file such proof of insurance with: City of Meridian 33 East Idaho Street Meridian, Idaho 83642 In the event the insurance minimums of the Idaho Tort Claims Act are changed, "MYB/S INC." shall immediately submit Proof of Compliance with the changed limits. The "MYB/S INC." will provide "City" a detailed Master Plan as approved by the Board of Parks and Recreation Commissioners for which construction will be designed and built. 6. CITY RESPONSIBILITIES CITY OF MERIDIAN PARKS & RECREATION DEPARTMENT DEVELOPMENT AND LICENSE AGREEMENT PAGE 5 OF 10 a. Phase One: 1. The construction of playing fields. 2. All underground utility construction. 3. Parking lot drainage, sub-base to grade and paving. 4. Pathway and sidewalk sub-base to grade and paving. 5. Curb, gutter, and sidewalks. 6. Fine grading for seed preparation, grass seeding. This Phase One is substantially complete and scheduled for final completion in September 2006. b. The "City" will apply for and pay associated fees for all "City" and County permits and applications for construction purposes for improvements to the site. The "City shall pay all ACHD fees associated with this development. c. The "City" will approve all detailed specifications for construction of all site improvements to the park. d. The "City" will provide project inspections during construction to assure that all improvements are constructed to the approved specifications. e. The "City" shall perform all site maintenance other than what "MYB/S INC." has agreed to maintain as noted above in item 3. L. of this AGREEMENT. The City will accept maintenance after each phase of construction is complete and acceptable to the City as outlined herein. 7. TERMINATION UPON BREACH OR DEFAULT This AGREEMENT may be terminated by either party upon a breach of this agreement and failure to cure such breach after sixty (60) days written notice. In such event, "MYB/S INC." shall be required to remove all personal property and otherwise vacate the premises on or before the expiration of the sixty (60) day period. In the event of a holdover by "MYB/S INC." beyond the sixty (60) day period, "City", in addition to and without waiver of any other rights or remedies it may have, may immediately re-enter and take possession and expel "MYB/S INC." from the premises, with or without process of law. In the event of re-entry by "City", "MYB/S INC." shall be liable for any damages suffered by "City", its agents or employees, and any costs, including legal expenses and attorneys fees, incurred by "City" in recovering the premises. CITY OF MERIDIAN PARKS & RECREATION DEPARTMENT DEVELOPMENT AND LICENSE AGREEMENT PAGE 6 OF 10 • 8. NON-WAIVER "City's" waiver on one or more occasion of any breach or default of any term, covenant or condition of this AGREEMENT shall not be construed as a waiver of any subsequent breach or default of the same or a different term, covenant or condition, nor shall such waiver operate to prejudice, waive or affect any right or remedy "City" may have under this AGREEMENT with respect to such subsequent default or breach by "MYB/S INC." shall be liable to "City" for all damages and costs, including legal expenses and attorney's fees, suffered or incurred by "City" in the enforcement of any of the terms, covenants or conditions of the AGREEMENT. 9. SURRENDER OF PREMISES Upon the expiration or earlier termination or cancellation of this AGREEMENT, "MYB/S INC." agrees to quit and surrender the premises to "City" without causing or suffering any waste thereon. "City" hereby agrees that in consideration of "MYB/S INC." performance of the terms and conditions of this AGREEMENT, "MYB/S INC." may peaceably and quietly have and enjoy the said premises for the duration of this AGREEMENT. 10. ASSIGNMENT, SUBLEASE OR TRANSFER "MYB/S INC." shall not assign, sublet or transfer the LICENSED premises, or any portion thereof, or cause or suffer any alterations thereto, other than as specified in this AGREEMENT, without the express written consent of "City". 11. NOTICES a. All notices to be given with respect to this AGREEMENT shall be in writing addressed as follows: TO "MYB/5 INC: ': President Meridian Youth BasebalUSoftball, Inc. P.O. Box 55 Meridian, Idaho 8368® TO "CITY": City of Meridian Director, Parks and Recreation Dept. CITY OF MERIDIAN PARKS & RECREATION DEPARTMENT DEVELOPMENT AND LICENSE AGREEMENT PAGE 7 OF 10 • 11 West Bower Street Meridian, Idaho 83642 With a copy to: City Clerk 33 East Idaho Street Meridian, Idaho 83642 b. Notice shall be either delivered or sent by certified mail, postage prepaid, return receipt requested to the party to be notified at the address specified above, or such other address as either party may designate in writing. Every notice shall be deemed to have been given at the time it is deposited in the United States mail, or upon delivery to the party above specified, or their agent or legal representative. 12. ALTERATIONS "MYB/S INC." shall not make, or permit to be made, alterations on or to the premises without first obtaining "City's" written consent. Additions to, or alterations of, the premises shall become at once a part of the real property and belong to "City". "MYB/S INC." shall keep the premises free from any liens arising out of any work performed for, materials furnished to, or obligations incurred by "MYB/S INC." 13. "MYB/S INC." INSPECTION OF PREMISES "MYB/S INC." acknowledges that "MYB/S INC." has inspected the premises and does hereby accept the premises as being in good and satisfactory order, condition, and repair. "MYB/S INC." agrees that upon termination of this AGREEMENT for any reason, including the expiration of its term, "MYB/S INC." shall surrender the premises to "City" in the same good condition as received, reasonable wear and tear, damage by fire, or act of God excepted. 14. INSPECTON "MYB/S INC." shall permit "City" and "City's" contractors and employees, at any time, to enter the premises for the purposes of inspection for compliance with the terms of this Use AGREEMENT and for the exercise of "City's" rights, the posting of notices, and for all other lawful purposes. 15. APPROVAL BY CITY COUNCIL CITY OF MERIDIAN PARKS & RECREATION DEPARTMENT DEVELOPMENT AND LICENSE AGREEMENT PAGE 8 OF 10 ~ ! This AGREEMENT shall not be effective for any purpose whatsoever until it is approved by the resolution of the City Council and executed by the Mayor. By the granting of this LICENSE, the City Council is not obligating itself, the City of Meridian, its officers or agents, with regard to any other discretionary action relating to development or operation of said premises. Such discretionary actions include, but are not limited to, the granting or rezoning, variances, use permits, environmental clearances, or any other governmental agency approval that is required bylaw. 16. BINDING EFFECT: This AGREEMENT and the terms and conditions hereof shall apply to and are binding upon the heirs, legal representative, successors and assigns of the parties. 17. PRIOR AGREEMENTS SUPERCEDED: This AGREEMENT contains the entire agreement between the parties as it pertains to the premises. IN WITNESS WHEREOF, the parties hereto have subscribed their names the day and year first above written. MERIDIAN CITY: MERIDIAN YOUTH BASEBALL/SOFTBALL, INC.: BY: BY: Tammy de Weerd, Mayor President Attest: BY William G. Berg, Jr., City Clerk APPROVED AS TO FORM AND CONTENT: CITY OF MERIDIAN PARKS & RECREATION DEPARTMENT DEVELOPMENT AND LICENSE AGREEMENT PAGE 9 OF 10 • Director, Parks & Recreation Department City Attorney Risk Manager Z:\Work\M\Meridian\Meridian 15360M\Parks\Youth 2KProject\Development and License Agmt Meridian Baseball and Softball 02 OS O4.doc CITY OF MERIDIAN PARKS & RECREATION DEPARTMENT DEVELOPMENT AND LICENSE AGREEMENT PAGE 10 OF 10 Settlers Park -MYB Phase 1 cost estimates January 24, 2006 Revised estimated project cost City funds $768,757 MYB funds 315,000 Total funds available DifferencelFunds needed $1,690,000 1,083.757 606 243 1tECEIVED .JAN 2~F 200b City of Meridian City Clerk ®ffie® • February 10, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING February 14, 2006 APPLICANT Parks Department -Doug Strong ITEM NO. 7-B-Z REQUEST Amendment to the Agreement with PAL for Heroes Park 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: See attached MERIDIAN SGHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: _ Staff Initials: Materials presented at public meetings shaft become properly of the Cify of Meridian. • CITY OF MERIDIAN PARKS AND RECREATION DEPARTMENT 1~~'ne~~,'r~t-~,~ ~t~ DEVELOPMENT AND LICENSE AGREEMENT THIS AGREEMENT made and entered into this ~®day of .Pi~~'''~~ ~~ by and between the City of Meridian, an Idaho Municipal Corporation, hereinafter called "City", and the Meridian Police Activities League, a 501(c) (3) Corporation, hereinafter called "MPAL." WHEREAS, "MPAL" is a service organization dedicated to public service for fund raising in support of the youth of Meridian and Western Ada County; and WHEREAS, "MPAL" and the "City" desire to cooperate to improve recreation opportunities for youth and the residents of Meridian and Western Ada County; and WHEREAS, the "City" has available a 30.1 acre parcel within Meridian Lochsa Falls Park, city site number C-2; and WHEREAS, the "City" and "MPAL" agree to designate the 30.1 acre parcel site as a Special Use Park to support youth activities. WHEREAS, the "City" is willing, upon certain terms and conditions, to provide use of the park soccer fields for a period of time defined within this AGREEMENT; and NOW, THEREFORE, the parties hereto agree as follows: 1. USE For and in consideration of promises contained herein, and other good and valuable consideration, "City" hereby gives and grants to "MPAL" the right, privilege and license to use certain property (the "premises") for Meridian Police Activities League Soccer complex more particularly described in Exhibit A, attached hereto and incorporated herein by reference and attachment. 2. TERM OF AGREEMENT This AGREEMENT shall be for a term of twenty-five (25) years, with an option to renew by "MPAL" for an additional ten (10) year period commencing on the ~ day of ~-~pfe~ ~-~~ Z ~o~ and can be renewed every ten (10) years thereafter. Notice must be given to the other party in writing to the other party at least one hundred and City of Meridian & Meridian PAL Page 1 of 10 Development and License Agreement Lochsa Falls Park • twenty (120) days prior to the commencement of the option period if the renewal is not desired by either party. 3. DEVELOPMENT AND USE OF PREMISES The park property will be constructed for the use of "MPAL" youth within the above-described area, which shall be constructed and maintained in accordance with the following provisions: A. Development of the premises shall be in the following noted phases, which shall be completed within four (4) years of the date hereof provided, and that two additional years may be granted if necessary and so long as good faith efforts to raise funds and make progress toward completion are demonstrated. B. Phase One shall include: 1. All engineering and construction documents 2. All underground utility construction. 3. Fine grading for seed preparation and field layout 4. Sprinkler irrigation installation which includes the irrigation pond, pump, and pump house 5. Seeding and establishing the grassy playing surface 6. Parking lot drainage and sub-base to grade 7. Pathway and sidewalk sub-base to grade 8. Curb, gutter, and sidewalks 9. Parking lot and pathway paving This Phase One must be completed prior to use and is scheduled for final completion in August of 2006. C. Phase Two shall include: 1. Main Restroom, access pathways 2. Landscaping This Phase Two is scheduled for final completion in August of 2007. City of Meridian & Meridian PAL Page 2 of 10 Development and License Agreement Lochsa Falls Park i ~ D. Phase Three shall include: 1. Shelters 2. Concession and Maintenance buildings This Phase Three is scheduled for final completion in August of 2008. E. "MPAL" will provide funding for the following items: 1. Engineering and construction documents. 2. Irrigation system from outside the pump building and throughout the park site installed by or under supervision of a professional contractor. 3. Fields graded and leveled for playing fields. 4. Turf, grass mixture to be determined, seeded, cultivated, and fertilized until it is ready to be used as a playing surface. 5. Landscaping of the parking lot according to city code. 6. Purchase of removable (portable) goals. 7. Painting of the field lines during the soccer seasons and tournament times. F. "MPAL" shall not use or permit the use of the premises for any other purpose without the express written consent of the "City". G. The portion of Lochsa Falls Park to which this agreement applies, is to remain open to public use when not scheduled for organized use by "MPAL" related activities. H. "MPAL" will provide a yearly schedule of events to the "City". "City" reserves the right to schedule and reserve site facilities during non- scheduled "MPAL" youth program use times. I. Park rules and regulations and applicable city ordinances will be observed and complied with. City of Meridian & Meridian PAL Page 3 of 10 Development and License Agreement Lochsa Falls Park • J. "MPAL" understands that the premises licensed for use is first and foremost a "City" park and must obtain permission from "City" prior to the start of any earth work, grading or construction being performed. K. "MPAL" agrees to develop the park to "City" park construction specifications, in conjunction with the "City", and all construction will require a building permit prior to the start of construction. L. "MPAL" agrees to maintain records of donations and record volunteer labor hours and provide the "City" copies of such records every six (6) months during the construction period. M. "MPAL" agrees to perform the following site maintenance during their scheduled use of the site: stripe all playing fields; place a minimum of two trash receptacles at each play field, the "City" will provide the necessary trash receptacles and receptacle liners; remove the garbage from all trash receptacles and place in designated trash container at the end of each day that games are scheduled; provide a six yard trash container, and provide portable toilets as necessary. N. "MPAL" shall be permitted to exclusively operate and maintain a food concession on site during their scheduled use. Maintenance and operation of concession operation shall include: maintain the interior of the concession building, obtain all appropriate permits and operate the concession to all City, County and State standards for a good operation; schedule, staff and manage concession operations; remove and properly dispose of litter generated from the concession operation. Revenue generated from the concession is to be placed towards the "MPAL" program and other youth functions. "MPAL" reserves the right to contract a vendor to provide concession services. O. "MPAL" shall have the right to build and maintain, consistent with the terms of this agreement and the City's approved site Master Plan, a maintenance/restroom facility. "MPAL" shall have the right to have temporary facilities on site to accommodate storage of maintenance equipment until permanent facilities are constructed. All structures must be built to meet city specifications. All temporary facilities will be removed by August of 2008. P. "MPAL" shall have sole and exclusive use of the interior of the buildings, with the exception of the restroom facilities, and all personal property stored in such buildings is the property of "MPAL". The "City" maintains the right to schedule and reserve site facilities such as shelters, and restrooms during non-scheduled "MPAL" youth program use times. City of Meridian & Meridian PAL Page 4 of 10 Development and License Agreement Lochsa Falls Park • Q. "MPAL" may only charge admission to facilities in the park in the following circumstances: a regional or state tournament hosted by "MPAL" which is affiliated with a national sponsor such as National Police Activities League, or a district sponsor such as Idaho Youth Soccer Association in which the sponsor requires the host to charge admission fees; prior advance written notice has been given to "City" at least 30 days in advance of the date of the tournament; and the proceeds from the admission fees shall be used to advance the goals and purposes of encouraging youth athletic competition and fitness. In the event that charging admission fees results in litigation or controversy involving the "City", the parties hereto agree to meet and renegotiate the circumstances in which admission fees my be charged. Except as provided herein, no admission charges shall be permitted for regular league play or any other regular activity of "MPAL." 4. CONDITIONS OF USE A. It is understood that during construction that the facility will be secured in a manner that reduces the opportunity for injury to anyone entering the property. B. It is understood and agreed by the parties that "City" has no obligation to pay for construction of the park unless agreed to within the body of this document or in writing and attached to this License Agreement. "City" makes no warranty or promise as to the condition, safety, usefulness or habitability of the premises and "MPAL" accepts the premises "as is". 5. INDEMNIFICATION AND INSURANCE. "MPAL" indemnifies "City" and holds "City" harmless from any loss, liability, claim or action for damages or injury to "MPAL", or personal property, or their employees, agents, guests or business invitee(s) attending or participating in any "MPAL event, game or practice and arising out of or resulting from the condition of the premises or any lack of maintenance or repair thereon. It is further understood and agreed "MPAL" shall not be considered agents of "City" in any manner or for any purpose whatsoever in their use and occupancy of the premises, and "MPAL" hereby agrees to indemnify and hold "City" harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way arising out of or resulting from the use and occupancy of the LICENSED premises by "MPAL", their agents, employees, guests or business invitee(s) attending or participating in any organized "MPAL" event, game or practice. If any claim, suit or action is filed against "City" for any loss or claim described in this paragraph, "MPAL", at "City's" option shall defend "City" and assume all costs, including attorney's fees, associated with the defense or City of Meridian & Meridian PAL Page 5 of 10 Development and License Agreement Lochsa Falls Park • resolution thereof, or indemnify "City" for all such costs and fees incurred by "City" in the defense or resolution thereof, however the "City" shall not be relieved hereby from liability for its own negligence or that of its employees. In addition, "MPAL" shall maintain, and specifically agrees to maintain throughout the term of this AGREEMENT, liability insurance in which "City" shall be named insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless "City"; and if "City" becomes liable for an amount in excess of the insurance limits, herein provided, "MPAL" covenants and aggress to indemnify and save and hold harmless "city" from and for all such losses, claims, actions, or judgments for damages or liability to persons or property occurring as a result of attending or participating in any organized "MPAL" event, game or practice. "MPAL" shall provide "City" with a certification of insurance or other proof of insurance evidencing "MPAL" compliance with the requirements of the paragraph and file such proof of insurance with: City of Meridian 33 East Idaho Street Meridian, Idaho 83642 In the event the insurance minimums of the Idaho Tort claims Act are changed, "MPAL" shall immediately submit Proof of Compliance with the changed limits. The "MPAL" will work with the "City" to provide a detailed Master Plan as approved by the Board of Parks and Recreation Commissioners for which construction will be designed and built. 6. CITY RESPONSIBILITIES A. The "City" will apply for and pay associated fees for all "City" and County permits and applications for construction purposes for improvements to the site. B. The "City" will approve all detailed construction specifications of all site improvements to the park. C. The "City" will provide project inspections during construction to assure that all improvements are constructed to the approved specifications. D. The "City" shall perform all site maintenance other than what "MPAL" has agreed to maintain as noted above in item 3 of this AGREEMENT. City of Meridian & Meridian PAL Page 6 of 10 Development and License Agreement Lochsa Falls Park The "City" will accept maintenance after each phase of constructions is complete and acceptable to the "City" as outlined herein. E. The "City" will pay for all underground utilities, irrigation pump station, and irrigation lake for the park site. F. The City will pay for excavation, drainage, lighting, grading and paving of the parking lot. G. The "City" shall pay for additional restrooms, playground, tennis courts, basketball courts, and any other amenities the parks department may have desires for. It is understood that "MPAL" and the "City" are working together to jointly develop the Lochsa Falls facility. There may be situations where the two parties agree to exchange financial responsibility for development items. 7. TERMINATION UPON BREACH OR DEFAULT This AGREEMENT may be terminated by either party upon a breach of this agreement and failure to cure such breach after one hundred and twenty (120) days written notice. In such event, "MPAL" shall be required to remove all personal property and otherwise vacate the premises on or before the expiration of the one hundred and twenty (120) day period. In the event of a holdover by "MPAL" beyond the one hundred and twenty (120) day period, "City", in addition to and without waiver of any other rights or remedies it may have, may immediately re-enter and take possession and expel "MPAL" from the premises, with or without process of law. In the event of re-entry by "City", "MPAL" shall be liable for any damages suffered by "City", its agents or employees, and any costs, including legal expenses and attorneys fees, incurred by "City" in recovering the premises. 8. NON-WAIVER "City's" waiver on one or more occasion of any breach or default of any term, covenant or condition of this AGREEMENT shall not be construed as a waiver of any subsequent breach or default of the same or a different term, covenant or condition, nor shall such waiver operate to prejudice, waive or affect any right or remedy "City" may have under this AGREEMENT with respect to such subsequent default or breach by "MPAL" shall be liable to "City" for all damages and costs, including legal expenses and attorney's fees, suffered or incurred by "City" in the enforcement of any of the terms, covenants or conditions of the AGREEMENT. City of Meridian & Meridian PAL Page 7 of 10 Development and License Agreement Lochsa Falls Park • 9. SURRENDER OF PREMISES Upon the expiration or earlier termination or cancellation of this AGREMENT, "MPAL" agrees to quit and surrender the premises to "City" without causing or suffering any waste thereon. "City" hereby agrees that in consideration of "MPAL" performance of the terms and conditions of this AGREEMENT, "MPAL" may peaceably and quietly have and enjoy the said premises for the durations of this AGREEMENT. 10. ASSIGNMENT, SUBLEASE OR TRANSFER "MPAL" shall not assign, sublet or transfer the LICENSED premises, or any portion thereof, or cause or suffer any alterations thereto, other than as specified in this AGREEMENT, without the express written consent of "City". 11. NOTICES A. All notices to be given with respect to this AGREEMENT shall be in writing addressed as follows: TO "MPAL": Commissioner Meridian Police Activities League 250 Baltic Avenue, Suite B Meridian, ID 83642 TO "CITY": City of Meridian Director, Parks and Recreation Dept. 11 West Bower Street Meridian, ID 83642 With a copy to: City Clerk City of Meridian 33 East Idaho Street Meridian, ID 83642 B. Notice shall be either delivered or sent by certified mail, postage prepaid, return receipt requested to the party to be notified at the address specified above, or such other address as either party may designate in writing. Every notice shall be deemed to have been given at the time it is deposited in the United States mail, or upon delivery to the party above specified, or their agent or legal representative. 12. ALTERATIONS City of Meridian & Meridian PAL Page 8 of 10 Development and License Agreement Lochsa Falls Park i • "MPAL" shall not make, or permit to be made, alterations on or to the premises without first obtaining "City's" written consent. Additions to, or alterations of, the premises shall become at once a part of the real property and belong to "City". "MPAL" shall keep the premises free from any liens arising out of any work pertormed for, materials furnished to, or obligations incurred by "MPAL". 13. "MPAL" INSPECTION OF PREMISES "MPAL" acknowledges that "MPAL" has inspected the premises and does hereby accept the premises as being in good and satisfactory order, condition, and repair. "MPAL" agrees that upon termination of this AGREEMENT for any reason, including the expiration of its term, "MPAL" shall surrender the premises to "City" in the same good condition as received, reasonable wear and tear, damages by fire, or act of God exempted. 14. INSPECTION "MPAL" shall permit "City" and "City's" contractors and employees, at any time, to enter the premises for the purposes of inspection for compliance with the terms of this Use AGREEMENT and for the exercise of "City's" rights, the posting of notices, and for all other lawful purposes. 15. APPROVAL BY CITY COUNCIL This AGREEMENT shall not be effective for any purpose whatsoever until it is approved by the resolution of the City Council and executed by the Mayor. By the granting of this License, the City Council is not obligating itself, the City of Meridian, its officers or agents, with regard to any other discretionary action relating to development or operation of said premises. Such discretionary actions include, but are not limited to, the granting or rezoning, variances, use permits, environmental clearances, or any other governmental agency approval that is required by law. 16. BINDING EFFECT This AGREEMENT and the terms and conditions hereof shall apply to and are binding upon the respective organizations, legal representative, successors and assigns of the parties. 17. PRIOR AGREEMENTS SUPERCEDED This AGREEMENT contains the entire agreement between the parties as it pertains to the premises. City of Meridian & Meridian PAL Page 9 of 10 Development and License Agreement Lochsa Falls Park ~ ! IN WITNESS WHEREOF, the parties hereto have subscribed their names the day and year first above written. CITY OF MERIDIAN: MERIDIAN POLICE ACTIVITIES LEAGUE: Ta de Weerd, Mayor Commissioner, Executive Board Approved by City Counr~J,~~6~- ., ~' -~6 Attest: E ~ ~ ~ ~, ~d~ ~' .r , r` ~ ,$y_ William G=. Be g, Jr~; ~~i~" ler = ~~ G~~, ,~ Pr dent, Soccer Board B ~. Y Secretary, Executive Board APPROVED AS TO FORM AND CONTENT: r°f Direct ,Parks & Recr tion By: ~.~/ City A orney esident, Parks & Recreation Commission B e,~----, dv"'~t City Risk Manag City of Meridian & Meridian PAL Page 10 of 10 Development and License Agreement Lochsa Falls Park • CITY ~F MERt®IAN PARKS AND REGREATIt?N DEPARTMENT DEVELOPMENT AND LICENSE AGREEMENT THIS AGREEMENT made and entered into this ~~ ~~ay of c~'~~s~.~-~. , _~O~'~'- by and between the City of Meridian, an Idaho Municipal Corporation, hereinafter called "City", and the Meridian Police Activities League, a 501(c) (3) Corporation, hereinafter called "MPAL." WHEREAS, "MPAL" is a service organization dedicated to public service #or fund raising in support of the youth of Meridian and Western Ada County; and WHEREAS, °MPAL" and the "City" desire to cooperate to improve recreation opportunities for youth and the residents of Meddian and Western Ada County; and WHEREAS, the "City" has available a 30.1 acre parcel within Meridian Lochsa Falls Park, city site number C-2; and WHEREAS, the "City" and "MPAL" agree to designate the 30.1 acre parcel site as a Specia{ Use Park to support youth activities. WHEREAS, the "City" is willing, upon certain terms and conditions, to provide use of the park soccer fietds for a period of time defined within this AGREEMENT; and NOW, THEREFORE, the parties h®reto agre® as follows:. U3E For and in consideration of promises contained herein, and other good and valuable consideration, "City" hereby gives and grants to °MPAL" the right, privilege and license to use certain property (the "premises") for Meridian Police Activities League Soccer complex more particularly described in Exhibit A, attached hereto and incorporated herein by reference and attachment. 2. TERM OF AGREEMENT This AGREEMENT shall be for a term of twenty-five (2S) years, writh an option to renew by "MPAL" for an additional ten (10) year period commencing on the ~~~day of ~' ~~~.. ,2vo ¢- and can be renewed every ten (10) years t ereafter_ Notice must be given to the other party in writing to the other party at least one hundred and City of Meridian 8~ Meridian PAL Page 1 of 10 Development and License Agreement Lochsa Falls Park • twenty (120) days prior to the commencement of the option period if the renewal is not desired by either party. 3. DEVELOPMENT AND USE OF PREMISES The park property will be constructed for the use of ~idIIPAL" youth within the above-described area, which shall be constructed and maintained in accordance with the following provisions: A. Development of the premises shall be in the following noted phases, which shall be completed within four (4} years of the date hereof provided, and that two additional years maybe granted if necessary and so long as good faith efforts to raise funds and make progress toward completion are demonstrated. ~. Phase One shall include: All engineering and construction documents 2. All underground utility construction, 3. Fine grading for seed preparation and field layout 4. Spr7nkter irrigation installation which includes the irrigation pond, pump, and pump house 5. Seeding and establishing fihe grassy playing surface 6. Parking lot drainage and sub-base to grade 7. Pathway and sidewalk sub-base to grade g. Curb, gutter, and sidewalks 9. Parking lot and temporary parking surtace installation (gravel, recycled asphalt, or ether suitable material) This Phase ©ne must be completed prior fie use and is scheduled for final completion in August of 2005. C. Phase Two shall include: 1. Main Restrvom, access pathways 2. Landscaping City of Meridian & Meridian PAL ~ Page 2 of 14 Devefopm®nt and License ,4greement Lflchsa Falls Park This Phase Two is scheduled for final completion in August of 20(17. D. Phase Three shall include: 1. Shelters 2. Paved Parking 3. Concession and Maintenance buildings This Phase Three 1s scheduled for final completion in August of 2008. . E. "MPAL" will provide funding for the following items: 1. Engineering and construction documents. 2. Irrigation system from outside the pump building and throughout the park site installed by or under supervision of a professional contractor. 3. Fields graded and leveled for playing fields. 4. Turf, grass mixture to be determined, seeded, cultivated, and fertilized until tk is ready to be used as a playing surface. 5. Excavation, drainage, lighting and grading of the parking loft. 6. Paving the parking lot and pathways, having cut-outs and other landscaped features put into place. 7. Landscaping of the parking tot according to city code. 8. Purchase of removable (portable) goals. 9. Painting of the field lines during the soccer seasons and toumamerrt times. F. "MPAL" shall not use or permit the use of the premises for any other purpose without the express written consent of the "City". G. The portion of Lochsa Falls Park to which this agreement applies, is to remain open to public use when not scheduled for organized use by "MPAL" related activities. City of Meridian & Meridian PAL Page 3 of 10 Development and License Agreement Lochsa Falls Park • H. "MP,4L" will provide a yearly schedule of events to the "City". "City" reserves the right to schedule and reserve site facilities during non- scheduled "MPAL" youth program use times. i. Park rules and regulations and applicable city ordinances will be observed and complied with. 3. "MPAL" understands that the premises licensed for use is first and foremost a °City" park and must obtain permission from °City" prior to the start of any earth work, grading or consfiruction being performed. K. "MPAL" agrees to develop the park to °City" park construction spec cations, in conjunction with the "Gity", and all construction uvill require a building permit prior to the start of construction. L. "MPAL" agrees to maintain records of donations and record volunteer labor hours and provide the "City" copies of such records every six (6) months during the construction period. M. "MPAL" agrees to perform the following site main#enance during their scheduled use of the site: stripe all playing fields; place a minimum of two trash receptacles at each play field, the °City" will provide the necessary trash receptacles and receptacle liners; remove the garbage from all trash receptacles and place in designated trash container at the end of each day that games are scheduled; provide a six yard trash container, and provide portable toilets as necessary. 1V. "MPAL" shall be permitted to exclusively operate and maintain a Toad concession on site during their scheduled use. Maintenance and operation of aancession operation shall include: maintain the interior of the concession building, obtain all appropriate permits and operate the concession to all City, County and State standards for a good operation; scheduie, staff and manage concession operations; remove and properly dispose of litter generated from the concession operation. Revenue generated from the concession is to be placed towards the °MPAL" program and other youth functions. "MPAL" reserves the right to contract a vendor to provide concession services. O. "MPAL" shall have the right to build and maintain, consistent with the terms of this agreement and the City's approved site Master Plan, a maintenance/restroom facility. "MPAL" shall have the right to have temporary facilities on site to accommodate storage of maintenance equipment until permanent facilities are constructed. All structures must be built to meet city specifications. All temporary facilities will be removed by August of 2Q08. City of Meridian & Meridian PAL Page 4 of 10 Dev®Iopment and License Agreement Lochsa Falls Park • P. "MPAL" shall have sole and exclusive use of the interior of the buildings, with the exception of the restroom facilities, and all personal properly stored in such buildings is the property of~"MPAL". The "City" maintains the right to schedule and reserve site facilities such as shelters, and restrooms during non-scheduled pMPAL" youth program use times. Q. "MPAL" may only charge admission to facilities in the parkin the following circumstances: a regional or state toumament hosted by °MPAL° which is affiliated with a national sponsor such as National Police Activities League, yr a district sponsor such as Idaho Youth Soccer Association in which the sponsor requires the host to charge admission fees; prior advance written notice has been given to "City„ at least 30 days in advance of the date of the toumament; and the proceeds from the admission fees shall be used. to' advance the goals and purposes of encouraging youth athletic competition and fitness. In the event that charging admission fees results in litigation or controversy involving the "City", the parties hereto agree to meet and renegotiate the circumstances in which admission fees my be charged. Except as provided herein, no admission charges shall be permitted for regular league play or any other regular activity of °MPAL." 4. CONDITIONS OF USE A. it is understood that during construction that the facility will be secured in a manner that reduces the opportunity for injury to anyone entering the property. B. It is understood and agreed by the parties that "City" has no obligation to pay for construction of the park unless agreed to within the body of this document or in writing and attached to this License Agreement. °City" makes no warranty or promise as to the condition, safety, usefulness or habitability of the premises and "MPAL" accepts the premises "as is°. 5. INDEMNIFICATIONRND INSURANCE. "MPAL° indemnities "City" and holds "City" harmless from any loss, liability, claim or action for damages or injury to "MPAL", or personal property, or their employees, agents, guests or~business invitee(s) attending or participating in any °MPAL" event, game or practice and arising out of or resulting from the condition of the premises or any lack of maintenance or repair thereon. It is further understood and agreed "MPAL" shall not be considered agents of "City" in any manner or for any purpose whatsoever in their use and occupancy of the premises, and "MPAL" hereby agrees to indemnify and hold "City" harmless from any loss, liability, claim or action City of Meridian & Meridian PAL Page 5 of 10 pevelopmsnt and License Agreement Lochsa Falls Park • • from damages or injuries to persons or property in anyway arising out of or resulting from the use and occupancy of the LICENSED premises by "MPAL", their agents, employees, guests or business invitee(s) attending or participating in any organized "MPAL" event, game or practice. If any claim, suit or action is filed against °Cityr'' fvr any Ivss or claim described in this paragraph, "MPAL", at "City's" option shall defend "City° and assume all costs, including attorney's fees, associated with the defense or resolution thereof, or indemnify "City" for all such costs and fees incurred by "City" in the defense or resolution thereof, however the "City" shall not be relieved hereby from liability for its own negligence or that of its employees. fn addition, "MPAL" shall maintain, and specifically agrees to maintain throughout the fierm of this AGREEMENT, liability insurance in which "City" shall be named insured in the minimum amount as specified in the Idaho Tart Claims Act set forth in Title fi, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless "City"; and if "City" becomes liable for an amount in excess of the insurance limits, herein provided, "MPAL° covenants and aggress to indemnify and save and hold harmless "city" from and far all such losses, claims, actions, or judgments for damages or liability to persons or property occurring as a result of attending or participating in any organized "MPAL" event, game or practice. "MPAL" shall provide "City" with a certificafron of insurance or other proof of insurance evidencing "MPAL" compliance with the requirements of the paragraph and file such proof of insurance with: City of Meridian 33 East Idaho Street Meridian, Idaho 83642 In the event fihe insurance minimums of the Idaho Tort claims Act are changed, "MPAL" shall immediately submit Proof of Compliance with the changed limits. ' The "MPAL" will work with the "City" to provide a detailed Master Plan as approved by the Board of Parks and Recreation Commissioners for which construction will be designed and built. 6. CITY RESPONSIBILITIES A. The "City" will apply for and pay associated fees for all "City" and County permifis and applications for construction purposes for improvements to the site. City of Meridian 8~ Meridian PAL ~ Page 6 of 10 Development and License Agreement Lochsa Falls Park • U B. The "City" will approve all detailed construction specifications of all site improvements to the park. C. The "City" will provide project inspections during construction to assure that all improvements are constructed to the approved specifications. D. The "City" shall perform all site main#enance other than what "MPAL" has agreed to maintain as Hated above in item 3 of this AGREEMENT. The "City" will accept mainfienance after each phase of constructions is complete and acceptable to the "City" as outlined herein. E. The "City" will pay for all underground utilities, irrigation pump station, and irrigation lake for the park site. F. The "City" shall pay for additional restrooms, playground, tennis courts, basketball courts, and any other amenities the parks department may have desires for. It is understood that "MPAL" and the "City" are working together to jointly develop the Lochsa Falls facility. There may be situations where the two parties agree to exchange financial responsibility for development items. 7. TERMINATION UPON EREACH OR DEFAULT This AGREEMENT may be terminated by either party upon a breach of this agreement and failure to cure such breach after one hundred and twenty (120) days written notice. In such event, "MPAL" shall be required to remove all personal property and otherwise vacate the premises on or before the expiration of the one hundred and finrenty (120) day period. In the event of a holdover by ~MPAL" beyond the one hundred and twenty (120} day period, "City", in addition to and without waiver of any other rights or remedies it may have, may immediately re-enter and take possession and expel "MPAL"from the premises, with or without process of law. In the event of re-entry by "City", "fUIPAL° shall be liable for any damages suffered by "City", its agents or employees, and any costs, including legal expenses and attorneys fees, incurred by "City" in recovering the premises. 8. NUN-VIIAIYER "City's" waiver on one or more occasion of any breach or default of any term, covenant or condition of this AGREEMENT shall not be construed as a waiver of any subsequent breach or default of the same or a different term, covenant or condition, nor shall such waiver operate to prejudice, waive or affect any right or remedy "City" may have under this City of Meridian & Meridian PAL Page 7 of 10 Development and License Agreement Lochsa Falls Park • • AGREEMENT with respect to such subsequent default or breach by "MPAL" shall be liable to "City" for all damages and costs, including legal expenses and attorney's fees, suffered or incurred by "City" in the enforcement of any of the terms, covenants or conditions of the AGREEMENT. 9. SURRENDER OF PREMISES Upon the expiration or earlier terrninatlon or cancellation of this AGREMENT, °MPAL° agrees to quit and surrender the premises to "City" without causing or suffering any waste thereon. "City" hereby agrees that in consideration of "MPAL" performance of the terms and conditions of this AGREEMENT, NMPAL" may peaceably and quietly have and enjoy the said premises for the durations of this AGREEMENT. 10. ASSIGNMENT, SUBLEASE OR TRANSFER "MPAL" shall not assign, sublet or transfer the LICENSED premises, or any porkion thereof, or cause or suffer any alterations thereto, other than as specified in this AGREEMENT, without the express written consent of "City". 11. NOTICES A. All notices to be given with respect to this AGREEMENT shall be in writing addressed as follows: TO "MPAL": Commissioner M®ridian Police ActiVitias League 250 Baltic Avenue, Suite B Meridian, ID 83642 TO "CITY": Clty of Meridian Director, Parks and Recreation Dept. 11 West Bow®r Street Meridian, ID 83642 With a copy to: City Clerk City of Meridian 33 East Idaho Street Meridian, ID 83842 B. Notice shall be either delivered or sent by certified mail, postage prepaid, return receipt requested to the party to be~nofiified at the address specified above, or such other address as either party may designate in writing. Every notice shalt be deemed to have been given City of Meridian ~ Meridian PAL Page 8 of 10 Development and License Agreement Lochsa Falls Park • C_~ at the time it is deposited in the United States mail, or upon delivery to the party above specified, or their agent ar legal representative. 1~. ALTERATIONS "MPAL" shall not make, or permit to be made, alterations on or to the premises without first obtaining "City's" written consent. Additions to, or alterations of, the premises shall become at once a part of the real property and belong to "City". "MPAL" shall keep the premises free from any liens adsing out of any work pertormed for, materials furnished to, or obligations incurred by "MPAL". 13 "MPAL" INSPECTION OF PREMISES "MPAL" acknowledges that "MPAL" has inspected the premises and does hereby accept the premises as being in good and satisfactory order, condition, and repair. "MPAL" agrees that upon termination of this AGREEMENT for any reason, including the expiration of its term, "MPAL" shall surrender the premises to "City" in the same good condition as received, reasonable wear and tear, damages by fire, or act of God exempted. 14. INSPECTION "MPAL" shall permit "City" and "City's" contractors and employees, at any time, to enter the premises for the purposes of inspection for compliance with the terms of this Use AGREEMENT and for the exercise of "City's" rights, the posting of notices, and for all other lawful purposes. 15. APPROVAL BY CITY COUNCIL This AGREEMENT shall not be effective for any purpose whatsoever until it is approved by the resolution of the City Council and executed by the Mayor. By the granting of this License, the City Council is not obligating itself, the City of Meridian, its officers or agents, with regard to any other discretionary action relating to development or operation of said premises. Such discretionary actions include, but are not limited to, the granting or rezoning, variances, use permits, environmental clearances, or any other govemmentat ag®ncy approval that is required bylaw. 16. BINDING EFFEGT This AGREEMENT and the terms and condl#ions hereof shall apply to and are binding upon the respective organizations, legal representative, successors and assigns of the parties. City of Meridian & Meridian PAL !'age 9 of 10 Development and License Agreement Lochsa Falls Park ~ 7- PRIOR AGREEMENTS SIJPERCEDED This AGREEMENT contains fihe entire agreement between the parties as it pertains to the premises. • IN iNITNESS WHEREQF, the parties hereto have subscribed their names the day and year frst above written. CITY' OF MERIDIAN: By: /~ mmy ee Approved by City Cour Attest: B• William G. Berg, MERIDIAN P©LICE ACTIVITIES LEAGUE: ._. _ ~y,,,r.~ ~~~,,,,~;~y:~~u~ °'4,~,,~, Commissioner Executive Board _ 8~~ 7 _ rfs~t. •4. ~~ ~~r~ ~ . Presidenrt, Soccer Board t~~:•I. i?:111 By. Secretary, Executive Board APPROVED AS TD FARM AND CONTENT: By: Dire ,Parks & Re ation B. city ttomey By: b President, Parks ~ Recreation Commission ey: - City Risk Manager Gity of Meridian & Meridian Pf~L Development and License Agreement Page 10 of 10 Lochsa Falls Park • . February 10, 2~6 Department Reports MERIDIAN CITY COUNCIL MEETING February 14, 2~6 APPLICANT Parks Department -Doug Strong ITEM NO. 7-B-3 REQUEST Budget Amendment for Heroes Park Construction 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: See attached MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: „1c/ SANITARY SERV{CE COMPANY V 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 pubac meetings sha0 become properly of the City of Meridian. • ~~~ .~~ ~ ~ ~ ' I ~ ; ~ r • • ~ ~ . p ti' r k Y~: ~ w; :i1h` Memo RECEIVED FED _ ~ 2006 City ®f Ii1 eridiaxa City Clerk ®i1'ice To: Cc: From: Date: Re: Mayor /City Council Will Berg ~~ ~ Doug Strong ~~ February 9, 2006 Heroes Park Construction The Parks Staff is requesting approval of a budget amendment for Heroes Park Construction in the amount of $31,585.00 due to the following circumstances. - ACHD Requirement to sleeve the existing culvert on Ten Mile Road per an on-site meeting with ACHD. The total cost of $6,425.00 will be for a new manhole for pond overflow $3,372.50, 12" PVC sleeve thru existing 100' LF $2,640.00, and cleaning of existing culvert of $412.50. - ACHD Requirement if the sleeving procedure originally proposed above is not feasible and cannot be contracted the the excavating of roadway and existing culvert will need to be removed and replaced. The total cost of $20,000.00 will be on a contingency for the sawcutt and excavate roadway and existing culvert pipe, install 12" PVC SDR-35 culvert pipe, install manhole, and repair roadway and paving. - The removal of excess spoil piles which were dumped on the site from a unknown source at a total cost of $5,160.00. Police Activities League (PAL) has agreed to pay for any additional costs if more than one day is needed to remove spoil piles. Staff is requesting that this item go before the City Council under the consent agenda or as a department report for discussion at your February 14, 2006 meeting. Attached are the proposals from C & A Paving Company for Heroes Park Construction. Fab 06 2006 5:09PM ~P Paving Company 2~ 962-4190 ~ *~ i rr ^ r -- ao~s s. sar,~er st~t~• eolse. a~-s~~i tom) s~-4za4 Fax (~ 3~a-a~~o February 6, 2006 City of Meridian- Parks & Recreation Department ATTN: Elroy Huff 11 West Bower Street Meridian, ID 83642 PHONE: 208 888-3574 FAX: 208 898-5501 RE: Hems Park Project Dear Mr. Huff, The following pricing is provided to sleeve the existing culvert on Ten 1Vfile Road per the above referenced project, as discussed in the on-site meeting with ACHD. 1) New Manhole for Pond Overflow 1 ea. $3,372.50 2) 12" PVC Sleeve thru Existing 100' LF $2,640.00 3) Clean Culvert $412.50 TOTAL: $6,425.00 NOTE: P',xisting 18"pipe must not be damaged or collapsed. We will need a minimum of lb" to feed the 12" PVG SDR 35 pipe. Excavation and roadway paving will then be necessary, Please contact me with any questions or comments ragardmg this matter. I can be reached directly at 573-6891. Sincerely, GG~~ Christop r Sheppard. C&A Paving Company, Inc. p,2 Feb 06 2006 5:09PM January 11, 2006 ~fl Paving Company 2362-4190 p• 3 City, of Meridian- Parks & Recreation Department ATTM: Elroy Huff I 1 West Bower Staeet Meridian, ID 83642 PHONE: 208 888-3579 FAX: 208 89&5501 Rfi: Hems Park Project Dear Mr. Hui The following time & material priding is provided to remove the excess spoil piles per the above referenced project, as discussed in the 1110 meetiag. 1) Caterpillar 950G Loader $110.00 per hour wloperator-$880.00 per day 2) Caterpillar D6 Dozier $135.00 per hflur with operator-$1,080.00 per day 3) 3 Axel Dump Truck w/Trailer $80.U0 per hour x Sea. $400.00 per hour-$3,200.00 per day 4) Dump Fees $1.00 per yard at pre approved site A Dailey total based on am 8 hour day is $5,160.00 per day not including dump fees. Times will vary pendiwg spoil pile quantities area to prep. for excavated material, actual equipmeutltrucks required and duu~p site negotiated. Our tentative start date is the week of January 16a' weather permitting. Please contact me with any questions or comments regarding this matter. I can be reached directly at 573-6891. Sincerely, Christopher Sheppard C&A Paving Company, Inc_ Feb 0® 2006 6:42PM ~ Paving Company 2362-4190 p.l ~ # ®~ • ;~ 4015 S. Banner Btrset • Boise, ldaha 83709-5511 (208) 362-4244 Fax (208}~~2~190 ~ i~; a0o5 city of 1Y.{eridia~ Fad 8t Recreation Department ATTl*i: Ehoy Huff i 1 ~~~ Street lldian, ID 83542 PI~01~1E: ?A$ 888-3579 k~AX: 208 898-5541 RE: Hems Park Project Decor 1Vk. I~ The following pricing is provided if the sleeving procedure originally, proposed is not feasible and can not be constrncbed. This is a request for change to the original contract. l j Sawcutt and e~.cavate roadway tai existing culvert pipe 2j ]as~ll 12" PVC SDR 35.culvert pipe 3) Install manhole ~ . 4) Roadway repair & paving ~ ~ . TOTAL: $20,000,0© 1'fi: This is preliminary budget price. Actual 1 ~Y ~. . Sincerely, C&A Paving Company, Inc. February 10, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING February 14, 2006 APPLICANT Fire Department ITEM NO. 7-C-~ REQUEST Agreement for Emergency Equipment Rental Agreement AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: See attached 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. i i Fire Service Organization Emergency Equipment Rental Agreements Discussion: Sign-up process: Time of year / E-mail /Equipment changes / IDL- FSO Pink Book /rate changes /Fully vs Un-Operated rates /Special Provisions /General Clauses Readiness -Dispatch: Pager /single point of contact /Minimum personnel and equipment Requirement's /Signed Agreement /Single hiring point /Response time /Resource Order FSO @ Incident: Check-in /Inventory List /Inspection /Equipment and personnel time keeping /Daily Shift Tickets /Claims FSO Demob: Emergency Equipment Use Invoice, OF 286 / Inspection /Review Original Payment Document Package /Travel / Re-imbursement The following clauses shall be applied to the administration and enforcement of EEIZA's GENERAL CLAUSES TO EMERGENCY EQUIPMENT RENTAL AGREEMENT FORM OF 294 (11-30-2004) Since the equipment needs of the Government and availability of Contractor's equipment during an emergency cannot be determined in advance, it is mutually agreed that, upon request of the Government, the Contractor shall furnish the equipment listed herein to the extent the Contractor is willing and able at the time of order. The following personnel are authorized to place orders against this agreement, Dispatchers, Buying Team Members, Finance Section Chiefs, Procurement Unit Leaders, Contracting Officers and Purchasing Agents. At time of dispatch, a resource order number will be assigned. The Contractor shall furnish the assigned resource order number upon arrival and checkin at the incident. The Incident Commander or responsible Government Representative is authorized to administer the technical aspects of this agreement. Equipment furnished under this agreement may be operated and subjected to extreme environmental and/or strenuous operating conditions which could include but are not limited to unimproved roads, steep, rocky, hilly terrain, dust, heat, and smoky conditions. As a result, by entering into this agreement, tl~e Contractor agrees that what is considered wear and tear under this agreement is in excess of what the equipment is subjected to under normal operations and is reflected in the rates paid for the equipment. When such equipment is furnished to the Government, the following clauses shall apply: CLAUSE 1. Condition of Equipment -All equipment furnished under this agreement shall be in acceptable condition. The Government reserves the right to reject equipment that is not in safe and operable condition. The Government may allow the Contractor to correct deficiencies within 24 hours. No payment for travel to an Incident or point of inspection, or return to the point of hire, will be made for equipment that does not pass inspection. No payment will be made for tune that the equipment was not available. CLAUSE 2. The tip under hire shall start at the time the equipment begins traveling to the incident after being ordered by the Government and end at the estimated time of arrival back to the point of hire after being released, except as provided in Clause 7 of these General Clauses. CLAUSE 3.Operating Supplies - As identified in Block 7, operating supplies include fuel, oil, filters, Tube/oil changes. Even though Block 7 may specify that all operating supplies are to be furnished by the Contractor (wet), the Government may, at its option, elect to furnish such supplies when necessary to keep the equipment operating. The cost of such supplies will be determined by the Government and deducted from payment to the Contractor. CLAUSE 4. Repairs -Repairs to equipment shall be made and paid for by the Contractor. The Government may, at its option, elect to make such repairs when necessary to keep the equipment operating. 'The cost of such repairs will be determined by the Government and deducted from payment to the Contractor. CLAUSE 5. Timekeeping -Time will be verified and approved by the Government Agent responsible for ordering and/or directing use of each piece of equipment. Time will be recorded to the nearest quarter hour worked for daily/hourly rate, or whole mile for mileage. CLAUSE 6. Payments. a. Rates of Payments. Rates for equipment hired with Contractor Furnished operator(s) shall include all operator(s) expenses. Payment will be at rates specified and, except as provided in Clause 7, shall be in accordance with the following: 1. Work Rates (column I1) (hourly or mileage) shall apply when equipment is under hire as ordered by the Governmrent and on shift, including relocation of equipment under its own power. ON-SIiIFT: Includes time worked, time that equipment is held or directed. to be in a state of readiness, and compassable travel (equipment traveling under its own power) that has a specific start and ending tune. 2. Special Rates (column 12) shall apply when specified. 3. Guarantee. For each calendar day that equipment is under hire for at least 8 hours, the Government will pay not less than the amount shown in column 13. If equipment is under hire for less than 8 hours during a calendar day, the amount earned for that day will be not less than one-half the amount specified in column 13. The guarantee is not applicable to equipment hired under the Daily Rate. Equipment under transport is time under hire and compensated through the Guarantee. If equipment is transported under its own power, it is compensated under the Work Rate. 4. Daily Rate (column 11) -Payment will be made on basis of calendar days (0001- 2400). For fractional days at the beginning and ending of time under hire, payment will be based on 50 percent of the Daily Rate for periods less than 8 hours. Under the daily rate equipment may be staffed with or without operator. (a) Shift Basis (Portion of calendar day) 1) Single Shift - (SS) is staffed with one operator or one crew. 2) Double Shift - (DS) is staffed with two operators or two crews (one per shift). The DS rate will apply any calendar day the DS was under hire, including travel There will be no compensation for a double shift unless a separate operator(s) and or crew(s) is/are ordered in writing for the second shift. 3) Agency personnel at the Section Chief Level may, by resource order, authorize a second operator or crew (Double Shift), if needed during the assignment. b. Method of Payment. Lump-sum payment will normally be processed at the end of the emergency assignment. However, partial payment may be authorized as approved by the incident agency. Payment for each calendar day will be made for (1) actual units ordered and performed under Work or Daily, shift basis and/or Special rates or (2) the guarantee earned, whichever is the greater amount. CLAUSE 7. Exceptions. a. Daily Rate or Guarantee - No firrtlier payment under Clause 6 will accrue during any period that equipment under hire is not in a safe or operable condition or when Contractor furnished operator(s) is not available for the assigned shift or portions of the assigned shift. Payment will be based on the hours the equipment was operational during the assigned shift, as documented on the shift ticket versus the designated shift, as shown on the Incident Action Plan. b. If the Contractor withdraws equipment and/or operator(s) prior to being released by the Governn~nt, no further payment under Clause 6 shall accrue and the Contractor shall bear all costs of returning equipment and/or operator(s) to the point of hire. c. After inspection and acceptance for use, equipment and/or fiunished operator(s) that cannot be replaced or equipment that cannot be repaired at the site of work by the Contractor or by the Government in accordance with Clause 4, within 24 hours, may be considered as being withdrawn by the Contractor in accordance with Paragraph B above, except that the Government will bear all costs of returning equipment and/or operator(s) to the point of hire as promptly as emergency conditions will allow. d. No payment will accrue under Clause 6 when the contractor is off shift in compliance with the mandatory "Work/Rest" and `2.ength of Commitment" provisions. As an option to rotating personnel, or taking a mandatory day off without pay, the Contractor may be released from the incident. CLAUSE 8. When Government subsistence incident camps are available, meals and bedding for Contractor's operator(s) will be furnished without charge. Government will fiunish meals and lodging without cost if hoteUrestaurant subsistence is the approved camp for incident personnel Double occupancy of hotel rooms may be required. Contractors are not paid per diem or lodging expenses to and from incidents. CLAUSE 9. Loss, Damage, or Destruction. a. For equipment furnished under this SERA without operator, the Government will assume liability for any loss, damage or destruction of such equipment, except that no reimbursement will be made for loss, damage or destruction due to: (1) ordinary wear or • ! teat, (2) mechanical failure, or (3) the fault or negligence of the Contractor or the Contractor's agents or employees, or Government employee-owned and operated equipment. b. For equipment furnished under this SERA with operator, the Government shall not be liable for any loss, damage or destruction of such equipment, except for loss, damage or destruction resulting from the negligence, or wrongful act(s) of Government employee(s) while acting within the scope of their employment. The operator is responsible for operating the equipment within its operating limits aad responsible for safety of the equipment. CLAUSE 10. Contractor's Responsibility for Property and Personal Damages -Except as provided in Clause 9, the Contractor will be responsible for all damages to property and to persons, including third parties, that occur as a result of Contractor or Contractor's agents or employee fault or negligence. Tine term "third parties" is construed to include employees of the Government. CLAUSE 11. Deductions -Unless specifically stated elsewhere in this agreement the cost of any supplies, materials, or services, including commissary, provided for the Contractor by the Government will be deducted from the payment to the Contractor. CLAUSE 12. Personal Protective Clothing and Equipment -The Government considers operators as fireline personnel who will use and wear specified articles of personal protective equipment. a. The following mandatory items will be issued by the Government, when not required to be fiunished by the Contractor, to operators performing within the scope of this agreement: 1. Clothing: (a) Flame resistant pants and shirts; (b) Gloves (Either Nomex or chrome tanned leather; (c) Hardhat; (d) Goggles or safety glasses. 2. Equipment: (a) Fire shelter; (b) Headlamp; (c) Individual First-Aid Kit; 3. Other items may be issued by the Government. b. Operators shall wear the items of clothing issued and maintain the issued equipment in a usable and readily available condition. Upon completion of the contract assignment, all issued items of clothing or equipment shall be returned to the Government. Deductions will be made for all Government furnished protective clothing and equipment not returned by the Contractor. CLAUSE 13. COMMERCIAL MOTOR VEHICLES: All commercial motor vehicles must meet all DOT requirements. The regulations can be found at the following website: www.hncsa.dot.gov CLAUSE 14. CLAIM SETTLEMENT AUTHORITY. For the purpose of settling claims, the successor Contracting Officer is any Contracting Officer acting within their delegated warrant authority, under the clauses of this agreement, and limits set by the incident agency. CLAUSE 15. CHANGES TO EMERGENCY EQUIPMENT RENTAL AGREEMENTS. Changes to Emergency Equipment Rental Agreements (EERA's), OF 294 may only be made by the original signing procurement official If the original signing procurement official is not available and adjustments are deemed appropriate, a new SERA shall be executed at the incident and shall be applicable. only for the duration of that incident. The agreement will include name and location of the incident. CLAUSE 16. FIREARM -WEAPON PROHIBITION. The possession of firearms or other dangerous weapon (18 USC 930 (f)(2) are prohibited at all times while on Government property and during performance of services, under this agreement. The term dangerous weapon does not include a pocket knife with a blade less than 2'/z inches in length or a multipurpose tool such as a leatherman. CLAUSE 17. WORK REST and LENGTH OF ASSIGNMENT: The Contractor is required to follow the work rest guidelines as established by the NWCG. Refer to website for the guidelines: www.nwcg.gov CLAUSE 18. HARRASSMENT FREE WORKPLACE. Contractors shall abide by "U.S. Code, Title VII, Civil Rights Act of 1964, Executive Order EO-93-OS, Secretary's Memorandum 4430-2 Workplace Violence Policy, and Harassment Free Workplace (29 CFR Part 1614)". Regulations can be found at www.gpoaccess.gov/ CLAUSE 19. Definitions. The following definitions for Block 8 of the SERA are added: Information about business size is collected for tracking purposes only. a SMALL BUSINESS is one that is independently owned and operated and is not dominate in the field for which it is being signed up, subject to the following size standards: (1) Motorcar and Truck Rental Without Operator -average annual receipts for its preceding 3 fiscal years do not exceed 12.5 million, (2) Equipment Rental With Operator -average annual receipts for its preceding 3 fiscal years do not exceed 3.5 million. b. SMALL DISADVANTAGED-OWNED BUSINESS is a small business concern that is at least 51 percent unconditionally owned by one or more individuals who are both socially and economically disadvantaged, or a publicly owned business that has at least 51 percent of its stock unconditionally owned by one or more socially and economically disadvantaged individuals and that has its management and daily business controlled by one or more such individuals. c. WOMEN-OWNED SMALL BUSINESS is one that is at least 51 percent owned, controlled, and operated by a woman or women. d. HUBZone Small Business concern means a small business concern that appears on the List of Qualified HtJBZone Small Business Concerns maintained by the Small Business Administration. e. SERVICE DISABLED VETERAN-OWNED SMALL BUSINESS ENTERPRISE is a small business concern (i) Not less than 51 percent of which is owned by one or more Servicedisabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more Service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more Service-disabled veterans or, in the case of a veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is Service connected, as defined in 38 U.S.C. 101(16). NOTE: THE APPLICABLE FEDERAL ACQULSITION REGULATION CLAUSES AND TERMS AND CONDITIONS WILL BE INCORPORTATED AS AN ATTACHMENT AND WII.L BE A PART OF THIS AGREEMENT. Clauses incorporated by reference in the General Clauses to Emergency Equipment Rental Agreement Form OF-294, are deleted and replaced with the Update for Emergency Equipment Rental Agreement (SERA) Form OF-294. This update includes clause 52-213-4 Terms and Conditions -Simplified Acquisition (Other Than Commercial Items) (Dec 2002). The clauses that are referenced in the "ADDTfIONAL TERMS AND CONDITIONS APPLICABLE IF EQUIPMENT UNDER AGREEMENT CONFORMS WITH DEFINITIONS PROVIDED BELOW 'remain in full force and effect. They include: (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference: 1) The clauses listed below implement provisions of law or Executive order: (i) 52.222-3, Convict Labor (June 2003) (E.O. 11755). (ii) 52.222-21, Prohibition of Segregated Facilities (Feb 1999) (E.O. 11246). (iii) 52.222-26, Equal Opportunity (Apr 2002) (E.O. 11246). (iv) 52.225-13, Restrictions on Certain Foreign Purchases (Dec 2003) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). (v) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (vi) 52.222-41, Service Contract Act of 1965, As Amended (May 1989) (41 U.S.C. 351, et seq.) (Applies to service contracts over $2,500 that are subject to the Service Contract Act and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer continental shelf lands.) (vii) 52.223-5, Pollution Prevention and Right-to-Know Information (Aug 2003) (E.O.13148) (Applies to services performed on Federal facilities). (viii) 52.225-1, Buy American Act -Supplies (June 2003) (41 U.S.C. l0a-lOd) Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contractor supply portion of a service contract exceeds the micropurchase threshold and the acquisition: (A) Is set aside for small business concerns; or (B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000). (ix) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003). (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the Central Contractor Registration (CCR) database as its source of EFT information.) (x) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999). (Applies when the payment will be made by EFT and the payment office does not use the CCR database as its source of EFT information.) (xi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Apr 2003) (46 U.S.C. App. 1241). (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).) (2) Listed below are additional clauses that may apply: (i) 52.209-6, Protecrting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Jan 2005) (Applies to contracts over $25,000.) (ii) 52.211-17, Delivery of Excess Quantities (Sept 1989) (Applies to fixed-price supplies.) hes to su lies if delive is f.o.b. (iii) 52.247-29, F.o.b. Origin (June 1988) (App ' pp rY origin.) (iv) 52.247-34, F.o.b. Destination (Nov 1991) (Applies to supplies if delivery is f.o.b. destination). 52.208-4 Vehicle Lease Payments (APR 1984) 52.208-5 Conditions of Lease Vehicles (APR 1984) • • (vi) 52.233-4, Applicable Law for Breach of Contract Claim (OcT 2004) (Pub. L. 108-77, 108-78). (2) Listed below are additional clauses that apply: (i) 52.232-1, Payments (Apr 1984). (ii) 52.232-8, Discounts for Prompt Payment (Feb 2002). (iii) 52.232-11, Extras (Apr 1984). (iv) 52.232-25, Prompt Payment (Oct 2003). (v) 52.233-1, Disputes (July 2002). (vi) 52.244-6, Subcontracts for Commercial Items (Dec 2004). (vii) 52.253-1, Computer Generated Forms (Jan 1991). (b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply: (1) The clauses listed below implement provisions of law or Executive order: (i) 52.222-19, Child Labor -Cooperation with Authorities and Remedies (June 2004) (E.O. 13126). (Applies to contracts for supplies exceeding the micropurchase threshold.) (ii) 52.222-20, Walsh Healey Public Contracts Act (Dec 1996) (41 U.S.C. 35-45). (Applies to supply contracts over $10,000 in the United States, Puerto Rico, or the U.S. Virgin Islands). (iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Dec 2001) (38 U.S.C. 4212) (Applies to contracts of $25,000 or more). (iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C.793). (Applies to contracts over $10,000, unless the work is to be performed outside the United States by employees recruited outside the United States.) (For purposes of this clause, United States includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.) (v) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Dec 2001) (38 U.S.C. 4212) (Applies to contracts of $25,000 or more). EM~ENCY EQUIPMENT RENTAL A~EMENT 1. ORDERING OFFICE (name and addr ) AOREEM MAR MUST APPEAR ON ALL PAPERS Idaho Department of Lands RELATING TO THIS AGREEMENT SoulhwestArea FPD 2 AGREEMENT NUMBER {DL~10-06-029 8356 W State Street Boise, Idaho 83703 3. EFFECTIVE DATES a. beginning 06J01A6 b. ending 12/31/06 4. CONTRACTOR a. name and address 5. POINT OF HIRE (location when hired) Meridian Fire Department Boise ID 540 E Franldin 6. THE WORK RATE IS BASED ON ALL OPERATING SUPPLIES Meridian, Idaho 83842 BEING FURNISHED BY ^ CONTRACTOR ®GOVERNMENT b. EINJSSN:82-6000225 b. telephone number (day) d. telephone number (night) 7. OPERATOR FURNISHED BY 208-888-1234 FAX206-895-0390 377-7351 DLgpatch ®CONTRACTOR ^ GOVERNMENT 8. TYPE OF CONTRACTOR rx appropriate boxes) ^ SMALL BuslNESS ~ LARGE BusINESS ^ SMALL DtsawANTAGt~ OWNER ^ WOMEN OWNED ^ LABOR SURPLUS AREA ®OTHER 9. ITEM DESCRIPTION 10. NUMBER OF 11. WOR K OR DAILY 12 SPECIAL 13. GUARANTEE {include make, model, year, serial number and accessories) OPERA70RS a. rate b. unit a. rate b. unit (8 or more hours) a. Stnxtural Engine;,~ct~ E2 3 Un operated NA NA NA 1986 Ford,1000g., SOOgpm pump, Foam: ~.~ ~ SN:~FDRK84N8GVA4826B • 51,291 ~~~ ~'~ Lk:.it MFD 306 51,614 day2 shifts -x~r ~~ +, ~N ~x 5ti'; lFM~L.ir I (c l-i~. t.t ~f ~~7 3/v5 c. d. e. t. 9• 14. SPECIAL PROVISIONS Unoaerated: A Fire Service Organization with equipment hired at the un-0perated rate, with salaried empbyees„ will submit an invoice for personnel time. IDL will reimburse the FSO for actual payroll costs, including benefits, for resources assigned to an incident. No other administrative or backfill costs w1U be allowed. Original payment packages are to be resumed to the Idaho Department of Lands for audit and payment as stated in the hrteragenry Incident Business Management Handbook. li1.7 Exhibit 02, under Fire Service Organizations. tMktland fire response. For initial attack within the FSO District or mutual response zone, there will be no payment to the FSO resource for the first tour (4) hours of use. K an FSO resource is needed beyond the four hour period, or for a dispatch outside the DistricUmutual response zone, the FSO resource order shall be requested through the wildland agenry's dispatch center and confirmed through IDL or SITPA for billing purposes. Only apparatus listed on the current EERA may be hired. 15. CONTRACTOR'S OR AUTHORIZED AGENTS SIGNATURE 16. DATE 17. CONTRACTING OFFICER'S SIGNATURE 18. DATE 19. PRINT NAME AND TITLE 20. PRINT NAME AND TITLE Ron Anderson Fire Chief Kurt Houston Fire Warden SWI NsN ~sao.ol-1218825 OPTIONAL FORM 28a (REV.8~80) PREVIOUS EDITION NOT USABLE USDA/USDI soz9+~w EM~ENCY EQUIPMENT RENTAL A~EEMENT 1. ORDERING OFFICE (name and ) AGREEM MBER MUST APPEAR ON ALL PAPERS Idaho Departrnet7t of lands RELATING TO THIS AGREEMENT Sa~thwest Area FPD 2 AGREEMENT NUMBER IDL~10-06.029 8356 W State Street Boise, Idaho 83703 3. EFFECTIVE DATES a. beginning 06101/06 b. ending 12131/06 4. CONTRACTOR a. name and address 5. POINT OF HIRE pacatlon when hired) Meridian Fire Department Boise ID 540 E Frenl~n 6. THE WORK RATE IS BASED ON ALL OPERATING SUPPLIES Meridian, klaho 83642 BEING FURNISHED BY ^ CONTRACTOR ®GOVERNMENT b. EIWSSN:82-6000225 b. telephone number (day) d. telephone number (night) 7. OPERATOR FURNISHED BY 208888-1234 FAX208-895-0390 377-7351 Dispatch ®CONT'RACTOR ^ GOVERNMENT 8. TYPE OF CONTRACTOR ('X' appropriate boxes) ^ SMALL BUSINESS ^ LARGE BUSINESS ^ SMALL DISI4DVANTAGED OWN62 ^ WOMEN GIVN® ^ LABOR SURPLUS AREA ®OTHER 9. ITEM DESCRIPTION 10. NUMBER OF 11. WOR K OR DAILY 12 SP ECIAL 13. GUARANTEE pnGude make, model, year, serial number and accessories) OPERATORS a. rate b. unit a. rate b. unit (8 or more hours) a. Strudurel Engine;,ccc E2 3 Un operated NA NA NA 1986 Ford,1000g., SOOgpm pump, Foam: 192.00 hr SN:-fDRK64N8GVA48266 • St,291 day/1 sh(R Liclf MFD 306 11,614 day2 shifts ~' R K :• 1-f N~ ~~ VFW ~,2:~. (c; ~~ut /=c,-~.'. ~xPF_t7i'f'ic7V t.~jC~ . l-i G. tt ,4 F r!7 3 G.~S c. d. e. f. 9• 14. SPECIAL PROVISIONS Unoaerated: A Fire Service Organization with equipment hired at the unoperated rate, with salaried empbyees, will submit an invoice for personnel time. IDL will reimburse the FSO for actual payroll costs, including benefits, for resources assigned to an incident. No other administrative or backfill costs will be allowed. Original paymerrt packages are to be returned to the Idaho Departrrrerrt of Lands for audit and payment as stated in the Interagency Incident Business Management Handbook, 51.T Exhibit 02, under Fire Service Organizations. IMldland fire response. For initial attack wRhin the FSO District or mutual response zone, there will be no payment to the FSO resource for the first tour (4) hours of use. K an FSO resource is needed beyond the four hour period, or for a dispatch outside the Distrtct/mutual response zone, the FSO resource order shall be requested through the wildland agency's dispatch center and contirrrred through IDL or SITPA for billing purposes. Only apparatus listed on the current EERA may be hired. 15. CONTRACTOR'S OR AUTHORIZED AGENTS SIGNATURE 16. DATE 17. CONTRACTING OFFICER'S SIGNATURE 18. DATE 19. PRINT NAME AND TITLE 20. PRINT NAME AND TITLE Ron Anderson Flre Chief Kurt Houston Fire Warden SWI NSN 7540.01-127,8825 OPTIONAL FARM 284 (REy.B-801 PREVIOUS EDITION NOT USABLE c~pA/Ugpl soxe+ra February 10, 2006 MERIDIAN CITY COUNCIL MEETING February 14, 2006 APPLICANT ITEM NO. 9 REQUEST Discussion of Deeding Messina Meadows Park to City of Meridian by Westpark Development AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See attached Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • . February 10, 2006 MERIDIAN CITY COUNCIL MEETING February 14, 2006 APPLICANT ITEM NO. ~ O REQUEST Tabled from January 24, 2006 -Resolution -Approving and Adopting Fees for Public use of the Meridian Police Department Conference Room 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 Previous Item Packet / MMutes ~° r OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubUc meeting shall become properly of the City of Meridian. • CITY OF MERIDIAN RESOLUTION NO. • ®~"." s®~ BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE A RESOLUTION APPROVING AND ADOPTING FEES FOR USE OF THE MERIDIAN POLICE DEPARTMENT PUBLIC CONFERENCE ROOM; PROVIDING FOR A WAIVER OF CONFERENCE ROOM FEES IN CERTAIN CIRCUMSTANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in compliance with Idaho Code 63-1311A, the City of Meridian has advertised the proposed fees for public use of the Meridian Police Department public conference room and has advertised a public hearing which was held on January 24, 2006; and, WHEREAS, after such hearing, the City Council approved the proposed fees. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the following fees for the use of the Meridian Police Department public conference room are hereby adopted: Half Day (4 hours) $25.00 Full Day (8 hours) $40.00 Lost /Non-returned Key Card $ 8.00 Section 2. That the Chief of Police or his designee shall have the authority to exercise discretion in waiving all or part of the fee if the person or organization is using the conference room for City business or for other purposes that are consistent with the needs of or a benefit to the City of Meridian. Section 3. That the Meridian Police Department is hereby authorized to implement and carry out the collection of said fees. Section 4. That this Resolution shall be in full force and effect on the 1st day of March, 2006. RESOLUTION -POLICE MEETING ROOM FEES Page 1 of 2 • • ADOPTED by the City Council of the City of Meridian, Idaho, this ~~ ~~ day of ~.~ ~y7.~/tr~ , 2006. APPROVED by the Mayor of the City of Meridian, Idaho, this l~ ~ da Y of .Q~ ~! Y' , 2006. APPROVED: ,z~~ ~to ~ `.' ~~ a°~~~~ ~~ ~~~ ~ ; ATTEST: owe ~ ~~ ~~ - CITY CLERK = ~~p~ ~~~ ° f p 1'111 61111 RESOLUTION -POLICE MEETING ROOM FEES Page 2 of 2 February 10, 200b FP 06-002 MERIDIAN CITY COUNCIL MEETING February 14, 2006 APPLICANT Mike Arnke ITEM NO. 11 REQUEST Final Plat approval of 18 building lots and 4 common lots on 2.06 acres in a R-40 zone for Amke Subdivision - 2070 West Pine Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comment 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 Ciiy of Meridian. • BEFORE THE MERIDIAN CITY COUNCIL C/C February 14, 2006 IN THE MATTER OF THE ) APPLICATION OF MIKE ARNKE ) FOR FINAL PLAT APPROVAL OF ) 18 RESIDENTIAL TOWNHOUSE ) BUILDING LOTS AND 4 COMMON ) / OTHER LOTS ON 2.06 ACRES IN ) AN R-44 LOCATED AT 2070 WEST ) PINE AVENUE IN THE 5W '/a OF ) THE NE'/ OF T. 3N., R.1W., ) SECTION 11 ) CASE NO. FP-06-002 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on February 14, 2006, and the Council finding that the Administrative Review is complete from Sonya Wafters, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: February 14, 2006, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING ARNKE SUBDIVISION LOCATED IN THE SW 1/ OF THE NE 1/ OF T. 3N., R. 1W., SECTION 11, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2006, HANDWRITTEN DATE: 11/17/05, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ARNKE SUBDIVISION / (FP-06-002) Page 1 of 3 • • SHEET 1 OF 3, CLAIBORN WAITS CONSULTING, LLC", MIKE ARNKE, Developer, is Conditionally Approved subject to those conditions of Staffcomments as set forth in the Memorandum to the Mayor and City Council from Sonya Wafters, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: February 14, 2006, listing 21 SITE SPECIFIC REQUIREMEhiTS/FINAL PLAT and 13 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein and the response letter from Michael Arnke, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 1 page, and by this reference incorporated herein. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAI~NGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City ORDER OF CONDTI'IONAL APPROVAL OF FINAL PLAT FOR ARNKE SUBDIVISION / (FP-06-002) Page 2 of 3 • • Clerk not more thantwenty-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. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, withintwenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~ 4~ day of ~~~ ~ , 2006. ~4e`~~~~~~i ii a uiB3'' ~`v`~~ ~~ ~' `Mayo of Meridian Attest: = ~~ ~~~=. ~ ~~ William G. Berg, Jr., Ci Cl k ~~~ ~p t~3~ . ~` .~~ ,~,~ Copy served upon Applicant, the Planigo eoooa~~°~epartment, Public Works Department, and City Attorney. By I ~ Dated: a1-a1-a (~ ity Clerk's Office ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ARNKE SUBDIVISION / (FP-06-002) Page 3 of 3 CITY OF MERIDIAN ~NNING AND PUBLIC WORKS DEP~TMENTS STAFF REPORT STAFF REPORT: TO: FROM: SUBJECT: Hearing Date: February 14, 2006 Transmittal Date: February 10, 2006 Mayor & City Council 7 .`.~~.ryry. ~. , .. `~ E'1'A't' f1R ~i;t~lr4~~. ~'~ ~~ ~ ~~ ~¢o iu.~~, 'elf ~'f F y" '"r-,y-~03r 7 ~9..rw6 ~+, `a~s"'~-`-5`_~-, "41atk~, Sonya Wafters, Assistant City Planner Michael Cole, Development Services Coordinator ~ C Arnke Subdivision Request for Final Plat Approval of Arnke Subdivision Consisting of 18 Residential Townhouse Building Lots and 4 Common/other Lots on 2.06 Acres in an R-40 Zone by Mike Arnke. (File# FP-06-002) We have reviewed this These conditions shall Meridian City Council: submittal and offer the following comments and conditions of the applicant. be considered in full, unless expressly modified or deleted by motion of the APPLICATION SUNIMARY & LOCATION The applicant, Mike Arnke, has applied for final plat approval of Arnke Subdivision which consists of 16 residential townhouse building lots and 4 common other lots on 2.06 acres in an R-40 zone. The gross density for this subdivision is 7.67 dwelling units per acre. The net density is 10.72 dwelling units per acre. This property has not been previously platted. This property is located in a portion of the southwest '/a of the northeast'/a of Section 11, T.3N., R.1W. The site is located on the north side of W. Pine Avenue, just west of Meridian High School. The fmal plat submitted for this subdivision substantially complies with the approved preliminary plat. Staff recommends approval of Arnke Subdivision with the comments and conditions stated in this report. SITE SPECIFIC REQUIItEMENT5 Applicant is to meet all terms of the approved annexation (AZ-OS-029), development agreement (Inst. No. 105191337), conditional use permit (CUP-OS-037) and preliminary plat (PP-OS-028). 2. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant has indicated that they will be using an on-site well as the main source, therefore no connection to the City Water system will be allowed. If in the future the well is not adequate to supply the pressurized irrigation system the applicant shall be required to use non-potable water as the main source. 3. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Perimeter fencing to contain debris shall be installed at the subdivision boundary prior to release of building permits. 4. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- Exhibit "A" FP-06-002 Arnke Sub FP.doc PAGE 1 CITY OF MERIDIAN~ANNING AND PUBLIC WORKS DEP~TMENTS STAFF REPORT 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B- 11. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction The applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services aze available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 6. The applicant shall install sewer mains to and through this development, including Winning sewer to the western boundary of this property. The applicant shall coordinate main size and routing with the Public Works Department. Cover over sanitary sewer mains shall be no less than three feet from finish grade to the top of the pipe. If cover is less than three feet from the sub-grade to the top of the pipe, alternated pipe materials shall be used per the Meridian Public Work's Standard Specifications. 7. Provide an easement using Meridian's standard form of easement for the proposed off-site sewer prior to signature on the final plat. The applicant will be responsible to construct water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 9. Revise the situate statement to read "... the SW '/a e~ of the NE '/a of ..." 10. Revise the year of platting to 2006. 11. Label the Block number on the face of the plat. 12. The applicant shall extend the service drive to the eastern property line and provide a secondary emergency access which connects with the driveway on the LDS property to the east. The access shall meet all Meridian Fire Department standards and shall be closed with bollards and a chain with a Knoxbox per the Meridian Fire Department. 13. Remove all existing buildings that do not meet setbacks or the zoning ordinance prior to signature on the final plat by the City Engineer. 14. The applicant withdrew their request to install a security gate at the entrance to the service drive from E. Pine Avenue, and a gate will not be allowed. 15. Please submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. Exhibit "A" FP-06-002 Arnke Sub FP.doc PAGE 2 CITY OF MERIDIAN ~ANNING AND PUBLIC WORKS DEP~TMENTS STAFF REPORT 16. A Certificate of Zoning Compliance is required prior to issuance of a building permit for any and all townhouses within this subdivision. NOTE: A CZC application ~ include multiple/all townhouses within the development. 17. The landscape plan, prepared by The Land Group and dated 12/23/05, shall be revised as follows: a. A 6-foot tall vinyl fence shall be constructed on the exterior perimeter of the property per preliminary plat site specific requirement #1.1.14. b. Relocate the fencing shown in the street buffer along Pine Avenue to be on the interior edge of the street buffer per UDC 11-3B-7C.2.c. c. Show contours for the stormwater swale located in Lot 5. Sod may not be used in the bottom of the drainage areas; replace with seed on the plan. Stormwater swales must comply with UDC 11-3B-11. d. The Rutledge Lateral does not run along the northern boundary of this property; revise the name of the waterway. Submit 3 copies of the revised landscape plan to the Planning Department prior to signature on thefinal plat by the City Engineer. 18. Revise or add the following note(s) on the face of the plat dated 11/17/05, prepared by Claiborn- Waite Consulting, LLC, prior to signature on the final plat by the City Engineer: 5.) "... in compliance with Title 11 a~-T~e~ of the Meridian City Code." 7.) Include the lot and block numbers of the common lots. Also address the ownership of these lots. 8.) Revise to read, "...has a blanket City of Meridian sanitary sewer and water, ingress/egress..." Also state that the ingress/egress easement is for the benefit of all lots within this subdivision. *.) Add a note, "Bottom elevation of structural footings shall be set a minimum of 12-inches above the highest established normal exound water elevation." *.) Add note regarding the Right to Farm Act. *.) Add note: "This plat is subject to a development aQxeement recorded as instrument number 105191337 of Ada County Records." 19. Complete the Certificate of Owners and accompanying acknowledgement. 20. Staffs failure to cite specific ordinance provisions or terms of the approved annexation, conditional use permit, or preliminary plat does not relieve the applicant of responsibility for compliance. GENERAL REQUIItEMENTS 1. 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 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. If lateral users association approval can't be obtained, alternative plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. Exhibit "A" FP-06-002 Arnke Sub FP.doc PAGE 3 CITY OF MERIDIAN~ANNING AND PUBLIC WORKS DE~TMENTS STAFF REPORT A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 5. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 6. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 7. Any existing domestic wells and/or septic systems within this project will have to be removed from their 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. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 9. Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 10. Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 11. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 12. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 13. Approval of the preliminary plat shall become null and void if the applicant fails to record the final plat within two years of the approval of the preliminary plat per UDC 11-6B-7A. 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 months, may be considered for final approval without resubmission for preliminary plat approval per UDC 11-6B-7B. STAFF RECOMMENDATION Staff recommends approval of the final plat for Arnke Subdivision (FP-06-002) with the above stated comments and conditions. Exhibit "A" FP-06-002 Arnke Sub FP.doc PAGE 4 Page l of l Mike Cole From: Michael Arnke [mike@mcaconst.com] Sent: Tuesday, February 14, 2006 3:32 PM To: Mike Cole Cc: Sonya Wafters; mattm@munger~ng.com Subject: Arnke Subdivision 'e ~.' ~ ~ '' •z ~~ {,8 ! , ~.. r .~ City of Meridian Planning and Zoning FE~ , /} ~~{)6 r,.t, Subject: Arnke Subdivision -~ oe.~~.:~!~ ~:t,,.M~ Please accept this email as our acceptance to the Annexation, Conditions of Approval, Conditional Use Permit for the aforementioned subdivision locate within the City of Meridian. Michael C. Arnke 2070 LLC Owner Exhibit "H>, 2/14/2006 CJ CITY OF MERIDIAN BY THE CITY COUNCIL: • ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .QO 3 BOISE IDAHO 07121!0$ 11:~ AM III IIIIIIIIIIIIIIOII IIIIIIIIII~II III DEPUTY Bonnie Oberbillig RECORDED-REQUEST OF 11~~IB~65~g Meridian City RESOLUTION NO. ~~~ ~~•/ BIRD, BORTON, ROUNTREE, WARDLE A RESOLUTION VACATING THREE (3) EASEMENTS OF RECORD IN THE NE 1/ OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, MERIDIAN, IDAHO AS FILED AS INSTRUMENT NUMBERS 103105409,102156663 AND 103007935; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 27, 2005, the City Council of Meridian, held a hearing on the vacation of easements of City water and sewer easements recorded as Instrument Nos.103105409, 102156663 and 103007935 in the NE '/ of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Meridian, Idaho, and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the City water and sewer easements recorded as Instrument Nos.103105409, 102156663 and 103007935 in the NE 1/ of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Meridian, Idaho are hereby vacated. Copies of the necessary relinquishments are attached as Exhibit "A". Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. VACATION OF EASEMENT / MARCE SUBDIVISION -VAC OS-015 Page 1 of 2 • • PASSED BY THE CITY COUN/CIL OF THE CITY OF MERIDIAN, IDAHO, this ~ day of ~Q~~~~ ~ , 2006. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~ day of ~~U~lit,~ ~~ , 2006. ti~i~- ~~ `~°~~`i~A ~ ~, Y de WEERD .~'~~ ~F;° °r ATTEST: '6~ ~ °° e ® ~ r ` ~~_ ,f~ _ d'9 CITY CLERK %° ,~ ~~ ~~~ . ~``~ ~,`~ s* o~osee~~~. ` STATE OF IDAHO, ) ss County of Ada ) On this ~~~ day of ~C~~1 ~-~ , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. •,...... •~,g,AM. G~••.. . ~A ; . ,A ,'~. ~,n ~, ~ • • • • •~ `~ ~ n i •~ OF ~~`~'~-• •.... ~ NOTARY PUBLIC FOR IDAHO RESIDING AT: C'~~~1 lL'P 1 ~ ~t~ MY COMMISSION EXPIRES: 10-I I - I VACATION OF EASEMENT / MARCE SUBDIVISION -VAC OS-015 Page 2 of 2 ~~i~i ~ ~,I tAT 1Y L07' ~. t ,. am aF txx~-n; I~TY EASEAIt:NTS TO BE VAGA7Ed: Inst. /f03~9935 sewer Mst ~ftl3156853 ~ot~ar saa~ ~ ~, lost. ~10311)54t?9 (water) ,,. _.~ Wbr'eAS. A ~ 9E~tA t6ilBQ y~B~nS~~ ~.isAi .._..~..... ~... ..._ H~~iOEW ._.._n:.. .,...» .~.~.., _. ., ~ :1 E~i~ ~ f RQ'I' y~ .'~. w - .. _. _~w r~~~_~,~ nc.zc~cwa ,,, f ~ ~( VtJ+9C~OIP ' I 1 ~. t ~ a ~ ~ r~ . o acaarreosn 1 V n.~, i P85$iWW ~ 0./J. iJv ih4Y~~iu 1-L ` tl 1 I :I _cwr~icow ~. a... ,~.~~_.. 1 i ._', klbneubo,l ~ ~~:. -~~~..~.~ ... ~ '~ v~mxanm ; ~- n-.....~ ~! - I CF,~Id~ i.Ni 1 I 1 s nseraexacm. ----- ----- ---------- ~I------i4~t~ ~ _~ ~ ~ ~~a r~re%i~ ~~ cue su, ~ P~~ ~A_ ~~~~ ~~~ s s~ ~ ~,~,,. m Boa rza~~ -o~~ ~~ 1 February 10, 2006 MERIDIAN CITY COUNCIL MEETING February 14, 2006 APPLICANT ITEM NO. ~ Z REQUEST Public Hearing -Status of Funds for Meridian Area Senior Citizen Center AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Malerlals presented at public meeflngs shall become properly of the City of Merldlan. February 10, 2006 AZ 05-055 MERIDIAN CITY COUNCIL MEETING February 14, 2006 APPLICANT Dyver Development, LLC ITEM NO. 13 REQUEST Public Hearing -Request for Annexation and Zoning of 35.33 acres from RUT to R-8 zones for Ambercreek Subdivsiion -North Meridian Road and West McMillan Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached P&Z Item Packet /Minutes See atbched Recommendations /Findings See attached Comments OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. February 10, 2006 PP 05-057 MERIDIAN CITY COUNCIL MEETING February 14, 2006 APPLICANT Dyver Development, LLC ITEM NO. 14 REQUEST Public Hearing -Request for Preliminary Plat approval for 175 single-family residential building lots and 16 common lots on 35.33 acres in a proposed R-8 zone for Ambercreek Subdivsiion -North Meridian Road and West McMillan Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached P&Z Item Packet /Minutes See attached Recommendations / Flndings See attached Comments Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings sha0 become pnaperty of the Ctty of Meridian. February 10, 2006 MERIDIAN CITY COUNCIL MEETING February 14, 2006 RZ 05-021 APPLICANT Hillview Development Corporation ITEM NO. ~ S REQUEST Public Hearing -Request for a Rezone of .94 acres from R$ to C-G zone and Rezone of .95 acres from R-8 to C-N zones for Champion Park Addition -- north of Ustick Road and west of 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: COMMENTS See atNnched PtLZ Item Packet /Minutes See attached Recommendations / Findings MERIDIAN POST OFFICE: OTHER: See a#tached proo# of ~osHng Contacted: Emaited: Date: Staff Initials: Phone: Materials presented at public meetings shop become properly of the City of Meridian. • • RECEIVE?.. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER C`~~~ ~ridi~. e~~~l~° ~ Office !_ 4. ~~.,~~ r~ ~,,,;~ ~,;a. In the Matter of Re-zoning 1.89 acres from R-8 to C-G (General Retail and Service Commercial)(0.94 acres) and C-N (Neighborhood Business)(0.95 acres) AND Preliminary Plat approval request for 48 single-family residential building lots (24 attached and 24 detached), 2 commercial lots and 4 common lots on 11.44 acres AND Conditional Use Permit approval to modify CUP-02-049 by removing the proposed mini-storage use and replacing that with attached and detached single-family dwellings AND Miscellaneous request to modify the recorded Development Agreement for Champion Park Subdivision (F.K.A. - Parkstone Subdivision), by Hillview Development Corporation. Case No(s).: RZ-OS-021, PP-05-061, MCU-05-004, and MI-05-015 For the City Council Hearing Date of: February 14, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 14, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 14, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 14, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 14, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-OS-021 / PP-OS-061 /MCU-OS-005 / MI-OS-015 -PAGE 1 of 5 r~ ~~ 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 parry requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, Site Plan, and the Conditions of Approval all in the attached Staff Report for the hearing date of February 14, 2006 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 September 29, 2005 is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated January 4, 2006 is hereby conditionally approved; and, 3. The following modifications to site specific conditions were made at the City Council hearing: a. None. 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of February 14, 2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when geanted, 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, CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-OS-021 / PP-OS-061 / MCU-OS-005 / MI-OS-015 -PAGE 2 of 5 and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditions use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-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. 2. 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 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-OS-021 / PP-OS-061 / MCU-OS-005 / MI-OS-015 -PAGE 3 of 5 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 February 14, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-OS-021 / PP-OS-061 / MCU-OS-005 / MI-OS-015 -PAGE 4 of 5 By action of the City Council at its regular meeting held on the ~~ day of 2006. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD DATED: 2 Z-Ob VOTED_~~ VOTED__~~~ VOTED__~~~ VOTED__~~~~ VOTED MOTION: APPROVED: ~ DISAPPROVED: q~`\,~14014 ~`,Dyta_g ATTEST: ~ ~'~ ,~ ~;~ ~.-~ - °~ . ® ~~ ~° LIAM G. BERG JR., C CLE ~ ~ T ~ ~'~ ' `,~~ ,~ ®Q, • ~,,~'r'~1/1IPIIIt81111~1~,'`'```, Copy served upon: /~ Applicant Planning Department /~ Public Works Department City Attorney de WEERD By: Dated: a ' ~ 5'o LD rty Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-OS-021 / PP-OS-061 / MCU-OS-005 / MI-OS-015 -PAGE 5 of 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAATE OF FEBRUARY 14, 2006 STAFF REPORT Hearing Date: 2/14/2006 TO: Mayor and City Council FROM: C. Caleb Hood, Current Planning Manager Meridian Planning Department 208-884-5533 e _ e- ~':kFV` 9'r~ 1~.~-~-~~ ~ ~ ~~r_ ~~~~ i, ir~.~~a ~! 1~64~ ~ , 9I. ~~& ~P SUBJECT: Champion Park Addition Subdivision RZ-OS-021 Rezone of 1.89 acres from R-8 to C-G (General Retail and Service Commercial)(0.94 acres) and C-N (Neighborhood Business)(0.95 acres). PP-OS-061 Preliminary Plat approval of 48 single-family residential building lots (24 attached and 24 detached), 2 commercial lots and 4 common lots on 11.44 acres. MCU-OS-004 Conditional Use Permit (CUP) approval to modify CUP-02-049 by removing the proposed mini-storage use and replacing that with attached and detached single-family dwellings. MI-OS-015 Miscellaneous request to modify the recorded Development Agreement for Champion Park Subdivision (F.K.A. - Parkstone Subdivision.) 1. SiTNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Hillview Development Corporation, has applied for Re-zoning of 1.89 acres from R-8 (Medium-Density Residential) to C-G (General Retail and Service Commercial) for 0.94 acres and C-N (Neighborhood Business) for 0.95 acres; Preliminary Plat and Conditional Use Permit approval of 48 single-family building lots, 2 commercial building lots, and 4 common lots on 11.44 acres; and a Miscellaneous request to modify the existing development agreement for this property. The site is located on the north side of Ustick Road, approximately 1,300 feet west of Eagle Road. This site is currently vacant. The site has not been previously fmal platted, but was a part of the original Champion Park (a.k.a - Parkstone) Subdivision. The subject property is within the Urban Service Planning Area and within the current city limits. 2. SUMMARY RECOMMENDATION The Meridian Planning and Zoning Commission heard the item on January 5, 2006. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Becky McKay (applicant's representative) ii. In opposition: Tom Davis iii. Commenting: Jonathan Seele iv. Staff presenting application: C. Caleb Hood v. Other staff commenting on application: Ted Baird b. Key Issues of Discussion by Commission: i. Land use buffer widths. ii. Requiring CUP's for uses on the 2 proposed commercially zoned lots. c. Key Commission Changes to Staff Recommendation: Champion Park Addition Subdivision RZ-OS-021/PP-OS-061/MCU-OS-004/MI-OS-015 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~DATE OF FEBRUARY 14, 2006 i. Remove the 4`" bullet on Page 9 of the Staff Report which required onl one of the two proposed commercial zones to obtain CUP approval in the future The Commission voted to require both commercial lots to obtain CUP approval as Il. at the ~anuarV ~v, c:ommisslon hearmg t,_ he applicant volunteered to construct a 6-foot tall vinyl fence along the east pro e~rty line The applicant also a eed to include a clause within the future purchase agreements with the property owners of the lots within Champion Park Addition, making_potential buyers aware of the commercial zoning and future uses to the east. The fencing provision has been added to the Conditions of Approval (Condition 1.1.4) in Exhibit B Staff supports the applicant's proposal to make future lot owners aware of the CentrePointe commercial development to the east, but staff has not included a requirement for the applicant to include a disclosure statement in the future purchase and sale agreements. A condition of this nature would be impossible for staff to track and enforce. d. Outstanding Issue(s) for City Council: i. None. The subject applications (RZ, PP, MCU, and MI) were submitted to the Planning Department for concurrent review. Generally, the Planning & Zoning Commission is the final decision making body on a Conditional Use Permit. However, because the City Council is the final decision making body on the Rezone, Miscellaneous and Preliminary Plat applications, all of the subject applications are being combined into one staff report. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested applications. The Planning & Zoning Commission is recommending approval of the proposed Champion Park Addition Subdivision (RZ-OS-021 PP-OS-061 MCU-OS-004 and MI- OS-0151 with the conditions listed in Exhibit B of the Staff Report. 3. PROPOSED MOTION (to be considered after the public hearing) Approve After considering all staff, applicant and public testimony, I move to approve File Numbers RZ- OS-021, PP-OS-061, MCU-OS-004 and MI-OS-015, as presented in staff report for the hearing date of February 14, 2006 with the following modifications: (Add any proposed modifications.) Deny After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-OS-021, PP-OS-061, MCU-OS-004 and MI-OS-015, as presented in the staff report for the hearing date of February 14, 2006 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.) Continue After considering all staff, applicant and public testimony, I move to continue File Numbers RZ-OS-021, PP-OS-061, MCU-OS-004 and MI-OS-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: North side of Ustick Road, approximately 1,300 feet west of Champion Park Addition Subdivision RZ-OS-021/PP-OS-061/MCU-OS-004/MI-OS-015 PAGE 2 CITY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 14, 2006 Eagle Road, at the northeast comer of Ustick Road and Leslie Way / 4N1E32 b. Owner: Hillview Development Corporation 150 E. Aikens Street, Ste. A Eagle, ID 83616 c. Applicant: Hillview Development Corporation 150 E. Aikens Street, Ste. A Eagle, ID 83616 d. Representative: Becky McKay, Engineering Solutions, LLP e. Present Zoning: R-8 f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: The applicant is requesting approval of a 54-lot development that includes 48 single-family buildable lots, 2 commercial lots and 4 common lots on property that was originally approved by the City for mini-storage units and commercial businesses The applicant is proposing to modify the original approvals and overall site plan by changing this phase of the development from commercial mini-storage to primarily residential. The applicant is proposing an even mix of single-family attached and detached lots in this amended phase of the development. All of the proposed residential lots conform to the dimensional standards of the R-8 zone. The average lot size in the proposed development is 6,887 square feet. The gross density of Champion Park Addition is 4.77 dwelling units per acre. Less than 2% of the area being developed in this phase is being set aside for open space. However, 11 % of the total Champion Park development is being set aside for open space. 1. Date of preliminary plat (attached as Exhibit A): 9/29/05 (Revised 10-20-OS) 2. Date of landscape plan (attached as Exhibit A): 11/10/OS h. Applicant's StatemendJustification: The proposed Champion Park Addition is currently zoned R-8 and was approved as a planned development that included attached and detached single- family housing, four office lots, two commercial lots, and one mini-storage lot. The portion of the project formerly proposed as amini-storage lot is now being proposed as Champion Park Addition, with 24 single-family detached lots and 24 single-family attached lots. We are concurrently submitting a request for preliminary plat, rezone of the two commercial lots to C- Gand C-N as requested by staff, and a modification of the development agreement and conditional use permit. No variances are being requested for this project. Rezone to C-N is requested fora 0.95 acre lot and rezone to C-G is being requested fora 0.94 acre lot, as requested and approved in the original development agreement for the overall project. The remaining 7.57 acres will remain zoned R-8 and be platted as a residential development. As the property to the east is designated Mixed Use-Regional, no buffer is proposed adjacent to the commercial lots. We ask that the Findings of Fact and Conclusions of Law and Orders for the previous approval be amended as necessary to reflect the above changes (please see Applicant's Submittal Letter.) Champion Park Addition Subdivision RZ-OS-021/PP-OS-061/MCU-OS-004/MI-OS-015 PAGE 3 CITY OF MERIDIAN PLANG DEPARTMENT STAFF REPORT FOR THE HEAR~DATE OF FEBRUARY 14, 2006 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 6, a public hearing is required before the City Council on this matter. c. The subject application will in fact constitute a conditional use permit 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. Miscellaneous applications are not currently addressed in Title 11 of the Meridian City Code. It has been determined by the City's Legal Department that a miscellaneous application to amend a recorded development agreement will in fact require a public hearing before the City Council. e. Newspaper notifications published on: December 19, 2005 and January 2, 2006 (for P & Z Commission hearing) and January 23 and February 6, 2006 (for City Council hearing.) f. Radius notices mailed to properties within 300 feet on: December 19, 2005 (for P & Z Commission hearing) and January 20, 2006 (for City Council hearing.) g. Applicant posted notice on site by: December 26, 2005 (for P & Z Commission hearing) and February 3, 2006 (for City Council hearing.) 6. LAND U5E a. Existing Land Use(s): The subject property is currently vacant. b. Description of Character of Surrounding Area: The property to the north has been platted as a residential phase of Champion Park. To the west, across Leslie Way, are future office lots and a City Park in Champion Park. To the east are C-G zoned properties (Blue Marlin/future Kohl's site) and a 5-acre parcel currently zoned RUT in Ada County. To the south, across Ustick Road, is Carol Subdivision. Carol Subdivision consists of 1-acre parcels. Some of the lots in Carol Subdivision are zoned R-2 in Meridian, some are zoned Rl in Ada County. This area is rapidly transitioning from rural to urban. c. Adjacent Land Use and Zoning: 1. North: Single-family residential, Champion Park Subdivision, zoned R-8 2. East: Currently vacant, future commercial development, zoned C-G; existing Ada County residence on 5-acres, has applied for annexation to C-G 3. South: Rural residential, Carol Subdivision, zoned Rl (Ada County) and R-2 (City) 4. West: City Park and future office lots in Champion Park Subdivision, zoned R-S d. History of Previous Actions: In 2003, the City approved an annexation, preliminary plat and a conditional use permit for a mixed use planned development on 104.77 acres called Parkstone Subdivision (AZ-02-033, PP-02-033 and CUP-02-049). Phases within Parkstone Subdivision have final platted with the name Champion Park. The subject 11.44 acres is part of the original Parkstone/Champion Park development. Two commercial lots and 1 mini- storage lot were originally planned for this area. Champion Park Addition Subdivision RZ-OS-021/PP-OS-061/MCU-OS-004/MI-OS-015 PAGE 4 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEA~ DATE OF FEBRUARY 14, 2006 e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: Extension of mains in N. Leslie Way. Location of water: Extension of mains in N. Leslie Way. Issues or concerns: None. 2. Vegetation: There are no existing trees on this property that need to be mitigated for. 3. Floodplain: N/A 4. Canals/Ditches Irrigation: There are no open canals or ditches that cross the subject site; the ditches have previously been piped. 5. Hazards: Staff is not aware of any hazards associated with this property. 6. Proposed and Existing Zoning: R-8 (Medium-Density Residential)(9.55 acres); C-G (General Retail and Service Commercial)(0.94 acres) and C-N (Neighborhood Business)(0.95 acres). 7. Size of Property: 11.44 acres f. Subdivision Plat Information: 1. Residential Lots: 48 2. Non-residential Lots: 2 3. Total Building Lots: 4. Common Lots: 4 5. Other Lots: 0 6. Total Lots: 54 7. Gross Density: g. Landscaping 50 4.77 units per acre (net 6.11 d.u./acre) 1. Width of street buffer(s): A 25-foot wide street buffer is required along Ustick Road, an arterial street (iJDC 11-2B-3). A 10-foot wide street buffer is required along Leslie Way (UDC 11-2B-3). Street buffers are not required adjacent to the other, internal streets. 2. Width of buffer(s) between land uses: A 20-foot wide land use buffer is required between C-N zoned properties and residential uses (UDC 11-2B-3). The applicant is proposing to construct a 20-foot wide landscape buffer between proposed C-N zoned lot and the residential lots to the north. 3. Percentage of site as open space: For the entire Champion Park/Parkstone development over 11 % of the site is being set aside for open space. 0.29 acres/2.5% (including street buffers) and 0.57 acres/0.49% (excluding street buffers) of the subject 11.44 acres is being set aside for open space. 4. Other landscaping standards: Landscaping adjacent to micro-paths should comply with UDC 11-3B-12. h. Amenities: City park that includes bathrooms, a tot lot, a parking lot, micro-paths, useable open Champion Park Addition Subdivision RZ-OS-021/PP-OS-061/MCU-OS-004/MI-OS-015 PAGE 5 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE HEARI~ATE OF FEBRUARY 14, 2006 space. i. Off-Street Parking: UDC 11-3C-6.A requires single-family detached dwellings to have a 2 enclosed parking spaces (a garage) and a 20' x 20' parking pad in front of each garage. In all commercial districts, UDC 11-3C-6.B requires one off-street vehicle parking space for every 500 square feet of gross floor area. j. Proposed and Required Residential Standards: R-8 Setbacks (in feet) Proposed Required Front Living Area (to sidewakc) 15 15 Side Accessed Garage (to sidewalk) 15 15 Front Accessed Garage (to sidewalk) 20 20 Side 4 4 Rear 12 12 Frontage (garage facing street) 50 50 Frontage (alley loaded garage) N/A 40 Lot Size (garage facing street) 5,000 5,000 Lot Size (alley loaded garage) N/A 4,000 k. Proposed and Required Non-Residential: C-N Setbacks (in feet) Proposed Required Front 20 20 Interior Side 0 0 Rear 25 25 Maximum Building Height 35 35 C-G Setbacks (in feet) Proposed Required Front 0 0 Interior Side 0 0 Rear 0 0 Maximum Building Height 65 65 1. Summary of Proposed Streets and/or Access: Leslie Way currently exists adjacent to the site's western boundary and intersects Ustick Road. The applicant is not proposing any new accesses to Ustick Road. Direct lot access to Ustick Road for Lot 34, Block 1, should be prohibited. The internal streets are proposed as local streets with a 36-foot wide street section (measured back of curb to back of curb) with 5-foot wide attached sidewalks. Staff is Champion Park Addition Subdivision RZ-OS-021/PP-OS-061/MCU-OS-004/MI-OS-015 PAGE 6 CITY OF MERIDIAN PLANNi1VG DEPARTMENT STAFF REPORT FOR THE HEARI~ATE OF FEBRUARY 14, 2006 supportive of the proposed street system. As of the print deadline for this report, ACRD has not provided the City with detailed analysis and conditions for this project. Staff anticipates having ACHD's site specific conditions prior to the City Council hearing and will incorporate those conditions into Exhibit B prior to sending the City Council report to print. 7. COMMENTS MEETING On December 16, 2005, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain between three and eight dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 48 single-family lots for a gross density of 4.77 dwelling units/acre. NOTE -The 1.89 acres proposed for commercial zoning was previously approved by the City as a use exception to CUP-02-049. In discussions with the applicant, staff requested that the applicant submit an application to rezone the subject commercial areas, to match the previously approved commercial land use designation. The proposed commercial area is adjacent to land designated "Mixed Use - Regional" on the Future Land Use Map that is already zoned C-G. Although the proposed zoning map amendment does not explicitly comply with the current Future Land Use Map, staff believes that the Map is a guide and the subject area also meets the intent of the Mixed -Use designation and is eligible for a commercial zone. For these reasons, staff is recommending that this area. be zoned commercial. Further, at the North Meridian Area Comprehensive Plan Map Amendment hearing on January 17, 2006, staff will be asking the Council to amend the Future Land Use Map to reflect the commercial zoning/uses of these properties. Chapter VI, Goal II, Objective A, Action 3 -Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land-use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications comply with the policies listed in the literature noted above. Chapter VI, Goal II, Objective A, Action 6 -Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The applicant is proposing a loop street system within this phase of the development. Two new street connections to the existing Leslie Way are proposed. The properties to the east are anticipated to contain commercial businesses. Staff believes that a public street connection to the east should not be required. However, to enhance pedestrian connectivity in the area, staff is supportive of the proposed pedestrian connection to the property to the west. Chapter VI, Goal II, Objective A, Action 13 -Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. Champion Park Addition Subdivision RZ-OS-021/PP-OS-061/MCU-OS-004/MI-OS-015 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAR)~DATE OF FEBRUARY 14, 2006 See analysis above. Chapter VI, Goal II, Objective A, Action 5 -Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The applicant is proposing to construct S foot wide attached sidewalks adjacent to the internal streets. The applicant is also proposing to construct a micro path to the future commercial area to the east. Chapter VII, Goal IV, Objective C, Action 6 -Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. See analysis above. Chapter VII, Goal I, Objective D, Action 9 -Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. Prior to house construction, fencing should be constructed around the perimeter of this site. Chapter VII, Goal IV, Objective D, Action 2 -Restrict curb cuts and access points on collectors and arterial streets. No access to Ustick Road is being proposed; direct lot access to Ustick Road should be prohibited. 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 20 foot wide land use buffer between the proposed C-N zoned lot and the existing R-8 zoned property to the north. One of the properties to the west is currently zoned C-G (Blue Marlin). When the commercial property(ies) to the east develop, the City should require a land use buffer be constructed on that site to protect the subject residential lots from the commercial use(s). If land use buffers are constructed in accordance with the UDC, staff finds that the proposed residential and commercial uses should be compatible with each other. Staff believes that the proposed density and zoning for this property is appropriate. 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 zoning and development request is appropriate for this property. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: Meridian City Code 11-2-A-21ists single-family attached and detached homes as permitted uses in the R-8 zoning district. Please see Meridian City Code 11-2B-2 for a list of permitted, conditional and prohibited uses in the C-N and C-G zones. b. Purpose Statement of Zones: R-8 Medium-Density Residential: The purpose of the residential districts is to provide for Champion Park Addirion Subdivision RZ-OS-021/PP-OS-061/MCU-OS-004/MI-OS-015 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN(~i DATE OF FEBRUARY 14, 2006 a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. C-N and C-G: The purpose of the Commercial District is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. General Standards: All of the proposed lots comply with the standard lot size and street frontage requirements of the R-8, C-N and C-G zones established in the UDC. No dimensional modifications are being requested for the proposed development. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: RZ Application: Based on the previous approval of CUP-02-049, which allowed two commercial lots in this area as a use exception to the Parkstone/Champion Park development, staff believes that the requested C-N and C-G zones are appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings for the rezone. The rezone legal descriptions submitted with the application (stamped on October 28, 2005 by D. Terry Peugh, PLS) shows the properties are within the existing corporate boundary of the City of Meridian. 2. MI Application: UDC 11-5B-3.D.2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Hillview Development Corporation, the current owner and developer, has previously entered into a development agreement with the City and is requesting that certain sections of said recorded development agreement be modified to reflect the proposal to construct additional residences rather than amini-storage facility. The development agreement for this property was record on May 23, 2003 as Instrument No. 10385229. Staff recommends that the Commission and Council direct the City's Legal Department to draft modifications to the recorded development agreement for Parkstone Subdivision as follows: • Page 4, Item 41 - "Construction and development for a Planned Development consisting of ~5 299 single-family detached building lots, ~ 76 townhouse/patio home lots, 4 office lots, 2 commercial lots, 1 mini-storage lot, 1 pocket park, 1 City "Neighborhood" Park, and 32 common lots.n • Pages 5-9, Item B -Add the Ada County Highway District's conditions for this phase of the development to this section. Champion Park Addition Subdivision RZ-OS-021/PP-OS-061/MCU-OS-004/MI-OS-015 PAGE 9 CITY OF MERIDIAN PLANKING DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 14, 2006 • Page 12, Item G -Add the new case numbers for the subject Conditional Use Permit (MCU-05-004), Preliminary Plat (PP-05- 061)and Miscellaneous application (MI-05-015) to this section. ..... ...r .r....,..... ... .,.... .. . ....~...........~ ... .... ...~_., _, .._... _.. . ._ __ s , .end Co ~ r~iino (~nmmo n.i.~ , l /~_!~\ i , cy nn ~ hinhly vi~ihle ~4~ee+ ~ nrl fn n r~~ ~i fi ~t ~-e ~ ~~e ~ nn I n4 '2 /I n rl n4r s imenF~l 4 ~Q ~ , s s f Prior to the rezone ordinance approval, a modification to the recorded Development Agreement (Instrument No. 103085229) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. 3. PP Application: The proposed preliminary plat substantially complies with the Zoning Ordinance. Special Considerations: Landscaping The landscape plan prepared by Harvest Design, P.C., on 11-10-05, labeled Sheet LS-1 is approved with the following modifications/notes: • Provide landscape buffers along Ustick Road, Nakano Drive (adjacent to lots in Champion Park Subdivision #3) and Leslie Way as depicted. The landscape buffers along the streets shall be designed in accordance with UDC 11-3B-7. • Provide a 20-foot wide landscape buffer (and easement) along the north side of Lot 33, Block 1, to buffer the adjacent residential use. Materials within said buffer should comply with UDC 11-3B-9. • Provide landscaping in compliance with UDC 11-3B-12, adjacent to the micro-path in Lot 26, Block 1. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Access: The applicant is proposing to take access to this property from Leslie Way, an existing street. No access to Ustick Road is proposed. Direct lot access to Ustick Road should be prohibited via a note on the face of the final plat(s). See Exhibit B below. Champion Park Addition Subdivision RZ-OS-021/PP-OS-061/MCU-OS-004/MI-OS-015 PAGE 10 CITY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE HEAIDATE OF FEBRUARY 14, 2006 House Orientation: Staff has concerns about the orientation of the houses on Lots 8, 9, and 14, Block 2. Generally, when reviewing the layout of a plat, staff likes for like yards to match (e.g. -side yard of one lot to abut the side yard of another.) With the configuration of the short cul-de-sacs in Block 2, staff recommends that the front of these lots be restricted. The house on Lot 8, Block 2, should be oriented to the south, to match the yards of Lots 7 and 9. The house on Lot 9, Block 2, should be oriented to the north, to match the yards of Lots 8 and 10. Because of the size and configuration of Lot 14, Block 2, the house shall be oriented to the east. The applicant should designate the orientation of these lots on the face of the final plat. See Exhibit B below. Fencing: The applicant has not proposed any fencing with this development. A detailed fencing plan should be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro-path fencing shall be designed according to UDC 11-3A-7. See Exhibit B below. Micro-baths: The micro-path in Lot 26, Block 1, shall be constructed in accordance with UDC 11-3A-8 (construction) and UDC 11-3B (landscaping). Common Areas: Maintenance of all common areas shall be the responsibility of the Champion Park Home Owners' Association. Pressure Irri atg ion: 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. 4. MCU Application: Staff believes that the proposed Conditional Use Permit Modification substantially complies with the Zoning Ordinance and will not have and adverse impact on the use on other property. Please see Exhibit D for detailed analysis of the required facts and findings for the Conditional Use Permit. Special Considerations: Site Plan: The applicant did not submit a site plan showing how the subject 11.44 acres fit in with the overall 105 acres of the development. Staff recommends that the applicant provide staff with 10 full size copies and one 8.5" x 11" copy of a revised site plan that shows the entire Parkstone/Champion Park development, as proposed. Further, staff recommends that the applicant bring a copy of said revised site plan to the Planning & Zoning Commission hearing. b. Staff Recommendation: Staff recommends approval of the sub'ei ct applications RZ-OS- 021, PP-OS-061, MCU-OS-004 and MI-OS-015, with the conditions listed in Exhibit B of the Staff Report for the hearing date of Januar~5, 2006. Champion Park Addition Subdivision RZ-OS-021/PP-OS-061/MCU-OS-004/MI-OS-015 PAGE 1 I CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR THE HE~ATE OF FEBRUARY 14, 2006 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: 9-29-OS) 2. Landscape Plan (dated: 11-10-OS) 3. Site Plan (dated: 1-4-06) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department C. Rezone Legal Descriptions D. Required Findings from Zoning Ordinance Champion Park Addition Subdivision RZ-OS-021/PP-OS-061/MCU-OS-004/MI-OS-015 PAGE 12 CTI'Y OF MERIDIAN PLANNl'la'G DEPARTMENT STAFF REPORT FOR THE HEARI~ATE OF FEBRUARY 14, 2006 A. Drawings 1. Preliminary Plat (dated: 9-29-OS) uzn me;~ '~,°s~~.~.e be wa.n,~a ai.+a ow'*xsa - .~, :..,...., ado .ws "'¢~.~~;,.'a atie:~ .x~° a• ,ar'r`.s .a. ~- u r~az~w xan~rt;s. mw waG+.w~.aun« •,.-,. mv..sa~*iw .u. q - a '~/)'(jjt9 Ltli: AtMiW.W9~Md ~ ~$. e If-C~~] I ~ ~ r~ W`IL+ a ~, t~ ....'i,~~~t~ liiQ1~FQ~~ & ~.~ ~ 1~A12 H~~*d Id®IdI~G ~D a <6 A _y 4 + S a 1~ ~?~ ig iv°F$ tl@~ lai ~~~ t ~9 g 9 ~ "° se ~~ 9~ ~~~ y I p~ '_$8 ~~i~~~~~~p~~~~ ~ ~ ~~ 1? ~~~~~~~~~~9~~ ~ oA~~ ,,; ~, ~~~~~~~-~l1l~ ~ ~ ~ e~ `~ ~. ,~;9>s~ ~ ~ 3 ; ~~~n 11 °fl, ~ 1 I ~ 3 ~' ~ ,1~ ~ ~ ~~ ~ _.a . _ ~~ Exhibit A -Page 1 CITY OF MERIDIAN PLANNI7QG DEPARTMENT STAFF REPORT FOR THE HEARI~ATE OF FEBRUARY 14, 2006 2. Landscape Plan (dated 11-10-OS) Exhibit A -Page 2 ~. ~- +°~ H tmstr7pa ~7 E ~ ~~ a ~~ FYJd'~?IC~$ +~ CTI'Y OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE HEARIATE OF FEBRUARY 14, 2006 3. Site Plan - (dated 1-4-06) CITY OF MERIDIAN PLANNIFIG DEPARTMENT STAFF REPORT FOR THE HEARI~DATE OF FEBRUARY 14, 2006 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT (PP-OS-061) 1.1.1 The preliminary plat labeled as PRE Sheet 1 of 1, prepared by Engineering Solutions, LLP, dated September 29, 2005 (revised 10-20-OS) is approved, with the conditions listed herein. All comments and conditions of the accompanying Rezone (RZ-OS-021) application, Miscellaneous (MI-OS-015) application, and Conditional Use Permit (MCU-OS-004) application shall also be considered conditions of the Preliminary Plat (PP-OS-061). 1.1.2 The landscape plan prepared by Harvest Design, P.C., on 11-10-05, labeled Sheet LS-lis approved with the following modifications/notes: • Provide landscape buffers along Ustick Road, Nakano Drive (adjacent to lots in Champion Park Subdivision #3) and Leslie Way as depicted. The landscape buffers along the streets shall be designed in accordance with UDC 11-3B-7. • Provide a 20-foot wide landscape buffer (and easement) along the north side of Lot 33, Block 1, to buffer the adjacent residential use. Materials within said buffer shall comply with UDC 11-3B-9. • Provide landscaping in compliance with UDC 11-3B-12, adjacent to the micro-path in Lot 26, Block 1. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). 1.1.3 The future house on Lot 8, Block 2, shall be oriented to the south, to match the yards of Lots 7 and 9. The future house on Lot 9, Block 2, shall be oriented to the north, to match the yards of Lots 8 and 10. Because of the size and configuration of Lot 14, Block 2, the future house shall be oriented to the east. The applicant shall designate the orientation of these lots on the face of the fmal plat. 1.1.4 '~ rr' ~ * '' ~ '' '` '*~ ~'~' '' The apAlicant has volunteered to construct a 6-foot tall vinyl fence along the east property line A detailed fencing plan should be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro-path fencing shall be designed according to UDC 11-3A-7. 1.1.5 The micro-path in Lot 26, Block 1, shall be constructed in accordance with UDC 11-3A-8 (construction) and UDC 11-3B (landscaping). 1.1.6 Maintenance of all common areas shall be the responsibility of the Champion Park Home Owners' Association. Exhibit B -Page 1 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE HEATS OF FEBRUARY 14, 2006 1.1.7 Place a note on the face of the final plat(s), stating that direct lot access to Ustick Road is prohibited. 1.1.8 Underground, pressurized irrigation must be provided to all lots within this development. 1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT (PP-OS-061) 1.2.1 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application(s). 1.2.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.3 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 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 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACFID, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2.5 Staff's failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 1.3 SITE SPECIFIC REQUIREMENTS -CONDITIONAL USE PERMIT (MCU-OS-004) P*'~cicvirii~l3rs:«31-liAi~ Par1G ~~.ve~l~axam. + oa ~..,.Fl. al. 1' a t tt i---'- r ~ Y , a ..~40 «~ « 4 4l. Dt aaar'3gcpc'-aoiaagvvaaacooxoa acima~- 1.3.2 All comments and conditions of the accompanying Rezone (RZ-OS-021) application, Miscellaneous (MI-OS-015) application and Preliminary Plat (PP-OS-061) application shall also be considered conditions of the Conditional Use Permit (MCU-OS-004). 1.3.3 All future use(s) on Lot 34, Block 1, shall obtain Conditional Use Permit approval prior to construction and operation. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via of mains in N. Leslie Way that were installed with a previous phase of Champions Park. The applicant shall install all mains Exhibit B -Page 2 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAR~DATE OF FEBRUARY 14, 2006 necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub- grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in Champions Park Subdivision. The applicant shall be responsible to install all water mains necessary to serve this development, coordinate main size and routing with Public Works. 2.3 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 evidence of a license agreement shall be submitted prior to scheduling of apre-construction meeting. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3B6). 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 All existing structures that do not meet setback requirements or zoning ordinance shall be removed prior to signature on the final plat by the City Engineer. 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. 2.7 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. 2.8 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. 2.9 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. 2.10 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. 2.11 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. 2.12 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe 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 3 CITY OF MERIDIAN PLA1~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 14, 2006 2.14 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.15 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. 2.16 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. 2.17 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. Fire Department 3.1 One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 3.5 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. 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 face of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. Exhibit B -Page 4 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 14, 2006 3.8 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. 3.9 The proposed 48-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 139 residents at build out. 3.10 Maintain a separation of 5' from the building to the dumpster enclosure for the commercial buildings. 3.11 Provide a Knox box entry system for the complex prior to occupancy. 3.12 The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please contact Vicki Heugly at 898-5500 to address this concern prior to the public hearing. 3.13 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.14 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. 3.15 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). • For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). • For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. Police Department 4.1 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 5. Parks Department 5.1 No comments. 6. Sanitary Service Company 6.1 SSC has no comments related to this application. 7. Ada County Highway District 7.1 Dedicate a total of 48-feet ofright-of--way from the centerline of Ustick Road abutting the parcel. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to Exhibit B -Page 5 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR THE HEAR~DATE OF FEBRUARY 14, 2006 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 owner will be paid the fair market value of the right-of--way dedicated which is an addition to existing ACRD right-of--way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACRD Ordinance in effect at that time (currently Ordinance #200), if funds are available. 7.2 Construct a 5-foot concrete sidewalk located a minimum of 41-feet from the centerline of Ustick Road. 7.3 Construct the internal streets as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks within 50-feet ofright-of--way, as proposed. 7.4 Construct two cul-de-sac turnarounds without center islands within the subdivision, as proposed. Construct the turnarounds to provide a minimum turning radius of 45-feet. 7.5 Construct one knuckle without a center island, as proposed. 7.6 Construct a 30-foot wide shared curb return type driveway that intersects Leslie Drive approximately 140-feet north of Ustick Road to serve Lot 33 and Lot 34 of Block 1, as proposed. Pave the driveway its full width and at least 30-feet into the site beyond the edge of Leslie Drive. 7.7 Place a note on the final plat stating that direct lot access is prohibited on Ustick Road. 7.8 Comply with all Standard Conditions of Approval. 8. Central District Health Department 8.1 After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito breeding problem. 8.4 It is recommended that storm water bepre-treated prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Exhibit B -Page 6 CITY OF MERIDIAN PLANN~G DEPARTMENT STAFF REPORT FOR THE HEAR~DATE OF FEBRUARY 14, 2006 C. Rezone Legal Desct7ptions ~' pD~4H0 tam r~~cvvt sr. SURVEY ~5° M~rdr~,, ~ e~~z Gl~QUP t~„g ~QBs e4~s~o - - - - - fax t~9 ttti~s3'~- Nraposed tb'N ?one - - Proposed Champion Parr; Additfmn A parr~l of land being a portion of the SE '/ of Section 32, Township 4 AbrLI~, Range 1 F.esl, B1V1., lt~leridian, Ada Counly,ldalio, more particularly descnihed as fcillows: Commencing at the i. r„A~ Common ~ the said Section 32 and Section 5, Township 3 North, ISange 1 B,NI., tiatn which tine SW comet ofsaid Section 32 bears Alorth $9°43' 17" East, 2.655.40 .feet; t~tce along the ssyufh line of fire SE'la of said Section 32 North 89°4#'04" ~Si, l 124.23 feet, theme A'orth 00°15'56" Wit:, 200.65 feet to the IDEAL P~IIVT (}F BEtiI19NlNG. Thence continuing North tltl°15'S6" West, 56.25 feet to a poim of wrveiure; Thanes 41.48 feet along the arc of a enn+e to the left, said curve having a radius of 300.00 feet, a dells eagle of 07°S5"22", and a long chord bearing North 04° 13'3$" Wept, 41.45 Peet to a point of tangency; Thence Narlh 08°11'19" West, $2.77 feel to a po;at of+~arvatare; Theses 7.07 feet along the arc of a cuuve to the left, said curve having a radIas of i 66.00 feet, a delta. angle of 0Z°26'20", and a Tong chord bearing. North 09°24'28" West„ 7,07 feet; Thence North 74°15' 19" East, 61.88 feet to a point of curvature; Thence 22.16 feet along the arc of a clove to the left, mid emus having a radios of 50.00 feet, a delta angle of 24° 24'36'', and a long chord hearing North 62°0$'01" East, 21.0 feet; Thence South 39°59'17°' Fast. 25.00 feet; Thence North l;9°5$'2$" ~ 126.$3 feet Da a point on the East line of said SE 1!4 Thence along said line Soatb 00°01'32" East, 193.99 feet: 'Thence South 90°00'00" Weat, 204.$4 feet to the P0I297' OF BEGI1VIilING Containing 0.95 acres, more or less. ~-g.~--~- X431 ~. ~~~~ 5a914154?914-cn.doc ~`e'~~a:,si~areal a_and ~~cvepsas'~ ~- Exhibit C -Page 1 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 14, 2006 ~} I~A~~ 1450 EascVbatestower Sc SUR~/EY Sucre I50 6"lerictmn, Pdaho 83542 GROUR 1 Phosae (2DBl 84b-8570 - - - -- . - Fax (3013) 884-5399 ~}cto}aer 2y3, 2tlOS Proposed CG Zone Proposed C'hamploo Park, A~ddli~na A parcel of land being a partioa of the SE'f, of Section 32, Township 4 North, Range 1 Ea.9t, B.M_, lVgesidian, Ada Couuty, Idaho, more particularly descrih~ es falPows: Ca~Cncing at lhe'/e comer cammtoa Ya the said S~'rva 32 and Section 5, Tov~nship 3 Nartlt, Range 1 East, B.li+l., Gram wrT~ich the SViI eoraer of said Section 32 bears North 89®43' 17" 2655.40 feet; thence along the ~~ line of tl~e SE'J. of said Section 32 Notch 89°44'04" Easy, l 224.23 feet to the ~A,I, POtN1' OF.BEU'INMNO. Thence North 00°15'56" ViTe~ 24~i.68 feed Thence North 90'00'00" East, 204.$4 feet io a point an tbo Fast lice of said SE 1/4; Thence along said line South 00°01'32" East, 199.73 feet to the East 1 /16 warner cnrnman to Section S and the said Section 32, Thence slang the saath line of the SE ; ofsaid 5ectian 32, South 89°44'04" West, 204.00 fcet tg the POIIV7' UF° BEGINNllYG. Containing 0.94 acres, mare or less. ] 41SO414-cg.doc F't°s~~~<;r;rea9 ~~aoos~ ;~~°rrv~w~r Exhibit C -Page 2 CTI'Y OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE HEATS OF FEBRUARY 14, 2006 Exhibit C -Page 3 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE HEATE OF FEBRUARY 14, 2006 D. Required Findings from Zoning Ordinance 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone 0.95 acres to C-N and 0.94 acres to C-G. These areas were previously approved by the City for commercial use as a use exception with CUP- 02-049. Although the proposed zoning map amendment does not comply with the current Future Land Use Map, the Council finds that this area be zoned commercial to reflect the previous use exception approval. Further, at the North Meridian Area Comprehensive Plan Amendment hearing on January 17, 2006, staff will be asking the Council to amend the Future Land Use Map to reflect the commercial designations of these properties. The Council finds that the proposed map amendment will comply with all other applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council fords that there are several uses that are allowed and conditionally allowed within the requested zoning districts of C-N and C-G. If the applicant complies with the conditions outlined in the modified development agreement, the modified conditional use permit and the proposed preliminary plat, the Council fords that the proposed commercial lots/districts will be in compliance with the regulations outlined in each specific district. The accompanying plat, conditional use permit and proposed development agreement modifications, demonstrate that the land will be developed with lot sizes, uses and other dimensional requirements that conform to the proposed zoning designations. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council fords that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council fords that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (UDC 11-SB-3.E). The C-N and C-G zoning amendments will provide commercial lots that are similar in nature to existing and proposed commercial development in the vicinity. The Council fords that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Exhibit D -Page 1 CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR THE HEAR~ATE OF FEBRUARY 14, 2006 Comprehensive Plan. In accordance with the findings listed above, the Council fords that Re-zoning of this nronerty to C-N and C-G would be in the best interest of the City_ 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan, and the land use designation change proposed for this property with the North Meridian Area Comprehensive Plan Amendment. The Counccl supports the proposed plat layout and proposed density as they comply with the provisions of the Comprehensive Plan and the UDC. 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 Council fords that public services are available to accommodate the proposed development. (See fording Items 3 and 4 above under Rezone Findings for more details.) 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 cost, the Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Council fords that supporting services are available to support the proposed development. The Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. (See fording "Items 3 and 4 above under Annexation Findings above, and the Agency Comments and Conditions in Exhibit B for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and The Council is not aware of any health, safety or environmental problems 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. 6. The development preserves significant natural, scenic or historic features. The Council is unaware of any natural, scenic or historic features on this site. Therefore, the Council fords that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Exhibit D -Page 2 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE HEATE OF FEBRUARY 14, 2006 2. CUP Findings: The Commission shall base its determination on the Conditional Use Permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Council fmds that the site is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the UDC. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Council finds that the proposal meets the objectives of the Comprehensive Plan as listed in Section 8 of this report. See Rezone Findings #1 and 2 above. 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 Council fmds that the design, construction, operation and maintenance of the single- family attached and detached uses will be compatible with other uses in the general neighborhood and with the existing and intended character of the vicinity as to not adversely change the character of the area. Specific uses are not proposed within the C-N and C-G lots at this time. The applicant is constructing a 20-foot wide land use buffer between the C-N zoned lot and the residentially zoned lots to the north, staff fmds that the future operation of a commercial business on this lot should be compatible with the neighborhood (provided the applicant complies with all UDC provisions.) Because the proposed C-G zoned lot is a general retail and service commercial lot that is on a highly visible intersection, the Council is requiring that any and all future use(s) on the two commercial lots be required to obtain CUP approval prior to construction and operation. Future building heights, parking layouts, landscape buffer widths and other dimensional standards will be analyzed with future applications to ensure compliance with the UDC. 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 Council fmds that the proposed development will not adversely affect other property in the vicinity if the applicant complies with all Preliminary Plat, Development Agreement and CUP conditions and constructs all improvements and operates the use in accordance with the UDC standards. 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 Council finds that sanitary sewer, domestic water and irrigation are available to the subject property. Please refer to other comments prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Company and ACRD. 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. Exhibit D -Page 3 CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR THE HEAR~DATE OF FEBRUARY 14, 2006 The Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay highway impact fees. 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 Council fords that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. The Council does not believe that the amount of traffic or noise generated will be detrimental to the general welfare of the public. 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 Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. Exhibit D -Page 4 February 10, 2006 PP 05-0b 1 MERIDIAN CITY COUNCIL MEETING February 14, 2006 APPLICANT Hillview Development Corporation ITEM NO. 16 REQUEST Public Hearing -Request for Preliminary Plat approval of 48 single-family residential lots (24 detached lots and 24 attached IotsJ, 2 commercial lots and 4 common lots on 11.44 acres in the R$, C-G and C-N zones for Champion Park Addition 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 P8Z Item Pocket /Minutes See attached Recommendations / Flndings OTHER: See attached proof of posting Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings sha0 become property of the City of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~~~~ E~ ® ~0~6 ~~~&„~~ ~ Meridian ~C~r~rk ®ffi.ce ~~,~ ~~ h lf~.a~ia~a ,,}, ~.. .°49~„ ~`~:~' - In the Matter of Re-zoning 1.89 acres from R-8 to C-G (General Retail and Service Commercial)(0.94 acres) and C-N (Neighborhood Business)(0.95 acres) AND Preliminary Plat approval request for 48 single-family residential building lots (24 attached and 24 detached), 2 commercial lots and 4 common lots on 11.44 acres AND Conditional Use Permit approval to modify CUP-02-049 by removing the proposed mini-storage use and replacing that with attached and detached single-family dwellings AND Miscellaneous request to modify the recorded Development Agreement for Champion Park Subdivision (F.K.A. - Parkstone Subdivision), by Hillview Development Corporation. Case No(s).: RZ-05-021, PP-OS-061, MCU-05-004, and MI-05-015 For the City Council Hearing Date of: February 14, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 14, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 14, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 14, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 14, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-OS-021 / PP-OS-061 /MCU-OS-005 / MI-OS-015 -PAGE 1 of 5 • 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, Site Plan, and the Conditions of Approval all in the attached Staff Report for the hearing date of February 14, 2006 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 September 29, 2005 is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated January 4, 2006 is hereby conditionally approved; and, The following modifications to site specific conditions were made at the City Council hearing: a. None. 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of February 14, 2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. 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, CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-OS-021 / PP-OS-061 / MCU-OS-005 / MI-OS-015 -PAGE 2 of 5 • and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditions use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-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. 2. 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 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-OS-021 / PP-OS-061 / MCU-OS-005 / MI-OS-015 -PAGE 3 of 5 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 February 14, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-OS-021 / PP-05-061 / MCU-OS-005 / MI-OS-015 -PAGE 4 of 5 • • By action of the City Council at its regular meeting held on the ~~~ day of 2006. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD DATED: ~ ~ < ~~ ~~ MOTION: VOTED__~~~ VOTED_ ~~~~~ VOTED_~ VOTED_ (%~~. VOTED ~~ APPROVED: C DISAPPROVED: de ATTEST: G. BERG, JR.,Q e~t~~o 6-.~i r.~ r p, 9 ~~~~ , ~Q ~ q ~P .~ Copy served upon: pplicant ~lanning Department ~ublic Works Department City Attorney By: f ~~ Dated: o~ ~~ Clerk s Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-OS-021 / PP-OS-061 / MCU-OS-005 / MI-OS-015 -PAGE 5 of 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAI• DATE OF FEBRUARY 14, 2006 STAFF REPORT Hearing Date: 2/14/2006 TO: Mayor and City Council FROM: C. Caleb Hood, Current Planning Manager Meridian Planning Department 208-884-5533 __- b, w ~, Iu.enta i~ ~~~~ ~. 4!'{R = L, ~@# SUBJECT: Champion Park Addition Subdivision RZ-OS-021 Rezone of 1.89 acres from R-8 to C-G (General Retail and Service Commercial)(0.94 acres) and C-N (Neighborhood Business)(0.95 acres). PP-OS-061 Preliminary Plat approval of 48 single-family residential building lots (24 attached and 24 detached), 2 commercial lots and 4 common lots on 11.44 acres. MCU-OS-004 Conditional Use Permit (CUP) approval to modify CUP-02-049 by removing the proposed mini-storage use and replacing that with attached and detached single-family dwellings. MI-OS-015 Miscellaneous request to modify the recorded Development Agreement for Champion Park Subdivision (F.K.A. - Parkstone Subdivision.) 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Hillview Development Corporation, has applied for Re-zoning of 1.89 acres from R-8 (Medium-Density Residential) to C-G (General Retail and Service Commercial) for 0.94 acres and C-N (Neighborhood Business) for 0.95 acres; Preliminary Plat and Conditional Use Permit approval of 48 single-family building lots, 2 commercial building lots, and 4 common lots on 11.44 acres; and a Miscellaneous request to modify the existing development agreement for this property. The site is located on the north side of Ustick Road, approximately 1,300 feet west of Eagle Road. This site is currently vacant. The site has not been previously final platted, but was a part of the original Champion Park (a.k.a - Parkstone) Subdivision. The subject property is within the Urban Service Planning Area and within the current city limits. 2. SUMMARY RECOMMENDATION The Meridian Planning and Zoning Commission heard the item on January 5, 2006. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Becky McKay (applicant's representative) ii. In opposition: Tom Davis iii. Commenting: Jonathan Seele iv. Staff presenting application: C. Caleb Hood v. Other staff commenting on application: Ted Baird b. Key Issues of Discussion by Commission: i. Land use buffer widths. ii. Requiring CUP's for uses on the 2 proposed commercially zoned lots. c. Key Commission Changes to Staff Recommendation: Champion Park Addirion Subdivision RZ-OS-021/PP-OS-061/MCU-OS-004/MI-OS-015 PAGE I CITY OF MERIDIAN PLA ~G DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14 200 6 i. Remove the 4~' bullet on Page 9 of the Staff Report which required only one of the two proposed commercial zones to obtain CUP approval in the future The Commission voted to require both commercial lots to obtain CUP approval as ii. At the January 5~' Commission hearing the applicant volunteered to construct a 6-foot tall vinyl fence along the east~roperty line The applicant also agreed to include a clause within the future purchase agreements with the properly owners of the lots within Champion Park Addition, making_potential buyers aware of the commercial zoning and future uses to the east. The fencing provision has been added to the Conditions of Approval Condition 1.1.41 in Exhibit B Staff supports the applicant's proposal to make future lot owners aware of the CentrePointe commercial development to the east but staff has not included a requirement for the applicant to include a disclosure statement in the future purchase and sale agreements. A condition of this nature would be impossible for staff to track and enforce. d. Outstanding Issue(s) for City Council: i. None. The subject applications (RZ, PP, MCU, and MI) were submitted to the Planning Department for concurrent review. Generally, the Planning & Zoning Commission is the final decision making body on a Conditional Use Permit. However, because the City Council is the final decision making body on the Rezone, Miscellaneous and Preliminary Plat applications, all of the subject applications are being combined into one staff report. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested applications. The Planning & Zoning Commission is recommending approval of the proposed Champion Park Addition Subdivision fIZ-OS-021 PP-OS-061 MCU-OS-004 and MI- OS-0151 with the conditions listed in Exhibit B of the Staff Report 3. PROPOSED MOTION (to be considered after the public hearing) Approve After considering all staff, applicant and public testimony, I move to approve File Numbers RZ- OS-021, PP-OS-061, MCU-OS-004 and MI-OS-015, as presented in staff report for the hearing date of February 14, 2006 with the following modifications: (Add any proposed modifications.) Deny After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-OS-021, PP-OS-061, MCU-OS-004 and MI-OS-015, as presented in the staff report for the hearing date of February 14, 2006 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.) Continue After considering all staff, applicant and public testimony, I move to continue File Numbers RZ-OS-021, PP-OS-061, MCU-OS-004 and MI-OS-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: North side of Ustick Road, approximately 1,300 feet west of Champion Park Addition Subdivision RZ-OS-021/PP-OS-061/MCU-OS-004/MI-OS-015 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAIAI•DATE OF FEBRUARY 14, 2006 Eagle Road, at the northeast corner of Ustick Road and Leslie Way / 4N1E32 b. Owner: Hillview Development Corporation 150 E. Aikens Street, Ste. A Eagle, ID 83616 c. Applicant: Hillview Development Corporation 150 E. Aikens Street, Ste. A Eagle, ID 83616 d. Representative: Becky McKay, Engineering Solutions, LLP e. Present Zoning: R-8 f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: The applicant is requesting approval of a 54-lot development that includes 48 single-family buildable lots, 2 commercial lots and 4 common lots on property that was originally approved by the City for mini-storage units and commercial businesses. The applicant is proposing to modify the original approvals and overall site plan by changing this phase of the development from commercial mini-storage to primarily residential. The applicant is proposing an even mix of single-family attached and detached lots in this amended phase of the development. All of the proposed residential lots conform to the dimensional standards of the R-8 zone. The average lot size in the proposed development is 6,887 square feet. The gross density of Champion Park Addition is 4.77 dwelling units per acre. Less than 2% of the area being developed in this phase is being set aside for open space. However, 11 % of the total Champion Park development is being set aside for open space. 1. Date of preliminary plat (attached as Exhibit A): 9/29/05 (Revised 10-20-OS) 2. Date of landscape plan (attached as Exhibit A): 11/10/OS h. Applicant's Statement/Justification: The proposed Champion Park Addition is currently zoned R-8 and was approved as a planned development that included attached and detached single- family housing, four office lots, two commercial lots, and one mini-storage lot. The portion of the project formerly proposed as amini-storage lot is now being proposed as Champion Park Addition, with 24 single-family detached lots and 24 single-family attached lots. We are concurrently submitting a request for preliminary plat, rezone of the two commercial lots to C- Gand C-N as requested by staff, and a modification of the development agreement and conditional use permit. No variances are being requested for this project. Rezone to C-N is requested fora 0.95 acre lot and rezone to C-G is being requested fora 0.94 acre lot, as requested and approved in the original development agreement for the overall project. The remaining 7.57 acres will remain zoned R-8 and be platted as a residential development. As the property to the east is designated Mixed Use-Regional, no buffer is proposed adjacent to the commercial lots. We ask that the Findings of Fact and Conclusions of Law and Orders for the previous approval be amended as necessary to reflect the above changes (please see Applicant's Submittal Letter.) Champion Park Addition Subdivision RZ-OS-021/PP-OS-061/MCU-OS-004/MI-OS-015 PAGE 3 CITY OF MERIDIAN PLA ~G DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14, 2006 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 6, a public hearing is required before the City Council on this matter. c. The subject application will in fact constitute a conditional use permit 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. Miscellaneous applications are not currently addressed in Title 11 of the Meridian City Code. It has been determined by the City's Legal Department that a miscellaneous application to amend a recorded development agreement will in fact require a public hearing before the City Council. e. Newspaper notifications published on: December 19, 2005 and January 2, 2006 (for P & Z Commission hearing) and January 23 and February 6, 2006 (for City Council hearing.) f. Radius notices mailed to properties within 300 feet on: December 19, 2005 (for P & Z Commission hearing) and January 20, 2006 (for City Council hearing.) g. Applicant posted notice on site by: December 26, 2005 (for P & Z Commission hearing) and February 3, 2006 (for City Council hearing.) 6. LAND USE a. Existing Land Use(s): The subject property is currently vacant. b. Description of Character of Surrounding Area: The property to the north has been platted as a residential phase of Champion Park. To the west, across Leslie Way, are future office lots and a City Park in Champion Park. To the east are C-G zoned properties (Blue Marlin/future Kohl's site) and a 5-acre parcel currently zoned RUT in Ada County. To the south, across Ustick Road, is Carol Subdivision. Carol Subdivision consists of 1-acre parcels. Some of the lots in Carol Subdivision are zoned R-2 in Meridian, some are zoned Rl in Ada County. This area is rapidly transitioning from rural to urban. c. Adjacent Land Use and Zoning: 1. North: Single-family residential, Champion Park Subdivision, zoned R-8 2. East: Currently vacant, future commercial development, zoned C-G; existing Ada County residence on 5-acres, has applied for annexation to C-G 3. South: Rural residential, Carol Subdivision, zoned Rl (Ada County) and R-2 (City) 4. West: City Park and future office lots in Champion Park Subdivision, zoned R-8 d. History of Previous Actions: In 2003, the City approved an annexation, preliminary plat and a conditional use permit for a mixed use planned development on 104.77 acres called Parkstone Subdivision (AZ-02-033, PP-02-033 and CUP-02-049). Phases within Parkstone Subdivision have final platted with the name Champion Park. The subject 11.44 acres is part of the original Parkstone/Champion Park development. Two commercial lots and 1 mini- storage lot were originally planned for this area. Champion Park Addifion Subdivision RZ-OS-021/PP-OS-061/MCU-OS-004/MI-OS-015 PAGE 4 CITY OF MERIDIAN PLA• G DEPARTMENT STAFF REPORT FOR THE HEA~ DATE OF FEBRUARY 14, 2006 e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: Extension of mains in N. Leslie Way. Location of water: Extension of mains in N. Leslie Way. Issues or concerns: None. 2. Vegetation: There are no existing trees on this properly that need to be mitigated for. 3. Floodplain: N/A 4. Canals/Ditches Irrigation: There are no open canals or ditches that cross the subject site; the ditches have previously been piped. 5. Hazards: Staff is not aware of any hazards associated with this property. 6. Proposed and Existing Zoning: R-8 (Medium-Density Residential)(9.55 acres); C-G (General Retail and Service Commercial)(0.94 acres) and C-N (Neighborhood Business)(0.95 acres). 7. Size of Property: 11.44 acres f. Subdivision Plat Information: 1. Residential Lots: 48 2. Non-residential Lots 3. Total Building Lots: 4. Common Lots: 4 5. Other Lots: 0 6. Total Lots: 54 7. Gross Density: g. Landscaping 2 50 4.77 units per acre (net 6.11 d.u./acre) 1. Width of street buffer(s): A 25-foot wide street buffer is required along Ustick Road, an arterial street (UDC 11-2B-3). A 10-foot wide street buffer is required along Leslie Way (iIDC 11-2B-3). Street buffers are not required adjacent to the other, internal streets. 2. Width of buffer(s) between land uses: A 20-foot wide land use buffer is required between C-N zoned properties and residential uses (UDC 11-2B-3). The applicant is proposing to construct a 20-foot wide landscape buffer between proposed C-N zoned lot and the residential lots to the north. 3. Percentage of site as open space: For the entire Champion Park/Parkstone development over 11 % of the site is being set aside for open space. 0.29 acres/2.5% (including street buffers) and 0.57 acres/0.49% (excluding street buffers) of the subject 11.44 acres is being set aside for open space. 4. Other landscaping standards: Landscaping adjacent to micro-paths should comply with UDC 11-3B-12. h. Amenities: City park that includes bathrooms, a tot lot, a parking lot, micro-paths, useable open Champion Park Addition Subdivision RZ-OS-021/PP-OS-061/MCU-OS-004/MI-OS-015 PAGE 5 CITY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE HEA~ DATE OF FEBRUARY 14, 2006 space. i. Off-Street Parking: UDC 11-3C-6.A requires single-family detached dwellings to have a 2 enclosed parking spaces (a garage) and a 20' x 20' parking pad in front of each garage. In all commercial districts, UDC 11-3C-6.B requires one off-street vehicle parking space for every 500 square feet of gross floor area. j. Proposed and Required Residential Standards: R-8 Setbacks (in feet) Proposed Required Front Living Area (to sidewalk) 15 15 Side Accessed Garage (to sidewalk) 15 15 Front Accessed Garage (to sidewalk) 20 20 Side 4 4 Rear 12 12 Frontage (garage facing street) 50 50 Frontage (alley loaded garage) N/A 40 Lot Size (garage facing street) 5,000 5,000 Lot Size (alley loaded garage) N/A 4,000 k. Proposed and Required Non-Residential: C-N Setbacks (in feet) Proposed Required Front 20 20 Interior Side 0 0 Rear 25 25 Maximum Building Height 35 35 C-G Setbacks (in feet) Proposed Required Front 0 0 Interior Side 0 0 Rear 0 0 Maximum Building Height 65 65 1. Summary of Proposed Streets and/or Access: Leslie Way currently exists adjacent to the site's western boundary and intersects Ustick Road. The applicant is not proposing any new accesses to Ustick Road. Direct lot access to Ustick Road for Lot 34, Block 1, should be prohibited. The internal streets are proposed as local streets with a 36-foot wide street section (measured back of curb to back of curb) with 5-foot wide attached sidewalks. Staff is Champion Park Addition Subdivision RZ-OS-021/PP-OS-061/MCU-OS-004/MI-OS-015 PAGE 6 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEA~ DATE OF FEBRUARY 14, 2006 supportive of the proposed street system. As of the print deadline for this report, ACRD has not provided the City with detailed analysis and conditions for this project. Staff anticipates having ACHD's site specific conditions prior to the City Council hearing and will incorporate those conditions into Exhibit B prior to sending the City Council report to print. 7. COMMENTS MEETING On December 16, 2005, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain between three and eight dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 48 single-family lots for a gross density of 4.77 dwelling units/acre. NOTE -The 1.89 acres proposed for commercial zoning was previously approved by the City as a use exception to CUP-02-049. In discussions with the applicant, staff requested that the applicant submit an application to rezone the subject commercial areas, to match the previously approved commercial land use designation. The proposed commercial area is adjacent to land designated "Mixed Use - Regional" on the Future Land Use Map that is already zoned C-G. Although the proposed zoning map amendment does not explicitly comply with the current Future Land Use Map, staff believes that the Map is a guide and the subject area also meets the intent of the Mixed -Use designation and is eligible for a commercial zone. For these reasons, staff is recommending that this area be zoned commercial. Further, at the North Meridian Area Comprehensive Plan Map Amendment hearing on January 17, 2006, staff will be asking the Council to amend the Future Land Use Map to reflect the commercial zoning/uses of these properties. Chapter VI, Goal II, Objective A, Action 3 -Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Wallcing in all land-use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications comply with the policies listed in the literature noted above. Chapter VI, Goal II, Objective A, Action 6 -Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The applicant is proposing a loop street system within this phase of the development. Two new street connections to the existing Leslie Way are proposed. The properties to the east are anticipated to contain commercial businesses. Staff believes that a public street connection to the east should not be required. However, to enhance pedestrian connectivity in the area, staff is supportive of the proposed pedestrian connection to the property to the west. Chapter VI, Goal II, Objective A, Action 13 -Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. Champion Park Addition Subdivision RZ-OS-021/PP-OS-061/MCU-OS-004/MI-OS-015 PAGE 7 CITY OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 14, 2006 See analysis above. Chapter VI, Goal II, Objective A, Action 5 -Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The applicant is proposing to construct S foot wide attached sidewalks adjacent to the internal streets. The applicant is also proposing to construct a micro path to the future commercial area to the east. Chapter VII, Goal IV, Objective C, Action 6 -Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. See analysis above. Chapter VII, Goal I, Objective D, Action 9 -Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. Prior to house construction, fencing should be constructed around the perimeter of this site. Chapter VII, Goal IV, Objective D, Action 2 -Restrict curb cuts and access points on collectors and arterial streets. No access to Ustick Road is being proposed; direct lot access to Ustick Road should be prohibited. 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 20 foot wide land use buffer between the proposed C-N zoned lot and the existing R-8 zoned property to the north. One of the properties to the west is currently zoned C-G (Blue Marlin). When the commercial property(ies) to the east develop, the City should require a land use buffer be constructed on that site to protect the subject residential lots from the commercial use(s). If land use buffers are constructed in accordance with the UDC, staff finds that the proposed residential and commercial uses should be compatible with each other. Staff believes that the proposed density and zoning for this property is appropriate. 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 zoning and development request is appropriate for this property. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: Meridian City Code 11-2-A-21ists single-family attached and detached homes as permitted uses in the R-8 zoning district. Please see Meridian City Code 11-2B-2 for a list of permitted, conditional and prohibited uses in the C-N and C-G zones. b. Purpose Statement of Zones: R-8 Medium-Density Residential: The purpose of the residential districts is to provide for Champion Park Addition Subdivision RZ-OS-O21/PP-OS-061/MCU-OS-004/MI-OS-015 PAGE 8 CTI'Y OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 14, 2006 a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. C-N and C-G: The purpose of the Commercial District is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. c. General Standards: All of the proposed lots comply with the standard lot size and street frontage requirements of the R-8, C-N and C-G zones established in the UDC. No dimensional modifications are being requested for the proposed development. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: RZ Application: Based on the previous approval of CUP-02-049, which allowed two commercial lots in this area as a use exception to the Parkstone/Champion Park development, staff believes that the requested C-N and C-G zones are appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and fmdings for the rezone. The rezone legal descriptions submitted with the application (stamped on October 28, 2005 by D. Terry Peugh, PLS) shows the properties are within the existing corporate boundary of the City of Meridian. 2. MI Application: UDC 11-5B-3.D.2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Hillview Development Corporation, the current owner and developer, has previously entered into a development agreement with the City and is requesting that certain sections of said recorded development agreement be modified to reflect the proposal to construct additional residences rather than amini-storage facility. The development agreement for this property was record on May 23, 2003 as Instrument No. 10385229. Staff recommends that the Commission and Council direct the City's Legal Department to draft modifications to the recorded development agreement for Parkstone Subdivision as follows: • Page 4, Item 41 - "Construction and development for a Planned Development consisting of ~5 299 single-family detached building lots, 5~ 76 townhouse/patio home lots, 4 office lots, 2 commercial lots, 1 mini-storage lot, 1 pocket park, 1 City Neighborhood" Park, and 32 common lots." Pages 5-9, Item B -Add the Ada County Highway District's conditions for this phase of the development to this section. Champion Park Addition Subdivision RZ-OS-021/PP-OS-061/MCU-OS-004/MI-OS-015 PAGE 9 CITY OF MERIDIAN PLA• G DEPARTMENT STAFF REPORT FOR THE HEAL DATE OF FEBRUARY 14, 2006 • Page 12, Item G -Add the new case numbers for the subject Conditional Use Permit (MCU-05-004), Preliminary Plat (PP-05- 061)and Miscellaneous application (MI-05-015) to this section. rPaui~a d fe;-t hat-;e~- ~nlesa ir -dis atr~d a # i ~ " ' ~~ ' s -s~s ~ n T e , flreven ~an I~re dse- en~et ~ ~1 f ;er~a o ~ ^^ ~+®+~;.~,o„ + ~ + „ +h ; - ® > r~Qiro a~e ob tain a ~l~ P staff re semm ~'° +h.,+ ~+~,.,. , ~ n , ~ „f e+~ Prior to the rezone ordinance approval, a modification to the recorded Development Agreement (Instrument No. 103085229) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The annlicant shall contact the Citv Attorney Bill Nary at 888-4433 to initiate this process. 3. PP Application: The proposed preliminary plat substantially complies with the Zoning Ordinance. Special Considerations: Landscaping The landscape plan prepared by Harvest Design, P.C., on 11-10-05, labeled Sheet LS-lis approved with the following modifications/notes: • Provide landscape buffers along Ustick Road, Nakano Drive (adjacent to lots in Champion Park Subdivision #3) and Leslie Way as depicted. The landscape buffers along the streets shall be designed in accordance with UDC 11-3B-7. • Provide a 20-foot wide landscape buffer (and easement) along the north side of Lot 33, Block 1, to buffer the adjacent residential use. Materials within said buffer should comply with UDC 11-3B-9. • Provide landscaping in compliance with UDC 11-3B-12, adjacent to the micro-path in Lot 26, Block 1. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Access: The applicant is proposing to take access to this property from Leslie Way, an existing street. No access to Ustick Road is proposed. Direct lot access to Ustick Road should be prohibited via a note on the face of the final plat(s). See Exhibit B below. Champion Park Addifion Subdivision RZ-OS-021/PP-OS-061/MCU-OS-004/MI-OS-015 PAGE 10 CITY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE HEAi~ DATE OF FEBRUARY 14, 2006 House Orientation: Staff has concerns about the orientation of the houses on Lots 8, 9, and 14, Block 2. Generally, when reviewing the layout of a plat, staff likes for like yards to match (e.g. -side yard of one lot to abut the side yard of another.) With the configuration of the short cul-de-sacs in Block 2, staff recommends that the front of these lots be restricted. The house on Lot 8, Block 2, should be oriented to the south, to match the yards of Lots 7 and 9. The house on Lot 9, Block 2, should be oriented to the north, to match the yards of Lots 8 and 10. Because of the size and configuration of Lot 14, Block 2, the house shall be oriented to the east. The applicant should designate the orientation of these lots on the face of the final plat. See Exhibit B below. Fencing: The applicant has not proposed any fencing with this development. A detailed fencing plan should be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro-path fencing shall be designed according to UDC 11-3A-7. See Exhibit B below. Micro-oaths: The micro-path in Lot 26, Block 1, shall be constructed in accordance with UDC 11-3A-8 (construction) and UDC 11-3B (landscaping). Common Areas: Maintenance of all common areas shall be the responsibility of the Champion Park Home Owners' Association. Pressure Irri a~ tion: 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. 4. MCU Application: Staff believes that the proposed Conditional Use Permit Modification substantially complies with the Zoning Ordinance and will not have and adverse impact on the use on other property. Please see Exhibit D for detailed analysis of the required facts and findings for the Conditional Use Permit. Special Considerations: Site Plan: The applicant did not submit a site plan showing how the subject 11.44 acres fit in with the overall 105 acres of the development. Staff recommends that the applicant provide staff with 10 full size copies and one 8.5" x 11" copy of a revised site plan that shows the entire Parkstone/Champion Park development as proposed. Further, staff recommends that the applicant bring a copy of said revised site plan to the Planning & Zoning Commission hearing, b. Staff Recommendation: Staff recommends approval of the subject applications RZ-OS- 021, PP-OS-061, MCU-OS-004 and MI-OS-015, with the conditions listed in Exhibit B of the Staff Report for the hearing date of January 5, 2006. Champion Park Addition Subdivision RZ-OS-021/PP-OS-061/MCU-OS-004/MI-OS-015 PAGE 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEA~G DATE OF FEBRUARY 14, 2006 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: 9-29-OS) 2. Landscape Plan (dated: 11-10-OS) 3. Site Plan (dated: 1-4-06) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department C. Rezone Legal Descriptions D. Required Findings from Zoning Ordinance Champion Park Addition Subdivision RZ-OS-021/PP-OS-061/MCU-OS-004/MI-OS-015 PAGE 12 CITY OF MERIDIAN PI,AG DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 14, 2006 A. Drawings 1. Preliminary Plat (dated: 9-29-OS) I ~_ j ~"z~sv A` -~-<3 g 8 ~~ ~l~ y~ ~' ~~~ ~cc ,I so >I ., ~+ ® ~ '° ~~~~~~~~6~ ~ ~ ~ QA ~~~ ~~ ~~ ~• ~~ #~ "~ ~i~ 3 : i yy pppppp kk ~ 6 ~ m I' ~ s' ;' ~ ~, f I ~ ~ ~ E ~-. ~ w ~~ 4 Exhibit A -Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 14, 2006 2. Landscape Plan (dated 11-10-OS) ~w,.~. E ~ , AMfA 3a t Tl e p ,- ~ ~ ,: ~ ~ w ~~ ~~ ~ .- ~E~a-. ~~~~~ ~e,~ Exhibit A -Page 2 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAi~ DATE OF FEBRUARY 14, 2006 3. Site Plan - (dated 1-4-06) i ~~ r~ ~, ~~~ ~..~ ~ M.'p' ~7'aVtiO~ L~Sb~tY'~' .aP B7A'it[a y ,q, KliYtrr ~ ~ ~ ~ P ~~~ ~`Y~~ty+tilV Cb 1'(V'ls'YYi~a~ P pp Y~ a i z Exhibit A -Page 3 CITY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE HEAi~ DATE OF FEBRUARY 14, 2006 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT (PP-OS-061) 1.1.1 The preliminary plat labeled as PRE Sheet 1 of 1, prepared by Engineering Solutions, LLP, dated September 29, 2005 (revised 10-20-OS) is approved, with the conditions listed herein. All comments and conditions of the accompanying Rezone (RZ-OS-021) application, Miscellaneous (MI-OS-015) application, and Conditional Use Permit (MCU-OS-004) application shall also be considered conditions of the Preliminary Plat (PP-OS-061). 1.1.2 The landscape plan prepared by Harvest Design, P.C., on 11-10-05, labeled Sheet LS-lis approved with the following modifications/notes: • Provide landscape buffers along Ustick Road, Nakano Drive (adjacent to lots in Champion Park Subdivision #3) and Leslie Way as depicted. The landscape buffers along the streets shall be designed in accordance with UDC 11-3B-7. • Provide a 20-foot wide landscape buffer (and easement) along the north side of Lot 33, Block 1, to buffer the adjacent residential use. Materials within said buffer shall comply with UDC 11-3B-9. • Provide landscaping in compliance with UDC 11-3B-12, adjacent to the micro-path in Lot 26, Block 1. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). 1.1.3 The future house on Lot 8, Block 2, shall be oriented to the south, to match the yards of Lots 7 and 9. The future house on Lot 9, Block 2, shall be oriented to the north, to match the yards of Lots 8 and 10. Because of the size and configuration of Lot 14, Block 2, the future house shall be oriented to the east. The applicant shall designate the orientation of these lots on the face of the final plat. 1.1.4 ?~° art :z„ ~* ~ ~ a r -.;~~. ~~.:.. a---.°,°«..~.°..•. The aAAlicaIIt has volunteered to construct a 6-foot tall vinyl fence alone the east property line. A detailed fencing plan should be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro-path fencing shall be designed according to UDC 11-3A-7. 1.1.5 The micro-path in Lot 26, Block 1, shall be constructed in accordance with UDC 11-3A-8 (construction) and UDC 11-3B (landscaping). 1.1.6 Maintenance of all common areas shall be the responsibility of the Champion Park Home Owners' Association. Exhibit B -Page 1 CITY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE HEA~ DATE OF FEBRUARY 14, 2006 1.1.7 Place a note on the face of the final plat(s), stating that direct lot access to Ustick Road is prohibited. 1.1.8 Underground, pressurized irrigation must be provided to all lots within this development. 1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT (PP-OS-061) 1.2.1 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application(s). 1.2.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.3 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 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 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACTID, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2.5 StafF's failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 1.3 SITE SPECIFIC REQUIREMENTS -CONDITIONAL USE PERMIT (MCU-OS-004) .}-?~b~it }A sire-espies c~~~3" ,,» ,. ,.r ., a as ~;+® ..~.... ,i......i.,.......~.o o...;..~ ,~..;a re oa .,;4~ i ~an~m~'e-~}B;~~o ~ r ., ~e 1.3.2 All comments and conditions of the accompanying Rezone (RZ-OS-021) application, Miscellaneous (MI-OS-015) application and Preliminary Plat (PP-OS-061) application shall also be considered conditions of the Conditional Use Permit (MCU-OS-004). 1.3.3 All future use(s) on Lot 34, Block 1, shall obtain Conditional Use Permit approval prior to construction and operation. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via of mains in N. Leslie Way that were installed with a previous phase of Champions Park. The applicant shall install all mains Exhibit B -Page 2 CITY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE HEA DATE OF FEBRUARY 14, 2006 necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub- grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in Champions Park Subdivision. The applicant shall be responsible to install all water mains necessary to serve this development, coordinate main size and routing with Public Works. 2.3 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 evidence of a license agreement shall be submitted prior to scheduling of apre-construction meeting. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3B6). 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 All existing structures that do not meet setback requirements or zoning ordinance shall be removed prior to signature on the final plat by the City Engineer. 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. 2.7 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. 2.8 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. 2.9 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. 2.10 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. 2.11 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. 2.12 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe 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 3 CITY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE HEA~G DATE OF FEBRUARY 14, 2006 2.14 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.15 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. 2.16 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. 2.17 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. Fire Department 3.1 One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 3.5 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. 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 face of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. Exhibit B -Page 4 CITY OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 14, 2006 3.8 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. 3.9 The proposed 48-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 139 residents at build out. 3.10 Maintain a separation of 5' from the building to the dumpster enclosure for the commercial buildings. 3.11 Provide a Knox box entry system for the complex prior to occupancy. 3.12 The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please contact Vicki Heugly at 898-5500 to address this concern prior to the public hearing. 3.13 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.14 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. 3.15 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). • For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). • For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. Police Department 4.1 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 5. Parks Department 5.1 No comments. 6. Sanitary Service Company 6.1 SSC has no comments related to this application. 7. Ada County Highway District 7.1 Dedicate a total of 48-feet ofright-of--way from the centerline of Ustick Road abutting the parcel. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the fmal plat for signature by the ACRD Commission or prior to Exhibit B -Page 5 CITY OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE HEAIDATE OF FEBRUARY 14, 2006 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 owner will be paid the fair market value of the right-of--way dedicated which is an addition to existing ACHD right-of--way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #200), if funds are available. 7.2 Construct a 5-foot concrete sidewalk located a minimum of 41-feet from the centerline of Ustick Road. 7.3 Construct the internal streets as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks within 50-feet ofright-of--way, as proposed. 7.4 Construct two cul-de-sac turnarounds without center islands within the subdivision, as proposed. Construct the turnarounds to provide a minimum turning radius of 45-feet. 7.5 Construct one knuckle without a center island, as proposed. 7.6 Construct a 30-foot wide shared curb return type driveway that intersects Leslie Drive approximately 140-feet north of Ustick Road to serve Lot 33 and Lot 34 of Block 1, as proposed. Pave the driveway its full width and at least 30-feet into the site beyond the edge of Leslie Drive. 7.7 Place a note on the final plat stating that direct lot access is prohibited on Ustick Road. 7.8 Comply with all Standard Conditions of Approval. 8. Central District Health Department 8.1 After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito breeding problem. 8.4 It is recommended that storm water bepre-treated prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Exhibit B -Page 6 CITY OF MERIDIAN PLA1~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 14, 2006 C. Rezone Legal Descriptions ~._ .: ' IQAHO SURVEY GROUP ~ eN cane Frapased Ghnmplon P'arh Add&3on 1450 EasC tmr~r 5r. Suke 150 IgvtdFan. Naha 83642 thane (2tlap 84~857p 1~ ~r 864.5349 A panel of land being a portion of the SE'/< of Sr~taan 32, To~sitip 4 Narti~, Range 1 Es+st, B.1WL, Meridian, {Ida Ccunty, Idaho. mole particularly dessxihed as follows: Commencing at the %< cower common to the said SeeCian 32 and Section 5, ToaTeship 3 North, Raa~ge 1 East;, B.tul., fram vahich the StN eornc~ of said Section 32 bears North 89°43' 17" East, 2655.40 ~: tha~aee along the sauih line of the SE y of said 5t~tian 32 North 89°44'04" ESSt,1124.23 fit, thence North 00° l5'S6° West„ 200.68 to fire REAI. FUIIVT ®F HtEGINriING. Thence continuing North tir,t°15'S6" West, 56.ZS feet to a poim ofcurvsture; Thence 41.48 feet along the are of a curve to the leQ said curare havin,8 a radius of 300.()0 Feet, a delta angle of 07°55'22", ~d a long shard bearing North 04° 13'38" West, 41.45 feet to a paint of tangency, Thence Narih 08°11'19" West, 82.77 feet to a imint ofcurvature; Thence 7.07 feet along the arc of a curve to the left, said curve having a radius of 166.00 feet, a delta angle of 02°26'20", and a long chard hearing Narth 09®24'28" West, 7.07 feet; Thence Narrh 74°15' 19" fast, 61.88 fact to a quint of curvature; Thence 21.16 feet along the arc of a curve to the le@, said curve having a radios of 50.110 feet, a delta angle of24°14'36", and a long chord bearing North.62°08'01" East, 21,.00 feet; Thence South 34°59'1?" . 25.00 feet; Thence North 89°58'28" Eat, 126.83 feet to a point on the East line of mid SE 1!4 Thence along said line South 00°01 °32" Fast, 193.94 feet; Thence South 9Ct°00'00" West, 2,04.84 feet to the POINT U)' BEGINNING Containing 0.95 acres, more or less. ~-....~--- 4431 50914L5(}914-cn.doc p~°~l~~si~raal ! ar~~l ~osrvepr~e•~ _` Exhibit C -Page 1 CITY OF MERIDIAN PLAIG DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 14, 2006 =_ ~~IQf"E® 1450EascWacertowerS~ 5~~~~Y Suite 150 . sw~i~, Idaho ~saa Phone (208184b-$574 _ - - - - - _ _ _~ - -- - -- - Pax , t~4-5349 fictober 2~, 2005 1~°aposed CG done Propnsed Cl~nplgo Park Addition A parcel of land being a portian ®f the SE '/, of Section 32,1"awnship 4 North, a2angs 1 E.M.,1Vleridian, Ada County, Idaho, more particularly described as follavrs: Co~cncing at the'l, comer comTnon to the said Section 32 and Section 5, T'®wnship 3 North, Mange i F,ast, EI.M., firam which th®SVV er~~r of mid S®ctian 32 >>ea~ Noah 89°43' l 7" East, 2655.40 fret; thence slang t$e south line of the SE'/ 4f said Section 32 North 89°44'04" East, l 1x4.23 feet to the Iil~AL Pt)flrlT OF BEt;~L9Ni11TG, Thence North 00°15'56" West, 200.68 feet; Thence North 90°00'00" East? 204,84 feet to a glint on the Est line of said SE 114; °rhence along said line South 00°01'32" East, 199.73 feet tc- the East l /lfi corner common to Section 5 and the sr~ed Section 32; Thence along the swath line of the SE % of said Section 32, South 8J°44't14" '~V~, 204.Q0 feet to the POINT QIF ~1EGINl~II1~1G. C.ontainipg 0,~4 ~ mom ar less. 50914150914-cg.doc Exhibit C -Page 2 CITY OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 14, 2006 ® „ems. Baas ~r ~ ost ~6~~.T~~ ~,~~~~~~ m u~ama tar ~ ~ ~a ~t~ 'xsa'aa° ~ s6e ~ ~ ~ ~ $ m •.a~ ~ ~ ~ ~ ~ `.~ r ~, ~~ ~ , ; ~ ~ ~ ~ ~ 8 ~~£ tQ~OO S ~ I I ~'''~ Ea t N ~ ' ~r ~ =1 o ~~ ,~~' aW~ m .~^ ~: ~~ P Z ~~ a~ ~1lIJ L~t i ~LLIOUt C~ ~~ ~ V 19~„~- ~`9~ ~ ~89~Ot~ ~ v~ ~' C 1 A~95~St~I~ NN °~ ~ .. o° ~~ ~~ ^7po ' 4 r e ~' Y ~ "* LL ~ ~~' L'i3 ~` r N7i ~ ~~ ~~W ~~ ___ ~~$ ~w ~~o ~~~ ~~ PN ~°s ~~ O ~ N ~~ ~~~ ~~ v N Q a Exhibit C -Page 3 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAI2~DATE OF FEBRUARY 14, 2006 D. Required Findings from Zoning Ordinance l . Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone 0.95 acres to C-N and 0.94 acres to C-G. These areas were previously approved by the City for commercial use as a use exception with CUP- 02-049. Although the proposed zoning map amendment does not comply with the current Future Land Use Map, the Council finds that this area be zoned commercial to reflect the previous use exception approval. Further, at the North Meridian Area Comprehensive Plan Amendment hearing on January 17, 2006, staff will be asking the Council to amend the Future Land Use Map to reflect the commercial designations of these properties. The Council finds that the proposed map amendment will comply with all other applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council fords that there are several uses that are allowed and conditionally allowed within the requested zoning districts of C-N and C-G. If the applicant complies with the conditions outlined in the modified development agreement, the modified conditional use permit and the proposed preliminary plat, the Council fords that the proposed commercial lots/districts will be in compliance with the regulations outlined in each specific district. The accompanying plat, conditional use permit and proposed development agreement modifications, demonstrate that the land will be developed with lot sizes, uses and other dimensional requirements that conform to the proposed zoning designations. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council fords that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council fords that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The C-N and C-G zoning amendments will provide commercial lots that are similar in nature to existing and proposed commercial development in the vicinity. The Council fords that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Exhibit D -Page 1 CITY OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 14, 2006 Comprehensive Plan. In accordance with the findings listed above, the Council fords that Re-zonin og f~property to C-N and C-G would be in the best interest of the City_ 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan, and the land use designation change proposed for this property with the North Meridian Area Comprehensive Plan Amendment. The Counicl supports the proposed plat layout and proposed density as they comply with the provisions of the Comprehensive Plan and the UDC. 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 Council finds that public services are available to accommodate the proposed development. (See finding Items 3 and 4 above under Rezone Findings for more details.) 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 cost, the Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Council finds that supporting services are available to support the proposed development. The Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this fording. (See finding "Items 3 and 4 above under Annexation Findings above, and the Agency Comments and Conditions in Exhibit B for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and The Council is not aware of any health, safety or environmental problems 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. 6. The development preserves significant natural, scenic or historic features. The Council is unaware of any natural, scenic or historic features on this site. Therefore, the Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Exhibit D -Page 2 CITY OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 14, 2006 2. CUP Findings: The Commission shall base its determination on the Conditional Use Permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Council finds that the site is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the UDC. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Council finds that the proposal meets the objectives of the Comprehensive Plan as listed in Section 8 of this report. See Rezone Findings #1 and 2 above. 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 Council fmds that the design, construction, operation and maintenance of the single- family attached and detached uses will be compatible with other uses in the general neighborhood and with the existing and intended character of the vicinity as to not adversely change the character of the area. Specific uses are not proposed within the C-N and C-G lots at this time. The applicant is constructing a 20-foot wide land use buffer between the C-N zoned lot and the residentially zoned lots to the north, staff fmds that the future operation of a commercial business on this lot should be compatible with the neighborhood (provided the applicant complies with all UDC provisions.) Because the proposed C-G zoned lot is a general retail and service commercial lot that is on a highly visible intersection, the Council is requiring that any and all future use(s) on the two commercial lots be required to obtain CUP approval prior to construction and operation. Future building heights, parking layouts, landscape buffer widths and other dimensional standards will be analyzed with future applications to ensure compliance with the UDC. 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 Council fmds that the proposed development will not adversely affect other property in the vicinity if the applicant complies with all Preliminary Plat, Development Agreement and CUP conditions and constructs all improvements and operates the use in accordance with the UDC standards. 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 Council finds that sanitary sewer, domestic water and irrigation are available to the subject property. Please refer to other comments prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Company and ACRD. 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. Exhibit D -Page 3 CITY OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 14, 2006 The Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay highway impact fees. 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 Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. The Council does not believe that the amount of traffic or noise generated will be detrimental to the general welfare of the public. 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 Council fmds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. Exhibit D -Page 4 February 10, 2006 MCU OS-~4 MERIDIAN CITY COUNCIL MEETING February 14, 2006 APPLICANT Hillview [development Corporation REM NO. 17 REQUEST Public Hearing -Request to modify previous CUP for a PD (CUP 02-049) by removing the proposed mini-storage use and including attached and detached single family dwellings for Champion Park Addition - n/o Ustick Road 8~ w!o 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: COMMENTS See attached PAZ Item Packet /Minutes See attached Recommendations /Findings MERIDIAN POST OFFICE: OTHER: See attached proof of posting Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • 1~ECEIVE~.~ ~€B - ~ 2006 eridian City ®~ ®ffice ~~ ;~ ~~~ ~~ ~~ ='~ ~~ ~ ~~;.~d~ .~ ~ ~~~ ~t°`?~ai3,~:,a,,~-a~.,_we"~~-fir y In the Matter of Re-zoning 1.89 acres from R-8 to C-G (General Retail and Service Commercial)(0.94 acres) and C-N (Neighborhood Business)(0.95 acres) AND Preliminary Plat approval request for 48 single-family residential building lots (24 attached and 24 detached), 2 commercial lots and 4 common lots on 11.44 acres AND Conditional Use Permit approval to modify CUP-02-049 by removing the proposed mini-storage use and replacing that with attached and detached single-family dwellings AND Miscellaneous request to modify the recorded Development Agreement for Champion Park Subdivision (F.K.A. - Parkstone Subdivision), by Hillview Development Corporation. Case No(s).: RZ-05-021, PP-05-061, MCU-OS-004, and MI-05-015 For the City Council Hearing Date of: February 14, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 14, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 14, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 14, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 14, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-OS-021 / PP-OS-061 /MCU-OS-005 / MI-OS-015 -PAGE 1 of 5 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, Site Plan, and the Conditions of Approval all in the attached Staff Report for the hearing date of February 14, 2006 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 September 29, 2005 is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated January 4, 2006 is hereby conditionally approved; and, 3. The following modifications to site specific conditions were made at the City Council hearing: a. None. 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of February 14, 2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. 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, CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-OS-021 / PP-OS-061 / MCU-OS-005 / MI-OS-015 -PAGE 2 of 5 and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditions use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-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. 2. 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 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-OS-021 / PP-OS-061 / MCU-OS-005 / MI-OS-015 -PAGE 3 of 5 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 February 14, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-OS-021 / PP-OS-061 / MCU-OS-005 / MI-OS-015 -PAGE 4 of 5 I ~ U By action of the City Council at its regular meeting held on the 2006. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD DATED: ~ ' [ ~~ t~ MOTION: APPROVED: ATTEST: ~:~..~ WILLIAM G. BERG, JR., day of VOTED_~~~~ VOTED_~~~~ VOTED_Z%~~ VOTED_ C~~ VOTED DISAPPROVED: '° ~ ~ ~ ~~ ~~ de WEERD e r~ ~ ~''~ '~, __ _~~. ~~ ~~`~~ ry T~L~ ~'1~'e` P ~` .~ Copy served upon: Applicant ~ )cpartncnt P lic Works Department City Attorney B Dated: ~ - ~ 5 ~OID Ity Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-OS-021 / PP-OS-061 / MCU-OS-005 / MI-OS-015 -PAGE 5 of 5 CITY OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE HEAR11~i DATE OF FEBRUARY 14, 2006 STAFF REPORT TO: FROM: Hearing Date: 2/14/2006 Mayor and City Council C. Caleb Hood, Current Planning Manager Meridian Planning Department 208-884-5533 ` i rr - 3, - ~~-:r ~, ~l~.~ra ~,~~~ ~. F't SUBJECT: Champion Park Addition Subdivision RZ-OS-021 Rezone of 1.89 acres from R-8 to C-G (General Retail and Service Commercial)(0.94 acres) and C-N (Neighborhood Business)(0.95 acres). PP-OS-061 Preliminary Plat approval of 48 single-family residential building lots (24 attached and 24 detached), 2 commercial lots and 4 common lots on 11.44 acres. MCU-OS-004 Conditional Use Permit (CUP) approval to modify CUP-02-049 by removing the proposed mini-storage use and replacing that with attached and detached single-family dwellings. MI-OS-015 Miscellaneous request to modify the recorded Development Agreement for Champion Park Subdivision (F.K.A. - Parkstone Subdivision.) 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Hillview Development Corporation, has applied for Re-zoning of 1.89 acres from R-8 (Medium-Density Residential) to C-G (General Retail and Service Commercial) for 0.94 acres and C-N (Neighborhood Business) for 0.95 acres; Preliminary Plat and Conditional Use Permit approval of 48 single-family building lots, 2 commercial building lots, and 4 common lots on 11.44 acres; and a Miscellaneous request to modify the existing development agreement for this property. The site is located on the north side of Ustick Road, approximately 1,300 feet west of Eagle Road. This site is currently vacant. The site has not been previously fmal platted, but was a part of the original Champion Park (a.k.a - Parkstone) Subdivision. The subject property is within the Urban Service Planning Area and within the current city limits. 2. SUMMARY RECOMMENDATION The Meridian Planning and Zoning Commission heard the item on January 5, 2006. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Becky McKay (applicant's representative) ii. In opposition: Tom Davis iii. Commenting: Jonathan Seele iv. Staff presenting application: C. Caleb Hood v. Other staff commenting on application: Ted Baird b. Key Issues of Discussion by Commission: i. Land use buffer widths. ii. Requiring CUP's for uses on the 2 proposed commercially zoned lots. c. Key Commission Changes to Staff Recommendation: Champion Park Addirion Subdivision RZ-OS-021/PP-OS-061/MCU-OS-004/MI-OS-015 PAGE 1 CITY OF MERIDIAN PLANN~G DEPARTMENT STAFF REPORT FOR THE HEA DATE OF FEBRUARY 14, 2006 i. Remove the 4~' bullet on Page 9 of the Staff Report which required only one of the twopro~osed commercial zones to obtain CUP approval in the future. The Commission voted to require both commercial lots to obtain CUP approval, as ii. At the January 5"' Commission hearing,. the applicant volunteered to construct a 6 foot tall vinyl fence along the east property line The applicant also agreed to include a clause within the future purchase agreements with the property owners of the lots within Champion Park Addition making potential buyers aware of the commercial zoning and future uses to the east. The fencing provision has been added to the Conditions of Approval (Condition 1.1.4) in Exhibit B. Staff supports the applicant's proposal to make future lot owners aware of the CentrePointe commercial development to the east but staff has not included a requirement for the applicant to include a disclosure statement in the future purchase and sale agreements A condition of this nature would be impossible for staff to track and enforce. d. Outstanding Issue(s) for City Council: i. None. The subject applications (RZ, PP, MCU, and MI) were submitted to the Planning Department for concurrent review. Generally, the Planning & Zoning Commission is the final decision making body on a Conditional Use Permit. However, because the City Council is the final decision making body on the Rezone, Miscellaneous and Preliminary Plat applications, all of the subject applications are being combined into one staff report. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested applications. The Planning_& Zoning Commission is recommending approval of the proposed Champion Park Addition Subdivision (RZ-OS-021 PP-OS-061 MCU-OS-004 and MI- OS-015) with the conditions listed in Exhibit B of the Staff Report. 3. PROPOSED MOTION (to be considered after the public hearing) Approve After considering all staff, applicant and public testimony, I move to approve File Numbers RZ- OS-021, PP-OS-061, MCU-OS-004 and MI-OS-015, as presented in staff report for the hearing date of February 14, 2006 with the following modifications: (Add any proposed modifications.) Deny After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-OS-021, PP-OS-061, MCU-OS-004 and MI-OS-015, as presented in the staff report for the hearing date of February 14, 2006 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.) Continue After considering all staff, applicant and public testimony, I move to continue File Numbers RZ-OS-021, PP-OS-061, MCU-OS-004 and MI-OS-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/I,ocation: North side of Ustick Road, approximately 1,300 feet west of Champion Park Addition Subdivision RZ-OS-O21/PP-OS-061/MCU-OS-004/MI-OS-015 PAGE 2 CITY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE HEAIZ~DATE OF FEBRUARY 14, 2006 Eagle Road, at the northeast corner of Ustick Road and Leslie Way / 4N1E32 b. Owner: Hillview Development Corporation 150 E. Aikens Street, Ste. A Eagle, ID 83616 c. Applicant: Hillview Development Corporation 150 E. Aikens Street, Ste. A Eagle, ID 83616 d. Representative: Becky McKay, Engineering Solutions, LLP e. Present Zoning: R-8 f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: The applicant is requesting approval of a 54-lot development that includes 48 single-family buildable lots, 2 commercial lots and 4 common lots on property that was originally approved by the City for mini-storage units and commercial businesses. The applicant is proposing to modify the original approvals and overall site plan by changing this phase of the development from commercial mini-storage to primarily residential. The applicant is proposing an even mix of single-family attached and detached lots in this amended phase of the development. All of the proposed residential lots conform to the dimensional standards of the R-8 zone. The average lot size in the proposed development is 6,887 square feet. The gross density of Champion Park Addition is 4.77 dwelling units per acre. Less than 2% of the area being developed in this phase is being set aside for open space. However, 11 % of the total Champion Park development is being set aside for open space. 1. Date of preliminary plat (attached as Exhibit A): 9/29/05 (Revised 10-20-OS) 2. Date of landscape plan (attached as Exhibit A): 11/10/OS h. Applicant's Statement/Justification: The proposed Champion Park Addition is currently zoned R-8 and was approved as a planned development that included attached and detached single- family housing, four office lots, two commercial lots, and one mini-storage lot. The portion of the project formerly proposed as amini-storage lot is now being proposed as Champion Park Addition, with 24 single-family detached lots and 24 single-family attached lots. We are concurrently submitting a request for preliminary plat, rezone of the two commercial lots to C- Gand C-N as requested by staff, and a modification of the development agreement and conditional use permit. No variances are being requested for this project. Rezone to C-N is requested fora 0.95 acre lot and rezone to C-G is being requested fora 0.94 acre lot, as requested and approved in the original development agreement for the overall project. The remaining 7.57 acres will remain zoned R-8 and be platted as a residential development. As the property to the east is designated Mixed Use-Regional, no buffer is proposed adjacent to the commercial lots. We ask that the Findings of Fact and Conclusions of Law and Orders for the previous approval be amended as necessary to reflect the above changes (please see Applicant's Submittal Letter.) Champion Park Addition Subdivision RZ-OS-021/PP-OS-061/MCU-OS-004/MI-OS-015 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14, 2006 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 6, a public hearing is required before the City Council on this matter. c. The subject application will in fact constitute a conditional use permit 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. Miscellaneous applications are not currently addressed in Title 11 of the Meridian City Code. It has been determined by the City's Legal Department that a miscellaneous application to amend a recorded development agreement will in fact require a public hearing before the City Council. e. Newspaper notifications published on: December 19, 2005 and January 2, 2006 (for P & Z Commission hearing) and January 23 and February 6, 2006 (for City Council hearing.) f. Radius notices mailed to properties within 300 feet on: December 19, 2005 (for P & Z Commission hearing) and January 20, 2006 (for City Council hearing.) g. Applicant posted notice on site by: December 26, 2005 (for P & Z Commission hearing) and February 3, 2006 (for City Council hearing.) 6. LAND USE a. Existing Land Use(s): The subject property is currently vacant. b. Description of Character of Surrounding Area: The property to the north has been platted as a residential phase of Champion Park. To the west, across Leslie Way, are future office lots and a City Park in Champion Park. To the east are C-G zoned properties (Blue Marlin/fitture Kohl's site) and a 5-acre parcel currently zoned RUT in Ada County. To the south, across Ustick Road, is Carol Subdivision. Carol Subdivision consists of 1-acre parcels. Some of the lots in Carol Subdivision are zoned R-2 in Meridian, some are zoned Rl in Ada County. This area is rapidly transitioning from rural to urban. c. Adjacent Land Use and Zoning: 1. North: Single-family residential, Champion Park Subdivision, zoned R-8 2. East: Currently vacant, future commercial development, zoned C-G; existing Ada County residence on 5-acres, has applied for annexation to C-G 3. South: Rural residential, Carol Subdivision, zoned Rl (Ada County) and R-2 (City) 4. West: City Park and future office lots in Champion Park Subdivision, zoned R-8 d. History of Previous Actions: In 2003, the City approved an annexation, preliminary plat and a conditional use permit for a mixed use planned development on 104.77 acres called Parkstone Subdivision (AZ-02-033, PP-02-033 and CUP-02-049). Phases within Parkstone Subdivision have final platted with the name Champion Park. The subject 11.44 acres is part of the original Parkstone/Champion Park development. Two commercial lots and 1 mini- storage lot were originally planned for this area. Champion Park Addition Subdivision RZ-OS-021/PP-OS-061/MCU-OS-004/MI-OS-015 PAGE 4 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 14, 2006 e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: Extension of mains in N. Leslie Way. Location of water: Extension of mains in N. Leslie Way. Issues or concerns: None. 2. Vegetation: There are no existing trees on this property that need to be mitigated for. 3. Floodplain: N/A 4. Canals/Ditches Irrigation: There are no open canals or ditches that cross the subject site; the ditches have previously been piped. 5. Hazards: Staff is not aware of any hazards associated with this property. 6. Proposed and Existing Zoning: R-8 (Medium-Density Residential)(9.55 acres); C-G (General Retail and Service Commercial)(0.94 acres) and C-N (Neighborhood Business)(0.95 acres). 7. Size of Property: 11.44 acres f. Subdivision Plat Information: 1. Residential Lots: 48 2. Non-residential Lots: 2 3. Total Building Lots: 4. Common Lots: 4 5. Other Lots: 0 6. Total Lots: 54 7. Gross Density: g. Landscaping 50 4.77 units per acre (net 6.11 d.u./acre) 1. Width of street buffer(s): A 25-foot wide street buffer is required along Ustick Road, an arterial street (iJDC 11-2B-3). A 10-foot wide street buffer is required along Leslie Way (LTDC 11-2B-3). Street buffers are not required adjacent to the other, internal streets. 2. Width of buffer(s) between land uses: A 20-foot wide land use buffer is required between C-N zoned properties and residential uses (UDC 11-2B-3). The applicant is proposing to construct a 20-foot wide landscape buffer between proposed C-N zoned lot and the residential lots to the north. 3. Percentage of site as open space: For the entire Champion Park/Parkstone development over 11 % of the site is being set aside for open space. 0.29 acres/2.5% (including street buffers) and 0.57 acres/0.49% (excluding street buffers) of the subject 11.44 acres is being set aside for open space. 4. Other landscaping standards: Landscaping adjacent to micro-paths should comply with UDC 11-3B-12. h. Amenities: City park that includes bathrooms, a tot lot, a parking lot, micro-paths, useable open Champion Park Addition Subdivision RZ-OS-021/PP-OS-061/MCU-OS-004/MI-OS-015 PAGE 5 CITY OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 14, 2006 space. i. OfF Street Parking: UDC 11-3C-6.A requires single-fam ily detached dwellings to have a 2 enclosed parking spaces (a garage) and a 20' x 20' parking pad in front of each garage. In all commercial districts, UDC 11-3C-6.B requires one off-street vehicle parking space for every 500 square feet of gross floor area. j. Proposed and Required Residential Standards: R-8 Setbacks (in feet) Proposed Required Front Living Area (to sidewalk) 15 15 Side Accessed Garage (to sidewalk) 15 15 Front Accessed Garage (to sidewalk) 20 20 Side 4 4 Rear 12 12 Frontage (garage facing street) 50 50 Frontage (alley loaded garage) N/A 40 Lot Size (garage facing street) 5,000 5,000 Lot Size (alley loaded garage) N/A 4,000 k. Proposed and Required Non-Residential: C-N Setbacks (in feet) Proposed Required Front 20 20 Interior Side 0 0 Rear 25 25 Maximum Building Height 35 35 C-G Setbacks (in feet) Proposed Required Front 0 0 Interior Side 0 0 Rear 0 0 Maximum Building Height 65 65 1. Summary of Proposed Streets and/or Access: Leslie Way currently exists adjacent to the site's western boundary and intersects Ustick Road. The applicant is not proposing any new accesses to Ustick Road. Direct lot access to Ustick Road for Lot 34, Block 1, should be prohibited. The internal streets are proposed as local streets with a 36-foot wide street section (measured back of curb to back of curb) with 5-foot wide attached sidewalks. Staff is Champion Park Addition Subdivision RZ-OS-021/PP-OS-061/MCU-OS-004/MI-OS-015 PAGE 6 CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 14, 2006 supportive of the proposed street system. As of the print deadline for this report, ACRD has not provided the City with detailed analysis and conditions for this project. Staff anticipates having ACHD's site specific conditions prior to the City Council hearing and will incorporate those conditions into Exhibit B prior to sending the City Council report to print. 7. COMMENTS MEETING On December 16, 2005, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain between three and eight dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 48 single-family lots for a gross density of 4.77 dwelling units/acre. NOTE -The 1.89 acres proposed for commercial zoning was previously approved by the City as a use exception to CUP-02-049. In discussions with the applicant, staff requested that the applicant submit an application to rezone the subject commercial areas, to match the previously approved commercial land use designation. The proposed commercial area is adjacent to land designated "Mixed Use - Regional" on the Future Land Use Map that is already zoned C-G. Although the proposed zoning map amendment does not explicitly comply with the current Future Land Use Map, staff believes that the Map is a guide and the subject area also meets the intent of the Mixed -Use designation and is eligible for a commercial zone. For these reasons, staff is recommending that this area be zoned commercial. Further, at the North Meridian Area Comprehensive Plan Map Amendment hearing on January 17, 2006, staff will be asking the Council to amend the Future Land Use Map to reflect the commercial zoning/uses of these properties. Chapter VI, Goal II, Objective A, Action 3 -Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land-use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications comply with the policies listed in the literature noted above. Chapter VI, Goal II, Objective A, Action 6 -Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The applicant is proposing a loop street system within this phase of the development. Two new street connections to the existing Leslie Way are proposed. The properties to the east are anticipated to contain commercial businesses. Staff believes that a public street connection to the east should not be required. However, to enhance pedestrian connectivity in the area, staff is supportive of the proposed pedestrian connection to the property to the west. Chapter VI, Goal II, Objective A, Action 13 -Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. Champion Park Addition Subdivision RZ-OS-021/PP-OS-061/MCU-OS-004/MI-OS-015 PAGE 7 CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR THE HEAR~DATE OF FEBRUARY 14, 2006 See analysis above. Chapter VI, Goal II, Objective A, Action 5 -Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The applicant is proposing to construct S foot wide attached sidewalks adjacent to the internal streets. The applicant is also proposing to construct a micro path to the future commercial area to the east. Chapter VII, Goal IV, Objective C, Action 6 -Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. See analysis above. Chapter VII, Goal I, Objective D, Action 9 -Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. Prior to house construction, fencing should be constructed around the perimeter of this site. Chapter VII, Goal IV, Objective D, Action 2 -Restrict curb cuts and access points on collectors and arterial streets. No access to Ustick Road is being proposed; direct lot access to Ustick Road should be prohibited. 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 20 foot wide land use buffer between the proposed C-N zoned lot and the existing R-8 zoned property to the north. One of the properties to the west is currently zoned C-G (Blue Marlin). When the commercial property(ies) to the east develop, the City should require a land use buffer be constructed on that site to protect the subject residential lots from the commercial use(s). If land use buffers are constructed in accordance with the UDC, staff finds that the proposed residential and commercial uses should be compatible with each other. Staff believes that the proposed density and zoning for this property is appropriate. 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 zoning and development request is appropriate for this property. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: Meridian City Code 11-2-A-21ists single-family attached and detached homes as permitted uses in the R-8 zoning district. Please see Meridian City Code 11-2B-2 for a list of permitted, conditional and prohibited uses in the C-N and C-G zones. b. Purpose Statement of Zones: R-8 Medium-Density Residential: The purpose of the residential districts is to provide for Champion Park Addition Subdivision RZ-OS-021/PP-OS-061/MCU-OS-004/MI-OS-015 PAGE 8 CITY OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE HEAR~DATE OF FEBRUARY 14, 2006 a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the. City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. C-N and C-G: The purpose of the Commercial District is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. c. General Standards: All of the proposed lots comply with the standard lot size and street frontage requirements of the R-8, C-N and C-G zones established in the UDC. No dimensional modifications are being requested for the proposed development. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 1. RZ Application: Based on the previous approval of CUP-02-049, which allowed two commercial lots in this area as a use exception to the Parkstone/Champion Park development, staff believes that the requested C-N and C-G zones are appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings for the rezone. The rezone legal descriptions submitted with the application (stamped on October 28, 2005 by D. Terry Peugh, PLS) shows the properties are within the existing corporate boundary of the City of Meridian. 2. MI Application: UDC 11-5B-3.D.2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Hillview Development Corporation, the current owner and developer, has previously entered into a development agreement with the City and is requesting that certain sections of said recorded development agreement be modified to reflect the proposal to construct additional residences rather than amini-storage facility. The development agreement for this property was record on May 23, 2003 as Instrument No. 10385229. Staff recommends that the Commission and Council direct the City's Legal Department to draft modifications to the recorded development agreement for Parkstone Subdivision as follows: Page 4, Item 4-1 - "Construction and development for a Planned Development consisting of ~5 299 single-family detached building lots, ~ 76 townhouse/patio home lots, 4 office lots, 2 commercial lots, 1 mini-storage lot, 1 pocket park, 1 City "Neighborhood" Park, and 32 common lots." Pages 5-9, Item B -Add the Ada County Highway District's conditions for this phase of the development to this section. Champion Park Addition Subdivision RZ-OS-O21/PP-OS-061/MCU-OS-004/MI-OS-015 PAGE 9 CITY OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 14, 2006 • Page 12, Item G -Add the new case numbers for the subject Conditional Use Permit (MCU-05-004), Preliminary Plat (PP-05- 061)and Miscellaneous application (MI-05-015) to this section. re uire d fer~hat le t unless fF l'~~^ ^+°~ ^~ ~^h ;° + h° ~ inr~ q , F~Ven t an~ se ~L-e+ ~ z f r^m F~°~ nr~ rl°+r~m^r ,+..~ 4 .. ~4... ~ , Fe ~~ire d~e~lritain a ~l~ P ~taff ~° ^^.,,,w,°^ a^ +h°. ~+~~ . ~ " .~ ~~ q . Prior to the rezone ordinance approval, a modification to the recorded Development Agreement (Instrument No. 103085229) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attornev. Bill Narv, at 888-4433 to initiate this process. 3. PP Application: The proposed preliminary plat substantially complies with the Zoning Ordinance. Special Considerations: Landsca~g; The landscape plan prepared by Harvest Design, P.C., on 11-10-05, labeled Sheet LS-lis approved with the following modifications/notes: • Provide landscape buffers along Ustick Road, Nakano Drive (adjacent to lots in Champion Park Subdivision #3) and Leslie Way as depicted. The landscape buffers along the streets shall be designed in accordance with UDC 11-3B-7. • Provide a 20-foot wide landscape buffer (and easement) along the north side of Lot 33, Block 1, to buffer the adjacent residential use. Materials within said buffer should comply with UDC 11-3B-9. • Provide landscaping in compliance with UDC 11-3B-12, adjacent to the micro-path in Lot 26, Block 1. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the fmal plat application(s). Access: The applicant is proposing to take access to this property from Leslie Way, an existing street. No access to Ustick Road is proposed. Direct lot access to Ustick Road should be prohibited via a note on the face of the final plat(s). See Exhibit B below. Champion Park Addition Subdivision RZ-OS-021/PP-OS-061/MCU-OS-004/MI-OS-015 PAGE 10 CITY OF MERIDIAN PLA1~G DEPARTMENT STAFF REPORT FOR THE HEAR~DATE OF FEBRUARY 14, 2006 House Orientation: Staff has concerns about the orientation of the houses on Lots 8, 9, and 14, Block 2. Generally, when reviewing the layout of a plat, staff likes for like yards to match (e.g. -side yard of one lot to abut the side yard of another.) With the configuration of the short cul-de-sacs in Block 2, staff recommends that the front of these lots be restricted. The house on Lot 8, Block 2, should be oriented to the south, to match the yards of Lots 7 and 9. The house on Lot 9, Block 2, should be oriented to the north, to match the yards of Lots 8 and 10. Because of the size and configuration of Lot 14, Block 2, the house shall be oriented to the east. The applicant should designate the orientation of these lots on the face of the final plat. See Exhibit B below. Fencin¢: The applicant has not proposed any fencing with this development. A detailed fencing plan should be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro-path fencing shall be designed according to UDC 11-3A-7. See Exhibit B below. Micro-paths: The micro-path in Lot 26, Block 1, shall be constructed in accordance with UDC 11-3A-8 (construction) and UDC 11-3B (landscaping). Common Areas: Maintenance of all common areas shall be the responsibility of the Champion Park Home Owners' Association. 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. 4. MCU Application: Staff believes that the proposed Conditional Use Permit Modification substantially complies with the Zoning Ordinance and will not have and adverse impact on the use on other property. Please see Exhibit D for detailed analysis of the required facts and findings for the Conditional Use Permit. Special Considerations: Site Plan: The applicant did not submit a site plan showing how the subject 11.44 acres fit in with the overall 105 acres of the development. Staff recommends that the applicant provide staff with 10 full size copies and one 8 S" x 11" copy of a revised site plan that shows the entire Parkstone/Champion Park development as proposed. Further, staff recommends that the applicant brin~py of said revised site plan to the Planning & Zoning Commission hearing- b. Staff Recommendation: Staff recommends approval of the subiect applications RZ-OS- 021, PP-OS-061, MCU-OS-004 and MI-OS-015, with the conditions listed in Exhibit B of the Staff Report for the hearing date of Januarv 5 2006. Champion Park Addition Subdivision RZ-OS-021/PP-OS-061/MCU-OS-004/MI-OS-015 PAGE 11 CITY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 14, 2006 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: 9-29-OS) 2. Landscape Plan (dated: 11-10-OS) 3. Site Plan (dated: 1-4-06) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department C. Rezone Legal Descriptions D. Required Findings from Zoning Ordinance Champion Park Addition Subdivision RZ-OS-021/PP-OS-061/MCU-OS-004/MI-OS-015 PAGE 12 CITY OF MERIDIAN PLANNIIQG DEPARTMENT STAFF REPORT FOR THE HE~ATE OF FEBRUARY 14, 2006 A. Drawings 1. Preliminary Plat (dated: 9-29-OS) ft , ~ Q '~~vH..~ ua.~..vo ssrr~luM. u_ul~F'P~$1 ~'4'S r~ r,: yi -__.. '%'-'yw A' __.~T -3 a Q~~ ~~9 i~ ^ 9~~ Ano •`ViR/~~i.Y H~Td N~Id~~ q~ ~~ J~ 3'r ~ , ,Rya ~~~~ ~ : ~ a ry ~-i~® ~~~~4~~~~~~~ ~ ~ ~ '~ 6z ~~~~~ffi~~~~~~~ I I ;; (~4~il~•"~i~ bq i 1 ~I~ ~ ~~~!°~5 E > c~~~~ ~ 1 ~ ~ ~ ~~ ~1 I ~~ ~~y ~ ~ I ~ 1 ~ ~ ~~ ~~ ~ 1 9q s~~E , ~l ~+ ~~~ ~~~ `p~w~ o ?, `g a ~~ ~ Exhibit A -Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14, 2006 2. Landscape Plan (dated 11-10-OS) K w h E Exhibit A -Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14, 2006 3. Site Plan - (dated 1-4-06) ~~ ~ ~~g~~~~ ~~~~~~ ~~~~~e~a E~d~ •,; Exhibit A -Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HE G DATE OF FEBRUARY 14, 2006 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIItEMENT5-PRELIMINARY PLAT (PP-OS-061) 1.1.1 The preliminary plat labeled as PRE Sheet 1 of 1, prepared by Engineering Solutions, LLP, dated September 29, 2005 (revised 10-20-OS) is approved, with the conditions listed herein. All comments and conditions of the accompanying Rezone (RZ-OS-021) application, Miscellaneous (MI-05-015) application, and Conditional Use Permit (MCU-OS-004) application shall also be considered conditions of the Preliminary Plat (PP-OS-061). 1.1.2 The landscape plan prepared by Harvest Design, P.C., on 11-10-05, labeled Sheet LS-lis approved with the following modifications/notes: • Provide landscape buffers along Ustick Road, Nakano Drive (adjacent to lots in Champion Park Subdivision #3) and Leslie Way as depicted. The landscape buffers along the streets shall be designed in accordance with UDC 11-3B-7. • Provide a 20-foot wide landscape buffer (and easement) along the north side of Lot 33, Block 1, to buffer the adjacent residential use. Materials within said buffer shall comply with UDC 11-3B-9. • Provide landscaping in compliance with UDC 11-3B-12, adjacent to the micro-path in Lot 26, Block 1. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). 1.1.3 The future house on Lot 8, Block 2, shall be oriented to the south, to match the yards of Lots 7 and 9. The future house on Lot 9, Block 2, shall be oriented to the north, to match the yards of Lots 8 and 10. Because of the size and configuration of Lot 14, Block 2, the future house shall be oriented to the east. The applicant shall designate the orientation of these lots on the face of the final plat. r~ b r..=. 1.1.4 '~''' '' ` '' °` °'' '+'' +''' a° °'°„ °"~ The apAlicant has volunteered to construct a 6-foot tall vinyl fence along the east uronerty line. A detailed fencing plan should be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro-path fencing shall be designed according to UDC 11-3A-7. 1.1.5 The micro-path in Lot 26, Block 1, shall be constructed in accordance with UDC 11-3A-8 (construction) and UDC 11-3B (landscaping). 1.1.6 Maintenance of all common areas shall be the responsibility of the Champion Park Home Owners' Association. Exhibit B -Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 14, 2006 1.1.7 Place a note on the face of the final plat(s), stating that direct lot access to Ustick Road is prohibited. 1.1.8 Underground, pressurized irrigation must be provided to all lots within this development. 1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT (PP-OS-061) 1.2.1 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application(s). 1.2.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.3 All areas approved as open space shall be fi~ee of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 1 i-3B. 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 incorporat~l 'onto the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACFID, City of Meridian and all other regulatory requirements at flee time of final construction. 1.2.4 Caxordinate fire hydrant placement with the City of Meridian Public Works Department. i.2.~ Staffs failure to cite specific ordinance provisions or terms of the approved. annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 1.3 SITE SPECIFIC REQUIREMENTS -CONDITIONAL USE PERMIT (MCU-OS-004) ~7f 77 ~ a ~4 41...4 1....~... 41. 4: «. 3 1=1-18 €nll si~®-espies ~ e~8~~~ 11 EePy--a€-a~:isa~s=~~~ c-~a 7 7 1.3.2 All comments and conditions of the accompanying Rezone (RZ-OS-021) application, Miscellaneous (MI-OS-015) application and Preliminary Plat (PP-OS-061) application shall also be considered conditions of the Conditional Use Permit (MCU-OS-004). 1.3.3 All future use(s) on Lot 34, Block 1, shall obtain Conditional Use Permit approval prior to construction and operation. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via of mains in N. Leslie Way that were installed with a previous phase of Champions Park. The applicant shall install all mains Exhibit B -Page 2 CITY OF MERIDIAN PLANG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14, 2006 necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub- grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in Champions Park Subdivision. The applicant shall be responsible to install all water mains necessary to serve this development, coordinate main size and routing with Public Works. 2.3 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 evidence of a license agreement shall be submitted prior to scheduling of apre-construction meeting. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3B6). 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 All existing structures that do not meet setback requirements or zoning ordinance shall be removed prior to signature on the fmal plat by the City Engineer. 2.b 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 maybe used for non- domestic purposes such as landscape irrigation. 2.7 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. 2.8 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. 2.9 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. 2.10 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 fmal plat per Resolution 02-374. 2.11 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. 2.12 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe 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 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14, 2006 2.14 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.15 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. 2.16 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. 2.17 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. Fire Department 3.1 One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 3.5 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. 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 face of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. Exhibit B -Page 4 CITY OF MERIDIAN PLANN~G DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14, 2006 3.8 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. 3.9 The proposed 48-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 139 residents at build out. 3.10 Maintain a separation of 5' from the building to the dumpster enclosure for the commercial buildings. 3.11 Provide a Knox box entry system for the complex prior to occupancy. 3.12 The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please contact Vicki Heugly at 898-5500 to address this concern prior to the public hearing. 3.13 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.14 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. 3.15 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). ~ For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). • For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. Police Department 4.1 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 5. Parks Department 5.1 No comments. 6. Sanitary Service Company 6.1 SSC has no comments related to this application. 7. Ada County Highway District 7.1 Dedicate a total of 48-feet ofright-of--way from the centerline of Ustick Road abutting the parcel. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to Exhibit B -Page 5 CITY OF MERIDIAN PLA~ G DEPARTMENT STAFF REPORT FOR THE HEA~ DATE OF FEBRUARY 14, 2006 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 owner will be paid the fair market value of the right-of--way dedicated which is an addition to existing ACHD right-of--way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #200), if funds are available. 7.2 Construct a 5-foot concrete sidewalk located a minimum of 41-feet from the centerline of Ustick Road. 7.3 Construct the internal streets as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks within 50-feet ofright-of--way, as proposed. 7.4 Construct two cul-de-sac turnarounds without center islands within the subdivision, as proposed. Construct the turnarounds to provide a minimum turning radius of 45-feet. 7.5 Construct one knuckle without a center island, as proposed. 7.6 Construct a 30-foot wide shared curb return type driveway that intersects Leslie Drive approximately 140-feet north of Ustick Road to serve Lot 33 and Lot 34 of Block 1, as proposed. Pave the driveway its full width and at least 30-feet into the site beyond the edge of Leslie Drive. 7.7 Place a note on the final plat stating that direct lot access is prohibited on Ustick Road. 7.8 Comply with all Standard Conditions of Approval. 8. Central District Health Department 8.1 After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito breeding problem. 8.4 It is recommended that storm water be pre-treated prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Exhibit B -Page 6 CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR THE HEAR~DATE OF FEBRUARY 14, 2006 C. Rezone Legal Descriptions . _ IDAHO taco ~~cav~ st s~~ cw I~ SURVEY rt~rm~,, ta~na e~ba2 ~R®UP t; _~ ~ tm~Q ia.~ay tla~s~m - - -- -- -- -- fax (~) &134~53~ Peaposed ~ 7.one Proposed Cltatnplon Park Addition A parcel of load being a portion of the SE'/, of Section 32, Township 4 North, Range 1 East, B.1Vl., Meridian, Ada County, ldalo, more particuta~ly describai as f®llows: Commencing at the !a corner common to the said Section 32 and Section 5, Township 3 North, Range 1 Fast:, lf.M., fmrrr whieh the SW corner of said Section 32 bears North 89°43' 17" East, 2655.40 fact; thence along the s©uih ties of the SE'/a of said Section 32 North 89°44'0$" Fgst, 1124.23 fc~t, thence ATOrth 40° 15'56" west, 200.ti8 feet to the REAi;. PUr11VT Q)H' )aEGt14fi1llNG. Thence continuing North 00°15'S6" Wrest, 56.25 feet to a point of cursatnre; Thanes 41.48 feet along the arc of a curve to the left said curve having a eadius of 300.04 Feet, a delta angle of 07°55'2?", and a long chord bearing North 44°13'38" West, 41.45 feet to a point of tangency, Thence North OS°1 i'19" tNest, 82.77 feet to a mint ofcutvature; Thence 7.{}7 feet along Ure arc of a curve to the 1e11, said curve having a radius of 166.44 feet, a delta ang3e of 42°26'24", and a long chord bearing North 49°24'28" West, 7.47 feet; Thence North 74°15' 19" East, 61.88 feet to a point of eurvattm:; Thence 21.16 feet along the arc of a curve to the tet3, said curare having a radios of 50.40 feet, a delta angle of 24° 14'36", artd a long chord bearing North 62°48'01" fiast, 21.40 feet; Thence South 39°59'17" East, 25.00 feet; Thence North 89°58'28" East, 126.83 feet tp a point on the East line of mid SE 1/4 Thence along said line South 00°41'32" East, 193.99 feet; Thence Sonih 90°00'00" West, 204.84 feet to the POINT ©~' BEGINNIPIG. Containing 0.95 acres, most or less. _ ~~~- 5091404914-cn.dnc ;~E ..~~~;si+~r~z.t 9_ara~ Laic v~ls~t° Exhibit C -Page 1 CITY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE HEA)~ DATE OF FEBRUARY 14, 2006 ~~ _ _ - IDAt-BO F SURVEY GRAUP ,- 1450 Eric W'acertower Sc, Suite IS0 6`7®redian, Idaho 83fi42 Phaae2 (208j 84&-8570 _ _ _ Fax ~~ t~4.5344 4Jctober 2S, 2005 PrmPosed CG 7.one Propd ChanepEoo Panic A~ddltioB A parcel of land being a portion of the SE ~!, of Section 32,1"oRrnahip 4 North, Range 1 ~aat,13.M., Meridian, Ada ~ourrt}+, Idaho, moae particularly descrilsed as follows: ~'onr~ncnciug at the °,~ comer common to the said Bastion 32 amt Section. S, Township 3 North, Range 1 EaaY, Bd,M., from ~.=lrict~ the S1rV cnraer of said Syrian 32 beano North 84°43' 17" East, 2655.40 feet; thence along the south line of the SE %a of said Section 32 North 89°44'04" East, 1124.23 feet to the liEA>~ P[)1NT QF BEG~I!~MI~G. Thence North 00°15'56'° Vilest, 200.68 feet; Thence North 90°QO'0~0" East, 204,84 feet to a ptoir-t an the East line oCsaid SL 114; T'hc7tce along said lice South 01~~01'32" East, 199.73 feet ~ the East 1 f16 corner common to Section S and the said Section 32; 'Thanes along the sQUth line of the SE f/, of said Seefion 32, South 84°44'04" ~'Uest, 204.00 feet to the PQIIIT OF ~EGDl1TL111IYG, Containing 0.94 acres, more or leas. 50914150914-cg.doc ~e•~~Is~;~r~n~fl ~~~ec~ m~L.rv~~°rr:. Exhibit C -Page 2 CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR THE HEAR~DATE OF FEBRUARY 14, 2006 a siaEV, a~T[dffid' 7 OR ~Q~~a ~~~~~~~~ -®.~ aro+m •idMditlC{ vQr ~ ~ 'lily `74'81 `Nb1 'E: '~ b/6 ~ ~ ~$ ~~ $~ •x~a~ ~ ~ ~ ~ ~ ~ t~ r 1 ~~ N ~ c ~Yr '~ ~4'aVy J I I ~'"' ~~ ~ `V ae~ !~ i ~tN -~ a ~`~c7 _. ~~~ ~^ ~~ 4W °~- `~- in ~ r n Z ~ Z C.9 rs ~~ , a~ (° cs ®® m ~~~ ~_~ ~4$ ern ~ n ~3a~~m °^ s~ 1~ N dam N ~~ ~~~ N O ~ fll O O Exhibit C -Page 3 CITY OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE HEAL DATE OF FEBRUARY 14, 2006 D. Required Findings from Zoning Ordinance 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone 0.95 acres to C-N and 0.94 acres to C-G. These areas were previously approved by the City for commercial use as a use exception with CUP- 02-049. Although the proposed zoning map amendment does not comply with the current Future Land Use Map, the Council finds that this area be zoned commercial to reflect the previous use exception approval. Further, at the North Meridian Area Comprehensive Plan Amendment hearing on January 17, 2006, staff will be asking the Council to amend the Future Land Use Map to reflect the commercial designations of these properties. The Council finds that the proposed map amendment will comply with all other applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that there are several uses that are allowed and conditionally allowed within the requested zoning districts of C-N and C-G. If the applicant complies with the conditions outlined in the modified development agreement, the modified conditional use permit and the proposed preliminary plat, the Council fmds that the proposed commercial lots/districts will be in compliance with the regulations outlined in each specific district. The accompanying plat, conditional use permit and proposed development agreement modifications, demonstrate that the land will be developed with lot sizes, uses and other dimensional requirements that conform to the proposed zoning designations. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council fmds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council fmds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (iTDC 11-5B-3.E). The C-N and C-G zoning amendments will provide commercial lots that are similar in nature to existing and proposed commercial development in the vicinity. The Council fmds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Exhibit D -Page 1 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 14, 2006 Comprehensive Plan. In accordance with the findings listed above, the Council fords that Re-zoning of this pro e~rty to C-N and C-G would be in the best interest of the Cites 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: 1. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan, and the land use designation change proposed for this property with the North Meridian Area Comprehensive Plan Amendment. The Counicl supports the proposed plat layout and proposed density as they comply with the provisions of the Comprehensive Plan and the UDC. 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 Council finds that public services are available to accommodate the proposed development. (See finding Items 3 and 4 above under Rezone Findings for more details.) 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 cost, the Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Council fords that supporting services are available to support the proposed development. The Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this fording. (See fording "Items 3 and 4 above under Annexation Findings above, and the Agency Comments and Conditions in Exhibit B for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and The Council is not aware of any health, safety or environmental problems 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. 6. The development preserves significant natural, scenic or historic features. The Council is unaware of any natural, scenic or historic features on this site. Therefore, the Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of maj or importance. Exhibit D -Page 2 CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR THE HEAR~DATE OF FEBRUARY 14, 2006 2. CUP Findings: The Commission shall base its determination on the Conditional Use Permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the distract in which the use is located. The Council fmds that the site is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the UDC. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Council finds that the proposal meets the objectives of the Comprehensive Plan as listed in Section 8 of this report. See Rezone Findings #1 and 2 above. 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 Council fmds that the design, construction, operation and maintenance of the single- family attached and detached uses will be compatible with other uses in the general neighborhood and with the existing and intended character of the vicinity as to not adversely change the character of the area. Specific uses are not proposed within the C-N and C-G lots at this time. The applicant is constructing a 20-foot wide land use buffer between the C-N zoned lot and the residentially zoned lots to the north, staff finds that the future operation of a commercial business on this lot should be compatible with the neighborhood (provided the applicant complies with all UDC provisions.) Because the proposed C-G zoned lot is a general retail and service commercial lot that is on a highly visible intersection, the Council is requiring that any and all future use(s) on the two commercial lots be required to obtain CUP approval prior to construction and operation. Future building heights, parking layouts, landscape buffer widths and other dimensional standards will be analyzed with future applications to ensure compliance with the UDC. 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 Council fmds that the proposed development will not adversely affect other property in the vicinity if the applicant complies with all Preliminary Plat, Development Agreement and CUP conditions and constructs all improvements and operates the use in accordance with the UDC standards. 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 Council fmds that sanitary sewer, domestic water and irrigation are available to the subject property. Please refer to other comments prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Company and ACRD. 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. Exhibit D -Page 3 CITY OF MERIDIAN PLANN~G DEPARTMENT STAFF REPORT FOR THE HEAR~DATE OF FEBRUARY 14, 2006 The Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay highway impact fees. 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 Council fords that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. The Council does not believe that the amount of traffic or noise generated will be detrimental to the general welfare of the public. 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 Council fords that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. Exhibit D -Page 4 February 10, 2006 MI 05-015 MERIDIAN CITY COUNCIL MEETING February 14, 2006 APPLICANT Hillview Development Corporation ITEM NO. 18 REQUEST Public Hearing -Miscellaneous Request to modify the recorded development agreement for Parkstone Subdivision (AKA Champion Park Subdivision) -north of Ustick Road and west of 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: COMMENTS See attached Recommendaftons / Findings No Comment No comment No comment MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials present®d at public meefings shall become property of the CNy of Meddlan. • ~ RECEIVEr CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER City ~° ~e~ than Cit~a~t~~~_i~ce ~~ ='~~ ~~ + r~.wd.~ p~ ~~~ *.~a. ;~.~ , _ t~, In the Matter of Re-zoning 1.89 acres from R-8 to C-G (General Retail and Service Commercial)(0.94 acres) and C-N (Neighborhood Business)(0.95 acres) AND Preliminary Plat approval request for 48 single-family residential building lots (24 attached and 24 detached), 2 commercial lots and 4 common lots on 11.44 acres AND Conditional Use Permit approval to modify CUP-02-049 by removing the proposed mini-storage use and replacing that with attached and detached single-family dwellings AND Miscellaneous request to modify the recorded Development Agreement for Champion Park Subdivision (F.K.A. - Parkstone Subdivision), by Hillview Development Corporation. Case No(s).: RHOS-021, PP-OS-061, MCU-OS-004, and MI-05-015 For the City Council Hearing Date of: February 14, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 14, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 14, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 14, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 14, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CA5E NO(S). RZ-OS-021 / PP-OS-061 /MCU-OS-005 / MI-OS-015 -PAGE 1 of 5 The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, Site Plan, and the Conditions of Approval all in the attached Staff Report for the hearing date of February 14, 2006 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 September 29, 2005 is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated January 4, 2006 is hereby conditionally approved; and, 3. The following modifications to site specific conditions were made at the City Council hearing: a. None. 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of February 14, 2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. 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, CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-OS-021 / PP-OS-061 / MCU-OS-005 / MI-OS-015 -PAGE 2 of 5 and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditions use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-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. 2. 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 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-OS-021 / PP-OS-061 / MCU-OS-005 / MI-OS-015 -PAGE 3 of 5 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 February 14, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-OS-021 / PP-OS-061 / MCU-OS-005 / MI-OS-015 -PAGE 4 of 5 i By action of the City Council at its regular meeting held on the 2006. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD DATED: ~ ` ~ ~~~~ day of VOTED_ (o~~~ VOTED_ f~~~-~ VOTED_Z~~~~ VOTED_ I~~~v VOTED ~ MOTION: APPROVED: ~ DISAPPROVED: °°°` `` sy,~a U r,e '~1 `~.v~,`~ : ,~ , de WEERD ATTEST: ~ . o ~~ ~9 a~ ~ ~ ~ ~ 4 WILLIAM G. BERG, JR., ITY CLE ~, ~ ~~~ °~ ~`~``~ ~ • ~r~'`,',''N---rn eeHtN°°°°°°°, Copy served upon: Applicant Manning Department ~ublic Works Department i° City Attorney B Dated: o~' ~ ~J'®~i ity Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-OS-021 / PP-OS-061 / MCU-OS-005 / MI-OS-015 -PAGE 5 of 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14, 2006 STAFF REPORT Hearing Date: 2/14/2006 TO: Mayor and City Council FROM: C. Caleb Hood, Current Planning Manager Meridian Planning Department 208-884-5533 ~; ~r~°~~~~ ~~~ . ,gym ,, ~, ~. ~~. ~e9t~ SUBJECT: Champion Park Addition Subdivision RZ-OS-021 Rezone of 1.89 acres from R-8 to C-G (General Retail and Service Commercial)(0.94 acres) and C-N (Neighborhood Business)(0.95 acres). PP-OS-061 Preliminary Plat approval of 48 single-family residential building lots (24 attached and 24 detached), 2 commercial lots and 4 common lots on 11.44 acres. MCU-OS-004 Conditional Use Permit (CUP) approval to modify CUP-02-049 by removing the proposed mini-storage use and replacing that with attached and detached single-family dwellings. MI-OS-015 Miscellaneous request to modify the recorded Development Agreement for Champion Park Subdivision (F.K.A. - Parkstone Subdivision.) 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Hillview Development Corporation, has applied for Re-zoning of 1.89 acres from R-8 (Medium-Density Residential) to C-G (General Retail and Service Commercial) for 0.94 acres and C-N (Neighborhood Business) for 0.95 acres; Preliminary Plat and Conditional Use Permit approval of 48 single-family building lots, 2 commercial building lots, and 4 common lots on 11.44 acres; and a Miscellaneous request to modify the existing development agreement for this property. The site is located on the north side of Ustick Road, approximately 1,300 feet west of Eagle Road. This site is currently vacant. The site has not been previously fmal platted, but was a part of the original Champion Park (a.k.a - Parkstone) Subdivision. The subject property is within the Urban Service Planning Area and within the current city limits. 2. SUMMARY RECOMMENDATION The Meridian Planning and Zoning Commission heard the item on January 5, 2006. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Becky McKay (applicant's representative) ii. In opposition: Tom Davis iii. Commenting: Jonathan Seele iv. Staff presenting application: C. Caleb Hood v. Other staff commenting on application: Ted Baird b. Key Issues of Discussion by Commission: i. Land use buffer widths. ii. Requiring CUP's for uses on the 2 proposed commercially zoned lots. c. Key Commission Changes to Staff Recommendation: Champion Park Addition Subdivision RZ-OS-021/PP-OS-061/MCU-OS-004/MI-OS-015 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14, 2006 i. Remove the 4"' bullet on Page 9 of the Staff Report which required only one of the two proposed commercial zones to obtain CUP approval in the future. The Commission voted to require both commercial lots to obtain CUP approval, as currently required by the existing DA. ii. At the January 5~', Commission hearing the applicant volunteered to construct a 6-foot tall vinyl fence along the east pro e~rty line. The applicant also a eed to include a clause within the future purchase agreements with the property owners of the lots within Champion Park Addition, making_potential buyers aware of the commercial zoning and future uses to the east. The fencingprovision has been added to the Conditions of Approval (Condition 1.1.4) in Exhibit B. Staff supports the applicant's proposal to make future lot owners aware of the CentrePointe commercial development to the east, but staff has not included a requirement for the applicant to include a disclosure statement in the future purchase and sale agreements. A condition of this nature would be impossible for staff to track and enforce. d. Outstanding Issue(s) for City Council: i. None. The subject applications (RZ, PP, MCU, and MI) were submitted to the Planning Department for concurrent review. Generally, the Planning & Zoning Commission is the final decision making body on a Conditional Use Permit. However, because the City Council is the final decision making body on the Rezone, Miscellaneous and Preliminary Plat applications, all of the subject applications are being combined into one staff report. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested applications. The Planning & Zoning Commission is recommending approval of the proposed Champion Park Addition Subdivision (RZ-OS-021, PP-OS-061, MCU-OS-004 and MI- OS-015) with the conditions listed in Exhibit B of the Staff Report. 3. PROPOSED MOTION (to be considered after the public hearing) Approve After considering all staff, applicant and public testimony, I move to approve File Numbers RZ- OS-021, PP-OS-061, MCU-OS-004 and MI-OS-015, as presented in staff report for the hearing date of February 14, 2006 with the following modifications: (Add any proposed modifications.) Deny After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-OS-021, PP-OS-061, MCU-OS-004 and MI-OS-015, as presented in the staff report for the hearing date of February 14, 2006 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.) Continue After considering all staff, applicant and public testimony, I move to continue File Numbers RZ-OS-021, PP-OS-061, MCU-OS-004 and MI-OS-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: North side of Ustick Road, approximately 1,300 feet west of Champion Park Addition Subdivision RZ-OS-021/PP-OS-061/MCU-OS-004/MI-OS-015 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAA•DATE OF FEBRUARY 14, 2006 Eagle Road, at the northeast corner of Ustick Road and Leslie Way / 4N1E32 b. Owner: Hillview Development Corporation 150 E. Aikens Street, Ste. A Eagle, ID 83616 c. Applicant: Hillview Development Corporation 150 E. Aikens Street, Ste. A Eagle, ID 83616 d. Representative: Becky McKay, Engineering Solutions, LLP e. Present Zoning: R-8 f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: The applicant is requesting approval of a 54-lot development that includes 48 single-family buildable lots, 2 commercial lots and 4 common lots on property that was originally approved by the City for mini-storage units and commercial businesses. The applicant is proposing to modify the original approvals and overall site plan by changing this phase of the development from commercial mini-storage to primarily residential. The applicant is proposing an even mix of single-family attached and detached lots in this amended phase of the development. All of the proposed residential lots conform to the dimensional standards of the R-8 zone. The average lot size in the proposed development is 6,887 square feet. The gross density of Champion Park Addition is 4.77 dwelling units per acre. Less than 2% of the area being developed in this phase is being set aside for open space. However, 11 % of the total Champion Park development is being set aside for open space. 1. Date of preliminary plat (attached as Exhibit A): 9/29/05 (Revised 10-20-OS) 2. Date of landscape plan (attached as Exhibit A): 11/10/OS h. Applicant's Statement/Justification: The proposed Champion Park Addition is currently zoned R-8 and was approved as a planned development that included attached and detached single- family housing, four office lots, two commercial lots, and one mini-storage lot. The portion of the project formerly proposed as amini-storage lot is now being proposed as Champion Park Addition, with 24 single-family detached lots and 24 single-family attached lots. We are concurrently submitting a request for preliminary plat, rezone of the two commercial lots to C- Gand C-N as requested by staff, and a modification of the development agreement and conditional use permit. No variances are being requested for this project. Rezone to C-N is requested fora 0.95 acre lot and rezone to C-G is being requested fora 0.94 acre lot, as requested and approved in the original development agreement for the overall project. The remaining 7.57 acres will remain zoned R-8 and be platted as a residential development. As the property to the east is designated Mixed Use-Regional, no buffer is proposed adjacent to the commercial lots. We ask that the Findings of Fact and Conclusions of Law and Orders for the previous approval be amended as necessary to reflect the above changes (please see Applicant's Submittal Letter.) Champion Park Addition Subdivision RZ-OS-021/PP-OS-061/MCU-OS-004/MI-OS-015 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEADATE OF FEBRUARY 14, 2006 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 6, a public hearing is required before the City Council on this matter. c. The subject application will in fact constitute a conditional use permit 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. Miscellaneous applications are not currently addressed in Title 11 of the Meridian City Code. It has been determined by the City's Legal Department that a miscellaneous application to amend a recorded development agreement will in fact require a public hearing before the City Council. e. Newspaper notifications published on: December 19, 2005 and January 2, 2006 (for P & Z Commission hearing) and January 23 and February 6, 2006 (for City Council hearing.) f. Radius notices mailed to properties within 300 feet on: December 19, 2005 (for P & Z Commission hearing) and January 20, 2006 (for City Council hearing.) g. Applicant posted notice on site by: December 26, 2005 (for P & Z Commission hearing) and February 3, 2006 (for City Council hearing.) 6. LAND USE a. Existing Land Use(s): The subject property is currently vacant. b. Description of Character of Surrounding Area: The property to the north has been platted as a residential phase of Champion Park. To the west, across Leslie Way, are future office lots and a City Park in Champion Park. To the east are C-G zoned properties (Blue Marlin/future Kohl's site) and a 5-acre parcel currently zoned RUT in Ada County. To the south, across Ustick Road, is Carol Subdivision. Carol Subdivision consists of 1-acre parcels. Some of the lots in Carol Subdivision are zoned R-2 in Meridian, some are zoned Rl in Ada County. This area is rapidly transitioning from rural to urban. c. Adjacent Land Use and Zoning: 1. North: Single-family residential, Champion Park Subdivision, zoned R-S 2. East: Currently vacant, future commercial development, zoned C-G; existing Ada County residence on 5-acres, has applied for annexation to C-G 3. South: Rural residential, Carol Subdivision, zoned Rl (Ada County) and R-2 (City) 4. West: City Park and future office lots in Champion Park Subdivision, zoned R-8 d. History of Previous Actions: In 2003, the City approved an annexation, preliminary plat and a conditional use permit for a mixed use planned development on 104.77 acres called Parkstone Subdivision (AZ-02-033, PP-02-033 and CUP-02-049). Phases within Parkstone Subdivision have final platted with the name Champion Park. 'The subject 11.44 acres is part of the original Parkstone/Champion Park development. Two commercial lots and 1 mini- storage lot were originally planned for this area. Champion Park Addition Subdivision RZ-OS-021/PP-OS-061/MCU-OS-004/MI-OS-015 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14, 2006 e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: Extension of mains in N. Leslie Way. Location of water: Extension of mains in N. Leslie Way. Issues or concerns: None. 2. Vegetation: There are no existing trees on this property that need to be mitigated for. 3. Floodplain: N/A 4. Canals/Ditches Irrigation: There are no open canals or ditches that cross the subject site; the ditches have previously been piped. 5. Hazards: Staff is not aware of any hazards associated with this property. 6. Proposed and Existing Zoning: R-8 (Medium-Density Residential)(9.55 acres); C-G (General Retail and Service Commercial)(0.94 acres) and C-N (Neighborhood Business)(0.95 acres). 7. Size of Property: 11.44 acres f. Subdivision Plat Information: 1. Residential Lots: 48 2. Non-residential Lots: 2 3. Total Building Lots: 4. Common Lots: 4 5. Other Lots: 0 6. Total Lots: 54 7. Gross Density: g. Landscaping 50 4.77 units per acre (net 6.11 d.u./acre) 1. Width of street buffer(s): A 25-foot wide street buffer is required along Ustick Road, an arterial street (UDC 11-2B-3). A 10-foot wide street buffer is required along Leslie Way (UDC 11-2B-3). Street buffers are not required adjacent to the other, internal streets. 2. Width of buffer(s) between land uses: A 20-foot wide land use buffer is required between C-N zoned properties and residential uses (UDC 11-2B-3). The applicant is proposing to construct a 20-foot wide landscape buffer between proposed C-N zoned lot and the residential lots to the north. 3. Percentage of site as open space: For the entire Champion Park/Parkstone development over 11 % of the site is being set aside for open space. 0.29 acres/2.5% (including street buffers) and 0.57 acres/0.49% (excluding street buffers) of the subject 11.44 acres is being set aside for open space. 4. Other landscaping standards: Landscaping adjacent to micro-paths should comply with UDC 11-3B-12. h. Amenities: City park that includes bathrooms, a tot lot, a parking lot, micro-paths, useable open Champion Park Addition Subdivision RZ-OS-021/PP-OS-061/MCU-OS-004/MI-OS-015 PAGE 5 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14, 2006 space. i. Off-Street Parking: UDC 11-3C-6.A requires single-family detached dwellings to have a 2 enclosed parking spaces (a garage) and a 20' x 20' parking pad in front of each garage. In all commercial districts, UDC 11-3C-6.B requires one off-street vehicle parking space for every 500 square feet of gross floor area. j. Proposed and Required Residential Standards: R-8 Setbacks (in feet) Proposed Required Front Living Area (to sidewalk) 15 15 Side Accessed Garage (to sidewalk) 15 15 Front Accessed Garage (to sidewalk) 20 20 Side 4 4 Rear 12 12 Frontage (garage facing street) 50 50 Frontage (alley loaded garage) N/A 40 Lot Size (garage facing street) 5,000 5,000 Lot Size (alley loaded garage) N/A 4,000 k. Proposed and Required Non-Residential: C-N Setbacks (in feet) Proposed Front 20 Interior Side 0 Rear 25 Maximum Building Height 35 C-G Setbacks (in feet) Proposed Front 0 Interior Side 0 Rear 0 Maximum Building Height 65 Required 20 0 25 35 Required 0 0 0 65 1. Summary of Proposed Streets and/or Access: Leslie Way currently exists adjacent to the site's western boundary and intersects Ustick Road. The applicant is not proposing any new accesses to Ustick Road. Direct lot access to Ustick Road for Lot 34, Block 1, should be prohibited. The internal streets are proposed as local streets with a 36-foot wide street section (measured back of curb to back of curb) with 5-foot wide attached sidewalks. Staff is Champion Park Addition Subdivision RZ-OS-021/PP-OS-061/MCU-OS-004/MI-OS-015 PAGE 6 • o CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14, 2006 supportive of the proposed street system. As of the print deadline for this report, ACRD has not provided the City with detailed analysis and conditions for this project. Staff anticipates having ACHD's site specific conditions prior to the City Council hearing and will incorporate those conditions into Exhibit B prior to sending the City Council report to print. 7. COMMENTS MEETING On December 16, 2005, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain between three and eight dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 48 single-family lots for a gross density of 4.77 dwelling units/acre. NOTE -The 1.89 acres proposed for commercial zoning was previously approved by the City as a use exception to CUP-02-049. In discussions with the applicant, staff requested that the applicant submit an application to rezone the subject commercial areas, to match the previously approved commercial land use designation. The proposed commercial area is adjacent to land designated "Mixed Use - Regional" on the Future Land Use Map that is already zoned C-G. Although the proposed zoning map amendment does not explicitly comply with the current Future Land Use Map, staff believes that the Map is a guide and the subject area also meets the intent of the Mixed -Use designation and is eligible for a commercial zone. For these reasons, staff is recommending that this area be zoned commercial. Further, at the North Meridian Area Comprehensive Plan Map Amendment hearing on January 17, 2006, staff will be asking the Council to amend the Future Land Use Map to reflect the commercial zoning/uses of these properties. Chapter VI, Goal II, Objective A, Action 3 -Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Wallcing in all land-use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications comply with the policies listed in the literature noted above. Chapter VI, Goal II, Objective A, Action 6 -Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The applicant is proposing a loop street system within this phase of the development. Two new street connections to the existing Leslie Way are proposed. The properties to the east are anticipated to contain commercial businesses. Staff believes that a public street connection to the east should not be required. However, to enhance pedestrian connectivity in the area, staff is supportive of the proposed pedestrian connection to the property to the west. Chapter VI, Goal II, Objective A, Action 13 -Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. Champion Park Addirion Subdivision RZ-OS-021/PP-OS-061/MCU-OS-004/MI-OS-015 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEA DATE OF FEBRUARY 14, 2006 See analysis above. Chapter VI, Goal II, Objective A, Action 5 -Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The applicant is proposing to construct 5 foot wide attached sidewalks adjacent to the internal streets. The applicant is also proposing to construct a micro path to the future commercial area to the east. Chapter VII, Goal IV, Objective C, Action 6 -Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. See analysis above. Chapter VII, Goal I, Objective D, Action 9 -Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. Prior to house construction, fencing should be constructed around the perimeter of this site. Chapter VII, Goal IV, Objective D, Action 2 -Restrict curb cuts and access points on collectors and arterial streets. No access to Ustick Road is being proposed; direct lot access to Ustick Road should be prohibited. 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 20 foot wide land use buffer between the proposed C-N zoned lot and the existing R-8 zoned property to the north. One of the properties to the west is currently zoned C-G (Blue Marlin). When the commercial property(ies) to the east develop, the City should require a land use buffer be constructed on that site to protect the subject residential lots from the commercial use(s). If land use buffers are constructed in accordance with the UDC, staff finds that the proposed residential and commercial uses should be compatible with each other. Staff believes that the proposed density and zoning for this property is appropriate. 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 zoning and development request is appropriate for this property. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: Meridian City Code 11-2-A-21ists single-family attached and detached homes as permitted uses in the R-8 zoning district. Please see Meridian City Code 11-2B-2 for a list of permitted, conditional and prohibited uses in the C-N and C-G zones. b. Purpose Statement of Zones: R-8 Medium-Density Residential: The purpose of the residential districts is to provide for Champion Park Addirion Subdivision RZ-OS-021/PP-OS-061/MCU-OS-004/MI-OS-015 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 14, 2006 a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. C-N and C-G: The purpose of the Commercial District is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. c. General Standards: All of the proposed lots comply with the standard lot size and street frontage requirements of the R-8, C-N and C-G zones established in the UDC. No dimensional modifications are being requested for the proposed development. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 1. RZ Application: Based on the previous approval of CUP-02-049, which allowed two commercial lots in this area as a use exception to the Parkstone/Champion Park development, staff believes that the requested C-N and C-G zones are appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings for the rezone. The rezone legal descriptions submitted with the application (stamped on October 28, 2005 by D. Terry Peugh, PLS) shows the properties are within the existing corporate boundary of the City of Meridian. 2. MI Application: UDC 11-5B-3.D.2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Hillview Development Corporation, the current owner and developer, has previously entered into a development agreement with the City and is requesting that certain sections of said recorded development agreement be modified to reflect the proposal to construct additional residences rather than amini-storage facility. The development agreement for this property was record on May 23, 2003 as Instrument No. 10385229. Staff recommends that the Commission and Council direct the City's Legal Department to draft modifications to the recorded development agreement for Parkstone Subdivision as follows: • Page 4, Item 41 - "Construction and development for a Planned Development consisting of ~ 299 single-family detached building lots, 52 76 townhouse/patio home lots, 4 office lots, 2 commercial lots, 1 mini-storage Dot, 1 pocket park, 1 City "Neighborhood° Park, and 32 common lots." • Pages 5-9, Item B -Add the Ada County Highway District's conditions for this phase of the development to this section. Champion Park Addition Subdivision RZ-05-021/PP-OS-061/MCU-OS-004/MI-OS-015 PAGE 9 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14, 2006 • Page 12, Item G -Add the new case numbers for the subject Conditional Use Permit (MCU-05-004), Preliminary Plat (PP-05- 061)and Miscellaneous application (MI-05-015) to this section. ~. ,.q..., .,...y ... ..,. ...~.... .., . ._... _.. . .- -- r fnr I n• '24 RInnL ~ • +nrl i nr nnn ~inn ~n inc4~ll ~ hnr l_~ ~~e h~ ~F fnr in s , ~ e r ~ ro ~ ff ronnmme nrl~ 4h~•' env fi ~~t ~r.. ~ ~e... nr+ I ..~ '2 11 RInn4 4 he , r ^ i f f d t 6~J P ~* ~ ro nnmmenrl~ +ho4 ~ Ifnm a s D 7 of Fe qu re n a o e 3 a - Prior to the rezone ordinance approval, a modification to the recorded Development Agreement (Instrument No. 103085229) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. 3. PP Application: The proposed preliminary plat substantially complies with the Zoning Ordinance. Special Considerations: Landscaping: The landscape plan prepared by Harvest Design, P.C., on 11-10-05, labeled Sheet LS-1 is approved with the following modifications/notes: • Provide landscape buffers along Ustick Road, Nakano Drive (adjacent to lots in Champion Park Subdivision #3) and Leslie Way as depicted. The landscape buffers along the streets shall be designed in accordance with UDC 11-3B-7. • Provide a 20-foot wide landscape buffer (and easement) along the north side of Lot 33, Block 1, to buffer the adjacent residential use. Materials within said buffer should comply with UDC 11-3B-9. • Provide landscaping in compliance with UDC 11-3B-12, adjacent to the micro-path in Lot 26, Block 1. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the fmal plat application(s). Access: The applicant is proposing to take access to this property from Leslie Way, an existing street. No access to Ustick Road is proposed. Direct lot access to Ustick Road should be prohibited via a note on the face of the final plat(s). See Exhibit B below. Champion Park Addition Subdivision RZ-OS-021/PP-OS-061/MCU-OS-004/MI-OS-015 PAGE 10 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 14, 2006 House Orientation: Staff has concerns about the orientation of the houses on Lots 8, 9, and 14, Block 2. Generally, when reviewing the layout of a plat, staff likes for like yards to match (e.g. -side yard of one lot to abut the side yard of another.) With the configuration of the short cul-de-sacs in Block 2, staff recommends that the front of these lots be restricted. The house on Lot 8, Block 2, should be oriented to the south, to match the yards of Lots 7 and 9. The house on Lot 9, Block 2, should be oriented to the north, to match the yards of Lots 8 and 10. Because of the size and configuration of Lot 14, Block 2, the house shall be oriented to the east. The applicant should designate the orientation of these lots on the face of the final plat. See Exhibit B below. Fencing: The applicant has not proposed any fencing with this development. A detailed fencing plan should be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro-path fencing shall be designed according to UDC 11-3A-7. See Exhibit B below. Micro-paths: The micro-path in Lot 26, Block 1, shall be constructed in accordance with UDC 11-3A-8 (construction) and UDC 11-3B (landscaping). Common Areas: Maintenance of all common areas shall be the responsibility of the Champion Park Home Owners' Association. 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. 4. MCU Application: Staff believes that the proposed Conditional Use Permit Modification substantially complies with the Zoning Ordinance and will not have and adverse impact on the use on other property. Please see Exhibit D for detailed analysis of the required facts and findings for the Conditional Use Permit. Special Considerations: Site Plan: The applicant did not submit a site plan showing how the subject 11.44 acres fit in with the overall 105 acres of the development. Staff recommends that the applicant provide staff with 10 full size copies and one 8.5" x 11" cony of a revised site plan that shows the entire Parkstone/Champion Park development as proposed. Further, staff recommends that the applicant brin~py of said revised site plan to the Planning & Zoning Commission hearing_ b. Staff Recommendation: Staff recommends approval of the subject applications RZ-OS- 021, PP-OS-061. MCU-OS-004 and MI-OS-015, with the conditions listed in Exhibit B of the Staff Report for the hearing date of Januar S~2006_ Champion Park Addirion Subdivision RZ-OS-021/PP-OS-061/MCU-OS-004/MI-OS-015 PAGE 11 CITY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE HEARIIQG DATE OF FEBRUARY 14, 2006 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: 9-29-OS) 2. Landscape Plan (dated: 11-10-OS) 3. Site Plan (dated: 1-4-06) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department C. Rezone Legal Descriptions D. Required Findings from Zoning Ordinance Champion Park Addition Subdivision RZ-OS-021/PP-OS-061/MCU-OS-004/MI-OS-015 PAGE 12 CTI'Y OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE HEARIFfG DATE OF FEBRUARY 14, 2006 A. Drawings 1. Preliminary Plat (dated: 9-29-OS) . d , o ? an ~. mr as wx~s +w.n.. tike ma. ~aaa mw,caa xs~ .r aiv LOlld .J+ i ~. ~. ~ ~ x ~~~ - I ~1[aFH Ai ~t ~$ ay ~~ .~ ®`~ ~~: a i ~~ -._ ~ ~~ ~ ~ -~-~--< s z ~ ~ ~~~ 9 ~~~ 0 ~S B ~~~~~~~~~s~~ I~''~ ~# . ~~,~.. ~~ A ~4~ ~~ 3~~IS~S ! .1 ~i '~ ~..~ a `~eo s.a~r ~~. n .ww±r a~&~a.. ~ ~~ a Li77cMPaS1tM"HHd l9i®~~QQ~ tied N®Id~tSi~ ~ g ~ ~ a ~ ~ s e a ~ ~. ~ ac e s ~~ ~~a~ ~~ ~~W ~ } ~^" ~~~ - ~~~~ ,~{ Ian! ~n Exhibit A -Page 1 CITY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE HEAL DATE OF FEBRUARY 14, 2006 2. Landscape Plan (dated 11-10-OS) ~ ~. z 14 ~ ~ . ° ~, ~ s B r' ~ -- r 9 d '~ ~ ~ _ ,ABM 3~ ~'Y Ti 4 f : F--~~- J +~~ r , ~ i , ' f~ °~ , -' ' - ~ ~__ ,~i~ii~Ni~i"6 L~ ii4iii A ~ ~ _- _ ~'~ ~~ lll~~~ ~~~~, ~ ~ Eo o ..~ _ ,~ ~, Exhibit A -Page 2 CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR THE HEAL DATE OF FEBRUARY 14, 2006 3. Site Plan - (dated 1-4-06) Exhibit A -Page 3 CITY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE HEAL DATE OF FEBRUARY 14, 2006 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMIlVARY PLAT (PP-OS-061) 1.1.1 The preliminary plat labeled as PRE Sheet 1 of 1, prepared by Engineering Solutions, LLP, dated September 29, 2005 (revised 10-20-OS) is approved, with the conditions listed herein. All comments and conditions of the accompanying Rezone (RZ-OS-021) application, Miscellaneous (MI-OS-015) application, and Conditional Use Permit (MCU-OS-004) application shall also be considered conditions of the Preliminary Plat (PP-OS-061). 1.1.2 The landscape plan prepared by Harvest Design, P.C., on 11-10-05, labeled Sheet LS-lis approved with the following modifications/notes: • Provide landscape buffers along Ustick Road, Nakano Drive (adjacent to lots in Champion Park Subdivision #3) and Leslie Way as depicted. The landscape buffers along the streets shall be designed in accordance with UDC 11-3B-7. • Provide a 20-foot wide landscape buffer (and easement) along the north side of Lot 33, Block 1, to buffer the adjacent residential use. Materials within said buffer shall comply with UDC 11-3B-9. • Provide landscaping in compliance with UDC 11-3B-12, adjacent to the micro-path in Lot 26, Block 1. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the fmal plat application(s). 1.1.3 The future house on Lot 8, Block 2, shall be oriented to the south, to match the yards of Lots 7 and 9. The future house on Lot 9, Block 2, shall be oriented to the north, to match the yards of Lots 8 and 10. Because of the size and configuration of Lot 14, Block 2, the future house shall be oriented to the east. The applicant shall designate the orientation of these lots on the face of the final plat. 1.1.4 Tl:~ „" „~ ''^ °~ °a ~ •~*'~ *'~~ a° °~° .. The apAlicant has volunteered to construct a 6-foot tall vinyl fence along the east nroAerty line. A detailed fencing plan should be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro-path fencing shall be designed according to UDC 11-3A-7. 1.1.5 The micro-path in Lot 26, Block 1, shall be constructed in accordance with UDC 11-3A-8 (construction) and UDC 11-3B (landscaping). 1.1.6 Maintenance of all common areas shall be the responsibility of the Champion Park Home Owners' Association. Exhibit B -Page 1 CITY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE HEAi~ DATE OF FEBRUARY 14, 2006 1.1.7 Place a note on the face of the fmal plat(s), stating that direct lot access to Ustick Road is prohibited. 1.1.8 Underground, pressurized irrigation must be provided to all lots within this development. 1.2 GENERAL REQUREMENTS PRELIMINARY PLAT (PP-OS-061) 1.2.1 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application(s). 1.2.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.3 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 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 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACfID, City of Meridian and all other regulatory requirements at the time of fmal construction. 1.2.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2.5 Staff's failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 1.3 SITE SPECIFIC REQUIREMENTS - CONDTTIONAL USE PERMIT (MCU-OS-004) ~ 3rSt~lA fitll-si~~Eepie~s-ate e~e~ ~~~ 11" seP~ef~e~' e~ae-~t~ n.,..y~~,...°irt,,,,,.,..;,.., n...a~ ae..et,...„,o,.+ °a >r,,..-t,e.. ,.i,e t• .. t, tt t_ r r , , ~.., e o eat.,.. +„ «t~e ut „~pc'-o~ r ., ~e 1.3.2 All comments and conditions of the accompanying Rezone (RZ-OS-021) application, Miscellaneous (MI-OS-015) application and Preliminary Plat (PP-OS-061) application shall also be considered conditions of the Conditional Use Permit (MCU-OS-004). 1.3.3 All future use(s) on Lot 34, Block 1, shall obtain Conditional Use Permit approval prior to construction and operation. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via of mains in N. Leslie Way that were installed with a previous phase of Champions Park. The applicant shall install all mains Exhibit B -Page 2 CITY OF MERIDIAN PLAIG DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 14, 2006 i necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub- grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in Champions Park Subdivision. The applicant shall be responsible to install all water mains necessary to serve this development, coordinate main size and routing with Public Works. 2.3 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 evidence of a license agreement shall be submitted prior to scheduling of apre-construction meeting. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3B6). 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 All existing structures that do not meet setback requirements or zoning ordinance shall be removed prior to signature on the final plat by the City Engineer. 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 maybe used for non- domestic purposes such as landscape irrigation. 2.7 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. 2.8 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. 2.9 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. 2.10 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. 2.11 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. 2.12 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 3 CITY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE HEARIP~ DATE OF FEBRUARY 14, 2006 2.14 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.15 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. 2.16 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. 2.17 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. Fire Department 3.1 One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %Z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 3.5 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. 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 face of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. Exhibit B -Page 4 CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 14, 2006 3.8 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. 3.9 The proposed 48-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 139 residents at build out. 3.10 Maintain a separation of 5' from the building to the dumpster enclosure for the commercial buildings. 3.11 Provide a Knox box entry system for the complex prior to occupancy. 3.12 The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please contact Vicki Heugly at 898-5500 to address this concern prior to the public hearing. 3.13 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.14 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. 3.15 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). • For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). • For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. Police Department 4.1 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 5. Parks Department 5.1 No comments. 6. Sanitary Service Company 6.1 SSC has no comments related to this application. 7. Ada County l3ighway District 7.1 Dedicate a total of 48-feet ofright-of--way from the centerline of Ustick Road abutting the parcel. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the fmal plat for signature by the ACRD Commission or prior to Exhibit B -Page 5 CITY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 14, 2006 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 owner will be paid the fair market value of the right-of--way dedicated which is an addition to existing ACHD right-of--way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACRD Ordinance in effect at that time (currently Ordinance #200), if funds are available. 7.2 Construct a 5-foot concrete sidewalk located a minimum of 41-feet from the centerline of Ustick Road. 7.3 Construct the internal streets as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks within 50-feet ofright-of--way, as proposed. 7.4 Construct two cul-de-sac turnarounds without center islands within the subdivision, as proposed. Construct the turnarounds to provide a minimum turning radius of 45-feet. 7.5 Construct one knuckle without a center island, as proposed. 7.6 Construct a 30-foot wide shared curb return type driveway that intersects Leslie Drive approximately 140-feet north of Ustick Road to serve Lot 33 and Lot 34 of Block 1, as proposed. Pave the driveway its full width and at least 30-feet into the site beyond the edge of Leslie Drive. 7.7 Place a note on the final plat stating that direct lot access is prohibited on Ustick Road. 7.8 Comply with all Standard Conditions of Approval. 8. Central District Health Department 8.1 After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito breeding problem. 8.4 It is recommended that storm water bepre-treated prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Exhibit B -Page 6 CITY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 14, 2006 C. Rezone Legal Descriptions ~~ ~~ ~~ fD~,Fi~ SURVEY GRC?UP ~_ , t'eopased ffil7,amg 1'ropaaed CrtaaaplaH Pant r~dtlltlos f450 ~~ ~ sum is~ rterra~,, iaano e~642 Phone (2(t8) 846-8570 Fuc ('208} tI84.5~99 A parcel of land being a portion of the 5E %< of Section 32, Township 4 North, Mange l Tast, B.1V1., Mtxidian, .Ada County, !dabs, snare particularly described us follows: Commencing at the %< comer comatan to the said Section 32 and Section 5, T'ownshig 3 North, ltauge 1 East, B.M., from which the $p~ ~, of said Secticm 32 bears North 89°43' 17" ~, 2655.44 feet; thence along the south Lime of tlye SE Yo of said Sediom 32 North 89°44'04" Est, 1124.23 feet, themes R~arlh 00° 15'56" West, 200.68 feet to the Itl?AI. P€}I1VT GF 1B~EGIIVNIIVG. Thence comtinuimg North 00°15'S6" Wesi, 56.25 feet to a point of curvutuxe; Thence 41.48 feet along the arc of a ct~ve to the le$ said ebmve having a radius of 300.00 feet, a delta angle of 07°55"22", ~d a long chard bearing North 04°.13'38° West, 41.45 Peet to a paint of tangency, Thence Norih Ol3° 11' 19" West, 82.79 feet tcf a point of curvat¢re; Thence: 7.07 feet slang the arc of a cw~ve to the left, said suave having a ~~ of 166.00 feet, a delta angle of 02°26'2tY', and a long Chord hearing North 49°24'2S" West, 7.07 feet; Thence North 74°15' 19" East, 61.88 feet tt> a paint of curvature; Thence 21.16 feet along the arc of a curve to the leH, said curve having a radius of 50.{10 feet, a delis angle of24°14'36", and a lo~ag chard beaa~ing North.62°08'01" East, 22.00 feet; Thence South 39°59'17" Eastm 25.00 feel; Thence North 89°58'28" East, 126.83 feet W a point om the East line of said SE 1/4 Thence along said line South 00°01'32" Fast, 193.99 feel: Thence South 90'00'00" bleat, 204.84 feet to the lr'OII~I' ®F BEGIWWNIG. C~mtaining 0.95 sores, mare or less. ~_.v-:- 5091415(1914-cn.doc X431 ,~ ~~~~ ~, r Exhibit C -Page 1 CITY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 14, 2006 ~' 5~~~~~ ~ GR~IJP peap~ed CG Zone I'P®p~ed ~ka~nnp~ao Pstek Addition 14547 Eric 4~faes:rcovNer S~ ~P~ P50 ~tgride~tt, Pclafi© 83542 Ph~e l aa~-asao Fax (208) 884-53'39 Gct®ber 2f3, 2©{?S A pareel of land being a portion of the SE 'l, of Seetioa 32, Tac~nship 4ltorth, Range 1 East, B.M., Meridian, Ada County, idaho, more particularly described as follows: Comn~cneing at file l comer enmffioa to the said Sectiva 32 aetd Seeticm 5, fiownship 3 North, Irartge 1 East, S.A,i., from wStiick fire St1d eomer of said Section 32 bears North B9~'43' 17" East, 2655.40 feet; th4nce along the south tine ofthe SE'/4 s~f said Section 32 North $9°44'04" East, 1124.23 f'emt to the H~Aia Ft1INT QF SEGi~1MRG. Thence North 0(1°15'56" West, 2Qb.68 feed Thence North 90®00't}0" East, 204.$4 feet to a point oa the East line oFsaid SE 1/4; Theses atoag said line South 0001'32" East, 199.73 feet to the East l f16 earner ct>mmon to Section 5 and the said Section 32; Thence along the south line of the SE Ya of said Section 32, South 89°44'04" Nest, 2t14.00 feet to the POIl~'I' OF SRGINN1hTG. Containing 0.94 acres, more ar less. SA99 4eSt1914neg.doc ~'E°o?~~~ac>*cZal L~iarF ~4.c~ex€~°: Exhibit C -Page 2 CITY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE HEAR~DATE OF FEBRUARY 14, 2006 Exhibit C -Page 3 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 14, 2006 D. Required Findings from Zoning Ordinance 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone 0.95 acres to C-N and 0.94 acres to C-G. These areas were previously approved by the City for commercial use as a use exception with CUP- 02-049. Although the proposed zoning map amendment does not comply with the current Future Land Use Map, the Council finds that this area be zoned commercial to reflect the previous use exception approval. Further, at the North Meridian Area Comprehensive Plan Amendment hearing on January 17, 2006, staff will be asking the Council to amend the Future Land Use Map to reflect the commercial designations of these properties. The Council finds that the proposed map amendment will comply with all other applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council fmds that there are several uses that are allowed and conditionally allowed within the requested zoning districts of C-N and C-G. If the applicant complies with the conditions outlined in the modified development agreement, the modified conditional use permit and the proposed preliminary plat, the Council fmds that the proposed commercial lots/districts will be in compliance with the regulations outlined in each specific district. The accompanying plat, conditional use permit and proposed development agreement modifications, demonstrate that the land will be developed with lot sizes, uses and other dimensional requirements that conform to the proposed zoning designations. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council fmds that the proposed zoning amendment wall not be detrimental to the public health, safety, or welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council fmds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The C-N and C-G zoning amendments will provide commercial lots that are similar in nature to existing and proposed commercial development in the vicinity. The Council fmds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public fiznds. The applicant is proposing to develop the land in general compliance with the City's Exhibit D -Page 1 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEARRaG DATE OF FEBRUARY 14, 2006 Comprehensive Plan. In accordance with the findings listed above, the Council finds that Re-zonin og_ f this property to C-N and C-G would be in the best interest of the Citv. 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: 1. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan, and the land use designation change proposed for this property with the North Meridian Area Comprehensive Plan Amendment. The Counccl supports the proposed plat layout and proposed density as they comply with the provisions of the Comprehensive Plan and the UDC. 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 Council finds that public services are available to accommodate the proposed development. (See finding Items 3 and 4 above under Rezone Findings for more details.) 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 cost, the Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Council finds that supporting services are available to support the proposed development. The Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. (See fording "Items 3 and 4 above under Annexation Findings above, and the Agency Comments and Conditions in Exhibit B for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and The Council is not aware of any health, safety or environmental problems 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 maybe presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 6. The development preserves significant natural, scenic or historic features. The Council is unaware of any natural, scenic or historic features on this site. Therefore, the Council fords that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Exhibit D -Page 2 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 14, 2006 2. CUP Findings: The Commission shall base its determination on the Conditional Use Permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Council fmds that the site is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the UDC. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Council finds that the proposal meets the objectives of the Comprehensive Plan as listed in Section 8 of this report. See Rezone Findings #1 and 2 above. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the e~sting or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Council fmds that the design, construction, operation and maintenance of the single- family attached and detached uses will be compatible with other uses in the general neighborhood and with the existing and intended character of the vicinity as to not adversely change the character of the area. Specific uses are not proposed within the C-N and C-G lots at this time. The applicant is constructing a 20-foot wide land use buffer between the C-N zoned lot and the residentially zoned lots to the north, staff fmds that the future operation of a commercial business on this lot should be compatible with the neighborhood (provided the applicant complies with all UDC provisions.) Because the proposed C-G zoned lot is a general retail and service commercial lot that is on a highly visible intersection, the Council is requiring that any and all future use(s) on the two commercial lots be required to obtain CUP approval prior to construction and operation. Future building heights, parking layouts, landscape buffer widths and other dimensional standards will be analyzed with future applications to ensure compliance with the UDC. 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 Council finds that the proposed development will not adversely affect other property in the vicinity if the applicant complies with all Preliminary Plat, Development Agreement and CUP conditions and constructs all improvements and operates the use in accordance with the UDC standards. 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 Council fmds that sanitary sewer, domestic water and irrigation are available to the subject property. Please refer to other comments prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Company and ACRD. 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. Exhibit D -Page 3 CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR THE HEARIN~DATE OF FEBRUARY 14, 2006 The Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay highway impact fees. 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 Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. The Council does not believe that the amount of traffic or noise generated will be detrimental to the general welfare of the public. 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 Council fords that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. Exhibit D -Page 4 ** TX ~RMIAT[ON REPORT Nok AS OF FEB 10 '010 PRGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS Ch1Dtt STATUS 06 02/10 16=39 3810160 EC--S 01'36^ 003 156 OK 07 02/10 16 41 PUBLIC WORKS EC--S 00' S7 ^ 003 156 OK ~ 02/10 1643 WRTER DEPT EC--S 00'57" 003 156 OK 09 02/10 16=44 2088840744 EC-S 01'00" 003 156 OK 10 02/10 1646 POLICE DEPT EC-S 00'57" 003 156 OK 11 02/10 1647 8985501 EC-S 00'57" 003 156 l7K 12 02/10 1649 LIBRRRY EC-S 00'58" 003 156 OK 13 02/10 16 50 2083776449 EC-S 00' S7 ^ 003 156 OK 14 02/10 1652 3886924 EC-S 00'56" 003 156 OK 15 02/10 1653 P-AND-Z EC--S 00'57" 003 156 OK 16 02/10 1654 FIRE DEPT EC-S 00'57" 003 156 OK 17 02/10 16=56 208 8~ 2682 EC-S 00'58" 003 156 OK 18 02/10 1658 208 387 6393 EC-S 00' S7 ^ 003 156 OK 19 02/10 1659 ADR CTY DEVELMT EC-S 00'57^ 003 156 OK 20 02/10 17:01 208888,5052 EC--S 00'57" 003 156 OK 21 02/10 1702 IDRHO ATHLETIC C EC-S 00'56" 003 156 OK 22 02/10 1704 ID PRESS TRIBUNE EC-S 00'57" 003 156 OK 23 02/10 1709 2088f~6701 EC-S 00'56^ 003 156 OK l I~~~e ~~~c~~~~rl U~N1C i~~~X - r~ -~l~s CITY ®~ 1VYERII)iAN CITY COUNCIL REGULAR MEETING AGENpq Tuesday, February 14, 2006, at 7:00 p,m, City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Although the City of Meridian no longer requires sworn testimony, al! presentations before the Mayor and City Council are expected to be bvthfui and honest fo besf of the ability of the presenter. " ~. Roil-call Attendance: Shaun Wardle Joe Gorton Charlie Rountree Keith Bins Mayor Tammy de Weerd 2. Pledge of Allegiance by Sara Malaise and Katie Killpack: 3, Community Invocation by Glen Olsen, with LDS: 4• Adoption of the Agenda: 6- Proclamation: FFA Week; s. Consent Agenda: A- Approve Minutes of January e, 2006 City Council 8~ ACHD Commissioners Special Joint Workshop Meeting: B. Approve Minutes of January 31, 2006 City Council Special Meeting: C• Resolution No. :VAC 05-016 Request to Vacate City of Meridian water and sewer easements for Marce Sub_ division by James R. Wylie - 3070 Fairview Avenue: D• A reement for Professional Services with Civil Surve Consultants, Inc for Broadway Avenue, Meridian Road to Fifth Street Utility Replacement: E. License A reement for the Wastewater Treatment Plant Expansion Protect: Morldian City Councl Meeting Agenda -February 14, 2006 Page 1 of 3 All materials presented at public meetings shay become property of the City of Meridian. Anyone desiring accommodation for dfsabUiiies related to documents and/or hearing ploase contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • ~~ COMMUNICATIONS REPORT ~~ AS OF FEB 11 '06 05 00 PAGE.01 CIT`f OF MERIDIAN TOTAL PAGES TOTAL TIME SEND ~ 0056 SEND ~ 00 °18'40" RECEIVE ~ 0008 RECEIVE ~ 00 °03'56" DATE TIME TO~'FROM MODE MIN~SEC PGS CMD# STATUS 01 02.10 09 58 208 336 2100 EC--R 00'28" 001 149 OK 02 0210 11 51 2088871303 EC--R 00'43" 002 150 OK 03 02.10 1451 EC--R 01'06" 003 152 OK 04 02.10 15 33 0561)279-3279 G3--R 01'08" 002 153 OK 05 02.'10 16 31 P-AND-2 EC--S 00'51" 002 154 OK 06 02/10 16 39 3810160 EC--S 01'36" 003 156 OK 07 02'10 16 41 PUBLIC WORKS EC--S 00'57" 003 156 OK 08 02.'10 16 43 WATER DEPT EC--S 00'57" 003 156 OK 09 02.'10 16 44 2088840744 EC--S 01'00" 003 156 OK 10 0210 16 46 POLICE DEPT EC--S 00'57" 003 156 OK 11 02.'10 16 47 8985501 EC--S 00'57" 003 156 OK 12 02.10 16 49 LIBRARY EC--S 00'58" 003 156 OK 13 0210 16 50 2083776449 EC--S 00'57" 003 156 OK 14 02'10 16 52 3886924 EC--S 00'58" 003 156 OK 15 02.10 16 53 P-AND-Z EC--S 00'57" 003 156 OK 16 02'10 16 54 FIRE DEPT EC--S 00'57" 003 156 OK 17 02'10 16 56 208 888 2682 EC--S 00'58" 003 156 OK 18 02x'10 16 58 208 387 6393 EC--S 00'57" 003 156 OK 19 02.10 16 59 ADA CTY DEVELMT EC--S 00'57" 003 156 OK 20 02.'10 17 01 2088885052 EC--S 00'57" 003 156 OK 2'1 02.10 1702 IDAHO ATHLETIC C EC--S 00'56" 003 156 OK 22 02'10 17 04 ID PRESS TRIBUNE EC--S 00'57" 003 156 OK 23 02.'10 17 09 2088886701 EC--S 00'56" 003 156 OK 24 02~' 11 0147 G3--R 00' 31 " 000 I NC ~I~e~~ ~~-~~~~~~~ N~c~ -~,~ks ~g~~Y ~]~ ~~~~A~ CITY C®UIiICIL REGULAR MEETING AGENDA 'Tuesday, February 14, 2006, at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho "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 best of the ability of the presenter " 1. Roll-call Attendance: Shaun Wardle Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance by Sara Malaise and Katie Killpack: 3. Community Invocation by Glen Olsen, with LDS: 4. Adoption of the Agenda: 5. Proclamation: FFA Week: 6. Consent Agenda: A. Approve Minutes of January 9, 2006 City Council & ACHD Commissioners Special Joint Workshop Meeting: B. Approve Minutes of January 31, 2006 City Council Special Meeting: C. Resolution No. :VAC 05-015 Request to Vacate City of Meridian water and sewer easements for Marce Subdivision by James R. Wylie - 3070 Fairview Avenue: D. Agreement for Professional Services with Civil Survev Consultants. Inc. for Broadway Avenue, Meridian Road to Fifth Street Utility Replacement: E. License Aareement for the Wastewater Treatment Plant Expansion Project: Meridian City Council Meeting Agenda -February 14, 2006 Page 1 of 3 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. F. Contract for Expedition Technical Assistance and Pipeline Proiect with CH2M HILL: G. Contract for South Area Lift Station and Pipeline Proiect with Ashley Land Services: H. Findings of Fact and Conclusions of Law for Pretermination Hearing for Kelly Krommenhoek, 2735 W. Higan Street: 7. Department Reports: A. Mayors Office - Tammy de Weerd 1. 1 B. Parks Department -Doug Strong 1. Discussion of Meridian Youth Baseball and Softball Proiect Cost Issues with Amendment to the Aareement: 2. Amendment to the Aareement with PAL for Heroes Park: 3. Budget Amendment Reauest for Heroes Park Construction: 4. Request for Impact Fees for Heroes Park by Farwest, LLC: 8. Items Moved from Consent Agenda: 9. Discussion of Deeding Messina Meadows Park to Cuty of Meridian by Westpark Development: 10. Tabled from January 24, 2006: Resolution No. Approving and Adopting Fees for Public Use of the Meridian Police Department Conference Room: 11. FP 06-002 Request for Final Plat approval of 18 building lots and 4 common lots on 2.06 acres in a R-40 zone for Arnke Subdivision by Mike Arnke - 2070 West Pine Avenue: 12. Public Hearing: Idaho Community Development Block Grant - Meridian Senior Citizen Center: Meridian City Council Meeting Agenda -February 14, 2006 Page 2 of 3 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. • • 13. Public Hearing: AZ 05-055 Requesfi for Annexation and Zoning of 35.33 acres from RUT to R-8 zone for Ambercreek Subdivision by Dyver Development, LLC -North Meridian Road and West McMillan Road: 14. Public Hearing: PP 05-057 Request for Preliminary Plat approval of 175 single-family residential building lots and 16 common Dots on 35.33 acres in a proposed R-8 zone for Ambercreek Subdivision by Dyver Development, LLC -North Meridian Road and West McMillan Road: 15. Public Hearing: RZ 05-021 Request for a Rezone of .94 acres from R-8 to C-G and Rezone of .95 acres from R-8 to C-N for Champion Park Addition by Hillview Development Corporation -north of Ustick Road and west of Eagle Road: 16. Public Hearing: PP 05-061 Request for Preliminary Plat approval of 48 single-family residential lots (24 detached lots and 24 attached lots), 2 commercial lots and 4 common lots on 11.44 acres in the R-8, C-G and C- N zones for Champion Park Addition by Hillview Development Corporation -north of Ustick Road and west of Eagle Road: 17. Public Hearing: MCU 05-004 Request to modify previous Conditional Use Permit for a Planned Development (CUP 02-049) by removing the proposed mini-storage use and including attached and detached single- family dwellings for Champion Park Addition by Hillview Development Corporation -north of Ustick Road and west of Eagle Road: 18. Public Hearing: MI 05-015 Miscellaneous request to modify the recorded development agreement for Parkstone Subdivision (A.K.A Champion Park Subdivision) by Hillview Development Corporation - north of Ustick Road and west of Eagle Road: 19. Executive Session per Idaho State Code 67-2345(1)(c) (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency): Meridian City Council Meeting Agenda -February 14, 2006 Page 3 of 3 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. ** TX CONFIR~t~ON REPORT ** AS OF FEB 15 ;06 09:25 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM MODE MINiSEC PGS CMD# STATUS 01 02115 09:24 3810160 EC--S 01'43" 003 1?7 OK C~~'X OF MFRIDIA~T CITY COUNCIL REGULAR MEETING AGENDA Tuesday, February 14, 2006, at 7:00 p.m City Council Chambers 33 East Idaho Avenue, Meridian, Idaho "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 best of the ability of the presenter. 1. Roll-call Attendance: Shaun Wardle ~ Joe Borton Charlie Rountree ~~ Keith Bird k Mayor Tammy de Weerd 2. Pledge of Allegiance by Sara Malaise, Pr®sident and Katie IGllpack, Vice-President of the Local Chapter of the FFA: 3. Community Invocation by Glen Olsen, with !DS Church: 4. Adoption of the Agenda: a~v~~c .c d' ~~r7ed- 5. Proclamation: FFA Week: ~,k,,,,¢~oL 6. Consent Agenda: A. Approve Minutes of January 9, 2006 City Council ~ ACHD Commissioners Special Joint Workshop Meeting: tL~o~yyi..L B. Approve Minutes of January 31, 2006 City Council Special Meeting: u7,p,-,,,vt C. Resolution No. ~ 6 -- 50 3 :VAC OS-015 Request to Vacate City of Meridian wafer and sewer easements for Marce Subd._ iv~ islon by James R. Wylie - 3070 Fairview Avenue: ~~.~..o ~. A reement for Professional Services with Civil Survev Consultants. lnc. for Broadway Avenue, Meridian Road to Fifth Street Utility Replacement: a~a~rowc. Meridian City Council Meeting Agenda -February 14, 2006 Page 1 of 3 All materials presented at public meetings chap 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. • • February 10, 2006 MERIDIAN CITY COUNCIL MEETING February 14, 2006 APPLICANT ITEM NO. ~ 9 REQUEST Executive Session per Idaho State Code 67-2345(1)(c). 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 CiiT/ of Meridian.