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HomeMy WebLinkAbout2009-01-27 E IDIAN-- CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue, Meridian, Idaho Tuesday, January 27, 2009 at 7:00 p.m. `Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." 1. Roll-call Attendance: David Zaremba Brad Hoaglun Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: Charlene Pedersen 3. Community Invocation by Mike Dodd with Capital Christian Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of January 13, 2008 City Council Regular Meeting: B. Tabled from January 13, 2008: Findings of Fact and Conclusions of Law for Approval: AZ 08-001 Request for Annexation and Zoning of 9.06 acres from the RUT & R1 zoning districts in Ada County to the C-G zoning district for Overland Village by Relo Development - 3330 East Overland Road: C. Findings of Fact and Conclusions of Law for Approval: RZ 08- 007 Request for Rezone of 5.91 acres from R-8 to R-15 zone for Windham Place by Eagle Spring Investments, LLC -east side of North Meridian Road, approximately %2 mile of East Ustick Road: Meridian City Council Meeting Agenda -January 27, 2009 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • • D. Findings of Fact and Conclusions of Law for Approval: AZ 08- 012 Request for Annexation and Zoning of 5.03 acres of land from RUT in Ada County to an R-4 zone for Shavs Cove by Landmark Engineering & Planning, Inc. - 3155 South Mesa Way: E. Findings of Fact and Conclusions of Law for Approval: PP 08- 009 Request for Preliminary Plat approval of 8 single-family residential building lots and 3 common lots on 4.45 acres in a proposed R-4 zoning district for Shavs Cove by Landmark Engineering & Planning, Inc. - 3155 South Mesa Way: F. Findings of Fact and Conclusions of Law for Approval: RZ 08- 008 Request for Rezone of 12.76 acres from TN-R to TN-C for Beacon at Southridge by Eastern Washington -Idaho Synod of the ELCA -south of Overland Road, approximately 800 feet west of Linder Road: G. Findings of Fact and Conclusions of Law for Approval: SHP 08-008 Request for Short Plat approval for 38 condominium units in an existing building in a C-C zoning district for Silverstone Corporate Plaza Condominiums by Sundance Investments - 3421 East Overland Road: H. Resolution No. CPA 08-011 Request to amend the Comprehensive Plan by adding the Design Manual as an addendum for Design Review by Meridian Planning Department: 1. Task Order with STRATA - 8th Street Park Pedestrian Pathway and Box Culverts -Phase 1 for $1792.40: J. Development Agreement: David Kleiner Property Portion for Meridian Town Center: K. Resolution No. Donation of Computer Surplus to Historical Society: L. Sanitary Sewer and Water Easement Agreement for Emerson Park Subdivision No. 2 by Kuna Victory, LLC: M. Approve Meridian Rural Fire Protection District Resolution 09- 001: N. Change Order No. 2 with JUB Engineers, Inc. for the Ten Mile Creek Sewer Crossing Replacement for $8,015.00: Meridian City Council Meeting Agenda -January 27, 2009 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. O. Award of Bid and Contract with Cues Inc. for Sewer N Inspection Vehicle and Option A of Bid for a not to exceed amount of $155,777.00: P. Approve New Beer 8< Liquor License for Screamin Hot Concepts, LLC dba Buffalo Wild Wings located at 3323 East Louise Drive #103: 6. Department Reports: A. Mayor's Office: 1. City Scholarships: 2. Resolution No. Reappointment of Joe Marshall to Planning and Zoning Commission: B. Clerk's Office: 1. Discussion of License and Permit Fee Exemptions: C. Purchasing Department: 1. ABS Budaeted Contract Amendment No 7 for $1,429.00: 2. Advanced Sian Budaeted Contract Amendment No 2 for $5,127.00: 3. Alpha Masonry Budaeted Contract Amendment No 3 for $520.00: 4. Apex Budaeted Contract Amendment No 3 for $3,746.00: 5. for $6,880.00: 6. Buss Mechanical Budaeted Contract Amendment No 4 for $5,304.00: 7. Schindler Elevator Budaeted Contract Amendment No 3 for $1,950.00: 7. Items Moved from Consent Agenda: Meridian City Council Meeting Agenda -January 27, 2009 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 8. Tabled from January 13, 2009: FP 08-021 Request for Final Plat approval for 7 building lots on 25.87 acres in C-N and L-O zoning districts for Education Campus Subdivision No. 2 by Joint School District No. 2 -south of East Leigh Field Drive and east of North Locust Grove Road: 9. FP 08-018 Request for Final Plat approval for 5 commercial building lots and 2 common lots on 19.18 acres in a C-G zoning district for Pinebridge Subdivision No. 1 by Stanley Consultants, Inc. -1830 E. Pine Avenue: 10. Ordinance No. ZOA 08-002 Request to amend and add to the current provisions of the Unified Development Code (Title 11 of Meridian City Code) relating to adoption of a new administrative design review process and associated implementation procedures for Design Review by Meridian Planning Department: 11. Ordinance No. Clerk's Office Fees: Deleting In-Code References to Meridian City Council Meeting Agenda -January 27, 2009 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting Januana 27, 2009 A meeting of the Meridian City Council was called to order at 7:25 p.m., Tuesday, January 27, 2009, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Brad Hoaglun, and Charlie Rountree. Members Absent: David Zaremba. Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Mark Niemeyer, Scott Colaianni, Kyle Radek, Keith Watts and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. We will go ahead and first I'd like to apologize for our late start, but welcome to the City of Meridian City Council meeting and in particular I°d like to welcome Charlotte -- or Charlene and, Charlene, in a moment we will ask you if you will lead us in the pledge, but I will go ahead and call this meeting to order. It is the regular City Council meeting. It is Tuesday, January 27th. It is 7:25 for the record and I will ask, Madam Clerk, to please call roll call attendance. Item 2: Pledge of Allegiance: Charlene Pedersen De Weerd: Okay. Thank you. Item 2 is the Pledge of Allegiance. Tonight we are going to be led in the pledge by Charlene Pedersen. Charlene came to my office to meet the Mayor and we convinced her to lead us in the pledge. She left me with some beautiful art. We will ask you to all rise and join Charlene in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Dave Murphy with Capital Christian Church: De Weerd: Thank you, Charlene. I do have a City of Meridian pin that I'd like to give to you and thank you for being here. Thank you. If your mom wants to take a picture, I will come down there. Okay. Well, we appreciate your patience for that. It's always great having our youth -- the youth of our community here. So, Item No. 3 is our community invocation and Dave Murphy is here to lead us in the invocation from Capital Christian Church. I would ask you to, please, join us in the invocation or take this as an opportunity for a moment of reflection. Thank you for joining us. Meridian City Council January 27, 2009 Page 2 of 18 Murphy: Let's pray. Dear Heavenly Father, we come before you tonight in the midst of challenging times, but your word in Proverbs 3:5 says trust in the lord with all your heart and lean not on your own understanding. In all your ways acknowledge him and he will make your paths straight. God, as we pause to acknowledge you, I ask that you would impart to this Council wisdom to make the decisions that would strengthen and prosper this city. Lord, fill this Council with hope and joy and optimism for the year ahead, knowing that you, God, the author and finisher of our faith, are still in control. I pray that God, encourage and strengthen every Council Member and their household, as well as ask for your covering and blessing on the city's civil servants, schools, businesses, churches, and residents. Lord, I believe that the best days are yet to come for the great City of Meridian and we look forward with anticipation the work of your hand. In the name of Jesus we pray, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you so much. I do have a City of Meridian pin for you as well. Okay. Item No. 4 is adoption of our agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent Agenda, Item 5-B, Findings of Facts of AZ 08-001 has been requested to be continued to February 10th, 2009. Item H is proposed resolution number of 09-647. Item K is -- resolution number proposed is 09-648. In Department Reports, resolution number 09-649. Under the Mayor's office for Item 6-A-2. And on the regular agenda Item No. 8 has been asked to be -- by applicant to continue to February 10, 2009. Item 9 is asked to be continued or to be put on the agenda for March 24th, 2009. Item No. 11 the ordinance number is 09-13294 -- or 1394. Geez. And No. 11, the ordinance number is 09-1395. And with that I move we approve the revised agenda. Hoaglun: Second. De Weerd: I have a motion and a second to approve the agenda as revised. All those in favor say aye. All ayes. Motion carved. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda: A. Approve Minutes of January 13, 2008 City Council Regular Meeting: Meridian City Council January 27, 2009 Page 3 of 18 C. Findings of Fact and Conclusions of Law for Approval: RZ 08- 007 Request for Rezone of 5.91 acres from R-8 to R-15 zone for Windham Place by Eagle Spring Investments, LLC -east side of North Meridian Road, approximately %2 mile of East Ustick Road: D. Findings of Fact and Conclusions of Law for Approval: AZ 08- 012 Request for Annexation and Zoning of 5.03 acres of land from RUT in Ada County to an R-4 zone for Shays Cove by Landmark Engineering & Planning, Inc. - 3155 South Mesa Way: E. Findings of Fact and Conclusions of Law for Approval: PP 08- 009 Request for Preliminary Plat approval of 8 single-family residential building lots and 3 common lots on 4.45 acres in a proposed R-4 zoning district for Shavs Cove by Landmark Engineering & Planning, Inc. - 3155 South Mesa Way: F. Findings of Fact and Conclusions of Law for Approval: RZ 08- 008 Request for Rezone of 12.76 acres from TN-R to TN-C for Beacon at Southridae by Eastern Washington -Idaho Synod of the ELCA -south of Overland Road, approximately 800 feet west of Linder Road: G. Findings of Fact and Conclusions of Law for Approval: SHP 08-008 Request for Short Plat approval for 38 condominium units in an existing building in a C-C zoning district for Silverstone Corporate Plaza Condominiums by Sundance Investments - 3421 East Overland Road: H. Resolution No. CPA 08-011 Request to amend the Comprehensive Plan by adding the Design Manual as an addendum for Design Review by Meridian Planning Department: I. Task Order with STRATA - 8th Street Park Pedestrian Pathway and Box Culverts -Phase 1 for $1792.40: J. Development Agreement: David Kleiner Property Portion for Meridian Town Center: K. Resolution No. Donation of Computer Surplus to Historical Society: L. Sanitary Sewer and Water Easement Agreement for Emerson Park Subdivision No. 2 by Kuna Victory, LLC: Meridian City Council January 27, 2009 Page 4 of 18 M. Approve Meridian Rural Fire Protection District Resolution 09- 001: N. Change Order No. 2 with JUB Engineers, Inc. for the Ten Mile Creek Sewer Crossing Replacement for $8,015.00: O. Award of Bid and Contract with Cues. Inc. for Sewer TV Inspection Vehicle and Option A of Bid for a not to exceed amount of $155,777.00: P. Approve New Beer ~ Liquor License for Screamin Hot Concepts, LLC dba Buffalo Wild Wings located at 3323 East Louise Drive #103: De Weerd: Item 5 is our Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: As stated earlier, Item B on the Consent Agenda has been requested to be continued to February 10th, 2009. Item 8 the resolution number is 09-647. Item K, the resolution number is 09-648. And with that I move that we approve the Consent Agenda and for the Mayor to sign and the Clerk to attest all papers. Rountree: Second. De Weerd: Thank you. I have a motion and a second to approve the Consent Agenda. If there is no discussion, Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Mayor's Office: 1. City Scholarships: De Weerd: Okay.. Item 6, Department Reports. We have Robert here to discuss the city scholarships. Last year we convened a little focus group to look at our applications, develop a matrix, and so that's what we have here in front of you. Council just a quick moment while Robert hands the material out. I will tell you today that I participated in a Meridian City Council January 27, 2009 Page 5 of 18 press conference on a new business that is coming to Meridian on Eagle Road and Commercial. They are going to be doing a tenant improvement in the Coors Distributing building at Eagle and Commercial on the southeast cornier. Silverdraft Studios will employ between -- well, they think between 25 and 30 jobs initially. It will have the opportunity for part-time employment as they have different films that will equate to 45 to 60 jobs on a part-time basis and what is really exciting is, number one, this is going to be the largest filming studio in the northwest. It --they already have a couple of films on contract. We heard that one of the partners, one of the aspects -- and it's a very key aspect of this partnership, is the technology. They have partners with a technology piece that brings the delivery of high definition type of -- that technology and I am not by any means a technology person, so I might just totally mutilate the information, so don't kill the messenger, but it is revolutionary and we hope that this will be a cornerstone of the governor's Project 60 and anticipate that this will be certainly a foundational piece to the filming industry's presence in the state of Idaho and this technology delivery system of high definition is going to be cutting edge and will put Idaho definitely on the map. So, we are just really excited about this announcement, this new employer, in our health, science, and technology corridor. And we stress the technology aspect of it, because that's what makes them such a meaningful partner in that corridor. So, anyway, I did want to let you know that the announcement was made earlier today and Frank was there on site. It is an amazing facility for this kind of activity, unrivaled I think. It is going to be a huge asset. So, very exciting stuff and a lot of bad news, we got great news coming out of Meridian, so -- okay, Robert, it's all yours. Simison: Well, great, hopefully. Madam Mayor, Members of the Council, thank you for the opportunity to come and present some information to you on the city's scholarship program. I just wanted to -- you know, as Council Member Hoaglun may or may not be familiar with the program, just wanted to give a little bit of brief history in the sense that, you know, traditionally the city has awarded four scholarships annually to graduating seniors. They have typically been divided up by high schools and, then, one at large. These scholarships were -- are there to recognize the service that the youth gives to our community. These are not scholarships that are based upon -- solely on issues like GPA or school involvement, but they are for other purposes. These are for the people who come in, make a difference in our community, and do have those other things that you like to see in well rounded individuals, high GPAs, good letters of recommendation, and they are going to be going off to college. So, that's -- those are the groups that these are geared towards. A little different than most normal scholarships. The rubrics that the city used in the past it reflected that -- that intent. It probably had some shortcomings in it that were -- when we worked with some -- a couple of professionals in the industry on it that were able to expand upon those and I'll get to those in a minute. But this past summer we set out to evaluate the process and find a way to try to improve and make these scholarships more permanent here within the city. We put together a panel of community members to discuss this. We had representatives from the Meridian Chamber of Commerce, Meridian's Promise, the senior center, the school district, Councilman Bird, as well as representatives from the Mayor's office where we sat down and looked at these -- the scholarships. We looked at how to -- we could improve the process. One way, as I mentioned, was to update the rubric. I worked with Meridian City Council January 27, 2009 Page 6 of 18 the school district representative on this process taking what the city was currently using, expanding on it to make it a little bit more clear and concise. Much like the original it continues to be weighed towards community service. We also discussed changes to the scholarship application, most of which were considered minor. Some of it was including additional information on it about just simple register information about where they primarily intend on going to college, as well as putting in some information about what the criteria is, you know, the things you have to accomplish in order to submit this application. In addition, we discussed the eligibility criteria for people to receive these scholarships. It was expected that, first of all, the winners need to be Meridian residents and not just those that live in the area of impact. This is for the residents of the city and make sure that that is clearly defined in the process. The other discussion item was whether or not the winners should be relatives of elected officials or employees and the -- while not across the board there were more that felt that that -- people should not be considered who are either relatives of an elected official or a city employee and, in addition, the group felt that there needed to be interviews for the final candidates. That's something that hadn't been done in the process and I will say just on that point I think based upon the number of applications that were received during this last year it probably wouldn't have been required to do interviews. But if we want this to be a successful program and up the applications that come in, regardless of your rubric, you might need to have interviews for these processes. In addition, they felt that they'd need to have a clearly defined group that would be selecting the winners and this group felt that that should be seven people and it would be established primarily by the people at this meeting. A representative from the Chamber of Commerce. A representative from the senior center. Meridian's Promise representative. A school district representative. Someone from City Council. The Mayor. And either the Mayor's office or another city employee in the process. In addition, there was a discussion by the group about what roll City Council should play in the selection after this process was completed. If they had a roll to play in effectuating the winners or not. So, that's what we -- the group that met and I took the information I got from them and I have made one revision to the document. Subsequently was contacted by a former employee of a scholarship organization who now lives here in the city. She had 24 years of experience working for an organization that did scholarships to students and I sat down with her and we discussed the recommendations that had been put together by this group and she also gave me further feedback that I thought was very useful and helpful and so I went ahead and incorporated her suggestions into the document that you have in front of you. The first point was that -- her recommendation was to eliminate criteria type -- the specific high schools in the city. That way you don't have issues where you might have people who are more qualified from other parts of the city. You might have four people from one high school who are all -- who should be the winners based upon rubric criteria and that we should not tie them to specific cities within the school. That allows the best people to win and it also keeps people focused on the rubric and not trying to compartmentalize the people who are applying for these scholarships. The other issue that she felt would be to -- was to expend the rubric. Even after we worked with the school district on the rubric, she looked at the rubric and felt that we were still trying to combine too many categories into one judging criteria. Specifically, one example is we were judging all the letters of recommendation as one and she felt that Meridian City Council January 27, 2009 Page 7 of 18 by expanding out the letters of recommendation so that each letter of recommendation that you're requesting gets its own score, that that allows a true reflection based upon what people feel -- you know, you could have someone who thinks they are highly qualified and someone who thinks they are poorly qualified and as a judge you were -- we were asking people to make a decision only in one category based upon two different people's recommendation. So, we expanded the rubric out further than what it was originally. We also discussed whether we should have elected officials or employees and their families as potential recipients and in our discussion and the information she provided to me, she said, you know, if you believe that you truly have a blind application, that you have information that is not shown about the person's name, about where they go to school, you have that off the application from what the judges see, it shouldn't make a difference about who is eligible to be considered to receive a scholarship. Now, if you don't think that you have a blind process that might be a different story. But in this case she felt that if you just look at it on its face value, you can do it either way. Now, as we also discussed this further and took it beyond elected officials, because I told her what the group had discussed about, well, they think that we should have Meridian's Promise, they think we should have a senior center, they think we should have a chamber representative. She said, well, you're going to have to extend what -- if you decide that you're going to eliminate certain people, you're going to have to eliminate a lot of people, because you're going to have to eliminate all the judges who are involved, if you want to keep this -- you know, if you're making people not participate and you want it to be fair, you're going to have to send that out to the judges as well. Now how far that goes Idon't -- I don't know. You know, whether that's just to the immediate judges or to some of the individuals in the organization, the boards, but it's something that she felt that needed to be considered as part of that. And the only issue that comes up is when you start talking about whether or not you're having blind applicants and you start wondering whether or not you're going to do interviews or not, that really becomes the question in that whole process. If it's blind and you're going to do an interview or not, can affect how that decision could be made. So, based upon these discussions you have the two documents that are in front of you. These documents are a rubric and an application and you will notice that there is one area that's highlighted on there and that's really kind of the primary reason why I'm here is to get your feedback on the point of should the scholarship be open to all citizens of Meridian or should we exclude certain groups based upon their relations to people involved in this process, whether it's city employees, elected officials, or judges. So, that would be the first question I would like to solicit some feedback from City Council on. De Weerd: Council? Hoaglun: I have -- De Weerd: Mr. Hoaglun. Hoaglun: The interview, Robert, does that play into the scoring rubric or is that a tie breaker or how does that fit into the whole thing if you do the interview aspect? Meridian City Council January 27, 2009 Page 8 of 18 Simison: You know, we have never done an interview, so we haven't evaluated that to this point in time. It would really kind of -- I think it depends on how many people we get to apply for these scholarships. I mean last year we had 13 people and when you, get down to it, you have eliminated about four or five right off the bat, because they didn't meet the criteria. So, you are giving four awards to nine people and if that's your -- under those scenarios you don't really need to have interviews, because you probably can figure out who are the best. But I think the rubric in our conversations it was -- the rubric would determine probably the top eight or ten people and, then, you would do potential interviews with them. Again it just depends on how many applicants you have, but that's a process that we would make a determination of before we started the judging process. Hoaglun: One more question if I might, Madam Mayor. Is this a one time -- just their first year in college scholarship, there is no ongoing -- they don't get it for every year -- Simison: It's a one thousand dollar one time scholarship that's paid directly to the college. Hoaglun: Okay. Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: It's not a guaranteed thousand dollars. It's what we make and how many we decide to have and what we make off the State of the City, am I not right? Simison: Well, right now it's -- Bird: I realize right now we did -- was able to give a thousand, but sometimes we might not -- Simison: Right. We talked about -- you are correct we did talk about -- in the group about potentially doing more scholarships to people if -- Bird: If warranted. Simison: -- if it was felt that there was 20 deserving people, maybe we did less than a thousand. That was the discussion of the group. You are correct, sir. Bird: And if we decided there was less and we had more money, they could have a little larger amount. If I remember -- we discussed that, too. We was going to base it on that. Meridian City Council January 27, 2009 Page 9 of 18 Simison: It was discussed. At this point in time I just left it up to a thousand dollar scholarship. Bird: Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I think what you have done is -- is not necessarily what I would have come up with, but I think you did a good job and as far as the employee and our officials, I hate to discount the good work that someone's child might have done that works for the City of Meridian or is elected by the City of Meridian, but apparently we need to pass the media test. I would like to see the rubric be blind, instead of a student's name, a student identifier. And I would suggest a list of all applicants be provided to judges and the judges, then, disqualify themselves if there happens to be a familial relationship or, you know, maybe a God child or, you know, somebody they helped raise, but -- you know, whatever. Some kind of relationship. And, then, the things you talked about, the scholarship would be up to a thousand dollars. You would have -- whatever the process is you're going to have in terms of a seven person review board, etc. That needs to be on paper. The whole thing needs to be where someone can go get the whole process and I would not support the need for interviews. Simison: Just a clarification on the one point where you talk about providing -- so you would just provide the names to people -- because that was one thing in the blind was trying to not let people associate with who was in the pool and if we provide the names to the potential people, they -- they may or may not know which application goes when they are reviewing them, whose is whose, but they will have the list of people that they potentially could be when considering them. Because we did talk about how do you do that and it comes down to one person ultimately knowing, you know, who the people are and that's really the best way to try to keep it blind, the more people that know the names, the more likely is that it won't be blind. But that's -- how do you know if someone either knows someone or is related, it's -- I'm not going to know that, you know. But we can figure that out. De Weerd: You know, I guess the struggle is this is a community service award. I mean this is a community service scholarship. How can you be anonymous if you are a youth leader in our community? You know, we want to recognize these youth that have had a positive impact in this community and it's going to be hard if they have had a positive and a leadership roll in this community for it to be anonymous. So, you know, I guess that's why they did the rubric and, you know, tried to anticipate and make it blind, as blind as you can make it, and, you know, no offense to Frank and, hopefully, this is not the quote in his paper, but I don't think the media should be dictating what decisions that we feel is right for our community. So, you know, I guess I have very strong feelings of this and I probably have the strongest feelings of this, because I work with these kids. I work with the kids that are out there making a commitment to leaving an Meridian City Council January 27, 2009 Page 10 of 18 imprint and a very positive imprint on our community and so it makes me difficult -- it makes it difficult for me to be unbiased in this discussion and especially if Mr. Bird continues to put the responsibility of funding it on me and my State of the City, which I also don't think is -- is necessarily appropriate. These kids add value to our community and so I'm committed to this. I certainly can excuse myself from any selection, because I can tell you, I probably am biased, whether it's my daughter or it's anyone else's daughter or son, I believe if you put in the time and if you have the dedication to this community and you're making a difference, you're very deserving to have equal consideration and I will step off my soap box right now and let you guys discuss it, now that you know what I think. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I -- I mean I think my views come out last year. I think if the kid's deserving, I don't care who is their parents or who their legal guardian is or anything else. And there is a couple three of us probably going to have a hard time not knowing who the kids were. As I went through them last year, I knew two definite and probably three or four I was pretty sure who they were, whether their names were there or whether they weren't or whether your parent works for the city or what, as long as they are given out by the City of Meridian, most of them are taxpayers, too, so they are entitled to it if they are deserving of it. So, I have no problem defending the relationship of it. You know, I think it's great, but I do think that -- that it's a good way to take our funds that we raise out of the State of the City and use. It goes to a good cause. De Weerd: Direction. We do need to get this out to our high schools to our school counselors to make sure they get it out to seniors to be considered for this scholarship? So, we do need to get a sense of your thoughts on this topic. Bird: Madam Mayor, I think this is a great application. I'd take the fourth bullet point off and go for it. Rountree: And the declaratory -- I guess that's how you say it -- statement at the end. Bird: Yeah. That, too. I'm sorry. You're right, Charlie. Rountree: And keep it blind? Bird: Yeah. Hoaglun: And a question I would have, then, on that, if we take that off, but if there is still someone on the committee who there is a child or grandchild, would they recuse themselves for that person, not scoring or doing -- even if it's blind, I mean it would be hard not to know the activities looking at it, you know, student body president, you know, boom, boom, boom, that would be difficult even under ablind - Meridian City Council January 27, 2009 Page 11 of 18 De Weerd: I think they'd have to step off. Hoaglun: For that one -- Bird: You'd have to step off for the whole thing. It wouldn't be fair to the deal. If you have got -- and you know if -- if you had a child or grandchild, you'd know whether they applied for this or not and if they did you'd say I don't have any -- I'm not going to be on the judges part of it. Hoaglun: Okay. I just wanted clarification that that was -- would be part of that. Bird: Tammy didn't judge last year. Simison: And that's something that we can ~ soliciting -- because there is nothing in here in ~ the chamber president, for example. You know and we can have those discussions with them applying that they are related to, ask them not 1 front, so, you know, we can try to eliminate them. cork with. You know, when we are ghat I presented that says it has to be it could be anyone from the chamber if they know someone who plans on i -- you know, get that information up Hoaglun: Besides, Madam Mayor, my observation of the whole flap was coming from an out of town newspaper, it wasn't the hometown newspaper that had problems, so -- De Weerd: That's correct. Bird: I sat two and a half hours and explained -- yeah. De Weerd: Great observation. Okay. You have your answers?. Simison: I do. The only thing I would further ask, you know -- and I don't know who -- where this will come from, but is it right now the thought that we would want to stay with primarily four scholarships or do we look at -- after the rubric are done and count the chips and see where they lie and -- De Weerd: Well, Robert, I think in our budget it was four, so that's what we will stay with. Simison: Okay. All right. That works. De Weerd: Okay. Simison: Thank you. Meridian City Council January 27, 2009 Page 12 of 18 2. Resolution Ido. Reappointment of Joe Marshall to Planning and Zoning Commission: De Weerd: Okay. Item No. 6-A-2. It's just to reappoint Joe Marshall to the Planning and Zoning Commission. He has been an excellent addition to the Commission and so my recommendation to you is -- and my hope is that you will approve this reappointment of Joe Marshall to the Planning and Zoning Commission per this resolution. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the resolution 09-649 for reappointment of Joe Marshall to P&Z. Bird: Second. De Weerd: Okay. I have a motion and a second to reappoint Joe Marshall as recommended. If there is no discussion, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. B. Clerk's Office: 1. Discussion of License and Permit Fee Exemptions: De Weerd: Item 6-B is our city clerk's office. Nary: Madam Mayor? De Weerd: Yes. Nary: Madam Mayor, Members of the Council, I could probably start on this, because it's really around the ordinance and, then, I think Ms. Holman has just a couple of things to wrap up. After our discussion last week -- this is on the license and permit fees. We discussed at length about trying to find something that could deal with the varieties of different events that we have and so what is on the end of your agenda tonight for just first reading, because we want this to track with your hearing for the fees itself, you will see in the packet now -- in the mobile sales unit there are exemptions for governmental entities and 501(c) entities. So, that -- the 501 -- the reason fora 501(c) and not the designation of (3) is some are (3), which are charitable organizations for, essentially, private groups, like the Lion's Club or the Optimist's Club or public groups like the Meridian City Council January 27, 2009 Page 13 of 18 Chamber of Commerce. There is two different types. So, either one of those would be covered. Again, they need the permit. They don't have to pay for it. We still want to track the activities to -- for police purposes, for tracking purposes for the event purposes, they just don't have to pay for it. The one significant change is we did include in the no -- no fee also for the temporary uses. This was carved out after our lengthy discussion that temporary use permits for a temporary sales unit for conducting a car wash for school or youth organization does not require a fee. Again, they still need a permit, but they don't have to pay a fee for it. That, again, it's a fairly narrow group and we felt comfortable in our discussion with my staff that, one, I think it's defendable. Secondarily, I don't think anybody's going to want to challenge that on such a small thing. And, again, it's open -- I think as Council Member Hoaglun raised, it's open to anybody. I mean if anybody wants to put on this for this purpose, it's not -- it's not simply the school. So, it can be a booster organization, it can be somebody else, but it's only for the limited purpose of the car wash. We will track this over the next year. We will probably be coming back to you again in the next winter and giving you sort of an update with the clerk's office of how many did we have, did we have 500 of these now, because we opened the door to it, or do we still have around what we had last year, which is about 30. So, we'll have a better sense of tracking how the fees impacted those things, but we did try to carve out that exception to allow for those limited types of activities that we felt were at least defendable from a city standpoint. They are nondiscriminatory and everything else in this, otherwise, is just taking out that the specific language in each of the ordinance sections that identifies the specific fee and pointing them towards a fee schedule, instead of the ordinance itself. There are some language -- and I think Ms. Holman brought it up last week, as you well know from me being here, when we clean up an ordinance I like to clean it all. I don't like to clean it up and bring it back to you again another time. But we felt it was such a major undertaking to try to clean everything up with the fees at the same time, we felt we took it in two chunks. So, you will be seeing a few of these ordinances again, because there is some language that probably needs to be cleaned. We wanted to get these fees in front of you sooner. So, those are probably the two things, just as a reminder or discussion from last week. De Weerd: Thank you. Jaycee, do you have anything to add? Holman: Mr. Nary covered all of it. De Weerd: Okay. Thank you. Council, any questions? Hoaglun: Madam Mayor, just a good job. Appreciate you doing that work on that. I think it worked out well. Nary: There is no action to take here. You will just have your first reading at the end of the agenda, so - C. Purchasing Department: Meridian City Council January 27, 2009 Page 14 of 18 1. ABS Budgeted Contract Amendment No. 7 for $1,429.00: 2. Advanced Sian Budgeted Contract Amendment No. 2 for $5,127.00: 3. Alpha Masonry Budgeted Contract Amendment No. 3 for $520.00: 4. Apex Budgeted Contract Amendment No. 3 for $3,746.00: 5. Axelsen Concrete Budgeted Contract Amendment No. 1 for $6,880.00: 6. Buss Mechanical Budgeted Contract Amendment No. 4 for $5,304.00: 7. Schindler Elevator Budgeted Contract Amendment No. 3 for $1,950.00: De Weerd: Thank you. 1 appreciate your follow up. Okay. Item 6-C is our purchasing department. Keith. Watts: Thank you, Madam Mayor, Council Members. Tonight we have, I believe, seven contract changes for the City Hall building. Total for the seven tonight is 24,956. Six of these are owner initiated and one of them is the result of ACHD changes to our irrigation box out front. De Weerd: Okay. Watts: Any questions? Bird: I have none. De Weerd: No. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the following contract amendments. ABS, 1,429 dollars. Advanced Sign, 5,127 dollars. Alpha Masonry, 520 dollars. Apex, 3,746 dollars. Axelsen Concrete, 6,880 dollars. Buss Mechanical, 5,304 dollars. Schindler Elevator, 1,950 50 dollars. I move we do that and before I get a second, I want to say I don't know if Keith's doing this or not, but, man, I love this being rounded off to the even dollars. Meridian City Council January 27, 2009 Page 15 of 1 S De Weerd: It makes your motion shorter. Bird: Yeah. Hoaglun: I'll second that. De Weerd: Both of them. Hoaglun: Both of them. De Weerd: Okay. Any discussion? Rountree: I have none. De Weerd: Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. Thank you, Tom. Hoaglun: Ask for the Mayor to sign and the Clerk to attest. De Weerd: Yes. I do believe that the Mayor was to sign and Clerk attest? Bird: You better believe it. I apologize for not saying that, but -- De Weerd: Okay. Bird: That's automatic. Item 7: Items Moved from Consent Agenda: De Weerd: There were no items moved from the Consent Agenda. Item 8: Tabled from January 13, 2009: FP 08-021 Request for Final Plat approval for 7 building lots on 25.87 acres in C-N and L-O zoning districts for Education Campus Subdivision No. 2 by Joint School District No. 2 - south of East Leigh Field Drive and east of North Locust Grove Road: Meridian City Council January 27, 2009 Page 16 of 18 Item 9: FP 08-018 Request for Final Plat approval for 5 commercial building lots and 2 common lots on 19.18 acres in a C-G zoning district for Pinebridae Subdivision No. 1 by Stanley Consultants, Inc. -1830 E. Pine Avenue: De Weerd: We have had request from the applicants on Items 8 and 9 to move their items to a different agenda. Mr. Nary, we don't need a motion to do that. Nary: Madam Mayor, no, you don't. Item 10: Ordinance No. 09-1394 ZOA 08-002 Request to amend and add to the current provisions of the Unified Development Code (Title 11 of Meridian City Code) relating to adoption of a new administrative design review process and associated implementation procedures for Design Review by Meridian Planning Department: Item 11: Ordinance No. 09-1395 :Deleting In-Code References to Clerk's Office Fees: De Weerd: Okay. Items 10 and 11 are ordinances. Item 10 is 09-1394 and Item 11 is 09-1395. I will ask our clerk to, please, read these by title only with the notation that Item 11 is the first reading. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 09-1394, an ordinance amending Title 11 of the Meridian City Code regarding zoning and subdivision regulations, codified at Title 11, entitled the Unified Development Code of the Meridian City Code relating to adoption of a new administrative design review process and associated implementation procedures for design review and providing for a waiver of reading rules and providing an effective date. Holman: This is the first reading of City of Meridian Ordinance No. 09-1395, an ordinance of the City of Meridian amending Title 3, Chapter 1, Meridian City Code, regarding fees for investigation of license or permit applicants. Amending Title 3, Chapter 2, Meridian City Code, regarding application fees for beer, wine, and liquor licenses and the transfer thereof. Amending Title 3, Chapter 4, Meridian City Code, regarding application fees for mobile sales unit licenses, temporary use permits, and citizen use permits. Amending Title 3, Chapter 5, Meridian City Code, regarding application fees for pawn broker licenses. Amending Title 3, Chapter 6, Meridian City Code, regarding application fees from massage establishments and massage licenses. Amending Title 3, Chapter 8, Meridian City Code, regarding application fees for private patrol service, private security service, and private patrol agent licenses. Amending Title 5, Chapter 4, Meridian City Code, regarding application fees for retail sales of non- aerial common fireworks permits and public fireworks display permits. Amending Title 6, Chapter 2, Meridian City Code, regarding dog licenses and lost dog tag fees and providing an effective date. Meridian City Council January 27, 2009 Page 17 of 18 De Weerd: Thank you. You have heard these two ordinances read by title only. And, Council, I would ask for a motion on Item 10. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we approve ordinance 09-1394 with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second to approve Item 10. If there is no discussion, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. De Weerd: All ayes. Motion carves. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 12: Executive Session per Idaho State Code 67-2345(1)(c), (f): De Weerd: We are at the end of our agenda and, Council, I guess when I asked for approval of the agenda we did not add an Executive Session. If it is your desire to add that at this time, I would say we can do so. That is our purview. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(c) and (1)(fl• Hoaglun: Second. Rountree: Second. De Weerd: I have a motion and two seconds to adjourn into Executive Session. If you will, please, call roll, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council January 27, 2009 Page 18 of 18 EXECUTIVE SESSION: De Weerd: Okay. I'd entertain a motion to come out of Executive Session. Rountree: So moved. Hoaglun: Second. De Weerd: All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Do I have a motion to adjourn? Hoaglun: So moved. Rountree: Second. Bird: Second. De Weerd: All those in favor. MOTION CARRIED: THREE AYES. ONE ABSENT. MEETING ADJOURNED AT 9:21 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) ~AYOR TAMMY De WEERD ATTEST: DATE APPROVED ,,,,,,,,. r~rr~~~ ~,,~,,,, ~ ~ ~ ,d ` ~ FO .. EE L. HOLMAN, CITY CAE ,~L ~ ~~ e • • January 23, 2009 MERIDIAN CITY COUNCIL MEETING January 27, 2009 APPLICANT ITEM NO. S-A REQUEST Approve Minutes of January 13, 2008 City Council Regular Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY A170RNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS Date: Phone: Staff Initials: Mater~ls presented of public meetings shall become property of the GMy of Meridian. • January 23, 2009 AZ 08-001 MERIDIAN CITY COUNCIL MEETING January 27, 2009 APPLICANT Relo Development ITEM NO. 5-B REQUEST Tabled from January 13, 2009 -Findings for Approval -- Request for Annexation and Zoning of 9.06 acres from RUT & R1 zoning districts to the C-G zone for Overland Village -- 3330 East Overland Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS ~~~~ 2~3 See attached Comments Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. January 23, 2009 MERIDIAN CITY COUNCIL MEETING January 27, 2009 RZ 08-007 APPLICANT Eagle Spring Investments, LLC ITEM NO. 5-C REQUEST Findings for Approval -- Request for a Rezone of 5.91 acres from R-8 to R-15 zones for Windham Place -- east side of North Meridian Road east of Ustick Road AGENCY COMMENTS CITY CLERK: See attached mMutes CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVIGE 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 pubUc meetings shall become properly of the CNy of Meridian. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER C~ ~E IDIAN~ In the Matter of the Request for Rezone of 5.03 Acres from R-8 (Medium Density Residential) to R-15 (Medium-High Density Residential); Request to Modify Note #4 by Removing the Zero Lot Line and Modifying Note #10 by Removing the Requirement for Attached Houses from the Recorded Plat, by Eagle Springs Investment, LLC. Case No(s). RZ-08-007 and MFP-08-007 For the City Council Hearing Date of: January. 6, 2009 (Findings on the January 27, 2009 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 6, 2009, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 6, 2009, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 6, 2009, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 6, 2009, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-08-007 &MFP-08-007 -1- • • 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description and Development Agreement provisions in the attached Staff Report for the hearing date of January 6, 2009, 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 Rezone request as evidenced by having submitted the legal description and exhibit map prepared by D. Terry Peugh, PLS, dated 12/02/08, is hereby conditionally approved; and, 2. A Development Agreement is required with approval of the subject Rezone application and shall include the provisions noted in the attached Staff Report for the hearing date of January 6, 2009, incorporated by reference. D. Attached: Staff Report for the hearing date of January 6, 2009. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-08-007 & MFP-08-007 -2- • B action of the City Council at its regular meeting held on the z~'~ day of 200 COUNCIL MEMBER DAVID ZAREMBA VOTED AI~S+u~i' COUNCIL MEMBER BRAD HOAGLUN COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED VOTED VOTED VOTED ~~~ \~~~,,,,,,~~~or T de Weerd Attest: ~`~,.~`~~'~y ~~~9~,''%i ~o s ~~ Jaycee H an, City Clerk 'G ~`~ c %,'s'p cGSr ~s~ • ~ .Zoe.: ,, .9 ~P ~. Copy served upon Applicant,'`,1,~,D~partment, Public Works Department and City Attorney. B Dated: ~' Z8'oq ' Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-08-007 & MFP-08-007 -3- CITY OF MERIDIAN PLANNING I~RTMENT STAFF REPORT FOR THE HEATE OF JANUARY 6, 2009 STAFF REPORT Hearing Date: January 6, 2009 • MFP-08-007 Final Plat modification for Windham Place Subdivision to modify note #4 by removing the zero lot line; and modifying note #10 by removing the requirement for attached houses from the recorded plat. 1. SUNIMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Eagle Springs Investments, has applied for a Rezone (RZ) of 5.03 acres from R-8 (Medium Density Residential) to R-15 (Medium-High Density Residential). Concurrently, the applicant has submitted a final plat modification for Windham Place Subdivision to modify note #4 by removing the zero lot line and modifying note #10 by removing the requirement for attached houses from the recorded plat to allow the construction of single family detached homes. The subject site is located east of N. Meridian Road, and approximately 1/Z a mile south of E. Ustick Road. 2. SUNIlVIARY RECOMMENDATION The subject applications (RZ-08-007 &MFP-OS-007) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis of the requested RZ and MFP applications below. Staff recommends approval of RZr08-007 and MFP-08-007 for Windham Place, as presented in the Staff Report for the hearing date of December 4, 2008, based on the Findings of Fact as listed in Exhibit D and subject to the conditions listed in Exhibit B. Note: The Commission is not required to make a recommendation on the Final Plat modification request (MFP--08-007). The Meridian PlanninS & Zoning Commission heard this item on November 6 and December 4.2008. At the December 4a' public hearing the Commission voted to recommend approval of the subject RZ request. a. Summary of Commission Public Hearing: i. In favor: Peter Harris ii. In opposition: None iii. Commenting• None iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. The dimensional standards of the R-8 zoning district regarding single family detached and single family attached homes. c. KeY Commission Change(s) to Staff Recommendation: i. Staff initiated the change to strike DA provision #4 because the lot (Lot 1, Block 1) talang access to Meridian Road is not part of the rezone reauest and no other lots have direct lot access to Meridian Road. d. Outstanding Issue(s) for City Council: i. Is rezoning this property from R-8 to R-15 appropriate for allowing the construction of single family detached homes. Windham Place RZ-08-007 &MFP-08-007 PAGE 1 CITY OF MERIDIAN PLANNING I~TMENT STAFF REPORT FOR THE HEARIN~ATE OF JANUARY 6, 2009 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-08-007 and MFP-08-007, as presented in the staff report for the hearing date of January 6, 2009, with the following modifications: (add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-08-007 and MFP-08-007, as presented during the hearing on January 6, 2009, for the following reasons: (You should state specific reasons for denial of the rezone.) Continuance I move to continue File Numbers RZ-08-007 and MFP-08-007 to the hearing date of (insert continued hearing date here) so the Planning Department can draft conditions for approval (you should state reasons for continuance). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: East side of N. Meridian Road, and approximately 1/z mile south of E. Ustick Road NW % of Section 6, T3N, R1E b. Owners: Eagle Springs Investments, LLC 6951 N. Duncan Lane Boise, ID 83703 c. Applicant: Eagle Springs Investments, LLC 6951 N. Duncan Lane Boise, ID 83703 d. Representative: Peter Harris e. Present Zoning: R-8 Zachary A. Graves 267 E. Indian Rocks Court Meridian, ID 83642 Windham Place RZ-OS-007 &MFP-OS-007 PAGE 2 CITY OF MERIDIAN PLANNING I~TMENT STAFF REPORT FOR THE HEARIN~ATE OF JANUARY 6, 2009 f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: The applicant is requesting concurrent approval for rezoning of the 5.03 acres to R-15 and final plat modification to modify note #4 by removing the zero lot line; and modifying note #10 by removing the requirement for attached houses from the recorded plat h. Applicant's Statement/Justification): "Windham Place Subdivision was approved as a 231ot project with 22 attached units and one detached unit on March 14, 2006. All of the improvements as approved for the project have been completed and accepted by the City. Our intention was to build units comparable to the units built in the Highgate Subdivision next door. With the change in the market we have been forced to revise our plans. We began with moderately priced duplexes of which we have built two pairs to date. Sales have been slow. All of the feedback from interested buyers has indicated that people aren't interested in attached product and are looking for detached houses. The existing R-8 zoning requires all detached units to be built on lots 5000 sq ft or greater. We are looking to rezone to R-15 to allow for detached units to be built on smaller lots. As our lots are already improved we will not be making any changes to the lot sizes or configurations as shown on the approved plat. The approved density of 3.91 units per acre will not be changed; the only change will be houses that are 35' wide instead of 40' wide. We are looking to modify the Final Plat for Windham Place based on the previous narrative. The Final Plat Modification requires slight adjustments to the approved plat. Notes 4 and 10 need to be modified to allow the construction of single family detached homes." See applicant's narrative for more information: 5. PROCESS FACTS a. The subject application will in fact constitute a rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, Article A (Table 11-SA-1), a public hearing is required before the Commission and City Council on this matter. b. The subject application will in fact constitute a final plat modification as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, Article A (Table 11-SA-1), a public meeting is required before the City Council on this matter. c. Newspaper notifications published on: October 20, 2008 and November 3, 2008 (Commission); December 15, and 29, 2008 (Council) d. Radius notices mailed to properties within 300 feet on: October 10, 2008 (Commission); December 12, 2008 (Council) e. Applicant posted notice on site by: October 24, 2008 (Commission); December 19, 2008 Council 6. LAND USE a. Existing Land Use(s): Existing residence with accessory buildings and vacant land. b. Description of Character of Surrounding Area: The surrounding area is developed as single family residential. c. Adjacent Land Use and Zoning 1. North: Single Family Attached Homes (Highgate Subdivision); zoned R-8. 2. East: Single Family Residential (Fothergill Pointe Subdivision); zoned R-8. 3. South: Single Family Townhomes (Breinholt Subdivision); zoned R-8. 4. West: Single Family Residential Subdivisions; zoned R-4. Windham Place RZ-08-007 & MFP-08-007 PAGE 3 CITY OF MERIDIAN PLANNING T~RTMENT STAFF REPORT FOR THE HEARIN~ATE OF JANUARY 6, 2009 d. History of Previous Actions: The subject site was annexed and zoned (AZ-OS-053) and preliminary platted (PP-OS-055) in 2006. In addition, a final plat (FP-06-022) was approved for 23 buildable lots and 3 common lots in 2006. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: All mains were previously installed. Location of water: All mains were previously installed. Issues or concerns: None. 2. Vegetation: Existing mature trees around existing residence and canal. 3. Flood plain: NA 4. Canals/Ditches Irrigation: The Creason Lateral transverses along the northern property boundary. 5. Hazards: None known on property. 6. Proposed Zoning: R-15 7. Size of Property: 5.91 acres 8. Description of Use: Single-Family Residential f. Subdivision Plat Information 1. Residential Lots: 23 2. Non-residential Lots: N/A 3. Total Building Lots: 23 4. Common Lots: 3 5. Other Lots: N/A 6. Total Lots: 26 7. Open Lots: 3 8. Residential Area: 5.78 acres 9. Gross Density: 3.91 units per acre g. Landscaping 1. Width of street buffer(s): 25 feet required on Meridian Road. The landscaping has been installed with the approval of the Windham Place Subdivision and is to remain unchanged. 2. Width of buffer(s) between land uses: None required; the subdivision is surrounded by lands designated for, or developed as, single family residential. h. Proposed and Required Residential Standards: per the R-15 (and R-8) zones are as follows: Setbacks Proposed (R-8) Required (R-15) Front 20 20 Street side (Garage) 20 20 Street side (Living) 15 10 Windham Place RZ-08-007 & MFP-OS-007 PAGE 4 CITY OF MERIDIAN PLANNING I~iTMENT STAFF REPORT FOR THE HEARIN~ATE OF JANUARY 6, 2009 Side 5 5 Rear 12 12 Frontage 40/50 0 Lot Size 4060 / 5500 min. sq. feet 2,400 min. sq. ft. i. Summary of Proposed Streets and/or Access: Access to the development is from Hawk Street from the east and Larchmont Avenue from the south, with the exception of Lot 1, Block 1, which takes access from Meridian Road to the west. All roadways are constructed and operational for Windham Place Subdivision. These roadways were evaluated and approved by the City and ACHD. 7. COMMENTS MEETING On October 16, 2008 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department and Meridian Public Works Department. Staff has included all comments and recommended actions attached in Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site 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 dwelling units per acre (see Page 99 of the Comprehensive Plan.). The overall density of the approved Windham Place Subdivision is 3.91 acres and is not proposed to change with the rezoning of the property. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1) All of the properties adjacent to the subject site are designated for medium density residential uses on the Comprehensive Plan Future Land Use Map. Further, the applicant is requesting the rezone to construct single family detached homes rather than single family attached home. Staff believes this development is compatible with the surrounding residential developments in the area. • Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities (Chapter VII, Goal IV, Objective C, Action 10) The subject property is designated Medium-Density Residential on the Future Land Use Map which identifies this area as an appropriate area for medium-density residential development. This proposal meets the Comprehensive Plan definition of medium-density, with a gross density of 3.91 dwelling units per acre. • Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow (Chapter VI, Goal II, Objective A, Action 6) The street connections are constructed and provide connectivity with the surrounding residential subdivisions. Windham Place RZ-08-007 & MFP-08-007 PAGE 5 CITY OF MERIDIAN PLANNING D~RTMENT STAFF REPORT FOR THE HEARIN~TE OF JANUARY 6, 2009 Preserve, protect, enhance, and utilize our natural resources in Meridian and surrounding areas. Preserve and conserve our waterways, wetlands, wildlife habitat, and other natural resources. (Chapter V, Goal I, Objective A) The Creason Lateral crosses the subject property and has been preserved and amulti-use pathway has been located in accordance with the Master Pathways Plan. • Offer a diversity of housing types for a greater range of choice. Encourage quality housing project for all economic levels in a variety of areas. (Chapter VII Goal V Objective A) The applicant believes rezoning the property to R-1 S and allowing the construction of single family detached homes will increase the viability of the project and provide affordable housing for the citizens of Meridian. • Support infill of random vacant lots in substantially developed, single-family areas at densities similar to surrounding development. Increased densities on random vacant lots should be considered if: Development of uses other than single-family structures are compatible with surrounding development as it complies with the current comprehensive plan. (Chapter VII Goal V Objective A Action 10) Staff finds rezoning this property to R-1 S should not impact the density approved with this development. Further, the proposed density is similar to the surrounding developments and stafffinds the home design compatible with the existing neighborhoods. • Apply design and performance standards to infilling development in order to reduce adverse impacts upon existing adjacent development. (Chapter VII Goal V Objective A Action 11) Staff does not foresee a negative impact on surrounding development by rezoning the subject property. The proposed single family detached products should be compatible with surrounding homes in the area -and do not differ much from the attached product already constructed within the development. Staff finds that the proposed R-1 S zoning designation is harmonious with and in accordance with the Comprehensive Plan. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's development request is appropriate for this property. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-21ists single family detached homes as permitted use in the R-15 zoning district. b. Purpose Statement of Residential Districts: The purpose of the residential districts is to provide for a range of housing opporhznities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation REZONE: The applicant is proposing to rezone 5.03 acres from an R-8 (Medium-Density Residential) zoning district to an R-15 (Medium High-Density Residential) zoning district. Windham Place RZ-08-007 & MFP-08-007 PAGE 6 CITY OF MERIDIAN PLANNING D~RTMENT STAFF REPORT FOR THE HEARIN~ATE OF JANUARY 6, 2009 Concurrently, the applicant has submitted a final plat modification for Windham Place Subdivision to modify note #4 by removing the zero lot lines and modifying note #10 by removing the requirement for attached houses to proceed with constructing single family detached homes on the site. Under the R-8 zoning district, there are different dimensional standards for single family attached and single family detached homes. Attached homes require 40 feet of lot frontage and 4,000 square foot lots; detached homes require 50 feet of lot frontage and 5,000 square foot lots. The project was approved for single family attached product and noted on the recorded plat. A majority of the lots have lot frontages of 45 feet and lots average less than 5,000 square feet respectively, which do not meet the dimensional standards for detached homes in an R-8 zoning district. Therefore, the applicant is proposing to rezone the property to an R-15 zoning district which does not have a minimum lot frontage requirement and requires a minimum lot size of 2,400 square feet. It is important to the note the applicant is not proposing to increase the number units approved with the original project. Further, the setback requirements are the same with the exception of the setback to living area; the R- 8zone requires a 15-foot setback and the R-15 zone requires a 10-foot setback. If the subject rezone and final plat modification are approved the applicant would be able to proceed with constructing single family detached homes on the lots with minimal redesign to the current lot configuration. Staff is supportive of the applicant's request to rezone the property provided the applicant enters into a development agreement with the City (applicable DA provisions will be discussed in further detail below). The rezone legal description submitted with the application (prepared on 12/02/08 by Terry Peugh, PLS) shows the property within the existing corporate boundary of the City of Meridian. Development Agreement: UDC 11-SB-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. A development agreement was not required with the annexation of this property in 2005. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan and does not negatively impact nearby properties. If the Commission and Council decide it is in the best interest of the City to rezone this property, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 898-5506, within 12 months to initiate this process. Please be advised a $303.00 fee will required to process the development agreement. The DA shall incorporate, at a minimum, the following, in addition to provisions the Commission and Council deem appropriate: 1. Future homes on this site shall be generally consistent in appearance to the elevations attached in Exhibit A. The applicant shall construct homes on the site that contain the following design features: varying pitch roof design including gable and hip rooflines facing the street, shutters around the windows on the front facade, substantial pillars with substantial bases and front facades accented with brick/stone, garage door with a glazing element and covered porch areas. Building materials shall be of quality materials including but not limited to wood siding, hardie plank siding and/or stucco, incorporating varying siding materials (wide plank, narrow plank, board and batten, and cedar shingles) and a minimum of two field colors and a trim color. 2. Any future subdivision, uses, and construction on this property shall comply with the City of Meridian ordinances in effect at the time of application submittal. 3. The subject site shall develop with a maximum of 23 single family detached homes. Each home shall comply with the R-15 building setbacks, and not encroach into any easement. Windham Place RZ-08-007 & MFP-08-007 PAGE 7 CITY OF MERIDIAN PLANNING D~RTMENT STAFF REPORT FOR THE HEARIN~TE OF JANUARY 6, 2009 Access: Access to the development is from Hawk Street from the east and Larchmont Avenue from the south, with the exception of Lot 1, Block 1, which takes access from Meridian Road to the west. All roadways and sidewalks are constructed and operational for Windham Place Subdivision. Building Elevations: As mentioned earlier, Windham Place Subdivision was approved for the construction of single family attached homes with the exception of the existing home that fronted on Meridian Road and Lot 17 of Block 1. As part of that approval, elevations were not tied to the development via a development agreement; however there is a note on the recorded plat that required 1,000 square foot single family attached homes. The applicant has submitted renderings of a single story home and a two story home depicting how future homes may be constructed on this site. The single story home calls out masonite and board and batten siding. Shutters and stone veneer accent the front fagades of both homes. In addition, glazing is provided on the garage doors of the homes. A front porch is provided for the second story home and a covered entryway is provided for the single story home. The roof design also incorporates modulation and hip and gable rooflines for the proposed buildings. The UDC requires buildings to be constructed of high quality building materials such as stone, brick, wood or other native materials. In no case shall the buildings use vinyl siding as the primary siding material. Staff has reviewed the submitted building elevations and believes future homes will be constructed of durable building materials. Further, Staff is including a Development Agreement provision requiring these design features in future homes built in this subdivision. Landscaping/Site Improvements: Staff has visited the site and all improvements (roadways, pathways, sidewalks, fencing and landscaping) have been constructed and installed for Windham Place Subdivision. FINAL PLAT MODIFICATION: There are no required findings for a final plat modification. As mentioned above, the recorded final plat restricts the applicant to 1,000 square foot single family attached homes. Currently two pair of attached product has been constructed on the site. The applicant states that feedback from potential buyers has indicated a single family detached product is more desirable in today's market. Therefore, the applicant is requesting to modify the recorded plat to allow the construction of single family detached homes. The modification will include removing note # 10 from the recorded plat and modifying note #4 by removing the zero setback lot lines referenced in the legend and on interior lot lines of the recorded plat. The notes on the recorded plat shall be modified as follows: 4) All lots r°°°°-~~ ' °°+"-°'~ ~ °'',...,.. °~°~''°^°^a' are hereby designated as having a permanent easement for public utilities, irrigation and lot drainage over the five (5) feet adjacent to any interior lot line, unless otherwise shown and dimensioned (Remove zero lot line exhibit from the legend as well). 10) , .(Remove from notes) Staff is supportive of the applicant's request; however after reviewing the recorded plat and the applicant's floor plan, there are four lots (Lots 3, S, 8 8t 9 of Block 2) that may not accommodate the housing product, as proposed. Lots 3 and 5 have an 8-foot P.U.I.D. easement along the northern property boundary and Lot 8 and 9 have lot frontages of 40 and 41 feet respectively. The submitted housing plans depict a 35-foot wide home which would conflict with the required 5-foot side setback and utility easements along the interior (side) lot lines. Staff is Windham Place RZ-08-007 & MFP-08-007 PAGE 8 CITY OF MERIDIAN PLANNING D~RTMENT STAFF REPORT FOR THE HEARIN~TE OF JANUARY 6, 2009 recommending the applicant reconfigure the lots along the eastern boundary or redesign homes for those lots to comply with the side setbacks of the R-15 zoning district and do not interfere with e~sting 8-foot easement on Lots 3 and 5. The applicant may submit a Property Boundary Adjustment application to reconfigure the lots along the east boundary to accommodate the homes and the existing easements. As another option, the applicant could decrease the number lots and still be in substantial compliance with the approved final plat. Further, if an additional housing type is the preferred route, then elevations should be submitted to staff ten days prior to the City Council hearing to ensure future homes on those lots will comply with the setback of the R-15 zoning district and not conflict with the aforementioned P.U.I.D. easements. b. Staff Recommendation: Staff is recommending approval of RZ-08-007 and MFP-08-007 for Windham Place, as presented in the Staff Report for the hearing date of December 4, 2008, based on the Findings of Fact as listed in Exhibit D and subject to the conditions listed in Exhibit B. The Meridian Planning & Zoning Commission heard this item on November 6 and December 4.2008. At the request The Meridian City Counc'1 heard thece items on January 6.2009. At the public hearing the Council approved the subject RZ and MFP reauest 11. EXHIBITS A. Drawings 1. Vicinity Map 2. Approved Final Plat 3. Approved Landscape Plan 4. Elevations B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description and Exhibit Map D. Required Findings from Unified Development Code Windham Place RZ-08-007 & MFP-08-007 PAGE 9 CITY OF MERIDIAN PLANNING D~RTMENT STAFF REPORT FOR THE HEARIN~ATE OF JANUARY 6, 2009 A. Drawings 1. Vicinity Map Exhibit A - 1 - CITY OF MERIDIAN PLANNING D~TMENT STAFF REPORT FOR THE HEARIN~TE OF JANUARY 6, 2009 2. Approved Final Plat ~~~ °~P ~ ~~ ~~~ ., ~_,.- -.F. ~~z. ..~..~ ~~~_5.~~*~-~ , ~ ~~1.,t~ ~. ~~ I~ K ~ I ~ J p~ '- "i h , - f ~}~ ~ 3 ~~~ - _ ~ , .'~ 4 ~~' ~ ~~xp ~,~ ~~ r ~ _ ~ . ~ ° °°, `~.~~ < ~ ~; ;~.~ t "5,'a ~- ~ , ~ c ~~ . a, f e~~ ~ r ~ '" 4 "i ~ ero~ h. ' e r __~ T ~ :: ~' ~_ ~ 1 --- ~ _. ~ ~,, '~•a : ~, ~-- --a w Exhibit A - 2 - CITY OF MERIDIAN PLANNING D~TMENT STAFF REPORT FOR THE HEARIN~TE OF JANUARY 6, 2009 3. Approved Landscape Plan ~_- -~--.a ~~ _ ~. 4 ~ ~~ ~ ~ ~a r ~ ~d ~' . ~. ~ ,_ 1y Y ti" ' p ~~~~_ f ~~ ~ w e ~ J ~, 2 ~~ h p ~~r °} ~~ OY- r 1$b a mot`, Exhibit A - 3 - CITY OF MERIDIAN PLANNING I~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF JANUARY 6, 2009 4. Elevations .~,--- _ _ ~~ - a .._ Exhibit A _ 4 _ CITY OF MERIDIAN PLANNING 1~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF JANUARY 6, 2009 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The rezone legal description prepared by Terry Peugh, PLS, dated 12/02/08 and submitted with the application, is accurate and meets the requirements of the City of Meridian and State Tax Commission. 1.2 Prior to rezone ordinance approval, the applicant shall enter into a Development Agreement with the City. Said Development Agreement shall be signed within 12 months of the City Council's approval of this application. Please be advised a $303.00 fee will required to process the development agreement. See section 10 above for analysis and comments regarding the DA provisions subject to Windham Place Subdivision. 1.3 Approval of the rezone and fmal plat modification does not relieve the applicant/developer from compliance with any previous approvals; the applicant shall comply with all applicable conditions from AZ-OS-053, PP-OS-055 and FP-06-022, for Windham Place Subdivision. 1.4 The applicant shall redesign the homes/floor plans for those lots along the eastern boundary so they comply with the side setbacks of the R-15 zoning district and do not interfere with existing easements on Lots 3 and 5; or the applicant may submit a Property Boundary Adjustment application to reconfigure the lots along the east boundary to accommodate the homes and the existing easements. If an additional housing type is the preferred route, then elevations shall be submitted to staff ten days prior to the City Council hearing. All homes shall comply with the setback of the R-15 zoning district and shall not conflict with any easements. 2. PUBLIC WORKS DEPARTMENT 2.1 Public Works has no opposition with this application. All conditions of approval from the previously approved plat will apply. 3. FIRE DEPARTMENT 3.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not 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. 3.2 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. 3.3 Building setbacks shall be per the International Building Code for one and two story construction. 3.4 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout Exhibit B - 1 - CITY OF MERIDIAN PLANNING D~TMENT STAFF REPORT FOR THE HEARIN~ATE OF JANUARY 6, 2009 with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. POLICE DEPARTMENT (NO COMMENTS PROVIDED) 5. PARK5 DEPARTMENT 5.1 Pathway and Trail standards: The proposed pathway and/or trail shall be constructed in accordance with the Meridian Park Department's requirements. 5.2 Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 5.3 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance UDC 11-3B-10 will be followed. 5.4 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance UDC 11-3B-10 will be followed. 6. SANITARY SERVICE COMPANY (NO COMMENTS PROVIDED) 7. ADA COUNTY HIGHWAY DISTRICT (NO COMMENTS PROVIDED) Exhibit B _ 2 _ CITY OF MERIDIAN PLANNING D~TMENT STAFF REPORT FOR THE HEARIN~ATE OF JANUARY 6, 2009 C. Legal Description and Exhibit Map 1QA~~ 1450 EascYVatertower St, Suite I50 SURV~~ Meridia~a.ldaho 83642 GRdUp Phone {208} 846-8570 Fax {208) 884-5399 Project No. OS-182 August 25, 2008 Revised November 3, 2008 Revised December 2, 2008 Windham F1ace Strbdivisian Rezone Description from R8 to RIS Windham Place Subdivision, excepting Low 1 and 16, Block 1 thereof, as same is recorded in Book 98 of Plats at Page 12462, Ada County records, located in Government Lot 5 of Section 6, T.3R1., R. l E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the West 114 corner of said Section b, from which the Northwest corner of said Sections bears North ~° 17' 16" East, 2658.29 feet; Thence North 00°17' 16" Fast, 742.50 feet; Thence Ntarth 89°42'44" East, 25.00 feet; Thence South 89°42'44" East, 51.38 feet; Thence South 88°13'4T' East, 122.4$ fee# to the REAL POINT OF BEGINN1iNG. Thence North 76°54'QO" East, 270.80 feet; Thence North S3°44'51" East 53.78 feet to an angle poiaat on the southerly boundary of Highgate Subdivision Phase 2, as same is recorded in Book 90 of Plats at Page 10514, Ada County records, said point lying in the South Slough (Finch Lmteral); Thence continuing and along said slough and southeasterly boundary of said subdivision North 53°44•'51"East, 493.59 feet {of record as North 53°38" East, 7.30 chains); Thence North 35°30' 12" East, 258.83 feet (af record as North 45°13' East, 3.8{1 chains}; Thence North 89°43'38" East, 39.70 feet (ofrecord as East 0.651inks} to the Northeast comer of said Government Lot 5, common to the Northwest corner of Fathergill Pointe Subdivision No. 3, as wane is recorded in Back 73 of Plats at Page 7555, Ada County retards; Thence along the V4'est boundary of said subdiz~sion and a westerly boundary of Fothergill Subdivision No. 1, as same is recorded in Boak 65 of Plats at Page 6539, Ada Coutaty records, South QO°19'53" West, 701.74 feet {record 10.64 chains}; Thence North 66°57'45" West, 36.80 feet ~retord North 66°47' 10" West, 37.03 foet} to the mast northerly comer of Lat 4, Block 5 of said Fothergill Subdivision No. 1; Pro fesstanet Land Sarveyors Exhibit C - 1 - CITY OF MERIDIAN PLANNING D~TMENT STAFF REPORT FOR THE HEARIN~ATE OF JANUARY 6, 2009 'I°h~nce d~purtin~ ss~id subdivision hcjundary North b7°19'04" West, 181.G5 feet (record of previous t~.uo calla North 56°57' West, 3.25 chains); Thence Forth 88°13'47" West, 15.$9 feet; Thence: North i"47'24" Eaat, 90.07 feet; Thence North 8~°12'3b'" West, 45.00 feet; Th~:nce South I°47'24" West, 90.08 feet; Thence North 8t7°13'47" West, 629.09 feet to the Point of BeBinnin8. C®ntainng 5.03 Aeres, maze ar less. Prepared I3y: Idaho Survey ~Ciraup, P.C. ~t ~~~Y ac D. Terry Peugh, PLS Exhibit C - 2 - CITY OF MERIDIAN PLANNING D~TMENT STAFF REPORT FOR THE HEARIN~ATE OF JANUARY 6, 2009 °~ ~~ ~c5 3p0 q(~ ~ ~~ 2Qt~ SCALE: 1" = 20C}' rn ca ~, ~ q cp i9t w :' c~ ~~;~ ~G a~~ vT m N 89°43'3$" E °~ 39.7©' S. ,36 S: 31 ,~'1. , S. ~ S. b' ~ E.-USIICK RD. ~~~~~~ ~ ~ ~,~,~ ~ , ~ J j,~f ~ ,; ~.~ ~..~.~. ~~ ~ ~ N88°13'47"W '~ , T ~ca~NC: ~- p ~ ~~.4$' .,~ ~~ s~~r~t PRpp SED ~Ctt~7P1~~R-~R5 Zvi ~ /'/`` r j~- ~ ~ ~ t ~ .:. N88°13'47"W ~ 629.09' Aj ~-- ~ ~ REAL POINT 6, ~,g ~ ,n OF BEGINNING 1c4r ~~'~ S89"42'44"E 51.38' 1/4 N89°42'44"E S. 9 S. 6 25.00' ~Eedt ~~YAL t~~ `' tC?AHcJ ~ i ~asae.cvnr~asvraEe nr '~ ~'U~VEYs~aiaiA~!aasaa - C~90&6£.tif4 G~c~uP, P.c. L.1t~E t.ENf~T~i ~EARI~~~ -I L1 15.69 [ti SB'1~`47"-,~ ~ t 3 ~5. i~ ~. r.~ E8'12'36„~ !N --- WiNDHAM PLACE SUBDIVISION L6Gni£p iN fiQV`T.. 6QT 8 f~ SECTI~d 8. fi.~7„ fi,iQ., B.M.. M6R1¢IAN. aDA G6klt+TT, I,PAf~4 3 ~~ s .~ r>~-,~~ Fs~1nAS~ 179,4E.Qfl Exhibit C - 3 - CITY OF MERIDIAN PLANNING ~TMENT STAFF REPORT FOR THE HEATE OF JANUARY 6, 2009 D. Required Findings from Unified Development Code 1. Rezone Findings Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an amendment to the Comprehensive Plan, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to rezone 5.03 acres to an R-15 zoning district. The Council finds that the proposed zoning map amendment will comply with the applicable provisions of the Comprehensive Plan. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council fmds that future development of this property should comply with the established regulations and purpose statements of the requested zoning district. c. 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. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council 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. e. The rezone is in the best interest of the City. The Council finds that the rezone of the subject property from R-8 to R-15 is in the best interest of the City, if the applicant enters into a Development Agreement (DA) with the City, as mentioned in Section 10 of the Staff Report. Exhibit D _ I _ ! • January 23, 2009 AZ 08-012 MERIDIAN CITY COUNCIL MEETING January 27, 2009 APPLICANT Landmark Engineering & Planning, Inc. ITEM NO. 5-D REQUEST Findings for Approval -Request for Annexation and Zoning of 5.03 acres of land from RUT to R-4 zones for Shays Cove - 3155 South Mesa Way AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CffY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached minutes See attached Findings Date: Phone: Staff Initials: Materials presented at pubik meetings shall become properly of the City of Meddlan. CJ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • (j~~E IDIZ IAN,> ~J In the Matter of Annexation and Zoning of 5.03 Acres of Land from the RUT Zoning District in Ada County to the R-4 Zoning District; and Preliminary Plat for 7 Single- Family Residential Building Lots and 3 Common Lots on 4.45 Acres in a Proposed R-4 Zoning District, by Landmark Engineering & Planning, Inc. Case No(s). AZ-08-012 & PP-08-009 For the City Council Hearing Date of: January 6, 2009 (Findings on the January 27, 2009 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 23, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 23, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 23, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 23, 2007, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-08-012 & PP-08-009 -1- • ~~ 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, Conditions of Approval, and Development Agreement provisions, all in the attached Staff Report for the hearing date of December 23, 2007, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The Applicant's Annexation & Zoning request as evidenced by having submitted the legal description and exhibit map stamped and dated June 12, 2008 by Fritz Brownell, PLS, is hereby conditionally approved; 2. A Development Agreement is required with approval of the subject annexation and shall include the provisions noted in the attached Staff Report for the hearing date of December 23, 2008, incorporated by reference; 3. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated 10/22/08 is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of December 23, 2008, incorporated by reference. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-08-012 & PP-08-009 -2- • • in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of December 23, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-08-012 & PP-08-009 -3- ~ i 1~ B ion of the City Council at its regular meeting held on the ~ day of 2008. COUNCIL MEMBER DAVID ZAREMBA VOTED ~~~ COUNCIL MEMBER BRAD HOAGLUN VOTED 1_~ ~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) ~~~~ ~~~ Mayor T y e Weerd Attest: ````, ,`,l ~ ____' `~q~ .,,''' ~' ~'T~o L Jaycee an, City Clerl~ .~ ~ Copy served upon Applicant, ~T~~~l''dD `~ment, Public Works Department and City `~/0~ Dated: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-08-012 & PP-08-009 -4- CITY OF MERIDIAN PLANNING I~TMENT STAFF REPORT FOR THE HEARING ~E OF DECEMBER 23, 2008 SUBJECT: Shays Cove • AZ-08-012 Annexation and Zoning of 5.03 acres of land from the RUT zoning district in Ada County to the R-4 zoning district • PP-08-009 Preliminary Plat for ~ 7single-family residential building lots and 3 common lots on 4.45 acres in a proposed R-4 zoning district Update: At the public hearing on October 2, 2008, the Commission requested the proiect be continued to November 20, 2008 in order for the preliminary plat to be revised The applicant has submitted a revised plat, as requested, that shows S. %i Place extending to the north property boundary and a temporary turn around for emergency access for the Fire Department The temporary turn around will remain in place until such time as S. %i Place is extended to the north. Additionally. the applicant has removed one of the two building lots that fronted on Mesa Wav: now only the lot that contains the existing home and shop buildings front on Mesa W .Staff is supportive of the proposed plat as shown in Exhibit A. Staff has revised the staff report to reflect the changes made to the plat (revisions in strike-out, boldlunderline format). 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Landmark Engineering & Planning, Inc., has applied for Annexation and Zoning (AZ) of 5.03 acres of land from the RUT zoning district in Ada County to the R-4 (medium low-density residential) zoning district. Preliminary Plat (PP) approval is also requested for ~ 7single-family residential building lots and 3 common lots in the proposed R-4 zoning district for Shays Cove Subdivision. The proposed plat is-are-plat of Lot 1, Block 2, of Kachina Estates Subdivision. The site is located at 3155 S. Mesa Way, approximately 1/3 of a mile west of Locust Grove Road on the north side of Victory Road. This property is within the City's Area of Impact, Urban Service Planning Area and is contiguous to the current City limits. 2. SUNIlVIARY RECOMMENDATION The subject applications (AZ-08-012 & PP-08-009) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and a recommendation for the requested Annexation and Zoning and Preliminary Plat applications. Staff is recommending approval of the subject AZ and PP applications with the Development Agreement provisions listed in Section 10, and the conditions listed in Exhibit B of the Staff Report, based on the finding in Exhibit D. w~[~tin~in c~rda~fnr tl ~' + + +~- ~ ~ +i. .,a;+:,,.,., ,.r i + a a rr r r The Meridian Planning & Zoning Commission heard these items on September 18 October 2 and November 20, 2008. At the public hearing on November 20.2008. they moved to recommend approval of the subiect AZ and PP request. Shays Cove Page 1 CTTY OF MERIDIAN PLANNING D~TMENT STAFF REPORT FOR THE HEARING i~ OF DECEMBER 23, 2008 a. Summary of Commission Public Hearing: i. In favor: Chris Todd 11. III OAAOS1t10II: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Wafters vi. Other staff commenting on application: None b. Kev Issue(s) of Discussion by Commission: i. Support of the revisions to the plat that include a stub street to the north property boundary and a temporary turnaround. c. Kev Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. None .~, Summary of Ci Council Public Hearinn: ~. In favor: Jed Wyatt ~, In opposition: None ~. Commenting: None ~y. Written testimony; None y. Staff nresentin~ application: Sonya Wafters ya. Other staff commenting on application: None ~_ Key Issues of Discussion by Council: ~, The distance between Mesa Way and the proposed Koi Place. ~_ Kev Counci Chau~es to Staff/ConLSSion Recommendation ~ None 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-08- 012 and PP-08-009 as presented in the staff report for the hearing date of December 23, 2008, with the following modifications to the conditions of approval: (Add any proposed modifications.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ-08- 012 and PP-08-009 to the hearing date of (insert continued hearing date here) for the following reason(s): [you should state specific reason(s) for continuance]. Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-08-012 and PP-08-009 as presented during the hearing on December 23, 2008, for the following reasons: [Please state specific reason(s) for denial.] 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 3155 S. Mesa Way -Tax Parcel: 84814130175 The site is generally located on the north side of E. Victory Road, approximately 1/3 mile west of Shays Cove Page 2 CITY OF MERIDIAN PLANNING )~TMENT STAFF REPORT FOR THE HEARING ~ OF DECEMBER 23, 2008 Locust Grove Road, in the southeast 1/a of Section 19, Township 3 North, Range 1 East. b. Applicant: Landmark Engineering & Planning, Inc. 332 N. Broadmore Way Nampa, ID 83687 c. Owners: John Shay 3155 S. Mesa Way Meridian, ID 83642 d. Representative: Jed Wyatt, Landmark Engineering & Planning, Inc. e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Low Density Residential g. Description of Applicant's Request: The applicant is requesting Annexation and Zoning of 5.03 acres of land from the RUT zoning district in Ada County to the R-4 zoning district.. Preliminary Plat approval is also requested for ~ 7single-family residential building lots and 3 common area lots on 4.45 acres of land. 1. Preliminary Plat (labeled as Sheets 1 & 2, prepared by Landmark Engineering & Planning, Inc., dated 6/27/08, revised 10/22/08, attached in Exhibit A) 2. Landscape Plan (labeled as Sheets 1 & 2, prepared by Landmark Engineering & Planning, Inc., dated 7/22/08, revised 10/23/08, attached in Exhibit A) h. Applicant's Statement/Justification: Taken from the applicant's narrative, "This site is unique with the provision of generous lot sizes and the developer and his family will continue to reside in the subdivision. The developer is planning on building a new home on Lot 2 and selling his existing home on Lot 3 to his son. With the developer planning his future residence within Shays Cove Subdivision, this should show that this subdivision will be designed and developed to the highest standards. In addition, the submitted elevations should give the City the confidence of the quality design." (See Applicant's narrative submitted with the application for more information.) 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. b. The subject application will, in fact, constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. c. Newspaper notifications published on: September 1, and 15, 2008 (Commission); December 1, and 15, 2008 (City Council) d. Radius notices mailed to properties within 300 feet on: August 22, 2008 (Commission); November 26, 2008 (City Council) e. Applicant posted notice on site by: September 17, 2008 (Commission); December 12, 2008 (City Council) Shays Cove Page 3 CITY OF MERIDIAN PLANNING D~TMENT STAFF REPORT FOR THE HEARING D~ OF DECEMBER 23, 2008 6. LAND USE a. Existing Land Use(s): The site is currently a rural single-family residential lot and contains a home and shop buildings. b. Description of Character of Surrounding Area: The property is surrounded by existing and future residential uses. c. Adjacent Land Use and Zoning: 1. North: Single-family residential lots in Kachina Estates Subdivision, zoned RUT (Ada County) 2. East: Single-family residences in Cabella Creek Subdivision, zoned R-4 3. South: Future single-family residences in Cavanaugh Subdivision, R-8 4. West: Single-family residences in Glacier Springs Subdivision, zoned R-4 d. History of Previous Actions: • The subject property was previously platted as Lot 1, Block 2, of Kachina Estates Subdivision in Ada County. e. Public Works: 1. Location of sewer: E Victory Road. Location of water: E Victory Road. Issues or concerns: None 2. Vegetation: There are many existing trees on this site. 3. Floodplain: NA 4. CanalslDitches/Irrigation: There are no canals or irrigation ditches of significant size that traverse this site. 5. Hazards: Planning Staff is unaware of any hazards that may exist on this site. 6. Proposed Zoning: R-4 7. Size of Property: 5.03 acres in annexation boundary; 4.45 acres in plat boundary f. Subdivision Plat Information: 1. Residential Lots: ~ 7 2. Non-residential Lots: 0 3. Total Building Lots: ~ 7 4. Common Lots: 3 5. Other Lots: 0 6. Total Lots: ~ 10 7. Gross Density: X11.57 dwelling units per acre 8. Lot Sizes: Buildable lots range in size from ~~ 11,346 square feet (s.f.) to ~°~ 47,283 s.f. with an average lot size of 9:45 21,335 of an acre g. Landscaping: Shays Cove Page 4 CITY OF MERIDIAN PLANNING T~TMENT STAFF REPORT FOR THE HEARING ~ OF DECEMBER 23, 2008 1. Width of street buffer(s): UDC 11-2C-3 requires a minimum 25-foot wide buffer along E. Victory Road, a minor arterial street. as shown on the submitted landscape plan. Landscaping shall be provided in accordance with UDC 11-3B-7, Landscape Buffers along Streets. 2. Width of buffer(s) to adjoining uses: NA 3. Percentage of site as open space: 8% 4. Other landscaping standazds: Mitigation shall be required for all existing trees 4-inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement in accordance with UDC 11-3B-10, Tree Preservation. h. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): One public street, S. Koi Place, is proposed for access to Lots 2, 5 6, 7, 8, and 9, an~-9 to/from E. Victory Road. Access to Lots 3 ~-4 is~re~e provided from S. Mesa Way. Staff and ACRD are supportive of the existing and proposed access points ~. (See Section 10, Analysis, and Exhibit B.7 for more information.) 7. COMMENTS MEETING On August 29, and October 30, 2008, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as Low Density Residential. The purpose of low density designated areas is to allow for the development of single- family homes on large lots where urban services aze provided. Uses may include single-family homes at densities of three dwelling units or less per acre (see Page 99 of the Comprehensive Plan). The gross density for the proposed subdivision is 1.79 dwelling units per acre, which is consistent with the low density residential designation. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics): • "Require that development projects have planned for the provision of all public services." (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: - Sanitary sewer and water service will be extended to the property at the applicant's expense. - The subject land currently lies within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. - The subject land currently lies within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACFID). This service will not change. Shays Cove Page 5 CITY OF MERIDIAN PLANNING D~TMENT STAFF REPORT FOR THE HEARING D~ OF DECEMBER 23, 2008 - The subject land is currently serviced by the Meridian School District No. 2. This service will not change. - The subject land is currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning. Department, Meridian Utility Billing Services, and Sanitary Services Company. • "Encourage infill development in vacanbunderdeveloped areas within the City over fringe area development to halt the outward progression of urban development " (Chapter V, Goal I, Objective A.3) The subject property is surrounded by property to the south, east and west that has been annexed and is within the corporate boundaries of the city of Meridian. Approval of this development will assist in halting the outward progression of urban development, and encourage the development of underdeveloped parcels. • "Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow." (Chapter VI, Goal II, Objective A, Action Item 6) A street connection is met proposed to the rural residential property to the norther-a forfuture connectivity. • "Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities." (Chapter VII, Goal I, Objective D, Action Item 8) The gross density of the proposed subdivision is x-7-9 1.57 dwelling units per acre. The abutting rural residential lot to the north consists of 4.81 acres. Staff believes the proposed density and associated lot sizes serve as a transition to the existing rural residential properties to the north. • "Protect existing residential properties from incompatible land use' development on adjacent parcels." (Chapter VII, Goal IV, Objective C, Action Item 1) Staff believes that the proposed low density residential development of this property is compatible with existing adjacent residential properties. • "Provide for a wide diversity of housing types (single-family, modular, mobile homes, and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development." (Chapter VII, Goal V, Objective A, Action 4) Staff believes the proposed plat with larger than typical (and required) lot sizes in the R-4 district will contribute to the variety of housing types and lot sizes available in the community. 9. UNIFIED DEVELOPMENT CODE a. Zoning Schedule of Use Control: UDC Table 11-2A-2 lists a variety of uses. that are principal Shays Cove Page 6 CITY OF MERIDIAN PLANNING D~TMENT STAFF REPORT FOR THE HEARING 1~ OF DECEMBER 23, 2008 permitted, accessory, conditional, or prohibited within the R-4 zoning district. Single-family residential dwellings, as proposed, are a principal permitted use in the R-4 district. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation 1. ANNEXATION & ZONING: The applicant is requesting approval to annex and zone 5.03 acres of land from the RUT zoning district in Ada County to the R-4 zoning district. The Comprehensive Plan future land use map designation for this property is Low Density Residential, which is consistent with the proposed R-4 district and proposed gross density of ~} 1.57 dwelling units per acre for the subdivision. This property is within the City's Area of Impact and Urban Service Planning Area. The annexation legal description submitted with the application (stamped on June 12, 2008 by Fritz Brownell, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian (see Exhibit C). Development Agreement: UDC 11-SB-3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff feels that a DA is necessary in this instance to ensure that the property develops in a manner that is consistent with the comprehensive plan and does not negatively impact nearby properties. Prior to annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 898-5506 to initiate this process. Said DA shall be completed within 1 year of City Council action. The DA shall incorporate the following: a. The applicant shall be responsible for all costs associated with the sewer and water service extension. b. Any and all existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. c. Access to Lots 2, 5 6, 7, 8, and 9, and-IA shall only be provided from one public street access to/from E. Victory Road and direct lot access to Lots 3 ~4 shall only be provided from a driveway accesses to Mesa Way, as approved by ACRD. Any other access points to/from the subdivision are prohibited. Direct lot access to Victory Road is prohibited. d. The Applicant shall comply with the tree preservation and mitigation standards listed in UDC 11-3B-10 for protection of existing trees that are proposed to be retained and existing trees 4-inch caliper and greater that are proposed to be removed. e. South Koi Place shall be extended as a stub street to the north property boundary for future extension. The Fire Department requests that a temporary turnaround be Shays Cove Page 7 CITY OF MERIDIAN PLANNING I~TMENT STAFF REPORT FOR THE BEARING ~ OF DECEMBER 23, 2008 provided until such time as S. Koi Place is extended to the north. f. Future structures on the site shall substantially comply with the building elevations and construction materials (i.e. stucco, rock accents, file roof] shown in Exhibit A.4. 2. PRELIMINARY PLAT: The applicant is requesting Preliminary Plat approval of ~ 7 residential building lots and 3 common area lots on 4.45 acres of land in a proposed R-4 zoning district. This property has not been previously platted. The proposed plat is a re-plat of Lot 1, Block 2, of Kachina Estates Subdivision. Dimensional Requirements of the R-4 district, per UDC Table 11-2A-5: R-4 STANllA1tD REQUIRElYIENT Minimum ro erty size/dwelling unit (in square feet) 8,000 Minimum street frontage (in feet 60 Rear setback (in feet) 15 Interior side setback (in feet 5 Street setback to front loaded garage (in feet): Local 20 Collector 25 Street setbacks to living area and/or side loaded garage (in feet): Local 15 Collector 25 Street landsca a buffer (in feet): Collector 20 Arterial 25 Entrywa corridor 35 Interstate 50 Maximum buildin height 35 Minimum living area (ins uare feet): Detached 1,400 Attached 800 Minimum ground floor area for multi-story units (in square feet) 800 Note: sMeasured from back of sidewalk or pro e line where there is no adjacent sidewalk. Staff has reviewed the proposed plat and found the plat complies with the minimum property size and street frontage as required in the R-4 district. Future buildings constructed on the site shall comply with the dimensional standards in effect at the time of issuance of building permits. Existing Structures: There is currently one residential home and associated shop buildings located on proposed Lot 3. All of these structures except for one are proposed to remain and must meet the dimensional standards of the R-4 district listed above. If any of the existing Shays Cove Page g CTI'I' OF MERIDIAN PLANNING DTMENT STAFF REPORT FOR THE HEARING D~ OF DECEMBER 23, 2008 structures do not meet the required setbacks, they must be removed prior to signature on the fmal plat by the City Engineer or the lot boundaries must be adjusted for the structures to comply with setback requirements. Existing Trees: There are approximately 175 existing trees on this site; one of which is dead; and approximately 11 are proposed to be removed. Mitigation is required in accordance with the standards listed in UDC 11-3B-lOC for all existing healthy trees 4-inch caliper and larger that are removed from the site. Landscaping: The landscape plan submitted for this project, labeled Sheets 1 & 2, prepared by Landmark Engineering & Planning, Inc., dated 7/22/08, revised 10/23/08, attached in Exhibit A, is approved subject to the following revisions/notes: • Provide a minimum 25-foot wide buffer along E. Victory Road, a minor arterial street, as depicted on the plan and required by UDC 11-2A-5. Construct and maintain the street buffer in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets; • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department upon completion of the landscaping prior to Certificate of Occupancy for the site. All standards of installation should apply as listed in UDC 11-3B-14; • Depict 6-foot tall vinyl privacy fencing along the northern boundary of the subdivision. • Comply with the standards in UDC 11-3B-lOC for tree preservation of existing trees on site as follows: - Mitigation shall be required for all existing trees four-inch (4") caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of one hundred percent (100%) replacement. (Example: two (2) 10-inch caliper trees removed may be mitigated with four (4) 5-inch caliper trees, five (5) 4-inch caliper trees, or seven (7) 3-inch caliper trees.) There are several existing trees on the site that are proposed to be removed; the applicant shall be required to comply with this requirement., Contact the City Arborist, Elroy Huff, 898-3579, to set up a mitigation and protection plan. - No mitigation is required in the following: (i) existing prohibited trees within the street buffer or parking lot; (ii) existing dead, dying, or hazard trees certified prior to removal by the City of Meridian Parks Department arborist; (iii) trees that are required to be removed by another governmental agency having jurisdiction over the project. - Required landscaping: Existing trees that are retained or relocated on site may count toward the required landscaping. Mitigation trees are in addition to all other landscaping required by this Article. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the fmal plat application(s). Proposed Streets and/or Access: One public street, S. Koi Place, is proposed for access to Lots 2, 5 6, 7, 8, and 9, a~A to/from E. Victory Road. Direct lot access is proposed to Lots Shays Cove Page 9 CITY OF MERIDIAN PLANNING D~TMENT STAFF REPORT FOR THE HEARING D~ OF DECEMBER 23, 2008 3 ~4 from S. Mesa Way. The UDC (11-3A-3A.1) requires access to be provided from a local street (Mesa Way) when available instead of an arterial street (Victory Road). Typically, Staff would not support the proposed access to Victory. However, because of the location of the existing home and large shop buildings on Lot 3, Staff does not believe it is feasible to require access to be provided to the subdivision from Mesa Way (there isn't enough room for a street on the north side of the shops). Therefore, Staff and ACHD are supportive of the access points proposed. ~° ^'^4 °i.°•,.° a rr°; n,^^° °,,a;.,,. • ,•' a° ~ .Because the Comprehensive Plan supports interconnectivity between subdivisions, Staff (Planning, Fire, and Police) is recommending S. Koi Place be extended as a stub street to the north property boundary for future extension. The Fire Department is also requesting that a .temporary turnaround be provided until such time as S. Koi Place is extended to the north. Sidewalks: The landscape plan and plat depict a 5-foot wide detached sidewalk along E. Victory Road and a 5-foot wide attached sidewalk along S. Mesa Way and S. Koi Place, in compliance with UDC 11-3A-17C. All sidewalks constructed on the site shall comply with the standards listed in UDC 11-3A-17. Building Elevations: The Applicant submitted several building elevations as examples of what future homes on this site may look like that are included in Exhibit A.4. The building materials consist of stucco with rock accents and the roofs. Staff is supportive of the elevations proposed as they represent a high quality of design and construction materials. Therefore, Staff is recommending as a provision in the DA that future structures on the site substantially comply with these elevations and construction materials. Fencing: There is existing b5-foot tall vinyl fencing along the west property boundary that was constructed with Glacier Springs Subdivision. The Applicant is proposing to construct 6-foot tall vinyl privacy fencing along the northern boundary of the subdivision to match the existing fencing along the western boundary. However, this fencing does not show up on the landscape plan. Permanent or temporary fencing to contain debris during construction must be installed around the perimeter of the subdivision prior to issuance of a building permit for this site. Ditches, Laterals, and Canals: There are no ditches, laterals, or canals that traverse this site. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single- point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. b. Staff Recommendation: ' , .Staff recommends approval of the subiect AZ and PP applications with a Development Agreement. per the conditions in Exhibit B, based on the findings in Exhibit D. The Meridian Planning & Zoning Commission heard these items on September 18, October 2, and November 20. 2008. At the public hearing on November 20, 2008 they moved to recommend apuroval of the subiect AZ and PP request. The Meridian Shays Cove Page 1 ~ CTI'I' OF MERIDIAN PLANNING D~TMENT STAFF REPORT FOR THE HEARING D~ OF DECEMBER 23, 2008 11. EXHIBITS A. Drawings 1. Zoning/Vicinity Map 2. Preliminary Plat (labeled as Sheets 1 & 2, prepared by Landmark Engineering & Planning, Inc., dated 6/27/08, REVISED 10/22/08) 3. Landscape Plan (labeled as Sheets 1 & 2, prepared by Landmark Engineering & Planning, Inc., dated 7/22/08, REVISED 10/23/08) 4. Building Elevations B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code Shays Cove Page 11 CITY OF MERIDIAN PLANNING D~TMENT STAFF REPORT FOR THE HEARING D~ OF DECEMBER 23, 2008 A. Drawings 1. Zoning/Vicinity Map c; <: ~. -~ -I _i Exhibit A CTI'I' OF MERIDIAN PLANNING D~TMENT STAFF REPORT FOR THE HEARING D~ OF DECEMBER 23, 2008 2. Preliminary Plat (labeled as Sheets 1 & 2, prepared by Landmark Engineering & Planning, Ind., dated 6/27/08, REVISED 10/22/08) P&FAIM*` tPt Pl:~1S kM ~- ~~4 K' - hIt1Y1 <lI1L ~UBDItLAtt1` {{ ~~, - wawamnro.m n .. i n . r.w.mrva ew. . tua. .~ ~ A ., C~. t ~ i I ~ ' IR. '~ ~ ' ~L ~ ~ ~ ~~ s.-. .. ~ ...r „ ... x. ...... r'w..~ i ~. '' 3 : C ,. ::,_ p 8: '" ~ ... ~ , .... _ .... ..>.. "' .. ..a.. :. .. ~.. : r.~ i... s ...... .~ .. € ~. ~ . ,:, _e ~ .: ~.;p .- ~ _ a rz O d 5'... p... _. .. .............. f ..... v z , ~ b,5.. ~°~ ... .. ,:., ,.«„ x i Ci x aY.. .___.. _. _. ~. ._ t .. .., .. _. -.__..,,$ .._..... .... a ~ _ _ ~ ~ ,~. ~ .Y .. ~ ~ W ~~.:;. xav.9 m iaru. .. ~ .i nr m.u: .. ~ ..._____ _~.__..... _ . _ _.._ a ,~ V w ..._-n.-_ -.. _ <.. :' 8._ei. }~. ~ - YLSS3 ^ ~1+t~SYati6 pi+tk + d~• ~t=~.-. 1'RkUgfuANt nar w..w+.w .,.. SN~YK CY1\('GVOPNt ~~ifl~ .n r...., <an... .. ~i~L~ W ~~ -~~i E.. _._ iE .._.~_ i ..:, , _ _ ...___ __. _. z ~ s N ~ -~ .'_ ..~ i ~.. '. ~, u a -- -- . a ~, _ .' ~ _~~ e, _ .... .., .. ~ ,. ri 1 ~ j uu , ~ ao~ Fi - Ica ~~ try xra nimaia ~. e a ~ r R a .. ., . '.. ~,~. S4x .. ~ ~~ r .. ... ..... ~ .. mu. ~ V, E, 1. 1 Exhibit A CITY OF MERIDIAN PLANNING D~TMENT STAFF REPORT FOR THE I-IBARING D~ OF DECEMBER 23, 2008 3. Landscape Plan (labeled as Sheets 1 & 2, prepared by Landmark Engineering & Planning, Inc., dated 7/22/08, REVISED 10/23/08) Exhibit A CITY OF MERIDIAN PLANNINCI~ TIEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 2, 2008 Exhibit A CTI'Y OF MERIDIAN PLANNIN~ARTMENT STAFF REPORT FOR THE HEARING D~ OF OCTOBER 2, 2008 5. Building Elevations 4._..~,~ ~ ~ ,~ 2,648 square feet, 3 bedrooms h _ ~ E~~ E j I ~ J '- _.__ _ _ :i8'!1ii O AJY'.Vflt10f,~ ~. ~~ f 2,253 square lest, 3 bedrooms ~. _ _- - ~ _ _ -.. _ ,_ w,,_, "-'t <.. b Exhibit A CTfY OF MERIDIAN PLANNIN~ARTMENT STAFF REPORT FOR THE HEARING ~ OF OCTOBER 2, 2008 -~ R ~v F -F E~ nom.... `. _ ~.~ _.. - .~ `, ~.. ...._ ... J/ r 2,177 sc~~aart~ feet, 3 heomorr~; E~~., _ ~' ~. sari ~,va:a c~r~ , r ~~'~-~_ ~ 2.1 i6 square ta®t, 3 bedrorsrnu :w .~ _ ~ ~~ ; .~"~ ?z, .~, _~ ,_. rK t~.. ~ ~. ~ __ Exhibit A CITY OF MERIDIAN PI.ANNIN~ARTMENT STAFF REPORT FOR THE HEARING D~ OF OCTOBER 2, 2Q08 -~ - ~~ .> 1 .~i~ c:~c__~ `,987 squar© te64: 3 b¢rroom~ f .f ., .,: _ _ iz _rt~ ~ ~ -_s~ ~r 3.336 squ~u~e 9sei; 3 tedraori~,s ~3~la t~;a.I ., e.~ ,nx~a° :1 ••n ~ i r t+i ~ E [, r ~~ - ... -- _ ` _.._ _ -.. R C~1tY&SIY7^4` E'+v3tYlM(1 ____. Exhibit A CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEARING D~ OF OCTOBER 2, 2008 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS 1.1.1 The annexation legal description submitted with the application (stamped on June 12, 2008 by Fritz Brownell, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian (see Exhibit C). 1.1.2 A Development Agreement (DA) will be required as part of the annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian and the property owner(s) (at the time of annexation ordinance adoption). The Applicant shall contact the City Attorney, Bill Nary, at 888433 within one year of Council approval to initiate this process; a fee of $303.00 shall be paid by the applicant to the City Attorney's office prior to commencement of the DA. The DA shall include, at minimum, the following: a. The applicant shall be responsible for all costs associated with the sewer and water service extension. b. Any and all existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. c. Access to Lots 2, 5 6, 7, 8, and 9, a~A shall only be provided from one public street access to/from E. Victory Road and direct lot access to Lots 3 a~4 shall only be provided from a driveway accesses to Mesa Way, as approved by ACRD. Any other access points to/from the subdivision aze prohibited. Direct lot access to Victory Road is prohibited. d. The Applicant shall comply with the tree preservation and mitigation standazds listed in UDC 11-3B-10 for protection of existing trees that aze proposed to be retained and existing trees 4-inch caliper and greater that are proposed to be removed. e. South Koi Place shall be extended as a stub street to the north property boundary for future extension. A temporary turnaround shall be provided until such time as S. Koi Place is extended to the north. f. Future structures on the site shall substantially comply with the building elevations and construction materials (i.e. stucco, rock accents, the roof] shown in Exhibit A.4; the existing home and outbuildings may remain if the UDC required setbacks are maintained. 1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.2.1 The preliminary plat (labeled as Sheets 1 & 2, prepared by Landmazk Engineering & Planning, Inc., dated 6/24/08, revised 10/22/08) is ~ approved. , a~ima~3A~9piE'S 9~n -ir a~~ + +1. + • a Ei. a •~: ~ • ~ G~I3GQ Ii[CZiZftrIIIGOI~70r6LG3 Cl[rGOIICiILIUi'iL7'lI.7iG~ hele~: The Applicant shall also comply with the Development Agreement provisions associated with AZ-08-012 contained herein. 1.2.2 Prior to issuance of any building permits, the subject property shall be subdivided. 1.2.3 The landscape plan submitted for this project, labeled Sheets 1 & 2, prepared by Landmark Exhibit B CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEARING D~ OF OCTOBER 2, 2008 Engineering & Planning, Inc., dated 7/22/08, revised 10/23/08, attached in Exhibit A, is approved subject to the following revisions/notes: a. Provide a minimum 25-foot wide buffer along E. Victory Road, a minor arterial street, as depicted on the plan and required by UDC 11-2A-5. Construct and maintain the street buffer in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets; c. A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department upon completion of the landscaping prior to Certificate of Occupancy for the site. All standards of installation should apply as listed in UDC 11-3B-14; d. Depict 6-foot tall vinyl privacy fencing along the northern boundary of the subdivision. e. Comply with the standards in UDC 11-3B-lOC for tree preservation of existing trees on site as follows: i. Mitigation shall be required for all existing trees four-inch (4") caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of one hundred percent (100%) replacement. (Example: two (2) 10-inch caliper trees removed may be mitigated with four (4) 5-inch caliper trees, five (5) fl- inch caliper trees, or seven (7) 3-inch caliper trees.) Contact the City Arborist, Elroy Huff, 898-3579, to set up a mitigation and protection plan. ii. No mitigation is required in the following: (i) existing prohibited trees within the street buffer or parking lot; (ii) existing dead, dying, or hazard trees certified prior to removal by the City of Meridian Parks Department arborist; (iii) trees that are required to be removed by another governmental agency having jurisdiction over the project. iii. Required landscaping: Existing trees that are retained or relocated on site may count toward the required landscaping. Mitigation trees are in addition to all other landscaping required by this Article. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above with the fmal plat application(s). l~-lase as-a -s~tb~ee~~e t~e~,^,~~ ,•*. l.enn '~ ~ ~ ..A ~l+.~ll l.e •.l .l til ~ ~v-wv v-zcorrD~arr~ Pv1:arAo.l +.. +l.e ......Fl. Do .. .. *A ..el:...i...,..., .,1 ~ ~.. 1 •*l. H.• a t 1.2.5 A minimum 25-foot wide street buffer in a common lot is required along E. Victory Road, as shown on the plat. This buffer shall be maintained by the Homeowner's Association. 1.2.6 No signage is approved with this application. All signs proposed for this site shall obtain separate sign permit approval. 1.2.7 Direct lot access to E. Victory Road is prohibited and shall be noted on the final plat. ~e One access points to Mesa Way a~ is approved with this application; alfl other direct access points are prohibited and shall be noted on the final plat. 1.3 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.3.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to City Code. Exhibit B CITY OF MERIDIAN PLANNIN~ARTMENT STAFF REPORT FOR THE HEARING D~ OF OCTOBER 2, 2008 1.3.2 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 11-3A- 18. Where the Applicant has submitted a preliminary landscape plan and where Staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by Staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the Applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of fmal construction. 1.3.3 The Applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. 1.3.4 Staff's failure to cite specific ordinance provisions or terms of the approved Preliminary Plat does not relieve the Applicant of responsibility for compliance. 1.3.5 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6A. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in E Victory Road. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in E Victory Road Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The applicant shall provide a 20-foot common lot for all public water/sewer mains outside of public right of way. The common lot shall be covered with a blanket easement to the City of Meridian. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. Exhibit B CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEARING D~ OF OCTOBER 2, 2008 If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells maybe used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.9 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.11 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.18 The engineer shall be required to certify that the street centerline elevations 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. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 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 Exhibit B CTI'Y OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEARING D~ OF OCTOBER 2, 2008 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. MERIDIAN FIRE DEPARTMENT 3.1 One and two family dwellings not exceeding 3600 square feet will require afire-flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings greater than 3600 square feet and greater will require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 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 placed 18" above fmished grade to the center of the 41/z" outlets. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or e~sting hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide and support an imposed weight of 75,000 GVW. 3.6 Fire lanes, streets, and structures including the canopy height of mature trees shall have a vertical clearance of 13'6. 3.7 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.8 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the back of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.9 The .fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.11 Where a uortion 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 apuaratus access road, as Exhibit B CITY OF MERIDIAN PLANNIN~ARTMENT STAFF REPORT FOR THE HEARING ~ OF OCTOBER 2, 2008 measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where reauired by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.311 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R 3 and Group U occupancies the distance requirement shall be 600 feet 18( 3 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.12 To increase emergency access to the site, the applicant shall provide a stub street (S. Koi Place) to the property to the north. , . A temporary turnaround shall be constructed at the terminus of S. Koi Place and remain until such time as S. Koi Place is extended. 3.13 "No Parldng" signs shall be installed every 300 feet on the east side of S. Koi Place. 3.14 Lot 2 shall be addressed off of S. Koi Place. 3.15 The temporary turn around shall be a minimum of 96 feet in diameter. 4. POLICE DEPARTMENT 4.~ To increase emergency access to the site, the applicant shall provide a stub street (S. Koi r way Place) to the property to the north. D ' +'' °+ °"''''" ''"°'" +''° a i """°` °''"" 5. PARKS DEPARTMENT 5.1 The Parks Department did not submit comments on this application. 6. SANITARY SERVICE COMPANY 6.1 Turning Radius: The applicant shall provide a minimum of 50 ft. turning radius. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Dedicate either 48-feet ofright-of--way from the centerline of Victory Road abutting the parcel, or 38-feet ofright-of--way from the centerline of Victory Road abutting the parcel with a 10-foot public sidewalk and utility easement. 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 issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The District will purchase the right-of--way which is in addition to existing right-of--way from available Corridor Preservation Funds. 7.1.2 Construct a 5-foot detached concrete sidewalk no closer than 41-feet from the centerline of Victory Road abutting the site. 7.1.3 Construct Mesa Way as one-half of a 36-foot street section with vertical curb, gutter, and 5-foot concrete sidewalk abutting the site. Exhibit B CITY OF MERIDIAN PLANNIN~ARTMENT STAFF REPORT FOR THE HEARING ~ OF OCTOBER 2, 2008 7.1.4 Construct Koi Place as a 29-foot street section rolled curb, gutter, and 5-foot concrete sidewalk on both sides. Koi Place shall intersect Victory Road approximately 367-feet west of Mesa Way and 537-feet east of Glacier Bay Way (measured centerline to centerline). 7.1.5 Stub Koi Place to the north property boundary and install a sign at its north terminus stating that, "This road will be eztended in the future." 7.1.6 Construct a temporary turnaround with a 45-foot back of curb radius, rolled curb, nutter, and 5-foot sidewalk at the north terminus of Koi Place. Provide a temporary turnaround easement for any portion of the turnaround lyin~ outside of the dedicated risrht-of-way. 7.1.7 Construct all residential driveways no wider than 20-feet, and paved their full widths at least 30- feet into the site from the roadway edge. 7.1.8 Other than access specifically approved with this application, direct lot access to Victory Road is prohibited, and shall be noted on the final plat. 7.1.9 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. Exhibit B CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEARING ~ OF OCTOBER 2, 2008 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada. County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B CITY OF MERIDIAN PI.ANNIN~ARTMENT STAFF REPORT FOR THE HEARING ~ OF OCTOBER 2, 2008 C. Legal Description & Exhibit Map .~[1~ r '° ~. ~~~ 1+:. s~a~,~ ~~~ ~~~~a~ Illy ~~~ _ _.._.. _._ . _.W ,~ ~~ ~~ e f'ae~ 1 cif 2 ~ ~ (~~12 ~xiif .~~ ,~ ~ tia~' ~ (~~rFn~~r~rkfor~ c~~s~ra~~dr~rr~ fl "Citis parcel is n pc~rtce~ta ~f t.~at f and L,nt °~ ~t fca~l~ a of 1~,~CHIAJA E"i'A'1'p.5 an falr in braok s5, f~a~r 3b fn the Of'tice of tits Tte~crder, x^~da ~:c~t~~ty, sittaateci itt tlt~ S'3v'i14 ~f the SElf4 cif tiara 19~ 7°~~~atshi~ ~ cartft. 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SUS SECT T~"3 u11 ~~~~;.~j~~Itt~, ~i~;llL~, T~i1ttS-~1=~"~y° ~ri~l III a~th~r I~I~~,aarrtbri~e~ ~~'re~~rd ~r ~81'8i8 'kti, ,~-„.--,~ ---~.. ~ c :~ •.y.;fir ~ :.. ~ ~ ~'a ~ ~: ~r ~`~ `~ ~ .-~-'~> ~~ Ilbc'i~`'-t'~t~ Y14~. ft639~i~i Pi3Lifi ~~3IiK~ QEPT. 1 ~~~~~u'E.l.~i E7~rap,~c ~ I: ~. ~~: E~ ~, ~zlr~e~:;~tir d>dc.~ Exhibit C CITY OF MERIDIAN PI,ANNARTMENT STAFF REPORT FOR THE HEARING ~ OF OCTOBER 2, 2008 t.~;t~ A °a ~ L•` ~,~. '' ~'IC;"I'QR'~ & MESA s %~~i~ ~rsas ~,ar i ~ ~`.~~~ V A V~R1'0CBJ4d OF tc77s 0 ~'~ J.ti. z. ~ a1t ~S0'ATF.S + ~~~~ ~ f0€IJ•1C, ltrt:.q't`i:D ID t'k1~s S4~SP 014 t)1c'OY~F sP If9 Q'~ 'ni13+r t,tLt~,3.4TCt7 ,~~ ~6` •. ~R3~tiT3S0{~P 3 Alf}0ti'ld, ft~kk's?1rEl 0 J:Pi>~ [0~~5~ ~tJ1~~N t'~£ Wit' tr3 ~;:~ F. ~ ° 2t~Y$ ~® . ~~ I 1 ;'.r E ~„ ! ~ ~~9 ~a~'25"E .~ 1 ~ °c;' ~ ' z ~ ~ M` '" '~5 E t?.~'.7~~ t ' ' 1~ ~ z~ . ® ~ sr. ~ V99 3~ ~b E 1 1 ' i f ~ !3t)U~tiCIt~RY AT+i S,fI.3 fir Tt~ ~ 0 ~ SCxLt'' 1" m t "a~°t" Jt~ ~?t ~ ~^ ~~. 9'~: C F,.«~ 119 I@g 4~ I P39?'m~'22°14' I a. 1 ~4 T3.~i' ~;0>~F ~~^2~<~nt ti~ 1ti .:~~'42'pS~,~ F:A.a'`I' 1,~~'C8R'S° ${t~~4~ .p y`rj ~.35.~1 532.93' p~/j~~gg**'~ gr ~a p-c ,fs„~'~. %q?i~s'g;J ~q17~ ~? *yttya y; y p~ty~y}~7~xpp ~°'1~6dddS ~d Od' LtiMM~1~~.r L"e.4~A S:1:`Yd F~uIIl V~{ I"3~aV AAY1~8dtl 53 Y .~ 6.~ l ~a~ ~i ~ ~ pt~d fie: ~F,1~R ~; ~,A>}3iV+s .... SF9Ei T J ~~ 1 ~1.?'eN~}:A'I°f4~i~ D3;SG'i~T£~`I'Y~g ~:.~ eM; =. ~f~c'n~3~, ~; Exhibit C CITY OF MERIDIAN PI.ANNARTMENT STAFF REPORT FOR THE HEARING OF OCTOBER 2, 2008 D. Required Findings from Unified Development Code 1. Annexation and Zoning Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-4. The City Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the existing and proposed use of the property for single-family residences is a permitted use in the R-4 district and that the density is consistent with the future land use map designation of low density residential for this property. The property size and street frontages depicted on the preliminary plat are consistent with the dimensional standards listed in the UDC for the R-4 zoning district. Further, hookup to the City sewer and water system is proposed with annexation of the property as required by the UDC. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; If the Development Agreement provisions are complied with, the City Council fmds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. b. The annexation is in the best of interest of the City (UDC 11-SB-3.E). The City Council finds that the annexation and zoning of this property to R-4 would be in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council fmds that the proposed plat a is in substantial compliance with the adopted Comprehensive Plan ' . The City Council generally supports the proposed plat layout, with the changes noted in Exhibit B, as it complies with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. Exhibit D CITY OF MERIDIAN PLANNIN~ARTMENT STAFF REPORT FOR THE HEARING ~ OF OCTOBER 2, 2008 b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services can be made available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, the City Council fmds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to determine this fmding. (See Exhibit B, Agency Comments and Conditions, for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The City 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. f. The development preserves significant natural, scenic or historic features. The City Council is unaware of any .natural, scenic, or historic features on this site. Therefore, The City Council fmds 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 • • January 23, 219 PP 08-19 MERIDIAN CITY COUNCIL MEETING January 27, 2009 APPLICANT Landmark Engineering & Planning, Inc. ITEM NO. 5-E REQUEST Findings for Approval -Request for Preliminary Plat approval of 8 single family residential building lots and 3 common lots on 4.45 acres in a proposed R-4 zone for Shays Cove - 3155 South Mesa Way AGENCY COMMENTS ~` __ CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See attached minutes See attached Findings OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetktga shall become properly of the CNy of Meridian. • In the Matter of Annexation and Zoning of 5.03 Acres of Land from the RUT Zoning District in Ada County to the R-4 Zoning District; and Preliminary Plat for 7 Single- Family Residential Building Lots and 3 Common Lots on 4.45 Acres in a Proposed R-4 Zoning District, by Landmark Engineering & Planning, Inc. Case No(s). AZ-08-012 & PP-08-009 For the City Council Hearing Date of: January 6, 2009 (Findings on the January 27, 2009 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 23, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 23, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 23, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 23, 2007, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-08-012 & PP-08-009 -1- • • 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, Conditions of Approval, and Development Agreement provisions, all in the attached Staff Report for the hearing date of December 23, 2007, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: The Applicant's Annexation & Zoning request as evidenced by having submitted the legal description and exhibit map stamped and dated June 12, 2008 by Fritz Brownell, PLS, is hereby conditionally approved; 2. A Development Agreement is required with approval of the subject annexation and shall include the provisions noted in the attached Staff Report for the hearing date of December 23, 2008, incorporated by reference; 3. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated 10/22/08 is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of December 23, 2008, incorporated by reference. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-08-012 & PP-08-009 -2- in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of December 23, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-08-012 & PP-08-009 -3- • B action of the City Council at its regular meeting held on the o~ ~ ~ day of 2008. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER BRAD HOAGLUN COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED ~~ VOTED VOTED ~`~`~ VOTED VOTED ~~ ~~ Mayor Ta y e Weerd Attest: ```\``~~uuiurii~~,~~'. .~ ~ ~, ~, ~ ~O Jaycee Ho an, Ci lerk ' ~L y '~ ,°p~' o ;~ Copy served upon Applicant, Lvov t o ~ .~ ~''~~~ ~~~r~ Public Works Department and City ~nni nin Attorne . By: Dated: ~ /~" City lerk's ce CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-08-012 & PP-08-009 -4- CITY OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEARING OF DECEMBER 23, 2008 SUBJECT: Shays Cove • AZ-08-012 Annexation and Zoning of 5.03 acres of land from the RUT zoning district in Ada County to the R-4 zoning district • PP-08-009 Preliminary Plat for ~ 7single-family residential building lots and 3 common lots on 4.45 acres in a proposed R-4 zoning district .Update: At the public hearing on October 2, 2008, the Commission requested the proiect be continued to November 20, 2008 in order for the preliminary plat to be revised The applicant has submitted a revised plat, as requested, that shows S. %i Place extendins to the north property boundary and a temporary turn around for emergency access for the Fire Department The temporary turn around will remain in place until such time as S. %i Place is extended to the north. Additionally, the applicant has removed one of the two building lots that fronted on Mesa Way; now only the lot that contains the existing home and shoe buildings front on Mesa Way Staff is supportive of the proposed plat as shown in Exhibit A. Staff has revised the staff report to reflect the changes made to the plat (revisions in strike-out, bold/underline format). 1. SUIVIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Landmark Engineering & Planning, Inc., has applied for Annexation and Zoning (AZ) of 5.03 acres of land from the RUT zoning district in Ada County to the R-4 (medium low-density residential) zoning district. Preliminary Plat (PP) approval is also requested for ~ 7single-family residential building lots and 3 common lots in the proposed R-4 zoning district for Shays Cove Subdivision. The proposed plat is a re-plat of Lot 1, Block 2, of Kachina Estates Subdivision. The site is located at 3155 S. Mesa Way, approximately 1/3 of a mile west of Locust Grove Road on the north side of Victory Road. This property is within the City's Area of Impact, Urban Service Planning Area and is contiguous to the current City limits. 2. SUNIMARY RECOMMENDATION The subject applications (AZ-08-012 & PP-08-009) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and a recommendation for the requested Annexation and Zoning and Preliminary Plat applications. Staff is recommending approval of the subject AZ and PP applications with the Development Agreement provisions listed in Section 10, and the conditions listed in Exhibit B of the Staff Report, based on the finding in Exhibit D. The Meridian Planning & Zonine Commission heard these items on September 18, October 2. and November 20, 2008. At the public hearinit on November 20, 2008, they moved to recommend approval of the subiect AZ and PP request. Shays Cove Page 1 CITY OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEARING ~ OF DECEMBER 23, 2008 a. Summary of Commission Public Hearin: i. In favor: Chris Todd ii. In opposition: None iii. Commentin~• None iv. Written testimony: None v. Staff presenting application: Sonya Wafters vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. Support of the revisions to the plat that include a stub street to the north property boundary and a temporary turnaround. c. Key Commission Chance(s) to Staff Recommendation: i. None d. Outstandinc Issue(s) for City Council: i. None ~, ummarv of Citv Counci Public Hearin_~: ~, In favor: Jed Wyatt ~. In onuosition: None ~. Commentin~• None ~_ Written testimony: None y~ taff nresentin~ annlication: Sonya Wafters y~, Other staff commentinu on application: None 1a. ev Issues of Discussion by Council: ~_. The distance between Mesa Wav and the proposed Koi Place. ~. Kev Counc 1 Chan~e~to staff/Commission Recommendation ~. None 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-08- 012 and PP-08-009 as presented in the staff report for the hearing date of December 23, 2008, with the following modifications to the conditions of approval: (Add any proposed modifications.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ-08- 012 and PP-08-009 to the hearing date of (insert continued hearing date here) for the following reason(s): [you should state specific reason(s) for continuance]. Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-08-012 and PP-OS-009 as presented during the hearing on December 23, 2008, for the following reasons: [Please state specific reason(s) for denial.] 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 3155 S. Mesa Way -Tax Parcel: 84814130175 The site is generally located on the north side of E. Victory Road, approximately 1/3 mile west of Shays Cove Page 2 CITY OF MERIDIAN PLANNING)~TMENT STAFF REPORT FOR THE HEARING ~ OF DECEMBER 23, 2008 Locust Grove Road, in the southeast '/a of Section 19, Township 3 North, Range 1 East. b. Applicant: Landmark Engineering & Planning, Inc. 332 N. Broadmore Way Nampa, ID 83687 c. Owners: John Shay 3155 S. Mesa Way Meridian, ID 83642 d. Representative: Jed Wyatt, Landmark Engineering & Planning, Inc. e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Low Density Residential g. Description of Applicant's Request: The applicant is requesting Annexation and Zoning of 5.03 acres of land from the RUT zoning district in Ada County to the R-4 zoning district. Preliminary Plat approval is also requested for 1~ 7single-family residential building lots and 3 common area lots on 4.45 acres of land. 1. Preliminary Plat (labeled as Sheets 1 & 2, prepared by Landmark Engineering & Planning, Inc., dated 6/27/08, revised 10/22/08, attached in Exhibit A) 2. Landscape Plan (labeled as Sheets 1 & 2, prepared by Landmark Engineering & Planning, Inc., dated 7/22/08, revised 10/23/08, attached in Exhibit A) h. Applicant's 5tatement/Justification: Taken from the applicant's narrative, "This site is unique with the provision of generous lot sizes and the developer and his family will continue to reside in the subdivision. The developer is planning on building a new home on Lot 2 and selling his existing home on Lot 3 to his son. With the developer planning his future residence within Shays Cove Subdivision, this should show that this subdivision will be designed and developed to the highest standards. In addition, the submitted elevations should give the City the confidence of the quality design." (See Applicant's na~ative submitted with the application foY mote infoYmation.) 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian .City Code Title 11 Chapter 5, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. b. The subject application will, in fact, constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. c. Newspaper notifications published on: September 1, and 15, 2008 (Commission); December 1, and 15, 2008 (City Council) d. Radius notices mailed to properties within 300 feet on: August 22, 2008 (Commission); November 26, 2008 (City Council) e. Applicant posted notice on site by: September 17, 2008 (Commission); December 12.2008 (City Council) Shays Cove Page 3 CITY OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEARING OF DECEMBER 23, 2008 6. LAND USE a. Existing Land Use(s): The site is currently a rural single-family residential lot and contains a home and shop buildings. b. Description of Character of Surrounding Area: The property is surrounded by existing and future residential uses. c. Adjacent Land Use and Zoning: 1. North: Single-family residential lots in Kachina Estates Subdivision, zoned RUT (Ada County) 2. East: Single-family residences in Cabella Creek Subdivision, zoned R-4 3. South: Future single-family residences in Cavanaugh Subdivision, R-8 4. West: Single-family residences in Glacier Springs Subdivision, zoned R-4 d. History of Previous Actions: • The subject property was previously platted as Lot 1, Block 2, of Kachina Estates Subdivision in Ada County. e. Public Works: 1. Location of sewer: E Victory Road. Location of water: E Victory Road. Issues or concerns: None 2. Vegetation: There are many existing trees on this site. 3. Floodplain: NA 4. Canals/Ditches/Irrigation: There are no canals or irrigation ditches of significant size that traverse this site. 5. Hazards: Planning Staff is unaware of any hazards that may exist on this site. 6. Proposed Zoning: R-4 7. Size of Property: 5.03 acres in annexation boundary; 4.45 acres in plat boundary f. Subdivision Plat Information: 1. Residential Lots: g 7 2. Non-residential Lots: 0 3. Total Building Lots: ~ 7 4. Common Lots: 3 5. Other Lots: 0 6. Total Lots: X1.10 7. Gross Density: 431.57 dwelling units per acre 8. Lot Sizes: Buildable lots range in size from ~~ 11,346 square feet (s.f.) to 3~8 47,283 s.f. with an average lot size of 8:43 21 35 of an acre g. Landscaping: Shays Cove Page 4 CITY OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEARING OF DECEMBER 23, 2008 1. Width of street buffer(s): UDC 11-2C-3 requires a minimum 25-foot wide buffer along E. Victory Road, a minor arterial street. as shown on the submitted landscape plan. Landscaping shall be provided in accordance with UDC 11-3B-7, Landscape Buffers along Streets. 2. Width of buffer(s) to adjoining uses: NA 3. Percentage of site as open space: 8% 4. Other landscaping standards: Mitigation shall be required for all existing trees 4-inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement in accordance with UDC 11-3B-10, Tree Preservation. h. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): One public street, S. Koi Place, is proposed for access to Lots 2, 5 6, 7, 8, and 9, A to/from E. Victory Road. Access to Lots 3 s~4 is-~epese~e provided from S. Mesa Way. Staff and ACRD are supportive of the existing and proposed access points Prepesed. (See Section 10, Analysis, and Exhibit B.7 for more information.) 7. COMMENTS MEETING On August 29, and October 30, 2008, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as Low Density Residential. The purpose of low density designated areas is to allow for the development of single- family homes on large lots where urban services are provided. Uses may include single-family homes at densities of three dwelling units or less per acre (see Page 99 of the Comprehensive Plan). The gross density for the proposed subdivision is 1.79 dwelling units per acre, which is consistent with the low density residential designation. Staff fords the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics): • "Require that development projects have planned for the provision of all public services." (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: - Sanitary sewer and water service will be extended to the property at the applicant s expense. - The subject land currently lies within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. - The subject land currently lies within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACfID). This service will not change. Shays Cove Page 5 CIT'1' OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEARING OF DECEMBER 23, 2008 - The subject land is currently serviced by the Meridian School District No. 2. This service will not change. - The subject land is currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • "Encourage infill development in vacantlunderdeveloped areas within the City over fiinge area development to halt the outward progression of urban development." (Chapter V, Goal I, Objective A.3) The subject property is surrounded by property to the south, east and west that has been annexed and is within the corporate boundaries of the city of Meridian. Approval of this development will assist in halting the outward progression of urban development, and encourage the development of underdeveloped parcels. • "Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow." (Chapter VI, Goal II, Objective A, Action Item 6) A street connection is rest proposed to the rural residential property to the norther-a for future connectivity. • "Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities." (Chapter VII, Goal I, Objective D, Action Item 8) The gross density of the proposed subdivision is ~9 I.57 dwelling units per acre. The abutting rural residential lot to the north consists of 4.81 acres. Staff believes the proposed density and associated lot sizes serve as a transition to the existing rural residential properties to the north. • "Protect existing residential properties from incompatible land use development on adjacent parcels." (Chapter VII, Goal IV, Objective C, Action Item 1) Staff believes that the proposed low density residential development of this property is compatible with existing adjacent residential properties. • "Provide for a wide diversity of housing types (single-family, modular, mobile homes, and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development." (Chapter VII, Goal V, Objective A, Action 4) Staff believes the proposed plat with larger than typical (and required) lot sizes in the R-4 district will contribute to the variety of housing types and lot sizes available in the community. 9. UNIFIED DEVELOPMENT CODE a. Zoning Schedule of Use Control: UDC Table 11-2A-2 lists a variety of uses that are principal Shays Cove Page 6 CITY OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEARING OF DECEMBER 23, 2008 permitted, accessory, conditional, or prohibited within the R-4 zoning district. Single-family residential dwellings, as proposed, are a principal permitted use in the R-4 district. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation 1. ANNEXATION & ZONING: The applicant is requesting approval to annex and zone 5.03 acres of land from the RUT zoning district in Ada County to the R-4 zoning district. The Comprehensive Plan future land use map designation for this property is Low Density Residential, which is consistent with the proposed R-4 district and proposed gross density of -1~9 1.57 dwelling units per acre for the subdivision. This property is within the City's Area of Impact and Urban Service Planning Area. The annexation legal description submitted with the application (stamped on June 12, 2008 by Fritz Brownell, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian (see Exhibit C). Development Agreement: UDC 11-SB-3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff feels that a DA is necessary in this instance to ensure that the property develops in a manner that is consistent with the comprehensive plan and does not negatively impact nearby properties. Prior to annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 898-5506 to initiate this process. Said DA shall be completed within 1 year of City Council action. The DA shall incorporate the following: a. The applicant shall be responsible for all costs associated with the sewer and water service extension. b. Any and all existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. c. Access to Lots 2, 5 6, 7, 8, and 9, and~A shall only be provided from one public street access to/from E. Victory Road and direct lot access to Lots 3 ~4 shall only be provided from a driveway accesses to Mesa Way, as approved by ACRD. Any other access points to/from the subdivision are prohibited. Direct lot access to Victory Road is prohibited. d. The Applicant shall comply with the tree preservation and mitigation standazds listed in UDC 11-3B-10 for protection of existing trees that are proposed to be retained and existing trees 4-inch caliper and greater that are proposed to be removed. e. South Koi Place shall be extended as a stub street to the north property boundary for future extension. The Fire Department requests that a temporary turnaround be Shays Cove Page 7 CITY OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE REARING ~ OF DECEMBER 23, 2008 provided until such time as S. Koi Place is extended to the north. f. Future structures on the site shall substantially comply with the building elevations and construction materials (i.e. stucco, rock accents, the roof) shown in Exhibit A.4. 2. PRELIlV1I1~1ARY PLAT: The applicant is requesting Preliminary Plat approval of g 7 residential building lots and 3 common area lots on 4.45 acres of land in a proposed R-4 zoning district. This property has not been previously platted. The proposed plat is a re-plat of Lot 1, Block 2, of Kachina Estates Subdivision. Dimensional Requirements of the R-4 district, per UDC Table 11-2A-5: R-4 STANDARD REQLTIRElVIENT Minimum pro a size/dwelling unit (ins uaze feet) 8,000 Minimum street frontage in feet 60 Reaz setback (in feet) 15 Interior side setback (in feet) 5 Street setback1 to front loaded gaza a (in feet): Local 20 Collector 25 Street setback' to living area and/or side loaded gazage in feet): Local 15 Collector 25 Street landsca a buffer (in feet): Collector 20 Arterial 25 Entryway corridor 35 Interstate 50 Maximum building height 35 Minimum living area (ins uaze feet): Detached 1,400 Attached 800 Minimum ound floor area for multi-story units (ins uaze feet) 800 Note: 'Ivieasured from back of sidewalk or grope line where there is no adjacent sidewalk. Staff has reviewed the proposed plat and found the plat complies with the minimum property size and street frontage as required in the R-4 district. Future buildings constructed on the site shall comply with the dimensional standards in effect at the time of issuance of building permits. Existing Structures: There is currently one residential home and associated shop buildings located on proposed Lot 3. All of these structures except for one are proposed to remain and must meet the dimensional standards of the R-4 district listed above. If any of the existing Shays Cove Page g CTl'Y OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEARING OF DECEMBER 23, 2008 structures do not meet the required setbacks, they must be removed prior to signature on the final plat by the City Engineer or the lot boundaries must be adjusted for the structures to comply with setback requirements. Existing Trees: There are approximately 175 existing trees on this site; one of which is dead; and approximately 11 are proposed to be removed. Mitigation is required in accordance with the standards listed in UDC 11-3B-lOC for all existing healthy trees 4-inch caliper and larger that are removed from the site. Landscaping: The landscape plan submitted for this project, labeled Sheets 1 & 2, prepared by Landmark Engineering & Planning, Inc., dated 7/22/08, revised 10/23/08, attached in Exhibit A, is approved subject to the following revisions/notes: • Provide a minimum 25-foot wide buffer along E. Victory Road, a minor arterial street, as depicted on the plan and required by UDC 11-2A-5. Construct and maintain the street buffer in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets; Y'~Y J J v • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department upon completion of the landscaping prior to Certificate of Occupancy for the site. All standards of installation should apply as listed in UDC 11-3B-14; • Depict 6-foot tall vinyl privacy fencing along the northern boundary of the subdivision. • Comply with the standards in UDC 11-3B-lOC for tree preservation of existing trees on site as follows: - Mitigation shall be required for all existing trees four-inch (4") caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of one hundred percent (100%) replacement. (Example: two (2) 10-inch caliper trees removed may be mitigated with four (4) 5-inch caliper trees, five (5) 4-inch caliper trees, or seven (7) 3-inch caliper trees.) There are several existing trees on the site that are proposed to be removed; the applicant shall be required to comply with this requirement. Contact the City Arborist, Elroy Huff, 898-3579, to set up a mitigation and protection plan. - No mitigation is required in the following: (i) existing prohibited trees within the street buffer or parking lot; (ii) existing dead, dying, or hazard trees certified prior to removal by the City of Meridian Parks Department arborist; (iii) trees that are required to be removed by another governmental agency having jurisdiction over the project. - Required landscaping: Existing trees that are retained or relocated on site may count toward the required landscaping. Mitigation trees are in addition to all other landscaping required by this Article. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Proposed Streets and/or Access: One public street, S. Koi Place, is proposed for access to Lots 2, 5 6, 7, 8, and 9, to/from E. Victory Road. Direct lot access is proposed to Lots Shays Cove Page 9 CITY OF MERIDIAN PLANNING T~TMENT STAFF REPORT FOR THE HEARING ~ OF DECEMBER 23, 2008 3 0~-4 from S. Mesa Way. The UDC (11-3A-3A.1) requires access to be provided from a local street (Mesa Way) when available instead of an arterial street (Victory Road). Typically, Staff would not support the proposed access to Victory. However, because of the location of the existing home and large shop buildings on Lot 3, Staff does not believe it is feasible to require access to be provided to the subdivision from Mesa Way (there isn't enough room for a street on the north side of the shops). Therefore, Staff and ACHD are supportive of the access points proposed. -rt.° --'~* °i.^.°~ a rr^; D'°°° °-,a:~^ ••' a° ° .Because the Comprehensive Plan supports interconnectivity between subdivisions, Staff (Planning, Fire, and Police) is recommending S. Koi Place be extended as a stub street to the north property boundary for future extension. The Fire Department is also requesting that a temporary turnaround be provided until such time as S. Koi Place is extended to the north. Sidewalks: The landscape plan and plat depict a 5-foot wide detached sidewalk along E. Victory Road and a 5-foot wide attached sidewalk along S. Mesa Way and S. Koi Place, in compliance with UDC 11-3A-17C. All sidewalks constructed on the site shall comply with the standards listed in UDC 11-3A-17. Building Elevations: The Applicant submitted several building elevations as examples of what future homes on this site may look like that are included in Exhibit A.4. The building materials consist of stucco with rock accents and the roofs. Staff is supportive of the elevations proposed as they represent a high quality of design and construction materials. Therefore, Staff is recommending as a provision in the DA that future structures on the site substantially comply with these elevations and construction materials. Fencing: There is existing b5-foot tall vinyl fencing along the west property boundary that was constructed with Glacier Springs Subdivision. The Applicant is proposing to construct 6-foot tall vinyl privacy fencing along the northern boundary of the subdivision to match the existing fencing along the western boundary. However, this fencing does not show up on the landscape plan. Permanent or temporary fencing to contain debris during construction must be installed around the perimeter of the subdivision prior to issuance of a building permit for this site. Ditches, Laterals, and Canals: There are no ditches, laterals, or canals that traverse this site. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single- point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. b. Staff Recommendation: ' , .Staff recommends approval of the subiect AZ and PP applications with a Development Agreement, per the conditions in Exhibit B, based on the findings in Exhibit D. The Meridian Planning & Zoning Commission heard these items on September 18, October 2, and November 20, 2008. At the public hearing on November 20, 2008 they moved to recommend approval of the subiect AZ and PP request. The Meridian Shays Cove Page 1 ~ CTI'Y OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEARING ~ OF DECEMBER 23, 2008 11. EX>fIIBITS A. Drawings 1. Zoning/Vicinity Map 2. Preliminary Plat (labeled as Sheets 1 & 2, prepared by Landmark Engineering & Planning, Inc., dated 6/27/08, REVISED 10/22/08) 3. Landscape Plan (labeled as Sheets 1 & 2, prepared by Landmark Engineering & Planning, Inc., dated 7/22/08, REVISED 10/23/08) 4. Building Elevations B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code Shays Cove Page 11 CTI'Y OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEARING OF DECEMBER 23, 2008 A. Drawings 1. Zoning/Vicinity Map ~~ t `~ ~' .~ _'" ~~ R 1 Exhibit A CITY OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEARING OF DECEMBER 23, 2008 2. Preliminary Plat (labeled as Sheets 1 & 2, prepared by Landmark Engineering & Planning, Inc., dated 6127/08, REVISED 10/22/08) (W}}}lbiANl MAT {OA i1{9YSCM1 tt{B(HIYIQt1R ._ _ mr sw .waw, J ., ..... ~~:_. ~ ® F :~ ro ~ e ~s r _ ~._ ... _.. °' _. _ . .. f~ , . ..~<x: ~ - ......... _. . .. _ . ~ o m.._ ,. ' M f ~ g .... I ,. Y _ „, ~ + ~ G t .. '~ qq k. _ -_ , ~~1 <. ~ ~. -- a > s - > . -- - _ ~ ~. ~ ~y.., - ' ' ' ~ k i).(HY Ttt ~. it U P ~l K 1 ti >+1 1 ~ c . ~ 0 ~ •• .x,~.,.x. .... t,; V c e ¢ ~ iuN v ~ 4. 1 ~ ~ __ ~ -.. .. ~ 'f'. ~.. . _ 1, A. Uf. ~. ' ' > :::.• 2 3 Exhibit A CTI'I' OF MERIDIAN PLANNING )~ARTMENT STAFF REPORT FOR THE HEARING ~ OF DECEMBER 23, 2008 3. Landscape Plan (labeled as Sheets 1 & 2, prepared by Landmark Engineering & Planning, Inc., dated 7/22/08, REVISED 10/23/08) __.. ~ k q ~ F~!; _._ ~,<.~.,~ _ __ ._.. ~. , ~ , I ~~ v ~ , . .. ....,. ~' , .., :xn i .. ' 1 I Iw ~ '' ~"t .......... ..- _._.-N4~1'KfltlKAt :: .. ..... ~ :j ~ P - ..... ....... ...~.._ ,.2 __......... fi .. S- _ r i"y. ...... - _ .... ~.. ... .a ~ ' ~~.. 7i~ ~ 1 ~~ tt° ~ ". .... of r: i ~ __.. ~' i ~ _• .. .G Ya ~ t $ ~ p ~ ~ ~ ~ ... A .. .. F ° ~i _ '. y ~ w, y ~ ~ ~ ~ n . $ ~ y 3 R { 1 _ .m v. _. . ~ h ti .a{ u . i :. .. F a } (. n ~ I w ....: . . . _... _ $ r i S .. _ %~rt Y: wt iY 4', - 4: } ~ V x_. T ~ . a - .: .~~ . -'> ~ ~Y 9I111111H ~. f Hfl _..._. ..... x ..... .. ............... ... ....... ..... ...., BcYIk.. ....b~W~m'VM.......... .n. ,.. _.. w. _ t ~~ j. ,~ ~, l {, z m a Y Exhibit A CTI'1' OF MERIDIAN PI,ANNIl~DEPARTMENT STAFF REPORT FOR THE HEARING OF OCTOBER 2, 2008 ~I~4 7 F .:.:~ ....u~.. r t ,.~ -_ Exhibit A CITY OF MERIDIAN PLANNIlV~PARTMENT STAFF REPORT FOR THE HEARING ~ OF OCTOBER 2, 2008 5. Building Elevations _~~ _ _ -~~ ..~ k .~ ~ -~ :~. ~ - "~ ~..~~ 2,648 square feet, 3 bedrooms b.'.: Vi t , _ _ t: .: ,, ._ _ _ x -.~~.t° ,~ ~. ~y~~~~ .._ _..~ .:._.+i W~fAC(~+°~'Wflti7::~ :++ii. bit&L'~E.._La1Wn _... _. ~2 ~ __... ..._ 3„~ '.'_' ~..._~..,_L...ti ~ . \ ~ - . ~ r x , , P ~- I ~ ~. „~. - t ~ y iYY~ n. ~..~ ~ 1y. i~ ~'. T ~' p f~T ' ! .1. S'1... _ !~ . ~rir Y/ t„i"CC..+Y/~ 2,253 square fe®t, S bedrooms Exhibit A CTI'1' OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEARING OF OCTOBER 2, 2008 4( ~$ 2.177 square fG~t, 3 beW°~rr~s _ ~, - ~ ~'- ~I ^ F.~_ - .~ ff.r _-. - ~ __ -. ,1 t - v ~ y ^y~ ~ 1y~j ~ ~ 3{.11:` j ~ "F ~' I '.. i~. ~ tl... :~j .. I ~:~ _.-__.. _ _ ~~11Y1. - ~.. J ~ - ~ s. ....-_ ~ ~._..,.. -...~ _ ` fir n~~ ~~~jjy ^ H e'J'Hi nd"I ~r3<°b3?6 ~i#N'AIKIIS' -. .... & ~~_ ~.__ Pi ...._ - _ _ ~__' _- ,.....__.. -~_. 2.17fi square ¢aet, 3 bedrasms F. "~° ~ ~ ; _~ e~ ,.~,,,,~ - r ~ ~ } ' s ~ - .. s Exhibit A CITY OF MERIDIAN PLANN~ARTMENT STAFF REPORT FOR THE HEARING ~ OF OCTOBER 2, 2008 _`4..~`~il._ __ . z _ ..._- _ .. ~.~ _ ,~: .. ,_ .ww.. _ _ ^+.rY - ~y~ V ',. 6 T~ ~ ~ ~•_.I" _ ._.. .l-~f. ~~__ thy}+, - ._ -~- _ --~- _ z _ "~_ _ -__ _ __ ~~ ~ 3.336 sq , 3 bedraori~,~s _ _~ ~' __ .~, _. _. ., i `i~!tss k::-w.:...~~.., C.tgY.SirDi'r !„..¢d~!Yt Exhibit A CITY OF MERIDIAN PLANN~EPARTMENT STAFF REPORT FOR THE HEARIN~TE OF OCTOBER 2, 2008 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS 1.1.1 The annexation legal description submitted with the application (stamped on June 12, 2008 by Fritz Brownell, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian (see Exhibit C). 1.1.2 A Development Agreement (DA) will be required as part of the annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian and the property owner(s) (at the time of annexation ordinance adoption). The Applicant shall contact the City Attorney, Bill Nary, at 888-4433 within one year of Council approval to initiate this process; a fee of $303.00 shall be paid by the applicant to the City Attorney's office prior to commencement of the DA. The DA shall include, at minimum, the following: a. The applicant shall be responsible for all costs associated with the sewer and water service extension. b. Any and all existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. c. Access to Lots 2, 5 6, 7, 8, and 9, A shall only be provided from one public street access to/from E. Victory Road and direct lot access to Lots 3 a~4 shall only be provided from a driveway accesses to Mesa Way, as approved by ACRD. Any other access points to/from the subdivision are prohibited. Direct lot access to Victory Road is prohibited. d. The Applicant shall comply with the tree preservation and mitigation standards listed in UDC 11-3B-10 for protection of existing trees that are proposed to be retained and existing trees 4-inch caliper. and greater that are proposed to be removed. e. South Koi Place shall be extended as a stub street to the north property boundary for future extension. A temporary turnaround shall be provided until such time as S. Koi Place is extended to the north. f. Future structures on the site shall substantially comply with the building elevations and construction materials (i.e. stucco, rock accents, the roof) shown in Exhibit A.4; the existing home and outbuildings may remain if the UDC required setbacks are maintained. 1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.2.1 The preliminary plat (labeled as Sheets 1 & 2, prepared by Landmark Engineering & Planning, Inc., dated 6/24/08, revised 10/22/08) is ~ approved. , belay: The Applicant shall also comply with the Development Agreement provisions associated with AZ-08-012 contained herein. 1.2.2 Prior to issuance of any building permits, the subject property shall be subdivided. 1.2.3 The landscape plan submitted for this project, labeled Sheets 1 & 2, prepared by Landmark Exhibit B CITY OF MERIDIAN PLANNARTMENT STAFF REPORT FOR THE HEARING ~ OF OCTOBER 2, 2008 Engineering & Planning, Inc., dated 7/22/08, revised 10/23/08, attached in Exhibit A, is approved subject to the following revisions/notes: a. Provide a minimum 25-foot wide buffer along E. Victory Road, a minor arterial street, as depicted on the plan and required by UDC 11-2A-5. Construct and maintain the street buffer in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets; c. A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department upon completion of the landscaping prior to Certificate of Occupancy for the site. All standards of installation should apply as listed in UDC 11-3B-14; d. Depict 6-foot tall vinyl privacy fencing along the northern boundary of the subdivision. e. Comply with the standards in UDC 11-3B-lOC for tree preservation of existing trees on site as follows: i. Mitigation shall be required for all existing trees four-inch (4") caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of one hundred percent (100%) replacement. (Example: two (2) 10-inch caliper trees removed may be mitigated with four (4) 5-inch caliper trees, five (5) fl- inch caliper trees, or seven (7) 3-inch caliper trees.) Contact the City Arborist, Elroy Huff, 898-3579, to set up a mitigation and protection plan. ii. No mitigation is required in the following: (i) existing prohibited trees within the street buffer or parking lot; (ii) existing dead, dying, or hazard trees certified prior to removal by the City of Meridian Parks Department arborist; (iii) trees that are required to be removed by another governmental agency having jurisdiction over the project. iii. Required landscaping: Existing trees that are retained or relocated on site may count toward the required landscaping. Mitigation trees are in addition to all other landscaping required by this Article. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above with the final plat application(s). t ~^l A Ti o+ a Q ~1, Tr Dln oF, Z, o+,. + + + 1 L~ uca =torriuc~a~asav-ocrccr-se~e e~t~e~~e~e~Te~nd-she-~es~-~ii- ~~de~d #e~P-aA-~C=ise~l~e~e-~1;~#e ce 1.2.5 A minimum 25-foot wide street buffer in a common lot is required along E. Victory Road, as shown on the plat. This buffer shall be maintained by the Homeowner's Association. 1.2.6 No signage is approved with this application. All signs proposed for this site shall obtain separate sign permit approval. 1.2.7 Direct lot access to E. Victory Road is prohibited and shall be noted on the final plat. ~e One access points to Mesa Way ~ is approved with this application; all other direct access points are prohibited and shall be noted on the final plat. 1.3 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.3.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to City Code. Exhibit B CITY OF MERIDIAN PLANN~ARTMENT STAFF REPORT FOR THE HEARING ~ OF OCTOBER 2, 2008 1.3.2 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 11-3A- 18. Where the Applicant has submitted a preliminary landscape plan and where .Staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by Staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the Applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACfID, City of Meridian and all other regulatory requirements at the time of final construction. 1.3.3 The Applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. 1.3.4 Staff s failure to cite specific ordinance provisions or terms of the approved Preliminary Plat does not relieve the Applicant of responsibility for compliance. 1.3.5 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6A. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in E Victory Road. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in E Victory Road Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The applicant shall provide a 20-foot common lot for all public water/sewer mains outside of public right of way. The common lot shall be covered with a blanket easement to the City of Meridian. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. Exhibit B CTI'Y OF MERIDIAN PLANN~EPARTMENT STAFF REPORT FOR THE HEARIN~ OF OCTOBER 2, 2008 If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.9 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.11 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.18 The engineer shall be required to certify that the street centerline elevations 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. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 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 Exhibit B CTI'Y OF MERIDIAN PLANN)~EPARTMENT STAFF REPORT FOR THE HEARING OF OCTOBER 2, 2008 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. MERIDIAN FIRE DEPARTMENT 3.1 One and two family dwellings not exceeding 3600 square feet will require afire-flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings greater than 3600 square feet and greater will require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 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'h" 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 placed 18" above finished grade to the center of the 41/z" outlets. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or e~sting hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide and support an imposed weight of 75,000 GVW. 3.6 Fire lanes, streets, and structures including the canopy height of mature trees shall have a vertical clearance of 13'6. 3.7 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.8 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the back of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.9 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.11 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as Exhibit B CITY OF MERIDIAN PLANNARTMENT STAFF REPORT FOR THE HEARING ~E OF OCTOBER 2, 2008 measured by an approved route around the ezterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildinss equipped throushout with an approved automatic sprinkler system installed in accordance with Section 9033.1.1 or 9033.1.2 the distance requirement shall be 600 feet (183). a. For_Group R 3 and Group U occupancies, the distance reauirement shall be 600 feet _18( 3 m)• b. For buildinss equipped throushout with an approved automatic sprinkler system installed in accordance with Section 9033.1.1 or 9033.1.2, the distance requirement shall be 600 feet (183 m). 3.12 To increase emergency access to the site, the applicant shall provide a stub street (S. Koi Place) to the property to the north. , . A temporary turnaround shall be constructed at the terminus of S. Koi Place and remain until such time as S. Koi Place is eztended. 3.13 "No Parkins" sisns shall be installed every 300 feet on the east side of S. Koi Place. 3.14 Lot 2 shall be addressed off of S. Koi Place. 3.15 The temporary turn around shall be a minimum of 96 feet in diameter. 4. POLICE DEPARTMENT 4~ To increase emergency access to the site, the applicant shall provide a stub street (S. Koi Place) to the property to the north. , 5. PARKS DEPARTMENT 5.1 The Parks Department did not submit comments on this application. 6. SANITARY SERVICE COMPANY 6.1 Turning Radius: The applicant shall provide a minimum of 50 ft. turning radius. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Dedicate either 48-feet ofright-of--way from the centerline of Victory Road abutting the parcel, or 38-feet ofright-of--way from the centerline of Victory Road abutting the parcel with a 10-foot public sidewalk and utility easement. 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 issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The District will purchase the right-of--way which is in addition to existing right-of--way from available Corridor Preservation Funds. 7.1.2 Construct a 5-foot detached concrete sidewalk no closer than 41-feet from the centerline of Victory Road abutting the site. 7.1.3 Construct Mesa Way as one-half of a 36-foot street section with vertical curb, gutter, and 5-foot concrete sidewalk abutting the site. Exhibit B CTI'Y OF MERIDIAN PLANN~EPARTMENT STAFF REPORT FOR THE HEARIN~TE OF OCTOBER 2, 2008 7.1.4 Construct Koi Place as a 29-foot street section rolled curb, gutter, and 5-foot concrete sidewalk on both sides. Koi Place shall intersect Victory Road approximately 367-feet west of Mesa Way and 537-feet east of Glacier Bay Way (measured centerline to centerline). 7.1.5 Stub Koi Place to the north nroperty boundary and install a sign at its north terminus stating that. "This road will be extended in the future." 7.1.6 Construct a temporary turnaround with a 45-foot back of curb radius. rolled curb, gutter and 5-foot sidewalk at the north terminus of Koi Place. Provide a temporary turnaround easement for any portion of the turnaround lying outside of the dedicated right-of--way. 7.1.7 Construct all residential driveways no wider than 20-feet, and paved their full widths at least 30- feet into the site from the roadway edge. 7.1.8 Other than access specifically approved with this application, direct lot access to Victory Road is prohibited, and shall be noted on the final plat. 7.1.9 Comply with all Standazd Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 Utility street cuts in pavement less than five years old aze not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepaze and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spaze or filled) are compromised during any phase of construction. Exhibit B CTI'Y OF MERIDIAN PLANNARTMENT STAFF REPORT FOR THE HEARING ~ OF OCTOBER 2, 2008 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B CITY OF MERIDIAN PI,ANNI~PARTMENT STAFF REPORT FOR THE HEARING ~E OF OCTOBER 2, 2008 C. Legal Description & Exhibit Map 1 ~'t ~, 7 r' ~, 332 a+d, Brcrndnnt-re ~~y= ~am~x FD $368'i* l'h: {~0~1 ~-G31t8 * fy'ax: (2t1 466-t#9~=4 ,. , ~ / ~. ., Date: Jung f{i, ~ti~~ ~ `~. F~a~~: t tai ~ _ ~xhafa~` .~~ „ ~~~7~x~r~fQ~ s~ra~~~ea~t~ ~"lYis ~aroef is to ~t?rton cif I,oi f rand I..~at ~ ~aff~tca~k a of f~.~CI~iN 4 E~7'~'t'f3~ on ~Te an book ~+5, t~ago 3£~ in ~ CafTc~ nf`tl~~ Roc:•orc#er, ~dtz County: situatod ut tlce S'~'I~~# o~tho SEff4 ~f ctoa~ f9, 7°~,o~=afaiga ~ orttt, ttj~ f fw. of the t?oi~c P~l~r~i~an. €~da C,o~rnty fcf~hu and ~s taxot~ partie:ulrtrl rest;€iE:aed a,~ t'~al%ws: C(~C~~~F~C fi~ta ~t tfto sotathwest c°vrner ol's~id a~~l,~~ ctf the SEll4p ir1 mint b~irt~ a brass cep ~nc+atiamont referencod in C",P.~E. dnstrtltx~ettt ?~. ~t32?3~1 ran file iaa tl~c 4~f'f'ice oaf tlto is~ce~ad~r, ~tfa Couxity; tt~rs~~ ~lortg the south „ of:~aid ~'a~']i~ e~fth~ SL;l~~, ~!b .~9"~?°ftS~°f"~._ ~3~.s1 Poet ~dit°o~~rd ~35.'~8 f~~t) tc~ tlt~ sott~f~twest oorn~r c~~ said Ia~iCl-ffN~ ~;`~ I ;~`I L`~, saed pcsirtt boitag tht; FQ[~T ~.1F ~ft~~il~kYI~[t~ tE~nc:o ait?ztg the westerly ixau~tdf~ry c~i'sai S~1CH1R1~, f~7"s~TE~. f3;i N. l 20'°?'~°?"1~'., 3:#.'1:4 feat tta t1~e southcst oe~e°as• of said Latt 3, iht:ata:: along t3tsa ~~st4riy boaarsdaty ot'~aid I,ot 1. iX iht.12~29'22"W.> l:t~i.33 1'e:ot ~c4f°ro~oa-d f 3t~.3~ tit) tea the wastes°!y anglt~ point €zi' said ~.ot f ; tftert~.e continuing af~ng ttat: wort. ltandary ct~~aid Lot 1 e 2} +~.C~¢f ~'~~i"E., 3~~.'74 feet {ot record a~~i.t)(9 teot~ t~ the proput`tcsa~tl t~rtitwest corn t~t°said Iaot l th~nco along tl~ aaoa°therty boutirlary of said l.ot i, s~ .~;3~5g't~2"E.. ?~C1..~ tt~°t, icaoo, ~} .tptt` t'~=~1"F., "~5.~~ ~ct3 thenc~z ~:) 1~,$ ~.° » ,.~~„E,~ 13,ti? it ttr ~, poser on the 1~ttndary ctrn~raott tt~ mid fits I ttnd `?: thonLo contiricautg, I,:~'Q84~ ~r, ~~. ",I., I;sl O~°spl:i€aaa~~E>~t4Ebi8 , ~r5r~~~titr~ de.a;.dc t ~Prcajecc F"sl : ~~"`;"" ."~4~ a~•~} ~Ltr+~aa4~L T3F.SCRII'TIOSfS',Ex~blt ~. t4.a~nexactan de,o,~~ Exhibit C CITY OF MERIDIAN PI_ANNI~EPARTMENT STAFF REPORT FOR THE HEARIN~ OF OCTOBER 2, 2008 ~~ Pet.€;~)" 5~'~~i~'F., i w~.~it~ ~ei~t zca ~ ~araiazt:~n the e~. ba~?a~a~~ ~t'~~d L~+t 2; tiyera~e ~:c~a~fi>r~a~i~~, t~;~~5~6'~65.~., ~~,t~~1 ~`eet t~ a j~C1i~YI cant tine eeltderlia`a~ ~# ~e ~~_; theatre. ~l~t~. mad e~asir~rtaaaa~, ~~ >4~I~'~1"i=_, ~A.~~t i'~~t t~ a (rikaaid coax dlze ~oa.Id~a b~atlntiaTy~ ~~$ ~~i~l 1~'Ix~ aa~dhe EFf4~ ti~ea~~ ~i~ra~ ~~ici ~i"aastla Ema~nti~r~. ~'~~;~",I li'~~.~ ,~i3 aa~f"~, ~tctt•~ gar i~ss. S-~~E.~`~' Tt~ ;:tII E~~~„aa'acltg~, ~ihat;4; l~.i~ttta~-~.f=wa~~~ grad ~i ~di~er )ra~t,rr~bra~icc~ ~~r~~-d ~r ~a7~a~aii~:d. ~.. w~ ~; }r ~A~ i ^~ ;r ..,r-- L'3~"~}Ca~~~aa~+r',I.a~t I~vripa~ r :.::~i~sit ~_,.~;raxa~x~ci~ar ~t~s~.~ca~ B$EV~$~'Iti' ~' Pfl6~IRsF# pt~BLt~ OBELS ISEPT. Exhibit C CITY OF MERIDIAN PLANN~ARTMENT STAFF REPORT FOR THE HEARING ~ OF OCTOBER 2, 2008 LFi;F~t`°[w ®,. ~- - araw; r: v ~,~anzrw~. i 9~F ~ CX~ II.~T°T' 't~2' C"+~)1~ ~:,,.rma €ss u~ I i'~ ~,. M ~ ~c~~Ti~v a~ rt ~ ~, ,c ~. ~ ac:~ ~,sr~r~ I ~,4g~ "'+:.,'s ~ F3~I3~d(: idlt'.,q,`I`F~3 [1V 1'IiFs Sb~ fF~ ~F TFi&: 41a 6F9 CI7fi3~d S9, ~4 z:~! ixA:4P~@ qtr!' ~6, ~ Tt~Ft~"]vet-€€F ~ Nt~i1d, RA'~(sP 8 I:A:+C ~c'~ES~ ~F~i1lr~IATW ~ I ~ ' AEI ~ , ~,,,_,~, Pla~'3°5~-`2~°E ~ ~89`5~Y'd6~'E t eta ~~ 1 f w,- ¢ ~ ! ~~ _ _ ~~ I ~ ~ I ~ I$QUi'~il~d~IAY .~t'gl 5.fI3 ~.C'T;ES ~,r ~p a;~" r~ 2~~ 1;1,3 ~^r 1 "" ~ ~_...~ c~ ~~N_ ~ ~ t ~~1~ I ' tai? ~'~~'~~"'i4' a. t~d& S~,~S' ~r~~F ~av2~31~1 4~ ~ ., _ E~a'P ~f:*I'CII~~ ItC1;~17 ~..,,. dr PJk3J"a2 £,~~ ~, ~.. .... --.-.......s_~ 'sF~~°4~~Cl~a"~1 3t~ ~:~5.£+1 ` _ ..._._®,_ ... 532.4,x'' ^ _,..~.~ .p a .~ , _ ....~,~ _ _ ~, (~s,~m.:~s;~ ~'~-FtJiNT (II<' HFf~XS~tNIIVG ~r~la'lE OL' liL iYfd'~51.'1~4aedl;da.~IT 0484:45 ~+ ~y ~a!E _t"=tt'Q 4 .~ ! ll ~ e~ __... r~avra ter; ~+ta1 f d~ _ 5r;~~ r ~y~+ i ~~ 1 t~l.~.!°gLi~~~~~~ ~}~i~~~Q`ti t3E9i:dasz.C~ SM: 'Y, ~Rt'"Jss~1`~£.:.,, F;.~ raM,- ~, Exhibit C CTI'1' OF MERIDIAN PLANNi~EPARTMENT STAFF REPORT FOR THE HEARING OF OCTOBER 2, 2008 D. Required Findings from Unified Development Code 1. Annexation and Zoning Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-4. The City Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the existing and proposed use of the property for single-family residences is a permitted use in the R-4 district and that the density is consistent with the future land use map designation of low density residential for this property. The property size and street frontages depicted on the preliminary plat are consistent with the dimensional standards listed in the UDC for the R-4 zoning district. Further, hook up to the City sewer and water system is proposed with annexation of the property as required by the UDC. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; If the Development Agreement provisions are complied with, the City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. b. The annexation is in the best of interest of the City (iTDC 11-SB-3.E). The City Council finds that the annexation and zoning of this property to R-4 would be in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat ,..:'~ is in substantial compliance with the adopted Comprehensive Plan ~~f +h~ ~~~~'~~---* -- ~a~~ +-. ~. +.. + + +i, ~~, -.- rr r° o~occrxi xox xacoxc ~«~o:a=«~o~~p. The City Council generally supports the proposed plat layout, with the changes noted in Exhibit B, as it complies with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. Exhibit D CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEARING OF OCTOBER 2, 2008 b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services can be made available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The City 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. f. The development preserves significant natural, scenic or historic features. The City Council is unaware of any natural, scenic, or historic features on this site. Therefore, The City 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 r: January 23, 21(19 RZ 08--8 MERIDIAN CITY COUNCIL MEETING January 27, 2r~9 APPLICANT Eastern Washington -Idaho Synod of ELCA ITEM NO. 5-~ REQUEST Findings for Approval -- Request for Rezone of 12.76 acres from TN-R to TN-C for Beacon at Southridge -south of Overland Road approximately 8~ feet west of Linder 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 minutes See attached Findings Date: Phone: Staff Initials: Materials presented at publk meetings still become properly of the CHy of Meridian. • • In the Matter of the Request for Rezone of 12.76 Acres of Land from the TN-R (Traditional Neighborhood Residential) District to the TN-C (Traditional Neighborhood Center) District, by Eastern Washington-Idaho Synod of the ELCA. Case No(s). RZ-08-008 For the City Council Hearing Date of: January 6, 2009 (Findings on the January 27, 2009 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 23, 2008, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 23, 2008, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 23, 2008, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 23, 2008, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-08-008 -I- • 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 Deparhnent, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description and Exhibit Map in the attached Staff Report for the hearing date of December 23, 2008, incorporated by reference. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's rezone request to the TN-C district as evidenced by having submitted the legal description and exhibit map, dated October 6, 2008, prepared by Aaron Ballard, PLS, included in the attached staff report dated December 23, 2008, is hereby approved. D. Attached: Staff Report for the hearing date of December 23, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-08-008 -2- • ~~ action of the City Council at its regular meeting held on the ~ day of 2009. COUNCIL MEMBER DAVID ZAREMBA VOTED Pr1c~s~k COUNCIL MEMBER BRAD HOAGLUN VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED `~ (TIE BREAKER) Mayor Ta y e eerd Attest: ``~~~,y pF ~R/ ~~'~.,~. T® ~ '~~ O , .- Jaycee loran, City Clerk ~ ~°~' Copy served upon Applican~.~l ~Q~rtment, Public Works Department and City ~/f~~irrrnrn n~t~~~~~~\ Attorn y: Dated: ` 2 g Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-08-008 -3- CITY OF MERIDIAN PLANNING D~TMENT STAFF REPORT FOR THE HEARIN~TE OF DECEMBER 23, 2008 1. SIJNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Eastern Washington-Idaho Synod of the ELCA, is requesting a Rezone (RZ) from the TN-R to the TN-C zoning district fora 12.76 acre site. A Conditional Use Permit (CUP) for an 87,757 square foot assisted living facility containing 187 residential units was approved for this property and the property directly to the north on November 18, 2008. The site of the assisted living facility is currently split zoned. As a condition of approval of the CUP, the applicant was required to rezone the portion of the site zoned TN-R to TN-C in order to have a consistent zoning for the entire site. The site was annexed in 2007as part of the Southridge development. 2. SUIVIlVIARY RECOMIV~NDATION Staff has provided a detailed analysis of the requested RZ application below. Staff recommends approval of the application subject to the conditions listed in Exhibit B. The Meridian PlanninE & Zoning Commission heard this item on November 20.2008. At the public hearing they moved to recommend approval of the subiect RZ request. a. Summary of Commission Public Hearing: i. In favor: Van Eli ii. In opposition: None iii. Commentin~• None iv. Written testimony: Van ElE (response to staff report) v. Staff presenting application: Sonya Wafters vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. Rezone of the property will correspond with the approved use. c. Key Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. None a+ u mare of itv o nc'1 Pub is Hearin ~. In favor Van EIS ~. In opposition: None ~, Commentinu: None ~. Written testimony: None y. tall uresentin~ application: Sonya Wafters ya, Other staff commenting on application: None 12. ev Issues of Discussion by Counc l: Beacon at Southridge RZ-08-008 PAGE 1 CITY OF MERIDIAN PLANNING DI~TMENT STAFF REPORT FOR THE HEARIN~TE OF DECEMBER 23, 2008 ~_ None .~, Key Council Changes to 5taff/Commission Recommendation ~ None 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number RZ-08- 008, as presented in the staff report for the hearing date of December 23, 2008, with the following modifications to the conditions of approval: (add any proposed modifications). Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number RZ-08-008, as presented during the hearing on December 23, 2008, for the following reasons: (you must state specific reasons for denial and what the applicant could do to obtain your approval in the future). Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number RZ-08- 008 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: The site is located on the south side of W. Overland Road, approximately % mile west of S. Linder Road in the NE '/a of Section 23, Township 3 North, Range 1 West. b. Applicant/Owner: Eastern Washington-Idaho Synod of the ELCA 314 S. Spruce Street, Ste. A Spokane, WA 99201-5823 c. Representative: Van Elg or Phil Hull, The Land Group Inc. 462 E. Shore Drive, Ste. 100 Eagle, ID 83616 d. Present Zoning District: TN-R (Traditional Neighborhood Residential) e. Present Comprehensive Plan Designation: Ten Mile Interchange Specific: Mixed Use Commercial (MUC) & Medium Density Residential (MDR) f. Description of Applicant's Justification for CUP Approval: Taken from the applicant's narrative, "With this change, the application would not require any specific requests for waivers or variance from city ordinance. The adjustment will help clarify a zoning boundary that would otherwise remain confusing and irrelevant to the current use." See the applicant's narrative submitted with the RZ application and Section 10, Analysis, below for more information. 5. PROCESS FACTS a. The subject application is for a rezone. A public hearing for a rezone is required before the Planning & Zoning Commission and City Council consisted with Meridian City Code, Title 11, Beacon at Southridge RZ-08-008 PAGE 2 CITY OF MERIDIAN PLANNING D~TMENT STAFF REPORT FOR THE HEARIN~TE OF DECEMBER 23, 2008 Chapter 5. b. Newspaper notifications published on: November 3, 2008 and November 17, 2008 (Commission); December 1, and 15, 2008 (City Council) c. Radius notices mailed to properties within 300 feet on: October 24, 2008 (Commission); November 26, 2008 -(City Council) d. Applicant posted notice on site by: October 24, 2008 (Commission); December 10.2008 (City Council 6. LAND USE a. Existing Land Use(s): Vacant agricultural land b. Description of Character of Surrounding Area: The surrounding area consists of rural residential and agricultural properties. c. Adjacent Land Use and Zoning 1. North: Agricultural land, zoned TN-C (recently approved for an assisted living facility) 2. West: Rural residentiaUagricultural Land, zoned RUT in Ada County 3. South: Agricultural land, zoned TN-R 4. East: Agricultural land, zoned TN-C and TN-R d. History of Previous Actions: - In 2007, the subject property was granted Annexation and Zoning (AZ-06-031) approval with TN-C and TN-R zoning districts (Ordinance #07-1319). A Development Agreement was also approved with the annexation (Instrument No. 107074205). - A Preliminary Plat (PP-06-031) was approved concurrent with the annexation for 2391ots consisting of 189 residential lots, 11 commerciaUother lots, 8 mega lots (to be developed in the future), and 31 common/open space lots. - A Property Boundary Adjustment (PBA-08-014) application was approved by the Planning Department on October 13, 2008 for the creation of the subject parcel. - A Conditional Use Permit (CUP-08-027) was approved on the subject property and the property directly to the north on the south side of Overland Road on November 18, 2008 for an 87,757 square foot assisted living facility containing 187 residential units. - A Development Agreement modification (MDA-08-004) application is currently in process to eliminate the mega lot concept which requires platting of all parcels to allow for property boundary adjustments and platting. The conceptual master plan is also proposed to be modified to include the subject assisted living facility and future church and reflect changes to the alignment of streets within the site and Overland Road due to topography and ACHD requirements. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: This project will be served by the 27-inch Overland Road Re-Alignment Sewer Trunk. Location of water: This project will be served from existing water mains located in W Overland Road and S. Linder Road. Beacon at Southridge RZ-08-008 PAGE 3 CITY OF MERIDIAN PLANNING D~TMENT STAFF REPORT FOR THE HEARIN~ATE OF DECEMBER 23, 2008 Issues or concerns: None 2. Vegetation: There are no existing trees on the site. 3. Floodplain: NA 4. Canals/Ditches Irrigation: NA 5. Hazards: Staff is unaware of any hazards that may exist on the site. 6. Existing Zoning: TN-R 7. Lot/Property Size: 12.76 acres f. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to this site is proposed from a planned public street, Southridge Drive that is proposed to intersect Overland Road approximately % mile west of S. Linder Road. 7. COMMENTS MEETING On October 30, 2008, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present included: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian, and the Sanitary Services Company. Staff has included comments, conditions, and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as within the "Ten Mile Interchange Specific" area. The specific land use designations for this property are Mixed Use Commercial (MLTC) & Medium Density Residential (MDR). The purpose of the MUC designation is to encourage the development of a mixture of office, retail, recreational, employment, and other miscellaneous uses, with supporting multi-family or single family attached residential uses. MDR designated areas are characterized by relatively low densities and a predominance of single- family and 2-unit housing types emphasizing ownership opportunities. Smaller two, three and four unit apartment buildings maybe compatible in a MDR area but large apartment buildings or apartment complexes are not. In general, MDR areas should be protected from encroachments of higher density or higher intensity uses. MDR areas should include a mix of housing types that achieve an overall average target density of 6 dwelling units per gross acre. Generally, densities should range from 4-8 units per acre. Most developments should fall within this range, although small areas of slightly higher density may exist. MDR areas should be designed to be conducive to walking and all of the housing and other uses should share an interconnected sidewalk and street system. Higher density housing types within MDR areas generally should be located near mixed use or other more intensely developed areas, with a transition to smaller buildings such as duplexes and single-family detached houses as the distance from the more intensely developed area increases. See Ten Mile Interchange Speck Area Plan for more information. The proposed density (number of beds/units) of the assisted living facility is 9.53 per acre, which exceeds the target density of 4-8 units per acre for MDR designated areas. However, as previously stated, higher densities housing types are appropriate near mixed use and more intensely developed areas. To the east of this site on the southwest comer of Overland & Linder, commercial uses are planned; directly to the east a church is proposed to be constructed with phase 2 that will be associated with the assisted living facility and connected by a pathway; and phase 3, to the south, is proposed to consist of 4 brownstone structures consisting of 16 units per building for a total of 64 residential units. An elementary school and public library are proposed southeast of the site on the Beacon at Southridge RZ-OS-008 PAGE 4 CITY OF MERIDIAN PLANNING D1~TMENT STAFF REPORT FOR THE HEARIN~TE OF DECEMBER 23, 2008 west side of Linder and medium-density single-family residential homes are proposed to the south. Additionally, because of the nature of the approved use (i.e. older residents that don't drive), the traffic impact and occupancy won't be as high as an apartment complex. Staff finds that the proposed rezone to accommodate the approved assisted living facility complies with the applicable provisions of the Comprehensive Plan and furthers the goals and objectives set forth therein. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A, Action 1, page 111). When the City established its Area of City Impact, it planned to provide City services to the subject property. The subject property is within the corporate boundaries of the City. Municipal services will be provided in the following manner: - Sanitary sewer and water service will be extended to the project at the developer s expense. - The subject lands currently lie within the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. - The subject lands currently lie within the jurisdiction of the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACFID). This service will not change. - The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. - The subject lands are currently serviced by the Meridian Library District. This service will not change. • Insure that high-quality emergency care, primary, outpatient, home, and long-term care and other types of health care are provided in the community (Chapter VI, Goal V, Objective A). The conditionally approved assisted livingfacility will contribute to the provision of a variety of long term health care options available in the community. • Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1, page 113). Staff believes that the approved residential use of the property will be compatible with and have a low impact on the existing adjacent residential uses to the west and north. • Develop methods, such as cross-access agreements, frontage roads, to reduce the number of existing access points onto arterial streets (Chapter VI, Goal II, Objective A, Action 12). A public street, Southridge Drive, is proposed for access to the site, and other phases of the development, from Overland Road. This should help to reduce the number of access points on Overland Road. • Chapter IV, Goal I, Objective A, Action 6 (page 26) -Permit new residential, commercial, or industrial developments only where urban services can be reasonably provided at the time of fmal approval and development is contiguous to the City. The subjectproperty lies within the boundaries of the City of Meridian and can be provided with City services. Beacon at Southridge RZ-OS-008 PAGE 5 CITY OF MERIDIAN PLANNING D~TMENT STAFF REPORT FOR THE HEARIN~TE OF DECEMBER 23, 2008 Staff believes that the proposed rezone to TN-C is consistent with the Comprehensive Plan and is compatible with existing and future surrounding uses. 9. UNIFIED DEVELOPMENT CODE a. Allowed Uses in Traditional Neighborhood Districts: UDC Table 11-2D-2 lists the permitted, accessory, and conditional uses in the TN-C zoning district. Nursing or Residential Care Facilities (assisted living) are a conditional use in the TN-R zoning district. A CUP was approved on November 18, 2008 for an assisted living facility on this site. b. Dimensional Standards: Development of the subject property is required to comply with the dimensional standards listed in UDC Table 11-2D-6 for the TN-R district. c. Purpose Statement of Zone: Per UDC 11-2D-1, the purpose of the traditional neighborhood districts is to encourage mixed use, compact development that is sensitive to the environmental characteristics of the land and facilitates the efficient use of services. Vertically integrated residential projects are encouraged in all traditional neighborhood districts. A traditional neighborhood district diversifies and integrates land uses within close proximity to each other, and it provides for the daily recreational and shopping needs of the residents. The assisted living facility will be the first of a mix of uses in this vicinity. A public library, elementary school, church, brownstones, single-family residences, and commercial uses are proposed for this area in the future. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Staff is supportive of the RZ request as proposed, with the following comments: RZ: The applicant is requesting to rezone 12.76 acres of land from the TN-R district to the TN-C district As a condition of approval of the CUP, the applicant was required to rezone the portion of the site zoned TN-R to TN-C, consistent with the property to the north, so that the future assisted living facility would not be split zoned. Currently, the 4-story portion of the proposed assisted living facility would span across both the TN-C and TN-R districts (see Exhibit A.4). In the TN-R district, the maximum building height is 40 feet and the maximum height to eave providing roof access is 30 feet. The proposed structure exceeds the aforementioned height limitations. With approval of the rezone, development of the entire property would be consistent with the TN-C district standards. The Comprehensive Plan future land use map designation for this property is MUC and MDR, which is consistent with the proposed TN-C district. Based on the policies and goals contained in the Comprehensive Plan and the future land use designations of MUC and MDR for this site, Staff believes that the requested rezone to TN-C is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings. The rezone legal description submitted with the application (stamped on October 6, 2008 by Aaron Ballard, PLS) and included in Exhibit C shows the property within the existing corporate boundary of the City of Meridian. Development Agreement (DA): UDC 11-SB-3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a DA with the City that may require some written commitment for all future uses. A DA already exists for the Southridge development in which this property lies. An amendment to the DA was recently approved by City Council that tied development of the entire Southridge property to a master conceptual plan. The master plan Beacon at Southridge RZ-08-008 PAGE 6 CITY OF MERIDIAN PLANNING D~TMENT STAFF REPORT FOR THE HEARIN~TE OF DECEMBER 23, 2008 depicts an assisted living facility on the subject property as proposed by the applicant. Further, the CUP approved for this site also requires the applicant to comply with the site plan and building elevations attached in Exhibits A.2 and A.3. For these reasons, Staff does not feel a new DA or an addendum to the existing DA is necessary. If the Commission or Council believes that an amendment to the existing DA is necessary, then staff recommends a clear outline of the commitments of the developer being required. b. Staff Recommendation: Staff recommends approval of the rezone for the Beacon at Southridge assisted living facility, as presented in the Staff Report for the hearing date of November 20, 2008, based on the Findings of Fact as listed in Exhibit D and subject to the conditions listed in Exhibit B. The Meridian Plamiin~ & Zoning Commission heard this item on November 20 2008. At the public hearing they moved to recommend anuroval of the subiect RZ request The Meridian City CounC'1 heard hec . items nn .TAnnarv 6. 2nnq ~~' }j,p T11h~7P hPfll'1nR ihP oLncil sunroved the cnbiect 7. reaLe 11. EXITS A. Drawings 1. Vicinity/Zoning Map 2. Site Plan Approved with CUP-08-027 (prepared by The Land Group, dated 7/30/08, labeled as Sheet C2.00) 3. Building Elevations Approved with CUP-08-027 (prepared by Pope Architects) 4. Zoning Boundaries (Current) B. Agency Comments C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code (UDC 11-SB-3E) Beacon at Southridge RZ-08-008 PAGE 7 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 23, 2008 A. Drawings 1. Vicinity/Zoning Map Site ~-Z ,.. TN-R L O +,,~ 3~ u 0 9 .I,N c RS I~`~ ` ~~ ,, , h 2 ~ R S I R ~ ! R 4 ..r-~ ax 3 Exhibit A Page 1 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 23, 2008 2. Site Plan Approved with CUP-08-027 (prepared by The Land Group, dated 7/30/08, labeled as Sheet C2.00) ~ ~ ~~~ :~ ~~ U DEYELOPOAeNT CORTALTS ~~ .. .. ..._. ....._. _..... _•.. -.: ...{Y T~ ERL APID ii~_ipp -....,. ~. .......... s ' ,~ i ~ _ ~~i ~ ~ :~ i i ~~ , ~ > ~ ~"=~' eea:m, ~~ i ~ ~`' i », `•~ ~ , ~``~ ~ _ .3 ~a ,i ~.„ 1 ; __ 1 ! ii' ~ ~ ~, ~ ~ ~~~ ~~ ~ ,,r _ Srte RounAary ' ` _ _ ~. - . -1 ~ ~~ 19.45 Acres E ~ ~_ t ~i ,Ph a „ o ~,a~ ~n ~~ ~,~, e 1~ ~_ ~,.:~ ~.~ ` ~ '. ~ ,, _ /~ f~ ''; . `_ ~ ~~- ~.._ ~/ '~ Exhibit A Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 23, 2008 3. Building Elevations Approved with CUP-08-027 (prepared by Pope Architects) -«-s Y- >K4~~-,~ ~a~~~t 4 ~,~ ~T~ ,, ~,r., v _ ~ ~- ~ €~EI ~ 1L iit 1 ~E !i~ , ~ j ~ if :' 1~ p~ . _ ~ iZT La ~ f! [~ TI Ll1 ITi i, I E y ~E !7'~i.l L~~i~ lii 173 U1 ~ _ ~ ~ ~ ~ ~ _ EE ~I W 11.I [77 W Ii7 ~~ _~ I i ~ ~ }~ ~ CQ ~{}I ~., 1•EC _. r~ ~ t fi ; : ~ r'•''r _ rn iT{ ~ ~ ° 1 ~ #~-i ~ ~T ~ 1 ~ ' ~ ~-x-1::3-;fit 1II-}I2 E111~I,L'LI.~I~t, '~-f~,. i .. ~ ~' ~ ~1~~E~G-~-, 17.1~I.;.,~- a,t3~ The Be3C0lt at South Ridge 1':" f i ~'° e9eridi3n [D ~'-1 t iew~~< ~v ,~ ! r ~7 ' 1- _ .. _ . ~` ' . p~ , .. L { Front Yew CaurtyaM Yew 1~ ~~~ y, ~ } r i~M ,~ . '~'„ ,._ z~ ,~ ~ 'E~ R. i r„ ~. - -U - _. Fronx Entry 't"' . Thr~ Bedc,an at Sptuth hidgc ~~ ~ ~.,` Meridian !b J+~if *~ Exhibit A Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 23, 2008 _~. :~. , ~~ ~ Y a ~~ ~ . ~ w W r. ~~ e _ _ -"'~~ 1~1 'r n ~\CfC.Y'1V A~a.°t.. Wr -.. _ ~ MY View from Southeast _ ~~~ h s.,a~~_ _ ~ _ ~- ~ ~w F'~.. ~,' ~. f ~. ~ . ~ ~. ,r...„girth ravaecr The C~ea~on at South Ridge [~leridiar~,lD ~ -- 7 ~ k -~ ~ } -y- ~'x_ ~- ' ;Y ~ -s a s - z Y ~ ~ ~~ e. 1 ~i View from East w.. i ~.~ -, ,y Gov ... -~ a. Yew from West _....... ~~ (.:lMt ti~ Exhibit A Page 4 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 23, 2008 4. Zoning Boundaries (Current) Exhibit A Page $ i ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 23, 2008 B. Agency Comments 1. PLANNING DEPARTMENT 1.1 REZONE 1.1.1 The rezone legal description submitted with the application (stamped on October 6, 2008 by Aaron Ballard, PLS) and included in Exhibit C shows the property within the existing corporate boundary of the City of Meridian. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in W Overland Road. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in W Overland Road and S Linder Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.4 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irtigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.5 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells maybe used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.6 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.7 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. Exhibit A Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 23, 2008 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. 2.9 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.10 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.11 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.12 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. 2.13 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 footing is at least 1-foot above. 2.14 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.15 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.16 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 The applicant shall comply with all conditions of approval of CUP-08-027 for the Beacon at Southridge assisted living facility. 4. POLICE DEPARTMENT 4.1 The Police Department did not submit comments on this application. 5. PARKS DEPARTMENT 5.1 The Parks Department had no comments on this application. 6. SANITARY SERVICES COMPANY 6.1 SSC has no comments related to this application. Exhibit B Page 2 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 23, 2008 7. ADA COUNTY HIGHWAY DISTRICT pn 4ctaber 20, 2008, the Ada Cou~yr Highway District acted an MCUP-08-027 for Assisted Living Facility. The conditions and requirements also apply to MRZ-08-008. • Prior to final approval you will need to submit construction plans to ~e ACHD Development Review Section to insure compliance with the conditions id®rntified above and/or for traffic impact fee assessment, This is a separate r®view process that requires direct plans submittal to the Development Review staff at ~e Highway District. • A traffic impact fee will be assessed by ACRD and will be due prior to the issuance of a building permit. Contact ACRD Planning & Development Services at 387-0170 for information regarding hnpact fees. Exhibit B Page 3 • , CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 23, 2008 C. Legal Description & Exhibit Map ,~' ~. ~ ;r ""` ...~ xtt~: ~~r~o a:acac~r, awe:. Thence Sarutix 56`34'1" Fast a distance a~I'25.t13 feet to a paint; Them 0,~5 fast atung dte a~: +af a avn-#at-g~nt ~ur~e to tie Left„ said. curve hati~ing a radius of3i3tl<t10 f~t> a etrai angie ~f l7°16'23", a adlaa~d isearirag ofSvuth 2°i°30'I7`" $ttest, erred a eharrd dis~nce of fit. I l feet to a puittt; ThGgt Souih ISa52't~" tb'a~t a alistara crf i 13,E ii~t to a pairtta Thanes I53.Z~§ fit a3lasarg tEte are asf a cirstalar curve tai the right mid curve ttraving a radius caf 3430.~?0 feet, a central angie e~f 29° 1 a'53~, a ehtrrd lariaag arf South 33'3ft'121" V4'est, and a a~htara ~fictancc asf t a i _5$ feet. to a patinC °I Iaenee Se+uth 48~U$'00" 14Pest a di3tartaae ref i 61.2& fact to as pa~ir4t; Thence Sa~uth 56~t1t~'S6" V~ivst a distarts-a< of 104.1 b fit tar a goint; Thence I'7R,2~ feet along the arc of a circular curve tea the left, said Suva, h~~v ing a radius of 233.7 I`~t, a central angie arf 3 ~°4("26", a s:asrd tariarg arf Sa~uth 36' i x'27" 0~'a;ste aa~1 a chord da~tan of i 75.3b feet to a gc+intw I`hence mouth l23°~ 127" Ott est m distance a~f 9$,33 feet to a point; I'itettca: °~0.6~ f:ett ai~'art~ flee asp aaf a cireaaiar cearve tar rise right, said starve having a radius a~f 45.01? fit, a ceri angle caf ~tl"&10`Ot1", a chaard lacariaag c1f Sastatis Ca3°~ 127" '!R`est, and a eiacrrd distanna=e of 63.6~t feet tea a paint, Thence North ii'~ i.$'~3" ~45Jec~t a distsuace of 255. ]4 feet to a mint; `[`irersce i08.6Sr feet ata>ng the arc ral'a ~irc;ular curve to rite right" said came having a retries of 3I6.7a feat a ecn9ra3 angie aaf 19°39'3", a cin~srd firing taf Narrtlt 62~C l'40" 4bfest, aad a a iaoral distance of 1 tI8.13 feet t+a a ireint; '1'Irence 53 e a9 feet altang tllu arc arf a eireular a;urr~°e tea tier raft, said ctarti?e having as radial pf 300,OI3 fit, a centre! aatgie arf 10~ 11525", a cherrd hearing of Nn S7~tI'~'° ~g~sst, atnd a cla~rd distanceu a~f 53,2 .feet. to a pnin2R Thence Isnrtt2 2$ °~9'S6N Est a ditaee a~i' 25,01 feet to a paint; Thence Naarth ti€3~3E'4a3" Eatst a distance caf 6$9.~1I feet tc~ the POSIT OF BEtsIl'd]ti Ltvfi. TtE~ ;it~~~-deccriF~cd tract ~f (lard r.~ntains 1?.7fi acres. ~e?re err less, subjeart tc~ arwy istinf; eas€t2tc:att~ era' ~_~r;-i,~ vva&. `1°ite ttbasva= legal desc~rilrtit~n is +~riitett fnr reaa7ning purposes anf~ and is Hart intended ~..r~ii~u«~ofiraarsferriragp °rights. ,~ , . i i ~rcti~ i~ E%Itiktit "" anal tlai reference is made a part liere6f, Pr. lr., r d TFiI t,1'+~ C~R{~t?F. I1+iC. 46~ E. Si~It:~ItE I.`1i;.tVE> SL~TTE i00 EAGI~.ia.Il)ANtt 33filfa 2t18-~34-~LtJ4I 2€1$-939--: * dFA~;1 a~~ fl ~~4~ ~ s : •-: ~'a~F I ~ ."" ~, ~ -. r - Exhibit C Page 1 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 23, 2008 ~tu~~~d ~n ~ pc~r~ica~ ~~ ih~ ~f t~f ter 1 ~4 ~# ~scti 23, 1'~7,~rnlp 3 PJe~rth, ~e~ ~ ~,. ~.t~. 'rty ~# t~t~ria~°sn, ~d~ eta, ld~- 2b~~ UD °` jy~9~~.4~' ~ i74fi3~'' ~TC~~~ ~ ,~,.~ ~... ..~,~ ~ ~, ~ .,.,,~.» ~~ g~/~ y ~_'.~,TI~N G~1 R.~.a WEM~T LjER w~+. 114+1-~ °~~•~~°~ ~7fd ~'f ~,~:v~' ~ f~,a,~T' ~~.Q1 ~~ ~~ ~~59 .~ ~ . i i~ ccra` ! ff ~ ~• ~ P ~/ ,, ' ,~ `i .~t¢Aq'~34"E 1` ~r ~~~'5~'3~°E ~ ~ ,9- iJ i f/ !' i i // ' Q / ~t~frr~tlt T~8 ~}~~tr'i~t; T~1- / /`~~ ,." ~± ~ ~"~s~p~s~d Tic ~€~tri~t: T'hJ ~ ,/~` ~/ A~~.''`. / ~, ' '~ '~ '~ '• ~~ ~ ~ T- ,, ~ ~ ~y~E ~ ,~ ,; ' ~ ~ ~~ , R~'~~ ~~ ' ~„ i'=' S. f~l~`ik „~ts~ 49'^~i'i~ 9~~' R-8 ~ ~""~~ C~md_. I,l ~' , `-.__ --- r ~ ~aa '~Ye1y ~,i's9i. a ' t . Exhibit C Page 2 r CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 23, 2008 D. Required Findings from Unified Development Code (UDC 11-SB-3E) 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to rezone the subject property to TN-C. The City Council fords that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed use of the property for an assisted living facility is consistent with the requested TN-C zoning district and future land use map designation of MUC & MDR for this property. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. b. The annexation is in the best of interest of the City (UDC 11-SB-3.E). This finding is not applicable as the applicant is requesting approval of a rezone, not annexation. Exhibit D Page 1 • January 23, 2009 SHP 48-008 MERIDIAN CITY COUNCIL MEETING January 27, 2~9 APPLICANT Sundance Investments ITEM NO. 5-G REG2UEST Findings for Approval -- Request for Short Plat approval of 38 condo- minium units in an existing building in a C-C zone for Silverstone Corporate Plaza Condominiums -- 3421 East Overland Road AGENCY COMMENTS CITY CLERK: See attached minutes CITY ENGINEER: CITY PLANNING DIRECTOR: see attached Ftndtngs 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 Inifials: Materials presented at pubUc meetings shall become propealy of the City of Meridian. • CITY OF MERIDIAN ~~E IDIAN:-~- FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Silverstone Corporate Plaza Condominiums Short Plat consisting of 37 condominium units within an existing building in a C-C zoning district, by Sundance Investments, LP. Case No(s). SHP-08-008 For the City Council Hearing Date of: January 13, 2009 (Findings on the January 27, 2009 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 13, 2009, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 13, 2009, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 13, 2009, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 13, 2009, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). SIIP-08-008 -1- C~ 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, Short Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of January 13, 2009, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: The applicant's Short Plat as evidenced by having submitted the Short Plat dated 12/05/2008, is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of January 13, 2009, incorporated by reference. D. Notice of Applicable Time Limits Notice of Short Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). SHP-08-008 -2- • the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of January 13, 2009 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). SHP-08-008 -3- • ~y' By action of the City Council at its regular meeting held on the 2~ day of ~n~ , 2009. COUNCIL MEMBER DAVID ZAREMBA VOTED ~b~ COUNCIL MEMBER BRAD HOAGLUN VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED i~~ . ~U _ MAYOR TAMMY de WEERD VOTED (TIE BREAKER) ' /~.~' Mayor T de Weerd Attest: \.~`~~ ~ Ni' j ~''<.. ~~ ~y ie J ' Jaycee loran, City Clergy $ 9 ~~'~ ,, y `~~r is~ , ,20 . Copy served upon Applicant;~U ' ~g,D~ent, Public Works Department and City Attorney. B Dated: ~ ~ 2~1 ~ ~ 1 Ity Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). SHP-08-008 -4- CITY OF MERIDIAN PLAI~NG AND PUBLIC WORKS DEPART~TS STAFF REPORT STAFF REPORT: HEARING DATE: January 13, 2009 E IDI TO: Mayor and City Council FROM: Sarah Wheeler, Assistant City Planner 208-884-5533 Scott Steckline, Land Development Supervisor 208-898-5500 SUBJECT: SHP-08-008 Silverstone Corporate Plaza Condominiums Short Plat Sundance Investments, LP Request for Approval of Silverstone Corporate Plaza Condominiums Short Plat consisting of 37 Condominium Units within an Existing Building in a C-C Zoning District. STAFF RECOMMENDATION Staff recommends approval of the Silverstone Corporate Plaza Condominiums Short Plat (SHP-08-008) with the stated comments and conditions. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council. SUNIMARY: The Meridian City Council heard this item on January 13, 2009. At the public hearing the Council approved the subject short plat with the conditions stated below. a. Summary of City Council Public Hearing: i. In Favor: Pat Tealey ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Pete Friedman vi. Other staff commenting on application: None b. Key Issues of Discussion by Council: i. None c. Key Council Changes to Staff Recommendation: i. None APPLICATION SUIVIIVIARY & LOCATION The applicant, Sundance Investment LP, has applied for short plat approval of 37 condominium units within an existing building on 6.2 acres in a C-C zoning district for Silverstone Corporate Plaza Condominiums. A Certificate of Zoning Compliance has been issued for the subject building (CZC-08- 073). The applicant has applied for a building permit and has commenced construction. Silverstone Corporate Plaza Condominiums is located south of E. Overland Rd. and east of S. Eagle Road at 3421 E. Overland Rd. in the NW % of Section 21, T.3N., R.IE. SHP-08-008 Silverstone Corporate Plaza Condominiums SHP.doc PAGE 1 CITY OF MERIDIAN PLA~NG AND PUBLIC WORKS DEPART~NTS STAFF REPORT PROCESS FACTS a. The subject application is for a short plat as determined by City Ordinance. In accordance with UDC 11-SB-3, a public hearing is required before the City Council on this matter. b. The subject property meets all of the applicability requirements as stated in UDC 11-6B-SA and is eligible to be processed as a short plat. c. Newspaper notifications published on: December 22, 2008 and January 5, 2009 d. Radius notices mailed to properties within 300 feet on: December 19, 2008 REQUIRED FINDINGS FROM UDC 11-6B-6 In consideration of a short plat, the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan and the Unified Development Code (iJDC); The Comprehensive Plan designates the future land use of this property as Mixed-Use Regional. The current zoning district of the proposed plat is C-C (Community Business District). The Comprehensive Plan recommends a mix of employment, retail, and residential or public uses. The proposed office building condominiums are an allowed use in the C-C zone and incorporate a wide variety of employment and public use opportunities. Therefore, the proposed short plat complies with the Comprehensive Plan and the UDC. B. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services are available to accommodate the development. Water and sewer services are already installed with the Silverstone Subdivision and Silverstone Subdivision No. 3. Fire, police, solid waste and irrigation services are adequate. The adjacent public roadways are completed to the required design and approach standards. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvements program; Council fmds that the development will not require the expenditure of capital improvement funds. All sewer and water extension for this area were planned to be developer driven. All required utilities are either in place or will be the responsibility of the developer. D. There is public financial capability of supporting services for the proposed development; Council finds that the development will not require major expenditures for providing supporting services. The developer and/or future unit owners will finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the future tenants will be fire and police services. E. The development will not be detrimental to the public health, safety or general welfare; and Council does not believe that any additional traffic or noise will be generated with the approval of this plat since the approval for the subject building was previously granted. This subdivision will not be detrimental to the general welfare of the public in the surrounding area. Council fmds that SHP-08-008 Silverstone Corporate Plaza Condominiums SHP.doc PAGE 2 CITY OF MERIDIAN PLAI~G AND PUBLIC WORKS DEPART~TS STAFF REPORT the subject subdivision will not involve uses that will create nuisances that would be detrimental to the public health, safety or general welfare. F. The development preserves significant natural, scenic or historic features. Council is not aware of any significant natural, scenic or historic features associated with the development of this site that the Director and City Engineer should be aware of. PLANNING & PUBLIC WORKS DEPARTMENT -SITE SPECIFIC CONDITIONS 1. Revise or add the following note(s) on the face of the plat prepared by Tealey's Land Surveying., stamped on 12/05/08 by Patrick A. Tealey, prior to signature of the short plat by the City Engineer: 9.) Include instrument number. *.) Add a note, "This plat is subject to the development agreement recorded as instrument number 101111016 of Ada County Records." 2. Complete the Certificate of Owners. 3. Re-number the plat to correctly reflect the number of condominium units from 3~ to 37. 4. If the City Engineer's signature has not been obtained by 01/13/2010, the Short Plat approval for this subject project shall expire. Comply with all applicable conditions of Silverstone Subdivision and Silverstone Subdivision No. 3. Comply with all conditions of the Ada County Highway District as they relate to this short plat. 7. Staff's failure to cite specific ordinance provisions of the Unified Development Code does not relieve the applicant of responsibility for. compliance. E~~ITS 1. Submitted Short Plat (6 pages) SHP-08-008 Silverstone Corporate Plaza Condominiums SHP.doc PAGE 3 CITY OF MERIDIAN PLAI~NG AND PUBLIC WORKS DEPART~NT5 STAFF REPORT 1~ _ _ 4 ~ 1 ,x • 1~ ; ~ ~: _; ~ ,~ ~~ ;~r, ~~~ ~" ~a -. . . T ~' Iq ~ _ ~'. 1~®d6 i '~ ~ ; ~ 4R ~ P 2°' 9 ~ ... +sw "af i ~K .. {"` 1~ ~ _ ~ ~Y zK [,of aa~ii..~.... e w x ~ o~ q ~*'~ w ~ ~ ~ 9: ~ ' ~ ~ -= ~~~ a ~ ~~ c* ~ s+s 1 I ~~ ~ ~' ~ ~~*R zC~~s7" '~ r? °~ fir,. S~ r~,~ -_i~;.~ W a I v ~ ~r ~ ~ ~•~~' ~ ~ 3 ~ { ~ ~m ...5 ~ . b3 € 1 ' +~^~ f y ~ ~ ~~i - ...._= ~" - ~.-_ Z $ SL - IR5 ~~_ T t i~t' ~ : ~ ~a a . 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Y~ ~' ~ .. ~7 ~ ~] m ~ Via` y ,a!A ~ y '~d ~ ~" ~ ~ ~ ~ k.R Ede F 1 ~ ~ ~= ~ g ~ ~ ~ ~a y ~ ~ - ~ ~k ~~ t~ ~ ~ 1 ~ ~ ~€ ~ ~ ~ ~~ ,.~ ~ t/ -~ ~ o i i. ~ i Exhibit I • • January 23, 2009 CPA 08-011 MERIDIAN CITY COUNCIL MEETING January 27, 2009 APPLICANT Meridian Planning Department ITEM NO. S-H REQUEST Resolution -Request to amend the Comprehensive Plan by adding the Design Manual as an addendum for Design Review 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 S®e c>ftached Resolution ~n ~~,~ ~' OTHER: Contacted: Date: Phone: Emaifed: Staff Initials: Materials presented at public meetings shall become property of the CNy of Meridian. • • CITY OF MERIDIAN RESOLUTION NO. D9- ~O ~~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, AMENDING THE TEXT OF THE CITY OF MERIDIAN COMPREHENSIVE PLAN TO ADD THE DESIGN MANUAL AS AN ADDENDUM FOR DESIGN REVIEW; AMENDING CHAPTER 5 OF THE CITY OF MERIDIAN COMPREHENSIVE PLAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 6, 2002, the City of Meridian Comprehensive Plan was adopted by Meridian City Council Resolution no. 02-382; and, WHEREAS, the Meridian City Planning Department recommends that the Design Manual be added as an addendum to the City of Meridian Comprehensive Plan; and, WHEREAS, the Meridian City Planning Department further recommends correlative text revisions to the Comprehensive Plan; WHEREAS, the Mayor and City Council have provided all requisite notices and hearings, and have complied, and will hereafter comply, in all respects with the requirements of the Idaho Local Land Use Planning Act for amendment of the Comprehensive Plan; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. That the Mayor and City Council hereby amend the City of Meridian Comprehensive Plan by adding the Design Manual as an addendum thereto. Pursuant to Idaho Code § 67-6509(c), a copy of the amended Comprehensive plan, with this Resolution, shall be kept on file in the office of the City Clerk. SECTION 2. That the text of the Comprehensive Plan shall be amended as follows: Chapter 5, page 38 - C. Future Conditions Upgrading community design standards for landscaping, site design, and signs continues to be accomplished through the adoption of updated ordinance criteria to ensure that development occurs in a compatible, attractive manner. The City has also adopted design guidelines and a citywide design review Arocess encourages D development in Meridian which expresses concerns and appreciation for the aesthetic qualities of the physical and built environment and results in an attractive, livable community. Chapter 5, page 41-Goal III: Enhance Meridian's historical, cultural, agricultural and community character. COMPREHENSIVE PLAN AMENDMENT -DESIGN REVIEW -TEXT -CPA 08-011- Page 1 of 2 • i • Objective B: Provide landscaping, pedestrian friendly areas, and signage in downtown and gateways; well designed develoament sites and areas; and high. quality, attractive buildings. SECTION 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this ~~ day of 2009. APPROVED by the Mayor of the City of Meridian, Idaho, this 2-~ day of 2009. APPROVED: ~~. Mayor T de Weerd ~~~~~unuiruivi ATTEST: ~~~.~~ pF alEq~''%,,~ .~'~ oho q'L ~~~'-. \~ rF0 i By. ~ REAL - Jaycee .Holman, City Clem _ ~ o~ G~ '~ O ~,, ~ ~ ,, oU~,~ o a COMPREHENSIVE PLAN AMENDMENT -DESIGN REVIEW -TEXT -CPA 08-011- Page 2 of 2 • January 23, 2009 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Box CulvE • January 27, 2009 ITEM NO. S-~ Task Order with STRATA - 8th Street Park Pedestrian Pathway and is -Phase 1 for $1792.40 AGENCY COMMEMS CITY CLERK: CITY ENGINEER: Sea altaahed CITY PLANNING DIRECTOR: CfrY 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: Con#acted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shah become property of the City of Meridian. TASK ORDER NO. PKS-09-0I}2 CITY OF MERIDIAN (OWNER) AND STRATA (CONSULTANT) This Task Order 1s issued by Owner and accepted by the Consultant pursuant to the mutual promises, covenants and conditions contained in the Master Agreement between the above named parties dated December 13th, 20Qti. CITY OF MERIDIAN 8u' Street Park Pedestrian Pathway ~ Box Culverts -Phase 1 PURPOSE The Consultant's scope of services and compensation shall be as set forth herein. Services shall generally b8 describEd as testlng and inspections consulting services. TASK 7 -Testing and Insp®cl~ons Consulting Services Per the City's r~uest, the Consultant w~l provide professional test7ng and inspections consulting services relating to the construction of the 8~' Street park Pedestrian pathway ~ Bax Culverts -Phase 1 project. These servicx3s are listed In STRATA's December 22, 2008 Cost Estimate (Attachment A}. ,~ m~ COMPENSATION The Not To-F~cceed amount fior Task Order No. PKS-09-002 is One Thousand Seven Hundred Nine Two anti 401100 doltars ($1,792.40. Date ``"ttll tf.~tlill,~l ,,,~ t '- ~O ~~ 21~- '• enema . t CONSULT T ( thorized Representative) /- ~~ Q~ Date Approved by City Council: 1 ` 2~ ~ d9 Date CITY OF MERIDIAN • TASK ORDER NO. PKS-09-0OZ CITY OF MERIDIAN (OWNER) AND STRATA (CONSULTANT) CITY OF MERIDIAN 8"' Street park Pedestrian Pathway 8 Box Culverts -Phase 1 ATTACHMENT A • 5.,.,T',.R~aTa :tKryt~. faaw rav ~ro.ny Yr TO: CITY OF MERIDUUV MAX JENSEN CITY OF MERIDIAN, PUBLIC WORKS DEPT. PROJECT: 8th Street park pedestrian Pathway $ box Culvert C03T ESTIMATE • QUOTE PATE: 12!22/2008 PHONE: 84433 FAX: 887-4813 QUOTE NUMBER: BP08489 REM 11 pESCRIPTION SOILS TESTW©B INSPE N• Technician for subgrade 8c stntc~ural fill density, per hr. (8 Trips ~ 3hr each} EST UAN 24A UNIT ~ 43.00 ESTIMATED COST 1032.00 2} Nuclear density gaug®, per hour. 24A 12.00 288.00 ~} } 8} 9} MISCELLANEOUS Mileage, 8 trips (c~ 54 miles each, Protect Management ~+ertirrte surcharge, R over, 8hrslday, 40hrslweek, weekends or holidays, per hour. ~ 432.0 2.0 0.0 0 0 0.70 85.00 21.50 , 0 ~ ~ X2.40 170.00 0.00 0.00 The above listed services will be provided far the estimated fee of 1 82.40 The services described above are based on our revlsw of the plans. The cost shown are based upon the estimated quantities Indicated and dependent upon the contractor's schedule and performance. These fees represent the amount of testing required from our knowledge of the project documents. If the quantltles change, a corresponding change In cost will occur. All prices include supervision and report, The above scope of services will be performed according to the terms and conditions described in the attached agreement for services, We wUl need at least 24 hours notice t<ti schedule our personnel. Brian Shatter, Project Manager IDAHO MONTANA NEVADA OREGON UTAH WASHINGTON WYOMING www.stratageotech.com 8853 W. Hackaman3 Drive Bois I e, dahv 83709 P.208.376.8200 F.208.376.8201 8th st box culvert replacement PURPOSAL • • Memo To: Jaycee Holman; Tara Green; Keith Watts; Kathy Wanner From: Max Jensen CC: Steve Siddoway, Parks and Recreation Division Director Elroy Huff, Parks and Recreation Division Superintendent Date: 1 /20/2009 Re: Proposed Agenda Item for January 27, 2009 City Council Meeting The Parks and Recreation Division respectfully requests the following item be placed on the January 27, 2009 City Council agenda, under Consent Agenda, for Council's consideration: Task Order with STRATA - 8"' Street Park Pedestrian Pathway and Box Culverts -Phase 1 Attached is a Task Order with STRATA for materials testing and inspections associated with the construction of the 8~' Street Park Pedestrian Pathway and Box Culverts -Phase 1 project. The Task Order is for $1,792.40. Recommended Council Action: The Parks and Recreation ®ivision recommends that City Council approves and signs the Task Order with STRATA. Thank you for your consideration. Please contact me if you have any questions. • Page 1 TASK ORDER N®.PKS-o~-oaa CITY OF MERIDIAN (OWNER) AND STRATA (CONSULTANT) This Task Order is issued by Owner and accepted by the Consultant pursuant to the mutual promises, covenants and conditions contained in the Master Agreement between the above named parties dated December.13th, 2006. CITY OF MERIDIAN 8t" Street Park P®destrian Padtway & Box Culverts -Phase 1 PURPOSE The Consultant's scope of services and compensation shall be asset forth herein. Services shall generally be described as testing and inspections consulting services. TASK 1 -Testing- and Inspections Consulting Services Per the City's request, the Consultant will provide professional testing and inspections consulting services relating to the construction of the 8~' Street park Pedestrian pathway & Box Culverts -Phase 1 project. These services are listed in STRATA'S Decemb®r 22, 2008 Cast Estimate (Attachrnpnt A). r ~ . COMPENSATION The Not-To-Exceed amount far Task Order No. PKS-09-002 is One Thousand Seven Hundred Nine Two and 401100 dollars ($1,792.40). CITY OF MERIDIAN LT, TAMMY de WEERD, MAYOR (~horized Representative) /- P ~~ Date Date Attest: Approved by City Council: JAYCEE HOI_MAN, CITY CLERK Date • TASK ORDER NO. PKS-09-002 CITY OF MERIDIAN {OWNER) AND STRATA {CONSULTANT) CITY OF MERIDIAN Stn Street park P®destrian Pathway & Box Culverts -Phase 7 ATTACHMENT A • ~~~~T~ .:rrf-hr/n r.'+,r frown -Yhe G°~i•p,o~ y~ TO: CITY OF MERIDIAN QUOTE DATE: 12/22/2008 MAX JENSEN PHONE: 888-4433 CITY OF MERtD1AN, PUBLIC WORKS DEPT. FAX: 8$7-4813 PROJECT: 8th Street Park Pedestrian Pathway 8 box Culvert QUOTE NUMBER: BP08469 COST ESTIMATE ITEM DESCRI TION EST UNIT ESTIMATED SOILS TESTING & INSPECTION• UAN PRICE COST 1 } Technician for subgrade & structural fill densl#y, per hr. 24.0 43.00 1032 04 (8 Trips Q 3hr each) . 2} Nuclear density gauge, per hour. 24.0 12.00 288.00 MISCELLANEOUS 6) Mileage, 8 trips @ 54 miles each, 432.0 0.70 302 40 7} Project Management 2.0 85.00 . 170 00 8} Overtime surcharge, if over, 8hrs/day, 40hrs/week, 0.0 21.50 . 0 00 S} weekends or holidays, per hour. 0.0 ' 0.00 . 0.00. The above listed services will be provided for the estimated fee of 1 792.40 The services described above are based on our review of the plans. The cost shown are based upon the estimated quarrtltles 8ndlcated and dependent upon the contractor's schedule and performance. These fees represent the amount of testing required from our knowledge of the protect documents, If the quantities change, a corresponding change in cost will occur. All prices include supervision and report. The above scope of services will be performed according to the terms and condltlons described in the attached agreement for services. We will need at least 24 hours notice to schedule our personnel. Brian Shetler, Project Manager IDAHO MONTANA NEVADA OREGON UTAH WASHINGTON WYOMING www.stratageotech.com 8653 W. Hackamore Drive Boise, Idaho 83709 P.208.376.8200 F.208.376.8201 8th st box culvert replacement PURPOSAL f • January 23, 2009 MERIDIAN CITY COUNCIL MEETING January 27, 2009 APPLICANT ITEM NO. S-.I REQUEST Development Agreement -David Kleiner Property Portion of Meridian Town 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: OTHER: COMMENTS See attached Development Agreement Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at pubNc meetings shall become property of the City o! Meridian. ~° STOEL RIVES LLP ATTORNEYS AT LAW January 21, 2009 VIA FEDERAL EXPRESS (208) 898-5506 Ms. Michelle Albertson City Attorney's Office Meridian City Hall, Suite 308 33 E. Broadway Avenue Meridian, Idaho 83642 DAVID H. ROCKWELL Direct (206) 386-7694 dhrockwell @stoel. com 600 University Street. Suite 3600 Seattle, Washington 98101 main 206.624.0900 fax 206.386.7500 wwwstoeLcom Re: Development Agreement between City of Meridian, David Kleiner, as Trustee of The 2008 Kleiner Family Trust U/'T/D March 4, 2008, and as Trustee of The 2008 HIeiner Family Trust II U/T'/D July 29, 2008 Dear Michelle: Enclosed is the original Development Agreement between the City and the Kleiner trusts to be executed and acknowledged by Mayor Tammy de Weerd. After she has done so please return a copy to my attention. DHR/dh Enclosure cc: Mr. David Kleiner (via email) Seattle-3487292.1 0040834-00006 Oregon Washington California Utah Idaho Colorado Minnesota STOEL RIVES LLP ADA COUNTY RECORDER J. NAVARRO AMOUNT .00 90 ,,~ BOISE IDAHO 01/29109 10:4B DEPUTY Vicld Allen II I I' ~1II ~ II I ~I I'I I II I ~~ I ~I I II I~I ~ ~II RECORDED-REQUEST OF Meridian City 1 ~96~~0~a }~ DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. David E. Kleiner, as Trustee of The 2008 Kleiner Family Trust U/T/D March 4, 2008, and as Trustee of The 2008 Kleiner Family Trust II U/T/D July 29, 2008 THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of January, 2009, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and David E. Kleiner, as Trustee of The 2008 Kleiner Family Trust U/T/D March 4, 2008, and as Trustee of The 2008 Kleiner Family Trust II U/T/D July 29, 2008, hereinafter jointly called OWNERS/DEVELOPERS or OWNER. RECITALS: 1.1 WHEREAS, Owners/Developers are the sole owners, in law and/or equity, of certain tracts of land in the County of Ada, State of Idaho, described in Exhibit A which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/Developer make a written commitment concerning the use or development ofthe subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-SB-3, which authorizes development agreements upon the annexation and/or re- zoning of land; and 1.4 WHEREAS, Owners/Developersbave submitted an application for annexation and zoning of the Property described in Exhibit A, and has requested a designation of C- G, General Retail and Service Commercial District (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owners/Developers made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, included responses of government Seatt1e3486407.2 004083400006 ~ • • ..~ subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 22°d day of January, 2008, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Findings require the Owners/Developers to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNERS/DEVELOPERS deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the Owners/Developers to enter into a development agreement for the purpose of ensuring that if the Property is developed the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFII~TITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNERS/DEVELOPERS: means and refers to David E. Kleiner, as Trustee of The 2008 Kleiner Family Trust U/T!D March 4, 2008, and as Trustee of The 2008 Seatt1o-3486407.2 004083400006 !~ `-~~_ 2 ~ ~ ..o Kleiner Family Trust II U/T/D July 29, 2008, the parties that own and have the right to develop the Property and shall include any subsequent owner(s) or developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be re-zoned C-G, General Retail and Service Commercial District, attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2B which are further specified in Section 5.1.4 hereof. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. If and when Owners/Developers develop the Property they shall do so in accordance with the following special conditions: 1. Urban Farm. Agricultural use, including production of crops, shall continue to be allowed after annexation as an urban farm use, which is a principal permitted use under UDC 11-4-3-28 and 11-2B-2. 2. ACHD approval. The applicant is required to comply with ACHD and ITD conditions prior to receiving approval for any building permit on the site. Further, the City will not sign off on any occupancy cards without first receiving ACHD's signature and sign-off. All applications on this site are subject to ACHD's project specific comments, regardless of the type of application (i.e. conditional use permit, certificate of zoning compliance, etc.) No details related to access to the site are approved with the subject AZ application. The proposed access locations on the major arterials should be approved by ACHD and ITD and cannot be evaluated until a traffic impact study has been completed. 3. Records Road and River Valley Road (east of Eagle Road) Dedications. Prior to any other land use approvals on the subject property, Owner shall dedicate the right-of- way to extend Records Road from Fairview Avenue north to River Valley Road and to extend River Valley Road from Eagle Road east to Records Road as an ACHD public street. Owner shall make such dedication within the time required for CenterCal to construct the roadway and related improvements. Ifright-of--way is not Seattle-3486407.2 004083400006 3 ~ `~~_. w ... dedicated directly adj acent to the northern property boundary of the site, cross-access shall be provided to the properly to the north so that a spite strip is not created. Construction of River Valley Street and Records Road shall take place with the initial phase of the project. 4. Zoning district and use limitations. The North Parcel, East Parcel, and West Parcel shall be zoned C-G, general retail and service commercial. A. Owner is entitled to develop the following uses on the North Parcel, the East Parcel, and the West Parcel, subject to the conditions of this agreement. B. Total retail gross floor area, shall be limited to 1,293,700 gross square feet. The uses noted in Exhibit C are allowed as retail uses as provided in UDC 11-2B-2, as defined in 11-1A-1, and subject to any conditions or requirements provided by the special use standards in 11-4-3-1 through 11-4- 3-43. C. Total office gross floor area, shall be limited to 700,000 gross square feet. The uses noted in Exhibit C are allowed as office uses as provided in UDC 11-2B-2, as defined in 11-1A-1, and subject to any conditions or requirements provided by the special use standards in 11-4-3-1 through 11-4- 3-43. D. Uses otherwise allowed in the C-G zone but prohibited by the agreement may be allowed subject to Council review, approval and modification of agreement. E. As noted in the Comprehensive Plan, multi-family is appropriate in the Mixed Use Regional designation. Therefore, multi-family development would be appropriate within this DA boundary. (Multi-family is allowed as a conditional use in the C-G zoning.) If Owner desires to do residential development other than multi-family, Owner may request a rezone to a residential designation at a later date. F. Residential units may be constructed over retail or office buildings/floors (subject to the vertically integrated residential standards of the UDC), in addition to the allowed retail or office square footages, provided the building location does not violate the residential buffer rules provided herein. 5. Exchanae of Sauare Footage between Retail and Commercial and Vice-versa. Owner may elect to increase the total allowed office square footage and reduce the total allowed retail square footage in a 2:1 ratio. For example, Applicant may increase allowed office uses by 200,000 square feet and reduce allowed retail uses by 100,000 square feet. Owner may elect to increase the total allowed retail square footage and Seattle-3486407.2 0040834-00006 D ~~-.-- 4 k . a reduce the total allowed office square footage in a 1:2 ratio. For example, Applicant may increase allowed retail uses by 100,000 square feet and reduce allowed office uses by 200,000 square feet. 6. Division of west arcel. The subject property shall be eligible for the short plat process. 7. Certificate of zonin com liance. Owner may apply for a certificate of zoning compliance for development of the North Parcel, East Parcel, West Parcel, or any legally divided portion of such parcels, or for a building or use. The application for the first CZC for the applicable parcel or lot shall include a detailed site plan, a copy of the latest allocation plan, and supporting documentation, as necessary, with sufficient detail to enable the Director to verify that the applicable terms of this agreement are satisfied. The Director shall not withhold a CZC provided that Owner presents a valid allocation plan and a detailed site plan that does not exceed the office/retail square footages provided for such parcel/lot on the allocation plan (see below, Allocation of retail and office square footage), and provided the detailed site plan complies with the applicable terms of this agreement and all UDC provisions as to matters not otherwise specified by this agreement. 8. Detailed site plan layout. Owner is not required to develop the North Parcel, East Parcel, West Parcel, or legally divided portion of such parcels according to the initial concept plan as submitted with the request for annexation; and shall be entitled to develop each legal parcel or lot according to a detailed site plan provided by Owner including drive aisle locations, walkways or pathways, building locations, building sizes, building uses allowed by this agreement, parking lot design, and landscaping design, as designated by Owner subject to the conditions of this agreement. The Director shall approve the detailed site plan provided the site plan complies with the applicable terms of this agreement and all UDC provisions as to matters not otherwise specified by this agreement. Owner shall supply a copy of the detailed site plan, as necessary, to any potential buyer or lessee seeking CZC approval. 9. Allocation of retail and office square footage. Concurrently with the DA approval, Owner shall provide the Director an initial allocation plan showing Owner's allocation of any allowed retail and office square footage of the improvements Owner then intends to make to the North Parcel, East Parcel, West Parcel, and/or to any legally divided portion thereof. The initial allocation plan or a revised allocation plan shall be valid provided the sum of the retail and office square footages allocated to all such parcels or lots does not exceed the retail and office square footages originally allowed to Owner by this agreement. Owner, with the consent of any transferee or subsequent transferee of a parcel or lot who is affected thereby, may provide the Director a revised allocation plan that changes the allocation of retail and/or office square footages shown on the initial allocation plan. Seattle-3486407.2 004083400006 8-~~- 5 L • A. If a revised allocation plan reduces the retail or office square footage allocated to Owner's submitted plans for a parcel or lot for which a CZC had already been approved, then the Owner or transferee shall be required to apply for and obtain approval of a new CZC prior to proceeding with development of such parcel or lot. 10. Allowed building size increases. Where and/or when an applicant has an approved detailed site plan, the Director may allow up to a 20% increase in square footage for any building, or collection or buildings shown on the approved detailed site plan, without requiring a revised allocation plan for such increased use. This only applies where applicant has provided an approved detailed site plan; and may not be used to increase the overall square footage of the allocation plan. The Director shall not allow an increase in square footage under this sub-paragraph to a transferee of a parcel or lot if such increase to the transferee would require a reduced allocation of square footage to the transferor's other parcels without the transferor's prior written consent. 11. Buffers to residential use. In applying these buffer rules, the residential lot lines shall be those designated on Exhibit D. A. Owner shall provide a 25' wide landscape buffer, as required by UDC 11-3B- 9 and 11-2B-3, along the contiguous lot line j oining the west boundary of the West Parcel and the residential lot line of the Packard Estates Subdivision. B. Owner shall construct a 20' wide landscape buffer along the west side of Venture Street beginning at a point that is due west of the west boundary of the Venture Subdivision that is zoned residential and that lies closest to Fairview Avenue, and, except for access streets or drives from Venture Street to the East Parcel, shall continue to the north boundary of the East Parcel. This buffer includes the 10 foot wide street landscape buffer required by UDC 11-3B-7 and 11-2B-3, plus an additional 10' buffer width, with fencing on the west edge of such buffer, and a sidewalk or pathway allowing access to the Kleiner Memorial Park. C. Development within 100 feet of the Packard Estates Subdivision residential lot line shall be subject to the 25' landscape buffer and shall be further limited as follows. Retail building or parking shall be prohibited within 100 feet of said lot line unless Owner obtains conditional use approval. Office and residential development shall be allowed, provided that residential development shall be subject to conditional use approval. A perimeter drive aisle connected with retail or other uses,. an approved public or private road, curb, sidewalk, and/or buffer or perimeter landscaping may also be placed in and count toward said 100 foot setback to retail use. No part of a private or public road, including any sidewalk, shall be placed less than 60 feet from the Seattle-3486407.2 0040834-00006 6 ~~~ residential lot line of such subdivision, unless Owner obtains conditional use approval. D. No building over 26 feet in height shall be placed within 100 feet of the Packard Estates Subdivision residential lot line contiguous with the West Parcel. 12. Off-street parkin. Owner shall provide a minimum of one (1) parking space for every five hundred (500) square feet of gross floor area of nonresidential uses, as provided by 11-3C-6.B. Required minimum residential parking ratios shall also be determined as provided by UDC 11-.3C-6. A. Upon review of the detailed site plan submitted with application for certificate of zoning compliance, Director may request additional evidence from applicant regarding parking coverage and may, subject to the standards of 11-3C-6.B and if not satisfied, subject to Council review, require revision of the site plan to provide additional parking spaces for nonresidential uses, with a required ratio not to exceed four (4) per 1,000 square feet retail gross floor area, and three (3) per 1,000 square feet office gross floor area,. Owner shall prepare the revised site plan, as provided above, which shall comply with the increased parking ratios as determined herein. B. The minimum parking stall width and depth and drive aisle width, and other parking lot design requirements, shall be as provided in UDC 11-3-C-5, or in the alternative provided by 11-3C-7. The wheel restraint specified in UDC 11-3C-S.B.3 shall not be required for internal parking spaces not adjoining a property boundary, landscape islands, sidewalk or pathway, building, or any similar development feature. 13. Parking lot landscaping. Owner shall provide minimum parking lot perimeter landscaping and internal landscaping as required by UDC 11-3B-8, 11-3B-5 and 11- 3B-6. Landscaping shall be installed prior to occupancy for the applicable parcel or legally divided portion thereof, as required by UDC 11-3B-14, subject to any extension provided under 11-3B-14.C. 14. Building_size. Placement of any building with over 200,000 square feet in retail gross floor area shall require Council approval of a Development Agreement Modification. 15. Building height limit. No building shall exceed a height limit of 65 feet, as provided and defined by UDC 11-2B-3, except for additional height allowed according to the terms of 11-2B-3 Note 3, but shall increase to the extent allowed under the new UDC Code in the event the UDC is amended to allow a greater building height in the C-G zone. Seattla3486407.2 0040834-00006 ,~ ~~ 7 ~: • 16. Eagle Road improvements. To the extent not constructed by CenterCal, Owner shall construct improvements, as specified in the Eagle Road Arterial Study, along the west boundary of the North Parcel, prior to occupancy on such parcel; and along the east boundary of the West Parcel, prior to occupancy on such parcel. Owner shall not be responsible for road capacity improvements or road medians, but shall be responsible for the 10' multi-use pathway, landscaping, and pedestrian-level lighting. Street landscaping shall also be provided prior to occupancy of the applicable parcel, either the North Parcel or West Parcel, and shall be provided according to the specifications detailed below. 17. Street landsca~g and setbacks. Owner shall install street landscaping along any side of the road that is contiguous with Owner's property and with minimum widths as specified in the UDC, with exception of private roads; street landscaping shall not be required. 18. Open space and amenities. Open space and amenities are required for residential uses only, as provided by UDC 11-3 G-1 through 11-3 G-3, and shall not be required for nonresidential uses, except as otherwise provided herein. Owner may provide open space in exchange for additional height as allowed by Section 11-2B-3A3. 19. Pathways and walkways. Bike paths shall be provided if required by the terms of UDC 11-3A-4 and/or if mandated by the applicable city code (UDC) and/or road agency, either ITD or ACRD, along Eagle, Fairview, Records, and River Valley Roads. Sidewalks, walkways or pathways shall be provided if required by the terms of the UDC and/or if mandated by the applicable city code (UDC) and/or road agency, either ITD or ACRD, along public or private roads. 20. Second pathway- Owner shall provide a second pathway running generally north- south from Fairview Avenue to River Valley Road in addition to the 10' multi-use pathway along Eagle Road on the west parcel. Owner shall not be required to construct a third north-south pathway for the West Parcel. This second pathway shall serve as the multi-use pathway required by the Pathways Plan and shall be generally situated in the western one half of the West Parcel, from the general vicinity of the 1/8 mile line west of Eagle Road, with allowance made for the final location of the 1/8 mile access on Fairview Avenue, to the west boundary at roughly '/a mile from Eagle Road. The pathway may run separate from or in connection with a drive aisle or road; and will satisfy both the Pathways Plan requirement and the road sidewalk/pathway requirement if it is run in connection with the road. The pathway may be constructed as a detached 5' sidewalk with a 5' landscape strip or as a 10' multi-use pathway Seattle-3486407.2 0040834-00006 U ~~- • 21. Site internal drive aisles. A. North Parcel: The extension of Records Road shall be deemed to satisfy the requirements of UDC 11-3H-4.B.3. In addition to providing Records Road . right-of--way, Owner shall provide a minimum of two private or public road or drive aisles in a generally northerly and southerly direction connecting the north boundary of the CenterCal development to River Valley Road. Owner shall connect to the CenterCal development at a minimum of two locations and shall extend such connections to two separate access points at River Valley Road. Owner shall sign a cross access agreement with CenterCal Properties and shall submit a copy to City Staff prior to development of the North Parcel. Owner shall sign a cross access agreement with Bach Homes allowing Bach access to River Valley Road B. East Parcel: Owner shall provide a minimum of one private or public road or drive aisle connecting Venture Street with Records Road. C. West Parcel: River Valley Road (on the west side of Eagle Road), currently enters the properly and then turns north. Chateau Drive also enters the property and then turns north. The school district has private drive lanes that connect to River Valley Road and to Chateau Drive. The Owner shall be required to work with the City , ACHD and the School District to develop a vehicular and pedestrian circulation plan (public and/or private roads) that not only allows for connectivity of the residential neighborhood to the school and successful development of the West Parcel, but that discourages cut through traffic from Eagle Road. The City anticipates that development of this property will rely heavily on the extension of connection to River Valley Road. The City strongly supports this connection in concept (as consistent with UDC 11-3H-4.B) but realizes that the details will need to be worked out when there is a detailed site plan to evaluate. Any approval shall involve a public hearing with notice to surrounding properties. The public hearing shall discuss the manner of the connection extension, not whether such connection/extension of River Valley is appropriate. Such access is a given, subject to any ACHD requirements for additional right-of--way and/or widening of River Valley Road. The City shall accept a private road that generally runs north/south that connects Fairview Avenue and River Valley Road, including any approved extension of such road, as meeting the requirement of UDC 11-3H-4.B.3. This does not preclude the Owner from requesting a public road to satisfy UDC 11-3H-4.B.3 in this area. 22. Additional site and building design standards. Additional site and building design standards may be formulated and agreed to by the parties. Owner, a transferee, or subsequent transferee, of any portion of Owner's property, may elect to the follow Code site design review standards of UDC 11-3A-19 or successor provisions in effect Seattle-3486407.2 0040834.00006 9 ~ 7~---- • when a certificate of zoning compliance is applied for in lieu of the additional design standards agreed to herein. 23. Future Applications. All future approval requests (including but not limited to preliminary plats, short plats, final plats, certificates of zoning compliance, rezones, property boundary adjustments, alternative compliance, conditional use permits, and/or variances), on North Parcel, East Parcel, and West Parcel shall be evaluated consistent with the terms and intent expressed in this Development Agreement and/or as modified. Where this Development Agreement has expressed specific standards related to use limitation, allocation of retail and office gross floor area, buffers to residential use, off-street parking, parking lot landscaping, building size, building height limit, Eagle Road improvements, Street landscaping and setbacks, open space and amenities, and pathways and walkways such standazds shall apply as stated and shall not be subject to future UDC amendments unless specifically stated within the DA. 6. NO OBLIGATION TO DEVELOP. While this Agreement governs any development of the Property, it does not require development of the Property. None of the provisions of this Agreement shall be construed as requiring Owners/Developers to develop or improve the Property or any parts thereof at any time or in any particular order. Owners/Developers shall not be responsible for any off-site improvements beyond those required by this Agreement. 7. COMPLIANCE PERIOD/CONSENT TO REZONE: For any improvements for which a building permit has not been issued, this Agreement and the commitments contained herein maybe terminated by the City, and the zoning designation reversed, upon a default of the Owners/Developers or Owners'/Developers' heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this Agreement and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof, and after the expiration of the cure period provided for in Section 8 hereof without a cure being effected. 8. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 8.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 8.2 Notice and Cure Period. In the event ofOwner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within Seattla~3486407.2 004083400006 ~ ~~ 10 • such one hundred eighty (180) day period, then the time allowed to cure such failure shall be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 8.3 Remedies. In the event of default by Owner/Developerthat isnot cured after notice as described in Section 8.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de-annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybe sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 8.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 8.5 Waiver. A waiver by City of any default by Owner/Developer ofany one or more of-the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 9. INSPECTION: Owners/Developers shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. 10. DEFAULT: 10.1 In the event Owners/Developers, or Owners'/Developers' heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, and following the expiration of the cure Seattle-3486407.2 0040834-00006 ~ °'~~ 11 • period herein provided for, and except for any improvements for which a building permit has been issued, this Agreement may be modified or terminated by the City. 10.2 A waiver by City of any default by Owners/Developers of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 10.3 A default by a transferee of a parcel or lot shall not allow the City to terminate this Agreement, reverse the zoning designation, or otherwise affect any of the rights or remedies granted hereunder as to parcels retained by the Owners/Developers; and a default by~ the Owners/Developers shall not allow the City to terminate this Agreement, reverse the zoning designation, or otherwise affect any of the rights or remedies granted hereunder as to any land owned by a transferee of a parcel or lot. 11. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owners'/Developers' cost, and submit proof of such recording to Owners/Developers, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or Owners/Developers, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybe sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 Subj ect to the provisions of Section 8 hereof, in the event of a material breach of this Agreement, the parties agree that City and Owners/Developers shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non- breachingparty's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (3 0) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and. thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either Owners/Developers or City is delayed for causes which are beyond the reasonable Seattle•3486407.2 004083400006 ~ ~i 12 ~_ control of the parry responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 11-5-C, to insure that installation of the improvements, which the Owners/Developers agrees to provide, if required by the City. 15. CERTIFICATE OF OCCUPANCY: The Owners/Developersagreesthat no Certificates of Occupancy will be issued until the improvements for which they are subject are completed in accordance with the applicable specifications set forth in this Agreement, unless the City and Owners/Developershaue entered into an addendum agreement stating how such improvements may vary from such requirements. 16. ABIDE BY ALL CITY ORDINANCES: Owners/Developers shall abide by all ordinances of the City of Meridian that are consistent with the terms of this Agreement and the Property shall be subj ect to de-annexation if the Owner or its assigns, heirs, or successors shall not meet the conditions contained in this Development Agreement and the Ordinances of the City of Meridian that are consistent with the terms of this Agreement, and such failure continues beyond the expiration of the applicable cure period. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 OWNER/DEVELOPER: David E. Kleiner, Trustee c/o Michael Ballantyne Thornton Oliver Keller Commercial Real Estate 250 S. Fifth Street, 2nd Floor Boise, ID 83702 with a copy to: Stoel Rives LLP 600 University Street, Suite 3600 Seattle, WA 98101 Attn: David H. Rockwell 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. Seatt1e3486407.2 004083400006 ~ °~~-- 13 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement or any appeals are taken therefrom, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other parry so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer ofthe Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there axe no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. No condition governing the uses and/or conditions governing re- zoning ofthe subj ect Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. PERSONAL LIABILITY: David E. Kleiner executes this Agreement solely as the Trustee of the trusts herein identified and any liability of the Owners/Developershereundey may be asserted ~~~~.. Seattle-3486407.2 004083400006 14 Legend -Boundary Line - - - - - -Section Line - - -Right-of-way Line ------ -Parcel Line -Section Corner cam -Quarter-Section Comer ~ -Set 112"x24° Rebar .p -Sat 518'k30° Rebar aSCc1~@.' 1~=.~00~ 300 150 0 300 Curve Table Curve Delta Radius Len th Chord Bearing Chord Length C1 32°15'58" 500.00' 281.58' N16°07'22%N 277.ST W O ~ ~ V O 0 0 Z S89°59'29"E i 1378.91' Kleiner Famfly 2 08 Trust -East Slde A Portion of the Southeast Quarter of the Southwest Quarter and the West Half of the Southwest Quarter of the Southeast Quarter of Section 4, T.3N.,R.1 E.,B.M. 23.97 Acres Parcel 3a i Parcel 3b I lei i~l >I zl l I I m r~ g I" ~' I m "I > ~l N I O 1 O I I ------- ~-------------- 1 -----'----------r• -_-__ 5 4 ~ N89°46'17"W 636.07' PDB 4 N89°46'39°W 664.76' , ~ 4 33 8 9 - - - S89°46'17°E 2659.51' 9 N89°46'39"W 2658.62'- - - 9'-''~0 Basis of Bearing ,. East Fairview Avenue ©® Annexation Exhibit PROJECT N0.6098752.00 DATE: 01/06/09 a ' ° " " ` ~ Kleiner -East Side BY: msb 1173 E WaW6g Leek Dr. Eagle, 8) 83818 Ta<2082C83300 Fa:xos2asa32o Kleiner Family 2008 Tfvst SCALE: 1°=300' • •~~~_ • Meridian, Idaho SHEET NO. 1 of 1 4 .. LAND PLANNING r~ CIVIL ENGINEERING LANDSCAPE ARCHITECTURE LAND SURVEY .~ WATER RESOUBGFi~ ~ ~~! ~~1~ 1173 East n Eagle, ID 83616 PH 208/246.8300 FX 208/246.8320 www.wrgdesign.com www.wrgdesign.com • I~I~"~' ?7 Wt~l D E S I G N I N C. Closure Worksheet Bearin Distance ~ Latitude Departure 0.000 0.000 N89°46'17"W 636.07 2.538 -636.065 N00°00'37"E 52.81 55.348 -636.055 N00°00'37"E 475.04 530.388 -635.970 N16°07'22"W 277.87 797.329 -713.134 S89°59'29"E 137$.91 797.122 665.776 S00°04'25"W 741.97 55.152 664.823 S00°04'25"V1/ 57.74 -2.588 664.749 N89°46'39"W 664.76 -0.006 -0.006 Closure Error 1: X490,349 -0.006 ) -0.006 1 . Annexation Boundary Description HIeiner Family 2008 Trust West Side Job No. 6098752.00 A parcel of land situated in the east half of the southeast quarter of Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and being more particularly 'vim hhh"' described as follows: 3 N rth T hi 5 i , owns p o on , Commencing at a brass cap marking the southeast corner of Sect LA"° P Range 1 East, Boise Meridian, the POINT OF BEGINNING: LANNING Thence S89°46'56"W, 1322.11 feet along the south line of the east half of the southeast quarter of Section 5 to the southwest corner of the east half of the southeast quarter of Section 5; CIVIL EN$INEERIN6 45.28 feet along the.west line of the east half of the southeast Thence N00°06'56"E , quarter of Section 5 to a 5/8 inch rebar on the north right-of--way line of East Fairview Avenue; - Thence N00°06'56"E, 1265.40 feet along the west line of the east half of the LANDSCAPE ARCHITECTURE southeast quarter of Section 5 to a 5/8 inch rebar marking the southeast corner of Packard Subdivision No. 4, Book 82 of Plats at.Page 9064, records of Ada.County; 6 Thence N00°07' 13"E, 976.00 feet along the east line of Packard Subdivision No. 4 and Packard Subdivision No. 3, Book 80 of Plats at Page 8687, records of Ada LAND County, to the centerline of East Chateau Drive; SURVEY Thence N89°51'06"E, 91.43 feet along the centerline of East Chateau Drive; Thence 70.69 feet on a curve to the left having a radius 45.00 feet, a central angle of 90°00'00", a chord bearing of N44°51'06"E, and a chord length of 63.64 feet, along WATER RE ~,~; ~ ~~ the centerline of East Chateau Drive; ®~ Thence N00°08'54"W, 289.90 feet along the centerline of East Chateau Drive to the ~.~. north line of the east half of the southeast quarter of Section 5; rte. . ~~~ ~ ~~ ~® Thence N89°55'28"E, 746.26 feet along the north line of the east half of the ~~~ ~~ ~~ \®~~~ southeast quarter of Section 5; ~P'1 ~~ . ~ ~ 0 7 » _ 1173 East orive Thence S20 34 14 E, 4E.04 fret; Eagle, ID , s3s~s Thence N89°.55'28"E, 356.73 feet parallel with the north line of the east half of the PH 208/246.8300 southeast quarter of Section 5 to the west right-of--way line of North Eagle Road; FX 208/246.8320 www.wrgdesign.com www.wrgdesign.com Page 1 of 2 V • • S Kleiner Family 2008 Trust -West Side continued.. . Thence N89°55'28"E, 70.00 feet parallel with the north line of the east half of the• southeast quarter~of Section 5 to the east line of the east half of the southeast quarter of Section 5; Thence S00° 10'43"W, 2573.49 feet along the east line of the east half of the southeast quarter to the POINT OF BEGINNING. The above-described parcel contains 78.13 acres, more or less. 'f C~ % ~, c5s~, f!/ ~ t~~r' Pa e 2 oft g D E S I G N I N C. Z 7 y v a~ 0 Z r'n v .~ a i ~ i of ' ~I V 1 ~ WI I i; W io 0 °o z V_ N r 746.26' S20°34'14"E N89°55'28"E 42i 356.73' ~ ~ Kleiner Family 2008 Trust -West Side C1 A Portion of the East Half of the Southeast Quarter 89°51'06"E of Section 5, T.3N.,R.1 E.,B.M. 1.43' 78.13 Acres Parcel 4a Curve Table Curve Delta Radius Length Chord Beadng Chord Len th C1 90°00'00° 45.00' 70.69' N44°51'O6"E 63.64' T 70~ i i i 1 1 i ~ v ~ n ~ N I ' I i ~ i ~ i ~ ~ •= i v ~ I I ° `o W 1 N W r m I I I 1 Sr;a/e.• 1=300' x- 300 150 0 300 Legend -Boundary Line - - - - S~Oon Una - - - - - - - - Right-of-way Line - - - - - Parcel Line r~ o - Secton Corner a ll - Quarter-Section Corner Q - Found 518° Rebar p - Set 5/8°x30" Reber Parcel 4b I ~ i i ; ~ ~ ~ G ~+ o Z ~ m~ ~ 4 ~ W, Z ~grFOF~oP~~ N00°06'56"E 45.26' _____ `~~ --------------~---- P065 4 _ _ S89°46'S6"W 1322.11' _ _ _ , East Fairview Avenue g g ©® Annexation Exhibit PROJECT NO. 6098752.00 p E s i o N , N ~. DATE: 01/06/09 Kleiner - West Side BY: msb ~~ ~. wmdms ~~ m. Fsem. ro sssis T~. ~'s~°° Fax 2~«~ Kleiner Family 2008 Trust SCALE: 1°=300' • ~°'°'~°'" • Meridian, Idaho SHEET NO. 1 of 1 ~ i ~. D E S I G N I N C. ~~ s-. LAN D PLANNING ~: CIVIL ENGINEERING LANDSCAPE ARCHITECTURE t ' LAND SURVEY WATER 1173 East Wind~i g-C-reekf Eagle, ID 83616 PH 208/246.8300 FX 208/246.8320 www.wrgdesign.com www.wrgdesign.com Closure Worksheet Bearin Distance Latitude Departure 0.000 ~ 0.000 S89°46'56"W 1322.11 -5.025 -1322.100 N00°06'56"E 45.28 __ 40.255 • -1322.009 N00°06'56"E 1265.40 1305.652 -1319.457 N00°07'13"E 976.00 2281.650 -1317.408 N89°51'06"E 91.43 _ 2281.887 _ -1225.978 ~ N44°51'06"E 63.64 I _ 2327A03 -1181.095 _ N00°08'54"W 289.90 2616.902 -1181.845 _ N89°55'28"E 746.26 2617.886 -435.586 S20°34'14"E '48.04 I 2572.909 -418.707 N89°55'28"E 356.73 2573.380 -61.977 N89°55'28"E 70.00 2573.472 8.023 S00°10'43"W 2573.49 -0.005 0.000 Closure Error 1: 1,455,746 -0.005 0.000 • • Exhibit B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER E IDIAN~-- i.~aHo In the Matter of the Request for Annexation and Zoning of 258.39 Acres from RUT & R6 (Ada County) Zoning Districts to the C-G (General Retail and Service Commercial) Zoning District, for Meridian Town Center by CenterCal Properties, LLC. Case No(s). AZ-07-012 For the City Council Hearing Date of: January 8, 2008 (Findings on the January 22, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 8, 2008, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 8, 2008, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 8, 2008, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 8, 2008, 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, ldaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 1 I Meridian City Code, and all current zoning maps thereof The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-OI2 -I- • 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Conceptual Site Plan, and the Conditions of Approval all ixI the attached Staff Report for the hearing date of January 8, 2008, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Annexation and Zoning request as evidenced by having submitted the legal description and exhibit map, prepared by Michael Byrns, dated 8/20/07, is hereby approved per the provisions i~n the Development Agreement; 2. The property described i~n the Annexation & Zoning legal description shall be zoned C- G as recommended by Staff and approved by the City Council; and 3. A Development Agreement is required with approval of the subject annexation & zoning application and shall include the provisions noted in the attached Staff Report for the hearing date of January 8, 2008, incorporated by reference. D. Attached: Staff Report for the hearing date of January 8, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAw AND DECISION & ORDER CASE NO(S). AZ-07-012 -2- By action of the City Council at its regular meeting held on the 2008. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEPTH BIRD TIE BREAKER MAYOR TAMMY de WEERD ~~ d day of VOTED_~~~ VOTED_ I~~ VO'I'ED_ (~~ VOTED__z~ - VOTED `'~ DE WEERD ,. ~ •~, • ATTEST: '~ T~, ~' o ~~~L .y ~' II,LIAM G. BERG, JR., C;;L' t is~ ., ~~ ~ @~. ~~ ~ Copy served upon: v pplicant g Department blic Works Department City Attorney B ~,_... Dated: ~ "Z~ ity Glerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW tWD DECISION & ORDER CASE NO(S). AZ-07-01'2 -3- Y CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 STAFF REPORT HEARING DATE: January 8, 2008 ,- .~ E` LDIAN* TO: Mayor &. City Council - {~ D A H 0 FROM: Sonya Wafters, Associate City Planner 208-884-5533 SUBJEC'T'; Meridian Town Center AZ-07-012 Annexation and Zoning of 258.39 acres from the RUT & R6 (Ada County) zoning districts to the C-G (General Retail and Service Commercial) zoning district. VAR-07-017 Variance to UDC 11-3H-4 which prohibits new approaches from directly accessing a state highway at points other than the section line road and the half mile mark between section line roads; Applicant is proposing 4 right- in/right-out access points (2 on each side of State Highway (SH) 55/Eagle Road) and 2 right-in/right-out/left-in access points (one on each side of SH 55). 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, CenterCal Properties, LLC, has applied for Annexation and Zoning of 258.39 acres from RUT and R6 (Ada County) zones to C-G (General Retail and Service Commercial) zoning district. (T'his is the annexation area, the actual property is approximately 244 acres.) A Variance is also requested to UDC 11-3H-4 that prohibits new approaches from directly accessing a state highway at points other than section line roads and the half mile between section line roads. The Applicant is requesting..approval. for 4 right-in/right-out access points, two on each side of State Highway (SH) 55/Eagle Road and 2 right-in/right-out/left-in access points, one on each side of SH 55/Eagle Road located approximately '/a of a mile north of Fairview Avenue. The applicant is also proposing to construct/re-construct a full access, signalized intersection on SH 55 located approximately '/z mile north of Fairview Avenue (River Valley Street); a Variance is not necessary for this access point as it is located at the half mile mark between section Tine roads as allowed by UDC 11-3H-4B2b. The Applicant has submitted a conceptual development plan (attached as Exhibit A.2) that shows how this property may develop in the future. The overall plan shows 2,607,925 square feet of building area, which consists of 1,355,775 square feet of retail area (retail, anchors, shops, & pads); 897,300 square feet of office area; and 354,850 square feet of residential area. The plan also shows access points to/from SH 55/Eagle Road and E. Fairview Avenue, the extension of Records Road through this site, the extension of E. River Valley Street from SH 55 to Records Road, and driveway connections into the site from Venture Street at the east boundary. The subject properties are located on the northeast and northwest corners of N. Eagle Road and E. Fairview Avenue. The properties consist of three parcels in Ada County. The site consists of vacant undeveloped land that is currently being used as a turf farm. This property is within the City of Meridian's Area of Impact and Urban Service Planning Area. After the original concept plan was transmitted to agencies, the Applicant submitted a revised concept plan (dated September 27 2007, included as Exhibit A.6), which added floors to proposed Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 1 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TH'E HEARING DATE OF JANUARY 8, 2008 structures but did not change the layout of the structures. These changes are documented in a memo attached as Exhibit A.8. Z. SUMMARY RECOMMENDATION Staff recommends approval of AZ-07-012 and denial of VAR=07-017, as presented in the staff report for the hearing date of November 15, 2007, based on the Findings of Fact as listed in Exhibit D and subject to the Development Agreement provisions proposed in Section 10. The Commission is not required to make a recommendation on the Variance application. NOTE TO COMMISSION/COUNCIL REGARDING FUTURE OWNERSHIP AND CONCEPT PLAN This is a large project with many development details yet to be resolved (e.g., Eagle Road improvements and access, exact building locations and uses, elevations, traffic impacts, timing of improvements, etc.). As you know, on large projects it is often difficult for the developer to plan for the full development of the site. You will note as you review this application that we have a fair amount of detail regarding the development at the northeast corner of the Fairview/Eagle intersection, but we have less detail in other areas. The level of detail in the concept plan is related to the future ownership of the property. Currently the property is held in common ownership between Eugene and Walter Kleiner. The applicant for the project is CenterCal properties. Eugene Kleiner will retain ownership of the 60 acres at the north east coiner of the annexation site. His intent is to develop the property as a pazk and dedicate it to the City. The plans for the park site are still being developed and we have no details at this time. With regard to the northeast corner of FairviewlEagle intersection, this property is under contract by CenterCal and will be the first area to develop. As noted previously, we have a fair amount of detail and certainty regarding the concept plan for this area. The remainder of the property will be held by the Walter Kleiner family. Some of the property may be developed by CenterCal, liut it may be just as likely developed by another group. This being the case, the applicant has requested that Staff prepare the report by analyzing the property in three sub-areas related to such future ownership. Staff has provided unifying concepts for all three sub-azeas, provided detailed recommendations on access, and proposed asquare-footage limit for the proposed office, retail and residential uses on the subject site. However., many of the other Development Agreement (DA) provisions Staff would typically include in a staff report for an annexation only request aze not included herein (e.g., elevations). Staff recognizes that the market trends over tune will affect how this property is developed and flexibility is necessary given the size of the development. Staff has prepazed a staff report that we believe provides adequate assurances that this property will develop i~n a manner that is in the best interest of the City. Staff recommends that the Commission and Council include any additional DA provisions that maybe appropriate. The Meridian Planning & Zoning Commission heard the AZ reauest on November 15, 2007. At the public hearing they moved to recommend approval of the subiect AZ reauest. a. Summary of Commission Public Hearing: i. In favor• Ashley Ford WRG Design (Applicant's Representative); Jean Paul Wardy CenterCal Properties (Applicant)• Andv Wilk. CenterCal Properties (Applicant)• Lars Anderson Bach Builders• Chris Brand. Petra Inc.; Michael Ballantvne (representing the Ifleiner's) ii. In opposition: None Meridian Town Center AZ-07-0.12 & VAR-U7-017 PAGE 2 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7ANUARY $, 2008 iii. Commemtine• Victor Villeeas (representing Blue Cross of Idaho); Scott Stanfield Mason Stanfield Engineering (representing Bach Builders) iv. Written testimony: None v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: Anna Carmine b. Key Issue(s) of Discussion by Commission: i. Pedestrian and vehicular traffic between the sites. across Eagle Road; ii. The extension of Records Road from Fairview Avenue north to River Valley Road and the extension of River Valley Road from Eagle Road east to Records Road; c. Key Commission Change(s) to Staff RecommendaHor: i. None d. Outstanding Issue(s) for Citv Council: i. The owner of the parcel west of Eagle Road questions the need for three pedestrian systems (the multi-use pathway alone Eagle Road. the multi-use pathway alone the west property boundary, and the sidewalk associated vt+~th the public/private street through the center of the site) on the property. L Meridian Town Center AZ-07--012 & VAR-07-017 PAGE 3 • - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 ann roye~ by er>F m And iT n and ca nnot be eva lpated u ntil a trafl?tc_ ~?npact 11. stud Add y has been co a DOV~lamm~n mpleted:' t Aorvam ant prov ision in 1nA #2 and DA #3 aS fO IIOWS• " h~ of Why cha 1 be dedi cated for the ext~nci on of Re cords Road and F.. Rive r Valley Stree t. Ilrtight slf--way is not dpdira tpil direc tly adiacen t to the nort hern Brortert!v bo»ndar v of the si te cross-ac cess sha ll be provid ed to the nrnn prly to t>ti....n rth cn tha t A mite drip is not c reated ConstructL n of River Vall ey Street and Records R oad shal l take place with the ~uitial pha se of the 111. nr°- Add ~ a Developm - n ~amm -- ~nt nrnv iainn in DA #2 ac fo llows: "Ow ner shall nrnv ida A corned n athwav r unninu t> enera Iv no rth-south from Fair view Avenue n R iv r Va ley Ro ad in ad ition to t he 10' mult i-use pat hway alon~ EaQ1_e Road. own er shall not b e required to const ruct a third north-s outh pathw ay for the Wes t ParePl Thi s second ~wa }~ hall serve a s the mu lti-use way rPn. rirod by the Pa thways Pl , an and s ha11_be ~en erallv sit uated in th e Western one ~g ~ ^ *~^^a •,.:•a °~lowance n.fldP for the final lo cation o f th_e 1/8 mi le access. on , Fair view Avenue. to the wes t bos~nda rv at route lv'/ il e from F.av ]e Road. Thg pathwav may run separ ate from or in conn ection wi th a drive a isle or road: and side . will.satisfv bo walk/pathwav th the Pat requirem hways Pl ent if it I an req~~ire s run in co ment and nnection t road with the ro ad She nath wav maybe c onstructe d as a det ached 5' si dewalk w ith 5' land scape stria iv. or a Add s a 10' multi-u a Developme se nathwa nt Agreem v": ent prov ision in DA #3 as fo llows• "The applicant id:^• •~a -•~o~'k with the. adlAro nt davol nnarc to the cnnth (T levelnnerc Diversifiedl rea r insr their of fer to shar e traffic ~xd ~enera lknnwle d~e of the a rea": v. A,dd `~ a Develo rl~llltUrdh'c As'reem ipnlndina en prov prndurfi ision in DA nn of cr01+~ #1, & D , shall A #2 as foll ~~tinpp to h ows: e allowed afte r annexation a s an urba n_farm-u se. which is a r'n ' al permitt ed use under ID ~ 1.I-43-28 an d 11-2B-2 ." 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-07- 012 & VAR-07-017 as presented in the staff report for the hearing date of January 8, 2008, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-07-012 & VAR-07-017 as presented during the hearing on January 8, 2008, for the following reasons: (State specific reasons for denial of the annexation request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ- 07-012 & VAR-07-017 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: The subject properties are generally located on the northwest and northeast corners of SH 55/N. Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 4 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 Eagle Road and E. Fairview Avenue, in the southeast'/ of Section 5, Township 3 North, Range 1 West and the southwest % of Section 4, Township 3 North, Range 1 West. Referenced as Ada County Tax Parcel Numbers: 51105449011; 51104346603; and 51104438800 Although there are only three tax parcels (one on the west and two on the east), the applicant has submitted documentation from Ada County Development Services that there are four legal properties associated with the annexation (one on the west and three on the east). We have attached this documentation as an exhibit in the staff report. b. Owner: Walter Herman Kleiner and Elizabeth Kleiner 1795 N. Eagle Road/3600 E. Fairview Avenue Meridian, Idaho 83642 c. Applicant: CenterCal Properties, LLC 7455 S.W. Bridgeport Road, Ste. 205 Tigard, Oregon 97224 d. Representative: Ashley Ford, WRG Design, Inc. (Applicant's Representative) e. Present Zoning: RUT & R6 (Ada County) £ Present Comprehensive Plan Designation: Mixed Use -Regional g. Applicant's Statement/Justification: The proposed Meridian Town Center project will make the rapidly growing community of Meridian a new `center-of-gravity' for the citizens and out of town visitors alike. The initial project concept plan shows approximately 2.5 million square feet of retail, entertainment, restaurant, and office space. Meridian Town Center will offer an exceptional tenant mix and presentation to the customer anywhere to be found in the Boise metropolitan area. With the site located on the northeast and northwest corners of Eagle Road and Fairview Avenue, the development will enjoy the highest daily traffic counts to be found in the state of Idaho, exceeding 90,000 vehicles per day. At this intersection, Meridian Town Center will be well positioned to serve the strongest household demographics in the Boise region. Meridian Town Center will provide a broad selection of apparel, home goods, entertainment and restaurant opportunities, offering the discriminating shopper an experience not available in the region. Through a generous donation to the community by the Julius M. Kleiner Memorial Park Trust, Meridian Town Center will be fully integrated with a 60-acre park. (Please see Applicant's narrative for more information.} 5. PROCESS FACTS a. The subject.application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. b. Newspaper notifications published on: September 17s', 2007 and October 1s`, 2007 (Commission); December 17.2007 and December 31, 2007 (City Council) c. Radius notices mailed to properties within 300 feet on: September 7"', 2007 (Commission); December 14.2007 (City Council) d. Applicant posted notice on site by: September 21, 2007 (Commission); December 7, 2007 (Gifu Council Meridian Town Center AZ-07-OI2 &VAR-07-017 PAGE 5 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 6. LAND USE a. Existing Land Use(s): The site consists of a couple of homes and several outbuildings. b. Description of Character of Surround"mg Area: This site is surrounded by various commercial uses (zoned L-O, C-G, & I-L), a school (River Valley Elementary), and single-family residences. c. Adjacent Land Use and Zoning: 1. North: River Valley Elementary School, zoned R-4; offices (Stokesberry Subdivision), zoned L-O; vacant land and single-family residences, zoned RUT {Ada County); and single-family residences (Redfeather Estates Subdivision), zoned R-4. 2. East: Single-family residential (Clover Meadows Sub. & Venture Sub.), zoned RUT & Rl (Ada County); Bank, zoned C-G. 3. South: Conunercial uses (Treasure Valley Business Center & Crossroads Shopping Center), zoned I-L & C-C. 4. West: Church (Capital Christian Center), zoned L-O; and Packard Estates Subdivision, zoned R-4. d. History of Previous Actions: None e. Existing Constraints and Qpportunities 1. Public Works Location of sewer: N Eagle Road Location of water: N Eagle Road, Venture, Tweedbrook, Fairview and Chateau Drive. Issues or concerns: The applicant will be responsible to supply sewer service to E Meadow Wood Drive and Venture Street. 2. Vegetation: Existing trees on the site that should be protected or mitigated for when this site develops.. 3. Floodplain: This property is not within the floodplain. 4. Canals/Ditches Imgation: The Downey sub-lateral runs across the northern boundary of this site. The South Slough runs across the northeast corner if the site that is east of SH 55. The Applicant will be responsible for any tiling of ditches that may be required with development of this site. 5. Hazards: Staff does not know of any natural hazards associated with this property. 6. Proposed Zoning: C-G (General .Retail and Service Commercial) 7. Size of Property: 258.39 acres f. Summary of Proposed Streets and/or Access: The conceptual development plan submitted by the applicant shows 4 right-in/right-out access points, two on each side of State Highway (SH) 55/Eagle Road, and 2 right-in/right-out/left-in access points, one on each side of SH 55/Eagle Road located approximately '/a of a mile north of Fairview Avenue. The applicant is also proposing to construct/re-construct a full access, signalized intersection on SH 55 located approximately lh mile north of Fairview Avenue (River Valley Street). A variance is requested for approval of these proposed access points to SH 55. On the portion of the site that is west of Eagle Road, the plan shows lfull-access point to Eagle Meridian Town Center AZ=07-0•l2 & VAR-07-017 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 Road where River Valley Street currently exists {this will be a signalized intersection), 2 right- in/rYght-out access points to/from Eagle Road, 1 right-in/right-out/left-in access from Eagle Road, 2 access points to/from Fairview Avenue, 2 driveway connections to the private street along the north boundary, and 1 driveway connection to River Valley Street to the north. On the portion of the site that is east of Eagle Road, the plan shows lfull-access point to Eagle Road where River Valley Street will be extended (this will be a signalized intersection), 2 right- inlright-out access points to/from Eagle Road, 1 right-in/right-out/left-in access from Eagle Road, 3 access points to/from Fairview Avenue, and 1 signalized, full-access point (Records Road) to Fairview. Records Road is proposed to be constructed from Fairview Avenue through the site to River Valley Street at the north property boundary. River Val°ley is then shown as connecting to Eagle Road, as a signalized intersection. Two driveway connections are proposed at the east boundary of the site to Venture Street for interconnectivity with the adjacent residential subdivision. In addition to Records Road, two driveway connections are proposed at the north boundary of the site to the proposed River Valley Street. Five driveway connections are conceptually shown to Records Road on both the west (commercial) side and east (park) side. Several internal drive aisles are proposed for access within the site. These aforementioned access points and other access issues are discussed at length in section 10 of this report. Due to the fact that this is only an Annexation application, ACHD has not submitted formal conditions of approval. However, due to the size of this project ACRD did submit comments on this application that are included in Exhibit B of this report. City Staff has been in contact with ITD and COMPASS Staff and is working with the Applicant's traffic engineer on a scope for a traffic study. Neither ITD nor COMPASS has submitted formal comments to the City on the subject project. Staff is recommending denial of the proposed access points to Eagle Road. Further, because ACHD and TTD aze the road authorities for the existing and proposed public streets and highways, the Applicant must obtain approval from both agencies regazding approval of access points to Eagle Road, E. River Valley Street, Venture Street, and Fairview Avenue. Staff does not support the two driveway connections shown near the northwest corner of the site, west of Eagle Road. There is an existing public street, Chateau Drive that connects to River Valley Street through the elementary school site. Staff believes that driveway connections to/from this site should only be allowed to public streets, not private property. Staff recommends that the applicant work with the School District on making the existing private access between Chateau Drive and River Valley Street, a public street connection. NOTE: Staff has not received any comments from Valley Regional Transit (VRT) but believes there is a great opportunity to plan for bus service within or alongside this development. Staff is recommending that the Applicant contact VRT prior to the City Council meeting to see if there is any opportunity for bus shelters, bus stops, bas pull-outs, or park and ride areas in this area. 7. COMMENTS MEETING On September 14, 2007, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions in the attached Exhibit B. Because this is only an annexation application, there are no conditions of approval; ail applicable provisions are proposed in three Development Agreements. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated `Mixed Use-Regional' on the Future Land Use Map. In Chapter VII of Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 7 . • CITY OF MERIDIAN PLANNI°NG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 art as an area that is situated in highly visible the Comprehensive Plan, this designation is defined i~n p ortunities are encouraged. or transitioning parts of the City where innovative and #lexible design opp The MiJ-R designation allows forellin 2unitOs00er acreemixed use neighborho d and mixed use densities ranging from 3 to 40 dw g P to ent centers commercial uses, as well as regional commercial uses such as entertainment and emp ym and clean industry. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis below policy in italics): Require that development projects have planned for the provision of all public services. (Chapter VII, Goai III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: - Sanitary sewer and water service will be extended to the project at the developer's expense. - The subject lands currenxlnll be trtder the)'urdsdtiett'on of tJhe M than City Fire Department, Once annexed the lands who currently shares resource and personnel with the Meridian Rural Fire Department. - The subject lands currently lie within the jurisdiction of the Ada County Sheriff s Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACFID). This service will not change. - The subject lands are currently serviced by the Meridian School District No. 2. This service wild not change. the Meridian Library District. This service will - The subject lands are currently serviced b1' not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Chapter VII, Goal I, Objective B: Plan for a variety of commercial and retail opportunities within the Iinpaet Area. Stafff nds that the site is designated for a mix of uses on theme so ~Pl ~ ~ t ark siteFretatl, office, gP Use Map. The applicant has proposed a horizontal mix of and residential. The applicant has also proposed some vertical mixed ublic recreatiton,Cal portion of the development. Staff believes that over time, a variety ofp commercial, retail, ofJ~ce, and residential uses will be provided on this site. Chapter VII, Goal IV, Objective D, Action 4 - "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." Upon development of the prop enue and N. Eagle Road ct~ass f ed as principal arterial st eets and required along E. Fairvtew A entryway corridors. Buildings and parking will be set back from these streets at least the width o the required buffers. Chapter VII, Goal IV, Objective D: Encourage appropriate land uses along transportation corridors. The applicant is proposing a mix of public recreation, commercial and residential uses. Staff believes that the proposed development is appropriate along the adjoining transportation corridors (Fairview Avenue & Eagle Road). The future residents in this area will have services pAGE8 Meridian Town Center AZ-07-012 & VAR-07-017 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 within walking and biking distance. Chapter V, Goal III, Objective D, Action 5 - "Require all commercial businesses to install and maintain landscaping." The Applicant is not specifically proposing to install any landscaping with the subject annexation application. Upon development of this site, all commercial businesses will be required to construct internal and perimeter landscaping. Said landscaping on t~~ sl etalled prior to issuance of Certificate of Occupancy of the proposed building(s) Chapter N, Goal I, Objective A, Action - "Permit new... commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." This property is contiguous to the City and sanitary sewer and water are readdly available. Chapter VII, Goal N, Objective A, Action 6: Require screening and buffering of commercial and industrial properties and residential use with transitional zoning. Upon development of the property, a 25 foot wide land use buffer will be required along the boundaries of the site that abut existing residences.Future commercial uses on the property will be required to provide screening and buffering to the existing residences, in accordance with the UDC. Chapter VII, Goal I, Objective B, Action 5: Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas. The subject properties are located on the corner of two principal arterial streets on one of the busiest intersections in the State of Idaho. This makes the site an ideal place for a mixed use development. A movie theatre is proposed to be constructed in the first phase of development, which will serve the adjacent neighborhoods as well as draw in a regional customer base. Staff believes that the proposed uses transition to and integrate with the established uses in this area. Chapter VII, Goal N, Objective C, Action 10: Support a variety of residential categories (low-, medium-, and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The proposed lifestyle center located in the middle of the project is a vertical mixed-use project with retail uses on the bottom floor with off ce and residential units above. Staff believes that the proposed residential units contribute to the variety of housing opportunities within the City. Chapter VII, Goal V, Objective A, Action 7: Continue promoting quality mixed"use developments in accordance with the Future Land Use Map. The Future Land Use Map designates this property as Mixed Use -Regional. As such, this property should offer over 200, 000 square feet of commercial space with uses including neighborhood commercial, commercial services and residential uses and a 60-acre park site. The proposed lifestyle center is envisioned to be a regional commercial destination that may include several housing opportunities. Chapter VI, Goal II, Objective A, Action 13: Review new. developments for appropriate opportunities to connect to local roads and collectors in adjacent developments. Records Road/Alleys Way is a planned collector roadway just north of this site. The proposed development will connect Records Road from Fairview Avenue to River Valley Street and stub PAGE9 Meridian Town Center AZ-07-012 & VAR-07-U17 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 records to the north property line to connect up to Ustick Road. The applicant is proposing to access existing local roads to the east, west and north. The following are Mixed Use development standazds that serve as general guidelines for development in Mixed Use areas that are applicable to the proposed development: Where feasible, multi-family residential uses will be encouraged, especially for protects with the potential to serve as employment destination centers and when the project is adjacent to State Highways 20-26, 55, or 69. The subject property is located adjacent to SHSS. The proposed development will serve as a major employment center in this area. Multi family dwellings are shown on the cancept plan on the eastern portion of this development and also centrally within the development, over shops {vertically integrated).By not restricting the number of allowed dwelling units, we have left open the possibility for additional housing units as can be supported by market demand. Where mixed use developments are phased, a conceptual site plan for the entire mixed use area is encouraged with the development application or, depending on the scope of the development, prior to a formal development application being submitted. The Applicant has submitted a conceptual development plan with the subject AZ application showing how the property may develop in the future. Although the project will not necessarily be constructed in true phases, the property will not be developed all at once either. The,first portion to be developed ~lRoad and south of the norrthernmost accte~ point hownttoeSHSS, generally the future Reco south of River Valley Street. In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space. The concept plan depicts off ce buildings on the northwest side of the site arranged around a large common area on the portion. of the site that is west of SH 55. On the portion of the site that is east of SHSS, buildings are situated so that they surround a large plaza area. The theatre/shops site along with another building planned for shops/office also appears to include a plaza. Where the project is developed adjacent to a low or medium density residential use, a transitional use is encouraged. Transitional uses are shown on the concept plan adjacent to low & medium density uses in the form of off ces and multi family residences. Higher intense uses (retail & restaurants) are proposed internally within the development and adjacent to the transportation corridors. A mixed use project shall include a principal use (retail, office, professional or residential) and at least one other type of land use. The proposed mixed use project consists of retail, professional office, residential uses, and a 60- acre public park. All mixed use projects shall be directly accessible to neighborhoods within the section by both vehicles and pedestrians. The concept plan shows vehicular/pedestrian connections from Venture Subdivision to the east and Packard Estates Subdivision via Chateau Drive from the west. There is existing unopened right-of--way into the future park site (northeast corner of the site). The applicant should be PAGE 10 Meridian Town Center AZ-07-012 &• VAR-07-017 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 required to provide access to the proposed public parkfrom Green Meadow arad Meadow Waod Streets. 9. ZONING ORDINANCE a. Allowed Uses in Commercial Districts: UDC Table 11-2B-21ists the permitted, accessory, and conditional uses in the C-G zoning district. Retail Stores, restaurants, financial institutions, fuel sales facility, personal & professional services, parks, and other uses, are listed as principal permitted uses i~n the C-G zone. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. c. Dimensional standards for the C-G zoning district, per UDC Table 11-2B-3: Front setback in feet 0 Rear setback in feet 0 Interior side setback in feet 0 Street landsca _ e buffer in feet local 10 Collector 20 Arterial 25 Lanclsca a buffer to residential uses jn feet "' 25 Maximum buildin het ht in feet 65 Maximum building size without design standard 200,000 a royal as set forth in 11-3A-1 g ins uare feet Parking requirements See Chapter 3 Article C OFF-STREET PARKING AND LOADING REQUIREMENTS Landsca in .re uirements See Cha ter 3 Article B LANDSCAPING REQUIREMENTS All setbacks shall be measured from the ultimate right-of-way for the street classificafion as shown on the adopted Transportation Plan. *`minimum setback only allowed with reuse of existing residential structure. ***Where the adjacent property is vacant, the Director shall determine the adjacent property designation based on the Com. rehensive Plan desi nation. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation AZ Application: Please see Exhibit D for detailed analysis of the UDC required facts and findings. The annexation legal description submitted with the application (prepared on August 20, 2007, by Michael Byrns, PLS) shows the property adjacent to the existing corporate boundary of the City of Meridian. Parcel Configuration: The subject 258.39 acre site consists of three tax parcels currently in Ada County, zoned RUT & R6 that have not been previously platted. The site currently consists of vacant undeveloped property. The Applicant is proposing to reconfigure the parcels to reflect the fixture ownership, as depicted in Exhibit A3. As noted previously, although there are only two tax parcels on the east side, the applicant has submitted documentation from Ada County Development Services that there are three legal properties associated with the eastern annexation area. Because the proposed DA provisions are set up to reflect this proposed parcel configuration, Meridian Town Center AZ-07-0'12 & VAR-07-017 PAGE 11 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 it is important that the applicant create these parcels prior to entering into the development agreement negotiations. Therefore, the applicant should prepare and record the necessary legal descriptions and quit claim deeds to accomplish the ownerships as depicted in Exhibit A.3 prior to approval of the annexation ordinance. Although the City will have no approval authority in this matter, we ask that the applicant allow the City to review the legal descriptions prior to recordation for compliance with the proposed DA provisions. Zoning Districts: The Applicant is requesting that the entire site be zoned C-G. The Comprehensive Plan Future Land Use Map designates this property as Mixed Use -Regional. The requested C-G zone is generally consistent with the land use designation for this property. Because transitional zoning is not requested with this application, Staff is including a Development Agreement provision that only park, office, and residential uses be allowed along the boundaries of the site that are adjacent to existing residential uses, as shown on the concept plan. Concept Plan: The applicant submitted a conceptual site plan for this site showing how the property is planned to develop in the future. The overall plan shows 2,607,925 square feet of building area, which consists of 1,355,775 squaze feet of retail (labeled as retail, anchors, shops, restaurants, & pads); 897,300 square feet of office; 354,.850 square feet of residential uses; and, a 60 acre City park site. UPDATE: On 9/27/07, the Applicant submitted a revised concept plan, dated 9/27/07 included as Exhibit A.6; Staff prepared a memo dated 10/10/07, included as Exhibit A.8 that describes the revisions. Staff is including a provision that allows a change of plus or minus 20% of the square footage of any individual retaiUoffice/commercial building or collection of buildings shown on the revised concept plan. Further, residential uses should be developed on the property at a minimum total square footage of that currently shown on the plan, not as a maaomam, subject to market demand. If the applicant chooses to remove the residential uses completely, they should get a modification to the DA. Any retail or office use as noted on the plan may include vertically integrated residential as part of the project without modifying the DA. Staff believes that the proposed mix of uses shown on the concept plan complies with the Comprehensive Plan-Future Land -Use Map designation of Mixed Use -Regional for this site. The plan (attached in Exhibit A.2) shows the property divided in three phases that generally reflect the ownership patterns. It is important to note that although the Applicant has included all of the property to be annexed on the concept plan, the portion of the property owned by Walter Kleiner that encompasses the area shown as DA #2 in Exhibit A.3 will be retained by Mr. Kleiner and maybe developed at a later time by a different developer. For this reason, the Applicant (CenterCal Properties, Inc.) is not able to provide anything more than a rough concept of how this portion of the property depicted as DA #2 in Exhibit A.3 may develop in the future. Because of this, Staff has provided minimal analysis on this side of the project. Included in the proposed DA for this site is a provision that requires a subsequent concept plan be approved by the City Council, prior to construction of any buildings on this side of Eagle Road. The area shown as Phase 1/Phase 2 on the concept plan, located on the east side of Eagle Road, consists of 87.97 acres and contains 1,318,825 squaze feet of building area consisting of anchors, shops, pads, office; and residential uses in 29 structures. The largest of these structures consists of 180,000 square feet. The buildings in the central portion of this area are situated so that they surround a large plaza azea. The azea where the theatre and shops aze proposed also includes a plaza. Staff supports the plaza areas shown on the concept plan as well as the drive aisles with parallel parking on each side of the aisle as these driveways link the shops together and should lend a unifying feel to this development. A total of 5,065 pazking spaces (standard, on-street, structured) are proposed for this portion of the site. A theatre is proposed within this area that is planned to be one of the first structures built. Residential units are proposed above some of the Meridian Town Center AZ-07-012 &VAR-07-017 PAGE 12 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 shops shown near the theatre location. Staff strongly supports the vertically integrated residential/commercia~l uses shown on the plan. The Applicant has stated that the azea shown as DA #3 in Exhibit A.3 (shown on the concept plan as part of Phase 1/Phase 2, excluding the four buildings north of the proposed right-in/right-out driveway to Eagle Road) is more of a detailed concept plan than the other areas shown as Phase 3 (east), Phase 3 (west), or the 60-acre pazk on the concept plan. The portion of the site shown as DA #3 is proposed to be developed first. As such, Staff has spent more time analyzing this portion of the annexation area and has provided rnore DA provisions for this azea. The area shown as Phase 3 (west) on the concept plan, located on the west side of Eagle Road, consists of 71.99 acres and contains 956,500 square feet of~building area consisting of office and retail uses in 22 structures. The lazgest of these structures is proposed for multi-tenant retail uses and consists of 200,.000 square feet broken into six retail stores ranging from 20,000 square feet to 60,000 square feet. Office uses are proposed along the west property boundary adjacent to the existing residences in Packard Estates Subdivision and along the north boundary adjacent to the school property. Staff supports the location of the office uses adjacent to existing residences as a transition to the more intense comtercial uses proposed to the south. However, Staff is not supportive of fully segregating the office uses from the retail uses on this site. Structures on the northern portion of the site are arranged around a central common azea for a courtyard effect. Staff strongly supports the design of this area, but recommends that some retail and/or residential land uses be added to the northern half of this site. Likewise, Staff recommends that some office and/or residential uses be added to the southern half of the proposed site (currently all the uses are shown as retail). Further, for addressing purposes, Staff recommends that anorth-south, either private or public street be constructed in this area. A total of 3,379 parking spaces aze proposed for this area. The Applicant has stated that the concept plan for this area is very conceptual in nature as it will be developed at a later date by most likely a different developer. The area shown as Phase 3 (east) on the concept plan, just west of Venture Street, consists of 20.16 acres and contains 332,600 square feet of building area consisting of office and residential uses in 10 structures. Residential and office uses are proposed along the east property boundary adjacent to existing residential uses in Venture Subdivision. Staff supports the location of the office and residential uses adjacent to existing residences as a transition to the more intense commercial uses proposed to the west. A total of 1,.178 parking spaces aze proposed for this area. This area is also very conceptual in nature as it will also most likely be developed at a later date by a different developer. This area is included in DA#2 with the area west of Eagle Road, and the 20 acres south of River Valley Street. A 60-acre park, shown at the northeast comer of the site, is proposed to be donated to the community by the ]alias M. Kleiner Mernorial Park Trust. The park will serve as a buffer between the commercial development and the adjacent existing residences in Redfeather Estates Subdivision and Clover Meadows Subdivision. A section of unopened right-of way exists that abuts the site at the east boundary of the park and the west boundary of Clover Meadows Subdivision where Green Meadow & Meadow Wood streets terminate. Either additional right- of-way should be provided for the construction of a street to link these two streets together or cal-de-sacs should be constructed on the site for turnarounds. In either case, the remaining portion of unused right-of--way, if any, should be vacated. A stub street (N. Tweedbrook Avenue) also exists at the north boundary of the park site from Redfeather Estates Subdvision. This street should be extended into this site and connected to another public street within the development or a cal-de-sac for a turnaround should be provided on the park site. The Applicant should work with the Parks Department on the design and dedication of the park. Staff is very Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 13 4 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 appreciative and supportive of the proposed park donation and believes that it will serve as a great amenity to this development and the community as a whole. Staff has reviewed the overall concept plan and offers the following comments: 1) Staff likes the location of the buildings proposed directly adjacent to the transportation corridors with parking to the rear and sides of the structures; Staff would like to see more structures built in these areas to screen the parking lots from adjacent streets. 2) Staff Pikes the design of the buildings around the large common azea shown at the northwest corner of the site, west of SH 55. Staff would like to see an amenity like this included in any future concept plan; 3) Staff likes the design of the shops around the plaza azea shown centrally on the east side of SH 55 and the plaza area in front of the Theatre and shops; the general configuration of the plaza areas and buildings should not change in these azeas. Amenities such as water features, benches, on-street parking, vertically integrated buildings, stamped concrete crosswalks, and a rnix of restaurants, retail:, office and residential uses should be provided as proposed (provided in DA #3); 4) Staff likes the design of the parking shown in front of the lazge multi-tenant retail building along the west boundary of the site, west of SH 55 (see example in Exhibit A.4); this parking concept should be incorporated into the site/parking design east of SH 55, between the stand alone pad sites along SH 55 and the lifestyle center wherever possible and where consistent with the design concept (provided in 17A #3); 5} Staff likes the vertically integrated residential uses proposed above the shops (provided in DA #3); 6) Staff likes that office and residential uses and a pazk are proposed adjacent to existing residences to the east, west, and north of the site to serve as a transition to more intense commercial uses; these uses shall not change along boundaries adjacent to residential uses (provided .in DA's #1, 2, and 3). Staff is including the items discussed in this section, as well as other provisions listed below, in the Development Agreements for this project. Parking Lot Layout: The concept plan depicts building pads and structures located directly adjacent to SH 55lEagle Road. Staff is in favor of the location of these pads/structures as they allow for buildings to be located close to the street with the majority of the pazking to be placed behind or at the sides of the structures, creating a better curb appeal for the site than an expanse of parking. Staff is in favor of the design of the parking area shown in front of the largest retail building along the west boundary of the site, west of SH 55 (see Exhibit A.4 for example). This concept should also be used for parking areas on the east side of SH 55 (see Exhibit A.8). If access points to SH 55 and Fairview Avenue aze approved, the Applicant should submit a plan showing pedestrian and primary access drives and parking within the site. Parking spaces cannot exceed 12 in a row without an internal planter island; the concept plan shall be revised to comply with this requirement. Staff is including Development Agreement provisions as discussed in this section. Site Design: This site is located in a highly visible intersection of the City. The importance of this location makes quality design essential. The Applicant has not submitted conceptual building elevations of what the structures on this site may look Like. The Applicant shall submit architectural standards for development of the subject property prior to the City Council hearing. An oral and visual presentation should be made by the Applicant at the Commission hearing. Staff believes there are benefits to designing the sites on the east and west PAGE 14 Meridian Town Center AZ-07-012 & VAR-07-017 5~ i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 sides of SH 55/Eagle Road with unifying concepts such as pedestrian/vehicular access, aesthetic elements, amenities, landscaping, etc. that would tie the two sites together. Because the west side of SH 55/Eagle Road will most likely be developed by a different developer, CenterCal is not able to dictate what standards would be applied to the site design of that parcel. The City, however, would like to see certain landscaping, site design, and architectural standards applied to the parcel on the west side of Eagle Road when it develops through the Development Agreement for that site as follows: the quantity, species of trees, and design of landscaping should generally match/mirror each other; buildings should be constructed adjacent to SH 55/Eagle Road so that a majority of the parking is located to the sides and rear of structures in compliance with entryway corridor design standards. To ensure a minimum design standard, Staff is including a Development Agreement provision in DA #2 for all buildings within the development and site improvements to be subject to administrative design review as defined in UDC 11-3A-19. If the location of future buildings is not generally consistent with the submitted concept plan, as determined by the Planning Director, the Applicant shall be required to get City Council approval for a Development Agreement Modification. (Note the internal buildings shall not be.subject to the 8 foot wide pedestrian pathway requirement to the adjacent sidewalk.) Access: Unified Development Code I1-3H-3B prohibits direct access to state highways except at the section line roads and the half mile mark between section line roads. A major aspect of the concept plan is the proposed vehicular access to/from the site and internal drive aisles and parking. The conceptual development plan submitted by the applicant shows 4 right-in/right-out access points, two on each side of State Highway (SH) 55/Eagle Road, and 2 right-in/right- outlleft-in access points, one on each side of SH 55/Eagle Road located approximately '/a of a mile north of Fairview Avenue. The applicant is also proposing to construct/re-construct a full access, signalized intersection on SH 55 located approximately 'h mile north of Fairview Avenue (River Valley Street). A variance is requested for approval of these proposed access points to SH 55. On the portion of the site that is west of Eagle Road, the plan shows lfull-access point to Eagle Road where River Valley Street currently exists (this will be a signalized intersection), Zright- in/right-out access points to/from Eagle Road, lright-in/right-outlleft-in access from Eagle Road, 2 access points to/from Fairview Avenue, 2 driveway connections to the private street along the north boundary, and 1 driveway connection to River Valley Street to the north. On the portion of the site that is east of Eagle Road, the plan shows lfull-access point to Eagle Road where River Valley Street wil•1 be extended (this will be a signalized intersection), 2 right- in/right-out access points to/from Eagle Road, 1 right in/right-outlleft=in access from Eagle Road, 3 access points to/from Fairview Avenue, and 1 signalized, full-access point (Records Road) to Fairview. Records Road is .proposed to be constructed from Fairview Avenue through the site to River Valley Street at the north property boundary. River Valley is then shown as connecting to Eagle Road, as a signalized intersection. The Applicant should provide access to the properties to the north from E. River Valley Street. The location of River Valley Street shall not create a "spite strip" between this property and the properties to the north. Two driveway connections are proposed at the east boundary of the site to Venture Street for interconnectivitywIth the adjacent residential subdivision. In addition to Records Road, two driveway connections are proposed at the north boundary of the site to the proposed River Valley Street. Five driveway connections are conceptually shown to Records Road on both the west (commercial) side and east (park) side. Several internal drive aisles are proposed for access within the site. Due to the fact that this is only an Annexation application, ACRD has not submitted formal Meridian Town Center AZ-07-012 & VAR-07-OI7 PAGE 15 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 conditions of approval. However, due to the size of this project ACHD did submit comments on this application that are included in Exhibit B of this report. City Staff has been in contact with TI'D and COMPASS Staff and is working with the Applicant's traffic engineer on a scope for a traffic study. Neither ITD nor COMPASS has submitted formal comments to the City on the subject project. Staff is recommending denial of the proposed access points to Eagle Road. Further, because ACRD and ITD are the road authorities for the existing and proposed public streets and highways, the Applicant must obtain approval from both agencies regarding approval of access points to Eagle Road, E. River Valley Street, Venture Street, and Fairview Avenue. Staff does not support the two driveway connections shown near the northwest comer of the site, west of Eagle Road. There is an existing public street, Chateau Drive that connects to River Valley Street through the elementary school site. Staff believes that driveway connections to/from this site should only be allowed to public streets, not private property. Staff recommends that the applicant work with the School District on making the existing private access between Chateau Drive and River Valley Street,. a public street connection. NOTE: Staff has not received any comments from Valley Regional Transit (VRT) but .believes there is a great opportunity to plan for bus service within or alongside this development. Staff is recommending that the Applicant contact VRT prior to the City Council meeting to see if there is .any opportunity for bus shelters, bus stops, bus pull-outs, or park and ride areas in this area. A stub street (N. Tweedbrook Avenue) exists at the north boundary of the park site from Redfeather Estates Subdivision. This street should be extended into this site and connected to another public street within the development or a cul-de-sac for a turnaround should be provided on the park site. The Applicant should work with the Parks Department on the design and dedication of the park. Staff is very appreciative and supportive of the proposed park donation and believes that it will serve as a great amenity to this development and the community as a whole. Staff does not generally support the configuration of the parking spaces shown in front of buildings that are adjacent to major access driveways. Staff is concerned about traffic flows and safety if vehicles are-allowed to back out into oncoming traffic. Staff has included a DA provision that requires the Applicant to demonstrate that there are safe and efficient drive aisles that do not encourage speeding and cut through traffic (provided in DA #3). Across-access agreement should be required that benefits all businesses within this development. Staff is including Development Agreement provisions as discussed in this section. STAR Legislation: Currently, the Applicant is in negotiations with the Idaho Transportation Department (ITD) to construct capacity improvements on Eagle Road in accordance with the STAR (State Tax Anticipation Revenue) legislation. The STAR legislation went into effect on July 1, 2007 and is a law that provides a new method of financing transportation infrastructure projects on state highways. The law provides a mechanism by which developers of retail commercial complexes provide upfront funds for certain transportation irrfi~astructure improvements and can recoup a portion of the cost from sales and use tax revenue generated by the commercial retail complex. The developer must expend a nunimum of $8 million in transportation improvements to qualify for reimbursement under the STAR law. The maximum reimbursable amount of a given project is $35 million. The developer's retail commercial cornplex must cost a minimum of $4 million. If ITD does not approve of the Applicant's proposal and the Applicant is not able to complete the improvements as proposed, the timeline and construction of the project may be affected. Staff has not required the applicant use the STAR legislation, but is supportive of the applicant pursuing the improvements to Eagle Road. Any and all sections of Eagle Road that are improved by the Applicant should be done in Meridian Town Center AZ-07-012 & VAR-07-1117 PAGE 16 i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 accordance with the Eagle Road Arterial Study. These improvements include, but are not limited to: capacity improvements, drainage facilities, landscaping, medians, and pedestrian-level lighting. If the applicant is not able to make use of the STAR legislation for all the proposed improvements, at a minimum, they should be held responsible for those improvements along the frontage of the properties .noted in this annexation request. NOTE: Staff believes that the timing of access and collector road improvements is important in the orderly development of this property. Staff supports the applicant's efforts to include Records Road and River Valley Street is the STAR legislation project. In the event that Records Road and River Valley Street are not constructed under the STAR legislation provisions, staff has added appropriate provisions in the DA agreement for both The Walter ICleiner property (DA #2) and the CenterCal property (DA #3). Staff concern is that both roadways are on the Walter Kleiner property, while the initial development is on the CenterCal property. Landscaping: Although the design of this project is only conceptual, Staffbelieves there are some landscape elements that should be discussed at this early stage. The following landscaping elements should be included in the concept plan for this site and included as Development Agreement provisions. • UDC 11-2B-3 requires a 35-foot wide landscape buffer be constructed along SH 55/Eagle Road and E. Fairview Avenue, both entryway corridors, in accordance with the standards in UDC 11-3B-7. The buffer shall be located within a common lot or a permanent easement maintained by the property owner or business owners' association. • UDC 11-2B-3 requires a 20-foot wide landscape buffer be constructed along both sides of Records Road, a collector roadway, in accordance with the standards in UDC 11-3B-7. The buffer shall be located within a common lot or a permanent easement maintained by the property owner or business owners' association. + UDC 11-2B-3 requires a 10-foot wide landscape buffer be constructed along the west side of Venture Street (and any other local commercial street) in accordance with the standards in UDC 11-3B=7. The buffer shall be located within a common lot or a permanent easement maintained by the property owner or business owners' association. • UDC 11-2B-3 requires a 10-foot wide landscape buffer be constructed along E. Chateau Drive in accordance with the standards in UDC 11-3B-7. The buffer shall be located within a common lot or a permanent easement maintained by the property owner or business owners' association. • UDC 11-ZB-3 requires a 20-foot wide buffer to be constructed along the south side of E. River Valley Street (north side to be constructed by the adjacent property owner) in accordance with the standards in UDC 11-3B-7. The buffer shall be located within a common lot or a permanent easement maintained by the property owner or business owners' association. • A buffer shall be constructed adjacent to all driveways within the site that are required to be constructed as public/private streets in accordance with the standards listed in UDC 11-3B-7. The width of the buffer shall be determined by the street classification in accordance with UDC 11-2B-3. The buffer shall be located within a common lot or a permanent easement maintained by the property owner or business owners' association. • UDC 11-2B-3 requires a 25-foot wide landscape buffer between residential uses and properties zoned C-G. This buffer should be designed and constructed in accordance with UDC 11-3B-9. Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 17 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 • UDC 11-3H-4C.3 requires aten-foot (10') multiuse pathway to be constructed within a public use easement and pedestrian-level streetlights and landscaping consistent with the Eagle Road Corridor Study to be installed along SH 55/Eagle Road. • The applicant should comply with any other landscaping standards described in the UDC, including but not limited to UDC 11-3B-8 which outlines the standards for parking lot landscaping. Design Standards: Because this site is located on a highly visible transportation corridor, Staff is requesting as a provision in the DA that all structures within the development be subject to the design standards listed in UDC 11-3A-19C as follows: Architectural Character: a. Facades: Facades visible from a public street shall incorporate modulations in the facade, roof line recesses and projections along a minimum of twenty percent (20%) of the length of the facade. b. Primary public entrance(s): The primary building entrance(s) shall be clearly defined by the architectural design of the building. Windows, awnings, or azcades shall total a minimum of thirty percent (30%) of the facade length facing a public street. c. Roof lines: Roof design shall demonstrate two or more of the following: a) overhanging eaves, b) sloped roofs; c) two (2) or more roof planes; d) varying parapet heights; and e) cornices. d. Pattern variations: At least two (2) changes in one (1) or a combination of the following shall be incorporated into the building design: color, texture and/ materials. e. Mechanical equipment: All ground-level and rooftop mechanical equipment shall be screened to the height of the unit as viewed from the property line. 2. Color and materials: Exterior building walls shall demonstrate the appearance of high- quality materials of stone, brick, wood or other native materials. Acceptable materials include tinted or textured masonry-block, textured azchitectural coated concrete panels, tinted or textured masonry block, or stucco or stucco-like synthetic materials. Smooth-faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials. 3. Parking Lots: No more than seventy percent (70%) of the off-street parking azea for the structure shall be located between the front facade of the structure and abutting streets, unless the principal building(s) and/or parking is/aze screened from view by other structures, landscaping and/or berms. 4. Pedestrian walkways: a. A continuous internal pedestrian walkway that i~s a minimum of eight feet (8') in width shall be provided from the perimeter sidewalk to the main building entrance. The walkway width shall be rnaintained clear of any outdoor sale displays, vending machines, or ternporary structures. (Note: The internal buildings shall not be subject to this requirement.) b. The internal pedestrian wallcway shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. c. Walkways at least eight feet (8') in width, shall be provided for any aisle length that is greater than one-hundred fifty (150) parking spaces or two hundred feet (200') away from the main building entrance. Meridian Town Center AZ-07-012 & VAR-07=017 PAGE 18 n ~ . CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 d. The walkways shall have weather protection (including but not limited to an awning or arcade) within twenty feet (20') of all customer entrances. NOTE: City Staff is currently working on new design standards. If additional design standards are adopted at the time of building permit submittal, the Applicant should comply with those adopted standards. The Applicant may submit design guidelines to be included in their DA or in a modified DA. Any sach design guidelines included in an approved DA would guide the development of this area. Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC) permit is to ensure that all construction, alterations and/or the establishment of a new use complies with all of the provisions of the UDC before any work on the structure is started and/or the use is established (UDC 11-5$-lA). To ensure that all of the provisions in the development agreement (see below) aze complied with, the City requires that the applicant obtain CZC approval from the Planning Department prior to site development; all site and landscaping improvements must be installed prior to occupancy. Development Agreement: Development Agreements (DAs) will be required as part of the annexation of this property. Because there are separate proposed properties and different proposed property owners involved in this development, Staff is requesting that three separate DA's be prepazed. As discussed under the "Parcel Configuration" section, staff recommends that the applicant create parcels to reflect the proposed DA boundaries for each ownership prior to approving the annexation ordinance. Each owner shall enter into an agreement with the City of Meridian. The applicant shall contact the City Attorney, Bill Nary, at 888-4433, within 12 months of City Council approval to initiate this process. All of the DA's and annexation ordinances need not be on the same City Council agenda. Development Agreements: Please see Exhibit A.3 for a map detailing the boundaries of land that will be incorporated into each DA. Specific Provisions for Development Agreement No. l (Park): Agricultural nse,_includingyproduction of crops shall continue to be allowed after annexation as an urban farm use. which is a nrinciaal nerrmtted use under UDC 11- 43-28 and 11-2B-2. Development of this area shall be for a. City Park. The Applicant shall coordinate the design and improvements of this site with the Parks Department and the Parks Commission. The subject park site shall contain approximately 60 acres. The pazk site shall be subject to review and approval by the City Council on a noticed agenda and notices shall be sent to all property owners within 300 feet of the property boundaries. The public stub street (Tweedbrook Avenue) in Redfeather Estates Subdivision at the north property boundary shall be extended into this site and connect to a public street or a public cul-de-sac shall be constructed on the site for a turnaround. At no time shall construction traffic associated with the development of this site be allowed to access this site through Tweedbrook Avenue in Redfeather Estates Subdivision. • A section of unopened right-of-way exists that abuts the site at the east boundary of the park and the west boundary of Clover Meadows Subdivision where Green Meadow & Meadow Wood streets terminate. Either additional right-of--way shall be provided for the construction of a street to link these two streets together or cul-de-sacs shall be constructed on the site for turnarounds. In either case, the remaining portion of unused right-of--way, if Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 19 M • • CI`T'Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 any, shall be vacated. • The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit, prior to all new construction, or establishing the park site on the subject property. • Construct a 20-foot wide landscape buffer along Records Road in accordance with the standards in UDC 11-3B-7. • The applicant shall comply with all landscaping standards described in UDC 11-3B, including but not limited taUDC 11-3B-8 which outlines the standards for pazking lot landscaping. Existing trees on this site shall be retained or mitigation shall be provided in accordance with UDC 11-3B-10. The applicant shall work with the Parks and Recreation Department regarding the removal or replacement of any trees on this site. • A park is proposed adjacent to existing residences to the east and north of the site to serve as a transition to more intense commercial uses;. this use shal•1 not change along the boundaries adjacent to residential uses. • There shall be a 26-foot height limit for any structure within 100 feet of the property line of an existing residence at time of annexation. • The following provisions that wi°11 guide staff in administering the concept plan over time. This references the long term implementation of the concept plans and guides the Director in how to determine consistency. If the proposed location of buildings or uses is not generally consistent with the approved concept plan, as determined by the Planning Director, the Applicant shall be required to get City Counci•1 approval of a Development Agreement Modification for a new concept plan. \ o In determining consistency, the Planning Director may allow a plus or minus 20% change in square footage for any building, or collection of buildings, as depicted on the concept plan. o Relocation of buildings shall be allowed provided that the impact to adjoining properties remains the same or is less than that depicted on the concept plan and provided that the integrity of the concept plan remains unchanged. (For example, for buildings that are placed to form a central plaza, those buildings may be relocated if the plaza amenity is substantially equal to or better in size and character than originally depicted.) o Changes in uses as depicted on the concept plan will not be allowed on structures immediately adjacent to existing residences at the time of annexation without the Planning Director's determination that the proposed use will be less of an impact on adjacent residences. Changes in uses elsewhere maybe allowed if the general innpact is the same or less than that proposed. The Director will seek advice from ACRD regarding traffic impacts associated with any proposed change in use. Specific Provisions for Development Agreement No. 2 (Ifleiner Ownership): Background. The Applicant has shown a concept plan with 3 parcels to be retained by the Walter Kleiner family ("Owner") following the closing of the transactions with Center Cal Properties and The Julius M. Kleiner Memorial Park Trvst: 1. Approximately 37 acres east of Eagle Road and north of the proposed CenterCal Properties lifestyle center (the "North Parcel"); 2. Approximately 20 acres north of Fairview Avenue, east of the proposed lifestyle center and Records Avenue, and south of the proposed park (the "East Parcel"); and Meridian Town Center AZ-07-012 & VAR-07-O17 PAGE 20 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JAMJARY 8, 2008 3. Approximately 72 acres north of Fairview Avenue and west of Eagle Road (the "West Parcel") The concept plan for these three parcels is prelinu~nary in nature and is lilcely to change given that development may not occur for 5 to 10 years or even longer. Owner intends to select a quality developer(s) for these three parcels. The proposed development agreement terms are designed to allow the development of these 3 parcels to respond to future market conditions while assuring that the future development is limited to appropriate uses and executed according to quality standards suitable to this location. Definition. All references to "Owner" herein include a purchaser or other transferee of the Owner's interest i~n part or all of the Owner's land (North Parcel, East Parcel., and West Parcel), unless the terms or the context of the agreement suggests otherwise. • Urban Farm Agricultural nse inclu 'nom production of crops cha I co time to be allowed after annexation as an urban farm ace which 'c a nrlncipal permitted use under L1DC 11-4-3-28 and 11-2B-2. • ACRD a~~val The aR>D~1~1 ' is required to comply with ACRD and ITD conditions ~ ~ s Further th~CAt~13'lll the site it ildi h '•^~^ ^r ~qr to recei~ . . nu Herm on ~~~ ~~ not sign off on any occllnancv c ards without first recP~~ro ACHD's signature and compliance etc 1 " 21 ~~No deta'ls related to AeeP•c to the site are anpr~ved with the ~jeCt A'L gpp]iCafinn The nrnnOCed access lOCatiOIIS on tl.p mainr artenalc should b_e a~roved b~, ~!'t~m 9....i rrti a..d ~•..not.be evaluated until a traffic imnac st~~dv hRc been completed. Records Road and River Valley Road (east of Eagle Road) Dedications. Prior to any other land use approvals on the subject property, Owner shall dedicate the right-of--way to extend Records Road from Fairview Avenue north to River Valley Road and to extend River Valley-Road from Eagle Road east to_Records Road as an ACHD_public street. Owner shall make such dedication within the time required for CenterCal to construct the roadway and related improvements. If right of way is not dedicated directly adiacent to the L ____ .~__. ra._ •a., ecc shall he nr_nvid_ed to the DrODer'fV northern progPrry oul!^.uary l!, PLC c.~c ~;r vsa-a~a. -- --- - -- -- -- to the north so th~* '~ enita cMn is not nrPated. Construction of River Valley Street and Records Road shall take place with the initial abase of the nroiect. • Zoning district and use limitations. The North Parcel, East~Parcel, and West Parcel shall be zoned C-G, general retail and service commercial. o Owner is entitled to develop the following uses on the North Parcel, the East Parcel, and the West Parcel, subject to the conditions of this agreement. Total retail gross floor area, shall be limited to 1,293,700 gross square feet. The uses noted in Exhibit E are allowed as retail uses as provided in UDC 11-2B-2, as defined in 11-1A-1, and subject to any conditions or requirements provided by the special use standards in 11-4-3-1 through 11-4-3-43. Total office gross floor area, shall be limited tv 700.,000 gross square feet. The uses noted in Exhibit E are allowed as office uses as provided in UDC 11-2B-2, as defined in 11-1A-1, and subject to any conditions or requirements provided by the special use standards in I 1-4-3-1 through 11-4-3-43. Meridian Town Center AZ-07-Od2 & VAR-07-017 PAGE 21 y • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF IANUARY 8, 2008 o Uses otherwise allowed in the C-G zone but prohibited by the agreement maybe allowed subject to Council review, approval and modification of agreement. o As noted in the Comprehensive Plan, multi-family is appropriate in the Mixed Use Regional designation. Therefore, multi-family development would be appropriate within this DA boundary. (Multi-family is allowed as a conditional use in the C-G zoning.) If Owner desires to do residential development other than multi-family, Owner may request a rezone to a residential designation at a later date. o Residential units maybe constructed over retail or office buildings/floors (subject to the vertically integrated residential standards of the UDC), in addition to the allowed retail or office square footages, provided the building location does not violate the residential buffer rules provided herein. Exchanee of Square Footage between Retail and Commercial and Vice-versa Owner may elect to increase the total allowed office square footage and reduce the total allowed retail square footage in a 2:1 ratio. For example, Applicant may increase allowed office uses by 200,000 square feet and reduce allowed retail uses by 100,000 square feet. Owner may elect to increase the total allowed retail square footage and reduce the total allowed office square footage in a 1:2 ratio. For example, Applicant may increase allowed retail uses by 100,000 square feet and reduce allowed office uses by 200,000 square feet. • Division of west parcel. The subject property shall be eligible for the short plat process. • Certificate of zoning compliance Owner may apply for a certificate of zoning compliance for development of the North Parcel, East Parcel, West Parcel, or any legally divided portion of such parcels, or for a building or use. The application for the first CZC for the applicable parcel or lot shall include a detailed site plan, a copy of the latest allocation plan, and supporting documentation, as necessary, with sufficient detail to enable the Director to verify that the applicable tenors of this agreement are satisfied. The Director shall not withhold a CZC provided that Owner presents a valid allocation plan and a detailed site plan that does not exceed the office/retail square footages provided for such parceUlot on the allocation plan (see below, Allocation of retail and office square footage), and provided the detailed site plan complies with the applicable terms of this agreement and all UDC provisions as to matters not otherwise specified by this agreerent. Detailed site plan layout. Owner is not required to develop the North Parcel, East Parcel, West Parcel, or legally divided portion of such parcels according to the initial concept plan as submitted with the request for annexation; and shall be entitled to develop each legal parcel or lot according to a detailed site plan provided by Owner including drive aisle locations, walkways or pathways, building locations, building sizes, building uses allowed by this agreement, parking lot design, and landscaping design, as designated by Owner subject to the conditions of this agreement. The Director shall approve the detailed site plan provided the site plan complies with the applicable terms of this agreement and all UDC provisions as to matters not otherwise specified by this agreement. Owner shall supply a copy of the detailed site plan, as necessary, to any potential buyer or lessee seeking CZC approval. • Allocation of retai•1 and office square footage Concurrent with the DA approval, Owner shall provide the Director an initial allocation plan showing Owner's allocation of the Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 22 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 allowed retail and office square footages to the North Parcel, East Parcel, West Parcel, and/or to any legally divided portion thereof. The initial allocation plan or a revised allocation plan shall lie valid provided the sum of the retail and office square footages allocated to all such parcels or lots does not exceed the retail and office square footages originally allowed to Owner by this agreement. Owner, with the consent of any transferee or subsequent transferee of a parcel or lot who is affected thereby, may provide the Director a revised ai~location plan that changes the allocation of retail and/or office square footages shown on the initial allocation plan. o If a revised allocation plan reduces the a retail or office squaze footage allocated to a parcel or lot for which a CZC had already been approved, then the Owner or transferee shall be required to apply for and obtain approval of a new CZC prior to proceeding with development of such parcel or lot. • Where and/or when an applicant has an approved detailedi site plan, the Director inay allow up to a 20% increase in square footage for any building, or collection or buildings shown on the approved detailed site plan, without requiring a revised allocation plan for such increased use. This only applies where applicant has provided an approved detailed site plan; and may not be used to increase the overall squaze footage of the allocation plan. • Buffers to residential use In applying these buffer rules, a residential lot line shall be those designated on Exhibit F. o Owner shall provide a 25' wide landscape buffer, as required by UDC 11-3B-9 and l 1- 2B-3, along the contiguous lot line joining the west boundary of the West Parcel and the residential lot line of the Packard Estates Subdivision. o Owner shall construct a 20' wide landscape buffer along the west side of Venture Street beginning at a point that is due west of the west boundary of the Venture Subdivision .that is zoned residential and that lies closest to Fairview Avenue, and, except for access streets or drives from Venture Street to the East Parcel, shall continue to the north boundary of the East Parcel. This buffer includes the 10 foot wide street landscape buffer required by UDC 11-3B-7 and 11-2B-3, plus an additional 10' buffer width, with fencing on the west edge of such buffer, and a sidewalk or pathway allowing access to the Kleiner Memorial Pazk. o Development within 100 feet of the Packard Estates Subdivision residential lot line shall be subject to the 23' landscape buffer and shall be further limited as follows. Retail building or pazking shall be prohibited within 100 feet of said lot line unless Owner obtains conditional use approval. Office and residential development shall be allowed, provided that residential development shall be subject to conditional use approval. A perimeter drive aisle connected with retail or other uses, an approved public or private road, curb, sidewalk, and/or buffer or perimeter landscaping may also be placed in and count toward said 100 foot setback to retail use. No part of a private or public road, including any sidewalk, shall be placed less than 60 feet from the residential lot line of such subdivision, unless Owner obtains conditional use approval. o No building over 26 feet in height shall be placed within 100 feet of the Packard Estates Subdivision residential lot line contiguous with the West Pazcel. Meridian Town Center AZ-07-0'12 & VAR-07-017 PAGE 23 • CITY OF MERIDIAN PLATY SING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 • Off-street pazkine Owner shall provide a minimum of one (1) pazking space for every five hundred (500) square feet of gross floor azea of nonresidential uses, as provided by 11-3C- 6.B. Required minimum residential parking ratios shall also be determined as provided by UDC 11-3C-6. o Upon review of the detailed site plan subnutted with application for certificate of zoning compliance, Director may request additional evidence from applicant regarding parking coverage and may, subject to the standards of 11-3C-6.B and ifnot satisfied, subject to Council review, require revision of the site plan to provide additional pazking spaces for nonresidential uses, with a requured ratio not to exceed four (4) per 1 „000 square feet retail gross floor area, ,and three (3) per 1,000 square feet offree gross floor area,. Owner shall prepare the.revised site plan, as provided above, which shall comply with the increased pazking ratios as determined herein. o The minimum parking stall width and depth and drive aisle width, and other design requirements, shall be as provided in UDC 11-3-C-5, or in the alternative provided by 11-3C-7. The wheel restraint specified in UDC 11-3C-S.B.3 shall not be required for internal parking spaces not adjoining a property boundary, landscape islands, sidewalk or pathway, building, or any similar development feature. • Parking lotlot landscaping Owner shall provide minimum parking lot perimeter landscaping and internal landscaping as required by UDC 11-3B-8, 11-3B-5 and 11-3B-6. Landscaping shall be installed prior to occupancy for the applicable parcel or legally divided portion thereof, as required by UDC 11-38-14, subject to any extension provided under 11-3B- 14.C. • Buildin size Placement of any building with over 200,000 square feet in retail gross floor area shall require Council approval of a Development Agreement Modification. • Building hei t limit No building shall exceed a height limit of 65 feet, as provided and defined by UDC 11-2B-3, except for additional height allowed according to the terms of 11-2B-3 Note 3., but shall increase in the event the UDC is amended to allow a greater building height in the C-G zone. • Eagle Road improvements To the extent not constructed by CenterCal, Owner shall construct improvements, as specified in the Eagle Road Arterial Study, along the west boundary of the North Parcel, prior to occupancy on such parcel; and along the east boundary of the West Parcel, prior to occupancy on such parcel. Owner shall not be responsible for road capacity improvements or road medians, but shall be responsible for the 10' multi-use pathway, landscaping, and pedestrian-level lighting. Street landscaping shall also be provided prior to occupancy of the applicable parcel, either the North Parcel or West Parcel, and shall be provided according to the specifications detailed below. • Street landscaping and setbacks Owner shall install street landscaping along any side of the road that is contiguous with Owner's property and with minimum widths as specified in the UDC, with exception of private roads; street landscaping shall not be required. • Open space and amenities Open space and amenities aze required for residential uses only, as provided by UDC 11-3G-1 through 11-3G-3, and shall not be required for nonresidential uses, except as otherwise provided herein. Owner may provide open space in exchange for additional height as allowed by Section 11-2B-3A3. Meridian Town Center AZ-07-0.12 & VAR-07-017 PAGE 24 y - ~ i CITY OF MERIDIAN PLANIVI•NG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 Pathways and walkways. Bike paths shall be provided if required by the terms of UDC 11- 3A-4 and/or if mandated by the applicable city code (UDC) and/or road agency, either ITD or ACRD, along Eagle, Fairview, Records, and River Valley Roads. Sidewalks, walkways or pathways shall be provided if required by the terms of the UDC and/or if mandated by the applicable city code (iJDC) and/or road agency, either TTD or ACRD, along public or private roads. venue to iv r VaLlev Road in addition to th e 10' multi use uathwav along 1:aQie Road on the west arcel Owner shall not be r e uired to construct a cnnth nathwayfor the West Parcel Tic seco nd nathwav_s ti-use Aathw~y rean:rP~ 1.., the Pnthwavs Plan and s hall be ~enerallv situated in the western one half of the West parcel, from th aPnoral v icinity of the 1/R mile line west of Eagle u,...a •.~. n,... 1LVAl_ AlLL aLL,.rance made for the mal locati he 1/R mil .access on Fairview on of t --____-- .- ~'-- ---__a L__---.~_.»..-a .......d.l.. 1/....; Is ~ .,... Ti ~dln T?nod Tha nathwaV maV in connection with th~road The nathNav may be constructed as a detached 5' cid walk with 5' landcca~g s~[il'n or as a 10' multi-use n way • Site internal drive aisles. o North Parcel: The extension of Records Road shall be deemed to satisfy the requirements of UDC 11-3H-4.B.3. In addition to providing Records Road right-of- way, Owner shall provide a minimum of two private or public north/south road or drive aisles (drive # 1) connecting the north boundary of the CenterCal development to River Valley Road. Owner shall connect to the CenterCal development at a minimum of two locations and shall extend such connections to two separate access points at River Valley Road. Owner shall sign a cross access agreement with CenterCal Properties and shall submit a copy to City Staff prior to development of the North Parcel. Owner shall sign a cross access agreement with Bach Homes allowing Bach access to River Valley Road. o East. Parcel: Owner shall provide a minimum of one private or public road or drive aisle connecting Venture Street with Records Road. o West Parcel: River Valley Road (on the west side of Eagle Road), currently enters the property and then turns north. Chateau Drive also enters the property and then turns north. The school district has private drive lanes that connect to River Valley Road and to Chateau Drive. The Owner shall be required to work with the City ,ACRD and the School District to develop a vehicular and pedestrian circulation plan (public and/or private roads) that not only allows for connectivity of the residential neighborhood to the school and successful development of the West Parcel, but that discourages cut through traffic from Eagle Road. The City anticipates that development this property will rely heavily on the extension of connection to River Valley Road. The City strongly supports this connection in concept (as consistent with UDC 11-3H-4.B) but realizes that the details will need to be worked out when there is a detailed site plan to evaluate. Any approval shall involve a public hearing with notice to surrounding properties. The public hearing shall discuss the manner of the connection/extension, not whether such connection/extension of River Valley is appropriate. Such access is a Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 25 • CITY OF MERIDIAN PLANNING DEPAR'T'MENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 given, subject to any ACRD requirements for additional right-of--way and/or widening of River Valley Road. The City shall accept a private road that generally runs north/south that connects Fairview Avenue and River Valley Road, including any approved extension of such road, as meeting the requirement of UDC 11-3H-4.B.3. This does not preclude the Owner from requesting a public road to satisfy UDC 11-3H- 4.B.3 in this area. Additional site and building design standards. Additional site and building design standards shall be formulated and agreed to by the parties, preferably prior to annexation and zoning, but no later than Owner's closing with CenterCal Properties. Owner, a transferee, or subsequent transferee, of any portion of Owner's property, may elect to the follow Code site design review standards of UDC 11-3A-19 or successor provisions in effect when a certificate of zoning compliance is applied for in lieu of the additional design standards agreed to herein. Future Applications. All future approval requests (including but not limited to preliminary plats, short plats, final plats, certificates of zoning compliance, rezones, property boundary adjustments, alternative compliance, conditional use permits, and/or variances), on North Parcel, East Parcel, and West Parcel shall be evaluated consistent with the terms and intent expressed in this Development Agreement and/or as modified. Where this Development Agreement has expressed specific standards related to use limitation, allocation of retail and office gross floor area, buffers to residential use, off-street parking, parking lot landscaping, building size, building height linvt, Eagle Road improvements, Street landscaping and setbacks, open space and amenities, and pathways and walkways such standards shall apply as stated and shall not be subject to future UDC amendments unless specifically stated within the DA. Specific Provisions for Development Agreement No. 3 (CenterCal Ownership): • All structures on the site shall be subject to Administrative Design. Review in accordance with the standards listed in UDC 11-3A-19C. (Note: Phe internal buildings shall not be subject to the 8 foot wide pedestrian pathway requirement from the perimeter sidewalk to the main building entrance.) • Residential uses shall be developed on the property at a minimum square footage of what is currently shown on the concept plan (209,250). Such uses may be moved to a different location as depicted on the conceptual site plan and may be modified to meet actual market demand at the time of development. If the Applicant chooses to remove all of the residential from the project, they will need to obtain approval from City Council for a modified DA. Because the City believes that this project could support more vertically integrated residential, additional vertically integrated housing shall be allowed without triggering the need for a DA modification. • The general configuration of the shops around the plaza areas shown centrally on the east side of SH 55 shall not substantially change. Amenities such as water features, benches, on- street pazking, vertically integrated buildings, stamped concrete crosswalks, and a mix of restaurants, retail, office and residential uses should be provided as proposed. Across-access agreement shall be required that benefits all businesses within this site and the property bounded by the property line to the north and by Records Road to the east. A recorded copy of said agreement shall be submitted to the Planning Department prior to or concurrently with the first Certificate of Zoning Compliance application for this site. Meridian Town Center AZ-07-012 8c VAR-o7-017 PAGE 26 r . • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 The a~licant is required to comply with ACHD and ITD conditions prior to receiving approval for anv buildin~Q Hermit on the site )F~rther the City will not Bien off on anv occupancy cards without first receiving ACHD's sienature and sien-off. All applications on this site are subiect to AC1fiD's Hroiect specific comments. regardless of the tvHe of aHHlication (i.e. conditional use Hermit. certificate of zonine compliance etc " 21 "No details related to access to the site are approved with the subject AZ application. The proposed access locations on the maior arterials should be approved by ACRD and ITD and cannot be evaluated until a traffic im act study has been completed. • Rieh~__ t-of Way shall be dedicated for the extension of Records Road (and E. River Valley Street if CenterCal's ownership expands to the North Parcel of DAfi2): Construction of Records Road (and E. River Valley Street if applicable) shall take Hlace with the initial phase of the Hroiect. • Structures and parking areas shall comply with the entryway corridor design standards, per UDC 11-3A-19C. • UDC 11-3H-4C.3 requires step-foot (10') multiuse pathway to be constructed within a public use easement and pedestrian-level streetlights and landscaping consistent with the Eagle Road Comdor Study to be installed along SH 55/Eagle Road. • The internal circulation system for the development shall included one or more north/south connections from Fairview Avenue to generally the northern boundary of the CenterCal property. These can be a public or private roads. The road should provide a safe pedestrian route (5-foot wide sidewalk). The road should also safely move traffic throughout the site and discourage speeding through the parking areas. The internal circulation system maybe phased as appropriate to provide adequate access and circulation for the structures being constructed. • Staff is very much in favor of the proposed parking shown in front of the large multi-tenant retail buildings along the west boundary of the site, west of SH SS (see example in Exhibit A.4); this parking concept shall be incorporated into the sitefparking design east of SH 55, between the stand alone pad sites along SH 55 and the lifestyle center wherever possible and where consistent with the design concept. • Prior to Certificate of Zoning Compliance approval, the Applicant shall submit a plan showing safe pedestrian routes at regular intervals within the site. These routes should extend east/west as well as north south. The pedestrian system may be phased as appropriate to provide adequate pedestrian access for the structures being constructed. • Prior to the issuance of the fifth building permit within the DA boundaries, a final plat shall be recorded that dedicates Records Road from Fairview Avenue to the north property line and River Valley Street from Eagle Road to Records Road. All properties within the eastern annexation area shall be included on the fmal plat. In the event that Records Road extends from Fairview Avenue to Ustick Avenue, the tinning with regard to constructing River Valley Street maybe re-evaluated by Council during the final plat approval process. • The Applicant has offered to construct certain off-site road improvements to Eagle Road, subject to the express condition that the Applicant be allowed, on conditions acceptable to the Applicant, to obtain full reimbursement pursuant to the STARs legislation, Idaho Code Section 63-3641 ("STARS"). In the event the Applicant is not permitted to obtain full reimbursement pursuant to STARs, or elects not to make such improvements, Applicant shall not be required to construct any off-site improvement except as necessary to provide Meridian Town Center AZ-07-012 8c VAR-07-017 PAGE 27 M CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 access to the Development Agreement #3 area and may submit an alternate access plan far approval by the City Council. This does not negate the Applicant's obligation to improve the frontage of the annexation site as noted below. Eagle Road along the frontage of this annexation site shall be improved by the Applicant in accordance with the Eagle Road Arterial Study. These improvements include, but are not linuted to: capacity improvements and any related drainage facilities, landscaping, medians, and pedestrian-level lighting. The specific improvements to be constructed shall generally be in accordance with the Kittelson and Associates drawings, shall be delineated in an exhibit to be attached to the DA #3. The applicant should work with the adjacent developers to the south (Developers ivers>t ~ied reeardme thear offer to share traffic and ePneral knowled p ~f the area The following provisions that will guide staff in administering the concept plan over time. This references the long term implementation of the concept plans and guides the Director in how to determine consistency. If the proposed location of buildings or uses is not generally consistent with the approved concept plan, as determined by the Planning Director, the Applicant shall be required to get City Council approval of a Development Agreement Modification for a new concept plan. \ o In determining consistency, the Planning Director may allow a plus or minus 20% change in square footage for any building, or collection. of buildings, as depicted on the concept plan. o Relocation of buildings shall be allowed provided that the impact to adjoining properties remains the same or is less than that depicted on the concept plan and provided that the integrity of the concept plan remains unchanged. (For example, for buildings that are placed to form a central plaza, those buildings may be relocated if the plaza amenity is substantially equal to or better in size and character than originally depicted.) a Changes in uses as depicted tin the concept plan will not be allowed on structures immediately adjacent to existing residences at the time of annexation without the Planning Director's determination that the proposed use will be less of an impact on adjacent residences. Changes in uses elsewhere may be allowed if the general impact is the same or less than that proposed. The Director will seek advice from ACRD regarding traffic impacts associated with any proposed change in use. b. Staff Recommendation: Staff recommends approval of A~07-012 and denial of VAR-07-017, as presented in the staff report for the hearing date of November 15, 2007, based on the Findings of Fact as listed in Exhibit D and subject to the Development Agreement provisions proposed in Section 10. The Meridian Planning & Zoning Commission heard the AZ request on November 15 2007. At the ubhc hearin the moved to recommend a royal of the subject AZ request. ian City Co ~n ;l heard th cp it m on Tan .A 8 2008 A t r ~ t r a~ c (Th V R February 19~ 2008 therefore taff has deleted all analysis and finAlnvc rP~~ro., .,, *ti vAR from t is do ~~ment ~ 11. EXHIBITS A. Drawings/Letters 1. Vicinity/Zoning Map 2. Conceptual Site Plan Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 28 M CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOIL THE HEARING DATE OF JANUARY 8, 2U08 3. Map Detailing Development Agreement Boundaries 4. Example of Parking Layout Favored by Staff 5. Plan Depicting Proposed Access Points to Site 6. Revised Concept Plan (dated: 9/27/07) with Changes Noted 7. Parking Areas to be Reconfigured Consistent with Exhibit A.4 8. Memo from Staff Detailing Changes on Revised Concept Plan 9. Letter from Ada County Verifying Parcel Status B. Agency Comments 1. Planning Department 2. Fire Department 3.. Police Department 4. Ada County Highway District S. Idaho Transuortation Deaartment C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code E. Table of Proposed Uses F. .Residential Properties at Time of Annexation (DA #2) 1Vleridian Town Center AZ-07-012 & VAR-07-017 PAGE 29 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8,.2008 A. Drawings 1. Vicinity/Zoning Map Exhibit A PAGE 30 d . • 2. Conceptual Site Plan Exhibit A ~~` 1VIERIDIAN TOWN CENTER sclir~nc - -C~ ~ Meddtan, Idaho AAIC5TH2 PLAN o e. .d sinuc~ov ~. . • 3. Map Detailing Development Agreement Boundaries Exhibit A MER-IDIAN TOW. N CENTER v~.w•..•.~~k titerkflon. ~ ~r a i y • • 4. Example of Parking Layout Favored by Staff - --- Exhibit A 5. Plan Depicting Proposed Access Points to Site (F= full Access, R= right in/right out, L=left in) DIAN TOWN Merldlan, Iclatta •+ ~ ~ - 6. Revised Conceptual Plan (dated: 9/27107) with Changes Noted Changed from office 0• ---- _ -..-..~..------._..-.._.. - - _ -- (SOk) to retail (40k) Changed from office ---j eu~sav _--- (27k) ro retail (32k) ~p~ s 0pp ~'~~ '~ ~ .mar '~Pd0UiI1GF VaeWlsr '- °~1wRY b~~+a~YY~ Increasedof#ice .-~-1 ~ ~. ~~ from 100k, 2 levels ~' ~ ~ ~ sae err. to 12(ik. i levrlc ~. I Changed from office .~~~~~ der ~~a 0~.. tYlmi ~o>.rtnr' (27k) to retail (3Ik) '~ • 0~9 ~„r, r"rr .oncoaa~o ma auor mmaaows~vi .o,.u,,.. Changed from office " - - -- _ 1°P°O°"'"0'°"eY ~r (SOk) to retail (40k)• - ., ' - '~"O4°1pf ~ ~ "s'® .emawma~ m~bra ' ~w mnawmwam enemas mn.acavr ~q,R Increased office ""'°'~+' ~~ erirm Feu from 30k, 2 levels ~ ~ ~ ~ ~ ~~ to 45k. i levelc lncreased office from SOk, ~ ~~+ .ow '^~•+~~ .vemr~ ~ 2 levels ro 60k, 3 levels ~, j'll ~ ,,,, ~ '~^+~~ w.duis •~ ~ ~~ ~ !s0o~na Increased office ' ~ ~ runu.o m„me from 30.Sk to 45k - -- -.~. __-_ ~~ vNa _ 0~ ~,• ~ j. - t ~ ~~~~ Increased office from SOk, ~ ~ a ~ ~ '1" 2 levels to 66k, 3 levels t. ~, ~ ~..'~ _ ,ti Increased office from SOk, ~ r ~m i ~ m ~ ~ ~' "' 2 Levels to 66k, 3 levels . ~ ~ .gym . a ,~, • ! i 1 ~. . ~. ~ ~ ~ Increased office from - -- ~'~~ a ~ s~~ as ~~ c ~ ~~ 13.Skro l4k ~ m ~~ ~ - ~ _ _~ T"----- .~ _ l~ O~ --- _~- -__ - M E R I D I A N T O WN C ENT E R Increased office "~'~""~°~" cr•r~wnc m Mgidit]n, idOtW from 13.5k to 14k R p~ ?7 ~I 2LD7 Exhibit A ,~•„•__~ MERIDfAN TOWN CENTER 9r81a1m' µ • 7. Parking Areas to be Reconfigured Consistent with Exhibit A.4 au.arcwr s" ~S ° ea.~sp ~rs~.~ n+4~7'++ ~,n n a VAWan .YOtV• a-Ta1 asve- ~~• vht n~t vror miry . ta'W. en(n» WwV tattiitq ~uro rwv~ /atnn t04.t~aWOrgt cnleiY ritd !ttObhr. ~i• rR+'•MY~+YliSt4 Wtr•U R. Yn~FNNiRaaN'. NuQns ~i~mn Wu ANIif.~• Rf~r~ YpIVO OWF. .WOAY ~~ ~ f a oOWt ~ Mtn) i~g~~ ~ ~1'I+IOJb ~ ~ y rm~vN , gi.LaCB~~b' 8~~~ M.IY~O W.'a {InirWB sM1YSj ~ w~ud gS1~i/Nfi1 .l+aw»u alidwrr ~b r6~rwsaSlaw. auHP rad~iJSOwWto~ Unad~i ~w r ~ tt ~r corm :f r.--,._ ~.. -_... pia-~_s. ~ _. _.... ~... M • • 8. Memo from Staff Detailing Changes on Revised Concept Plan INTEROFFICE MEMORANDUM TO: PLANNING & ZONING COMM1SS10N FROM: SONYA WAITERS, ASSOCIATE CITY PLANNER SIJBjECT: MERIDIAN TOWN CENTER (AZ-07-012) COUNCIL HEARING DATE: OCTOBER 4, 2007 DATE: OCTOBER 10, 2007 CC: CITY CLERK, ANNA CANNING, CALEB HOOD, BILL NARY, TIiD BAIRD, ASHLEY FORD, ANDY WILK On September 27, 2007, the Applicant for Meridian Town Center submitted a revised concept plan for the site. The area depicted as DA #2, in Exhibit A.3 of the staff report, has been modified to reflect changes to some of the potential land use square footages. A copy of this revised concept plan is included in the staff report as Exhibit A.7. The following changes were made. in the proposed square footages of retail and office uses; Parcel west of SH SSBagle Road: • RetaiUrestaurantnses were increased from 730,500 squaze feet to 873,500 square feet for an increase of 143,000 square feet or approximately 20% • Office uses decreased from 574,500 square feet to 480,000 squaze feet for a decrease of 94,500 square feet or approximately 20% Parcel east of Records Road: • Office uses increased from 187,000 squaze feet to 220,000 square feet for an increase of 33,000 square feet or approximately 18% • Residential square footages did not change No revisions were made to the retail uses proposed at the north boundary of the property located on the northeast corner of SH SS/Eagle Road in DA #2. The revisions resulted in an overall increase in retail uses of approximately ZO% or 143,000 square feet, and an overall decrease in office uses of approximately 2% or G1,500 square feet, for the portions of the site depicted within the boundary of DA #2. (Revisions were made to the original memo dated 10/1/07 based on the adjustment of the DA ownership boundaries; the original boundaries were shown incorrectly.) Exhibit A 9. Letter from Ada County Verifying Parcel Status . .~.DL~,.~(~rtTN''TY ~;~rS?~;`czas~~~r-~soo- D~OP~Ii~ENT ~3Y~CES•. X'A3C:.t2$6' 287.78 :200'x: T?RG1NT, 80I_BE1;ID~FI088702•.7.8,00• Juine ~9Mi 2a0G . •_David 11Va1Foi;'H:1ti~~u~ene A!-:: TCl'eiiei ~se~•r.:t~ iv: ~.aoxaoo3 •$eattle; W~ 9S1t1i: Bellevue;,WA 48Q04 ~: :L~i1e. ~aoneooiir~: Eaitel # sxxoa3~r~ ~ar~ 1 ~.~); st~o~9seoo (Paripet S) 5110544901.fPr~ce1~~:. mercy.etcus~e±s:foz:piop~e~locai~ri:~ecita~<4(P~ii~cel '~ ~s 8i 3), a~dt~Se~tion~',(l~;t~ipptty-4),'~;3N~R-.1~?, ~:~;, D%iei~diext..X~~io ~i3'!` jPi~cel ~, Z ~i~•A~: ru~~r:D3lftriEt~.(t"~cee):'~~. Deal A-pplzeac-flQ~crm,erst 'I~us'repgit~i$ ~.t~sDo~ to::yottcapplfcato~pof I~itie Y, ~9Qti. ~a.~!oar.apg~l~cati~ you seek ounfutna3:oi~ ~fiai'tlie :~03.~ dGacriliecl`~n' watatity I~eeds.8237.44 ~t..8~3~45: (of rea~r..d~•4n Qcto~r 16,1:972} are forir dfistinctpropeties:and'exe"mptTio~'#lie'Cciupt3!'s coatigiious'pat'cei.S p~!o~is'io?i~:(ACC'$,4A~:~. `•Y•cltivplansare••taket~ot~~:~pertybo.~mdary;adj~ia~~iocaeatea ... - l~U~acre•parceL••to~bt ~4ad~~~Pa~~Y:~ Eugene I~fe~ierfor'~q~icapgn eutl° develapme~t:es•a pulillti,parlc. . I?ee~ede. 1744 stud 823945•~tem4.~ ~gepa~ate ~iitIs, _ea•~Iiuwii'tn• yo..tir frbtn ti~• ~cuuy's conb~giioU~s pdi!c __ ~aezas~ft~; A~• ~iit%iy-code :y~el reconLs:showing;oaly`tb~ee: the••o~rrei df title• rotas ~ppvided wit}r, the appiiexition, Warrant3r t:p~i;,i't%ttpntto t}is enaly~siis. •3>~~y el i}!ai tho.~our ?ailu~if.?1, •a~'e ~cf~s~det~zY~ - v,~±eelsil~Ai;ai~ ~x~!P~ ~s p'~ovisto>is; "~fe j~arcel~all meiect.cutzeat~nensiduai; ~rici-arc.tticre~ore~'egaliyoonfoaux~s;. despite faz ~fovueYer;.~ar~el.:~. tsl~ ~be~q=atresed` in wrist appe~s.w bb "ap .ur~enatigiied P~~Y 6v~oe+3gffr a¢Jtis4rieati with .Tpigt• SchooY District No. 2, T!-is occurred' ii lvvo traasaat}b>~'t .+. .:I'arccl.Sl y:054.t`t280 wn9.crcatod by ia~.iv~aeat 11997 ~:r750~ o~ Marob'3,.'a000, ~'•ltic• yro~ezcy s•eiurenEly used .to:pa+oviaie• wR;ver•Valley:E#emeMary-School from• `PgCkni~NA. 3' $ul~ivsiiji~ • pe~~s%YOS~izaisa;~a~•ea:~~y ~#rooo3~~a•o~ ~~~~,2~0~, ~s • ~~4 is.c~t~~~! yu~~to provide s:to 3tiveir• YaII~ Eleirseat~y Sehpol f><+am~ Eaglb Rom 1At thg`titz~~-lliaLt}a'ese ~aroalc ~ytYt cia~ted: a ~ropeit~i i3;iiundai~ _ttdjiisime~t ~ap~li~aii~a was .:.._..:, office sh~tl'rexo~riia~ tl)~.;p~#it:jtaccel 6s'haVu~ :-tiedR:~sd!4~bY :iegtnted. I'IoWCV4[•tQlt~~, _ .. B govdraneritacfionpet.AGC 8=4A:I9:att~1`shall'viasvi~~tbis~.paroeF•s"s~aleg~1C~ Eton-~(iufortiurig. .... ,1?ivI?'u'ty,: Tlta •ivyo proper.tics •notcd: above ~a&aYt :b~•d:eceiucd.tb bo pmi`. of'tl~o ~rnain Scl-o~l tiistiict :pa?'sRl. ~SY I:US~4-1901, tio~taie _unr~i: Exhibit A ~~ • :~?a:a>be.ad.~iis?.3:tliat.u.,pi~fili~ pa~}s allovved.vviih:cgn_dttigt~.~ •iisc,pcsrm}~.ap~~~al iii the RUT and'R¢•claati~°c~s~. C~iiciit~:o~al~.:use.p.ei~riits•requi~r~apubliclie,~rin~•be~'o:e:the ~isiitg~t.Zuniitg ~Q~.mtasrotk :Oac~ ata ,agpl~cali~ti; is dc~tr~ed cotYtpi~te it ekes a~iaui tbtee months. ~ca •~~ .tltrtiu~tr t~is~sirgcess; l~p~ftatioa#otiva~:apceavai~labie:oit~oui''Websf~ Fi~a;.c~!~d~al::~rpp~eah~t, co~•ences' aie' ava~:ia~1o by c~tttactih~ yurlr~t~t ~~uktter s'taf~ of ~~~OS) 267=7?Utl;. ~~•tF-e:p. forty were'to ~: vanexetd fo ahd i~eareli3ped to the ~~. o~:Meb`idaa, ytiu w ou~d •need fd• ca~ifact tbeii'~gldiz$»g•t1opNrtrrienf,•al;au4. thoiz•. process :for a]lo~vl~,q develapme~@t-~' a'.~-s~`k. :1i'ynn h~ve:~•}~. ~tior~,•pleasc d4 not lie~it~_f¢~:to cgi~i~t me aF ~ZO$•)'Z87-7920' or slt~aiotieQ~davc~eb; t~'et. ~S.iaaceiely,. ';G~..,, Sieve: M:al4nC. Pl~aniae~ If A,d'a• evu~•+t,Y •DeveYapgi~rit: S'.ervices CG. ltiah:~`~cok, Planning & ~oiiing.Adtt~it~isti'atar A..T'T Applicant's Ez~ibi.CA af.'aitanty Decds•8237•A~-8~ .82:3'746 Gi'~.'Edit ~t~pcrt fbr Insttuiperit 491°17.50' C~~.S P..dIt;RCpvri ~r:.ri~C;uu~a~it F.dQQ33d~74... Exhibit A U - • r y r ~ _ •~~M ' ~.4 , ' t{ ~. i ~Y .D&b'D •F:oiC valsla icP-Ce~Yred;, tA•o :S~Y&i'E QP '6lSt6A •1~~ RL83R~ Efett{1~~te'a~ ~'~ .. «- t?Y {?8~t9Y ~Hettotw,'RB¢1'nes a»9' $ugatte !t. Kloiaei, .peY_nd~hbtl i:e7~~ °'; Bentiatvee., the gxaf~tibk, •so~ A~zebq ¢iC~ee; :bergaie, ~Y a:iQ ~ ; uvp~eo7l :nn Co. 1QAL'i!&R S@:5iwip• 1tJ'LittP.A aM 3,~,•DC8b18 K. It4S2~1$&h'as , ~ "' indlvld4.a~.a:;. 'kpe ~ranteee-, Yhe' ioxl6wng. de8c5.ibed' p=awtavo. gig q. tq::Vtt t ''"j. • TRB .~. e>i tk s~ AtYd. tbo ~ of f,~fe $N~j .81id• t!-q It3j of tlft- '$~ •4~ ~s '~Lr >ln a0.6!b'~se !,. ~ 't-fb ~Ir Qk tip. , ~3~ Si- 9e~Biori ;' 8:i3 to 'tr'ovrl:f?i~i ~` North, 'R'ange 1 :sae'e of the Bol~so iaet.di'ai-, Yn b~a•eoaRty'•~ 'l8st-b.. ~ , TO !lBYB• A3iD• 'CO BOLD Ymtb th'e~ gartiea bg the' :aeeotrd far! :q's their .s®speetive ao14 end- agji0rate' ptoporty, oath to hold. an e¢nel .a]itl' gi+$:I:o3dgd •lALefs6t ttioXeln~, •a$ :te~iat+ta~ .lA.' comi!ori'. ?11'iii .Deep: ya: sali-g Ag1lvc~ad uaQor,. ale by vls~ya •~F aid order `Co•-1~.#~iag' ,~ai~ QP A~grl ?sopa~`s9. tde~e. e~Y ft-o-'ciiet~Qt Cautt oiE ehe Tg~,cB •~udic:i.'a~ :D~.s'ts'iCt, of• tea $~iite o! Idaho', !:a a•;td ,Rpt the ~tpnnEy p! caaiyan, ?/agjioliat$ D?lyiaioa, 54ccSon 1., 4p Wie, ZBtli. Gay off' .Aggaph, 1.972, tebleh. ordei ~a by :Ka~®rti+1cA b'Itoiatio i~wba a ,pwrt 1~~>orai, wA iliough aet :i''dyc.tl+ f'n full 'tioxei~a. •~i's".'s. conyeyajite' is as etisq:kute .oom¢ayhoCe es gite• staple tL.t16; M.btltcyt •reatricso,:~a of qaY :ypa. ar kkne:. 'TO !ih-!e Atii7 Y'O HOLD the shy gsmoeicee~; atri- sholr.:aypur• fa.tis_ia{sQs -ialo tie yt~Yd~'G~e'-ttaoi¢, thet'a` •It0lteo :aBd a9sl;Qae Cprever. Aiiii•.t:2te ga.38.GieRtioi* •9.o@q hejCe_~y 4o"vopariE •yo oa0 4+ith.~Elie 6,alt3 ~'sairitbin., that. ,};;t p ttfe n!!Tex in #sea .ditpp}q• pf• sa,14 •yreID,~t6i; ttti0 ,ea1t1~ premit-n8 .s4sis trees trbs all en,'enmbtapnc~., end •btli~ iL ~q~i~lI va~.tart aid de#0iti1 tli6 s8mi9. '!Xam, ell leNEQY e1i~3rp6 Mhat- eoeear:. ES411TI: ~4P s~d75 .iP. th.E1~EA, :dECei-9Cel;: . :HV~ , . _ R~c~.~vEn• ~JUtd •0~'d 20DB a ccsu....:. Exhibit A i uA :-ax n. ewnrN+'+~:seoaneq ~; •J'~1.~ .Q } '~D~6G ~GhA ,. r . ~~~ Exhibit A t; _ .. . .. ,~ m; ~, ~. x• z -ease valva xaA,ein~e; tijie ~sfia~s• oK ~. ti: iG.B.~[tSRi aeitco~iEe~, _•. + •by~ F7atea' lt0,r"tban .t?7~e~•ir aii)i] 19ageha bta ItT;otiii6iP; pe?r~~k0~ +ha'q•~iti! ~~!#~•, 'tbe grantor.,. does A'~~Y 8!Aat•. b~?tgaiD•, :ictll ~Rd tidni-ey unto :ttALA+fsR• •IS$AMAH tt1aEIN6R :dh8 6uclth.B• ii.: Ki:BZRL2t;..u. ffiAl:.pidiieYi9, "rtfe gsaptem~, tPie 'fo•13ownq dee6z1"k+e& prainits~, •to~uits ~e '.-Fi~. ¢r Yt~a :a1e~ Apd .ah0 •Hl{. of el~O ~1?!j1• RAiii t1tb. pJs 'of' ~~}e Siad~, oP tiny ~E~j,s ~n seeti9,o•,n. '4;; trpd: Riffs .B#j O~ !~e•' ~E?s ~x Segtloii 5, . itii ~i~ ?o+6dahip 3 ~~~.e .katge ~::>~ •e~•'Y.~je :Bpvg -~,~~d:#°aif, iA ices Coi(ntj/, 3eal-o. TO• DVS #~ND TO' •itOL'C itjfto rfi"e ~at~tcs d! the se-cprifl, port 6`8 tlibit resjtective• .eose' ~RU eepe*stli jirQpk_ic``y. and swell tt hold o4 ogpal a~•.uad'iv39~Qd ~,ntefes~c lh0ig~h, ae';tenanra in t~DiaM. TH=ts,iictaa•~R. aeirio•~delveiced~ ub~tajc sad by vixt'uw of an: Otd~:r: Con:fizm~inq talc o.! Meal preperey; ~tad.o by 'the DstsiC•t Gtiui'L O~ the ~i}•fid JydiOiay D1A~EiSoC u ti.a _0t'etC of 4p}j8, !•n .and x'o{ tL'.p• Cqurity :of ~:knyulti. 'NsotatL!~aRe ~13iv~e:toq. •Sa;CitAH ?~ •CJf eltie 48t1i da.Y. d~,. !~4~Y"sC`; 197?, .v.6ich o'rda+i' ke by rnQbzellc4 R7{~,;e.ap :o~~3e' a past hEreo~; es. t•-~ui~ av6 ~ast?~. in full hosciJ+. :Thke c8:!-veyanco id .8>L ,¢bsoluto' cdnvoyunct! e£ :[de a3:~a}ii8 attio; irlt}i;itit ¢wa.ei~icEicp$ d.f~ony 'kjipo or'~lMd~_ 1'0 ,iipVY :7{iJp 9~ .MOLD' th'8 bald preaii8et;,.. ~~.tt;• ttia•Lr •~y~e- eea@lnoaa• vi-to QZ,Q ai~tat cxarirdoii•, Lhet.~ liatr~C a1~8 Ssul~eie L~orev:e7C•. land .the sw.id• Gt~ritor doda• lie'iel~y" xdvenant to •aaal with i~h'e xa£d .Grartgq~.; that t'! i~. ti}~a ;DaSter ~; fea ~sf~ipp~9 tlt•-sri18' PY`~?~~~'f. thus ma,f.i t1,reim:i.ee~ tike .file .xXdb,. 3~ ~dn . '~CeF•:; allb' .t1+.at it vt1~i vdrirAtiC 0nd :ile~oii0' ti,e 9~e >TXem {a1i lgio~ul •cLax~u$ vKa'ea6ev$r;. . sk4tAT$ OF ii. H~ 1ti,~TD?E&y e+eecaa3•od. HX%,:tL~~i::11 ~~ -.. -e Yss •'al. '• . • .._.~.qa •viao .* a v a .E c .E..~ v .E ~o J:U~~G •d 1 2008 iw~ soui ~.y~ '~~?'~!'F~1!ICCrx Exhibit A • • ~,.„ ~ v f '~ •~ b Y • . } ~ ..w . • .~ ! ' . ~ ' ,~Y 4~ 4T rua~ 9i ,~" '~-,'E',~- CBE ciAlZ~1E111 ~ ~~~° .i ' . C i1 ;. g _~ - ~ , .4 - ~ '~YWi• ~V4 I;s.+L' -aP+~ lo~~.V. fr^q~"'.~ d ~ .. e,g~ <~+ ~ ICLEYbI$R and SSE 91.. •ItL,- ~ ~;, , tM - Y :1 ~, ` ~' b~. ~s duly aEopoiatao¢ •astia~ ant3:ity ~vr•ewxal :x , b C~.' , , 3 +0'2 .'k'fiC 'EHT.~te cY '.J. -M>: 83YbYStm'~ dfoCfi40'Ody 'q~ O'c+lt-.fi~~ ~. ' ~' '~. ' u '~1#,1'tt :Clie• 0.~t'e'Ce .ed6ErKfc~~ the foFegoi'i-g inatsuwrerre, iar ~!ata~s ~sntix-P, 2 mays hereva'ko. aet mp.'haad.:and. af>E~xea~, . - ~Y• eP,Eicl,@Y seal, ~tibe daY e~td~ Year ,;ln ~tbi~' tc+sSl$tcaCc.~Szpt t. amore wsitt~n.. • •K • a. 6eei "@~. iP~iin'pa; Tilsho ~~;. ~~j 154 ~~. p~ i _. - ~~ :C~a.~ Nom, ~?lLa gtiac! ~tE~ l4R~nf.: , . '-• - -1 iy~~ ~iAlA1,At~q: RAto~~..i fl~.C~.~~v~~ ~1W~~ ~ f. 2on6 ~~ - oop•-~nc~s Exhibit A • ~:0. W U.1.,~M•IY1D. 01MO~+•Of 101f..~7 LgGRf:1'Sl12i750 3N/®S' t m ,lvmup . nnaCaulinAeew~-liMOrtmaDid:iaWn.cifmrNrar ~coq& 1 t~ortxrl ~tttls ~ 1 ~ .~ .:.:i ; ~+atia'loi•riw. iw. roe w pilro~pcpltwaq amq C~ mabarln•,i~ma..unlniceoaidavai•ae~mnvo.. AEtEIC'199141760 ~?L~b bwr anion y(im ~l?t W~4~E11.i.5 A. ~nn.ms 'E ~ ra:>,r•wawair wl. lb.alDOs urtaamuiwm unai ~emi-ln:wroumman*~oM.mmtr~o~-T stot~r~• ~~~ 01!b W641171 9MIRf vla~se 7feli~ab 11U-~~ 1 .~ ~. :~ ~. 14tigd aM4.aO.Ap 111 ....• ur1. ror upoilpuwwu>,q amwl Exhibit A B. Agency Comments 1. PLANNING DEPARTMENT 1.1 The annexation legal description submitted with the application (prepared on August 20, 2007, by Michael Byrns, PLS) shows the property adjacent to the existing corporate boundary of the City of Meridian. 1.2 Prior to annexation ordinance approval, the owner(s) of the subject property shall enter into three separate Development Agreement's with the City. Said Development Agreements shall be signed within 1.2 months of the City Council's approval of this application. Please see Exhibit A.3 for a map detailing the boundaries of land that will be incorporated into each DA. Each of the DA's shall include, at minimum, the provisions listed in the Analysis section in the Staff Report. 2. PUBLIC WORKS DEPARTMENT Z.1 Sanitary sewer service to this development is being proposed via extension of mains in Eagle Road. At the Developers cost the applicant will be responsible at to connect to the manhole located on the west side of Eagle Road and E Leslie Dr to bring a 12 inch rnaui south to serve the west side of this project. The east side of this project can serve two different ways depending or the plans and profiles to be submitted to the Public Works Department, One to the 12 inch line to be installed in Eagle Road and Two could possibly flow to the 8 inch line located in N Chandra Way. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that aze 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 Eagle Road. The East side of this project will need connections for fire -flow to Venture in the south east and Tweedbrook in the north east. The West side of the project will need connections for fire flow to Fairview in the south and Chateau Drive in the north west. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-T3 and 9-4-19, which includes the preiirninary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.4 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.5 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. 2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (iJDC 11-3A-6). The applicant should be required to use any existing surface Exhibit B r • water for the primary source. If a surface source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.7 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.8 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off street pazking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.9 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted required improvements prior to signature on the final plat. These include but are not limited to, fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, and water. 2.10 Sewer, water, pressurized irrigation, and any life safety development improvement shall receive final approval prior to occupancy. Other required development improvements, such as fencing, nvcropaths, and landscaping may be bonded for prior to obtaining certificates of occupancy 2.11 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 2.12 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. 2.13 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewallc the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.16 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. Z.17 The engineer shall be required to certify that the street centerline elevations aze set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.18 One hundred watt, high-pressure sodium streetlights, on 25' pole shall lie required on all public residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the streetlights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at subdivider's expense. Typical locations aze at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity are determined after Exhibit $ . ~ • .. power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 2.19 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.20 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.21 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being developed shall be tiled. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval, ff lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10' and horizontal obstructions within 3'. f. Fire hydrants shal'1 be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the 1FC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.6 Fire lanes, streets, and strwctures including the canopy height of mature trees shall have a vertical clearance of 13'6. 3.7 Building setbacks shall be per the International Building Code for one and two story construction. 3.8 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface. Streets with less than a 29'' street width shall have no parking, Streets with less than 33' shall have parking only on one side. These measurements shall be Exhibit 13 r based on the back of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.9 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.10 The proposed residential structures consist of an estimated 180,475 square feet (number of dwelling units not specified). The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the yeaz 2010. 3.11 The office%omrnercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service aze projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.12 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.13 The Fire Dept, has concerns about the addressing of the future structures in this development and the addresses being visible from the streets which the projects are addressed off of. Please contact the Addressing Specialist at 898-5500 to address this concern prior to the public hearing. 3.14 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.15 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.16 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (1.22 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a: For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 rn). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.17 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered. 3.18 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 3.19 Buildings or facilities having a gross building area of more than 62,000 square feet (5760 m2} shall be provided with two separate and approved fire apparatus access roads separated by one half of the maximum overall diagonal dimension of the property or azea to be served, measured in a straight line between accesses. Exception: Projects having a gross building area of up to 124,000 square feet (11520 m2) that have a single approved fire apparatus access road when all buildings are equipped throughout with approved automatic sprinkler systems. (Remoteness Required) Exhibit B i 3.20 The Fire Department is not supportive of the left-in turn lanes on Eagle Road with or without medians. 4. POLICE DEPARTMENT 4.1 The Police Department is not supportive of the left in turn lanes on Eagle Road with or without medians. 5. ADA COUNTY HIGHWAY DISTRICT Due to the fact that this is only an Annexation application, A•CFID has not submitted formal conditions of approval at this time. However, due to the size of this project ACRD did submit comments on this application that are included below. ~' '~'~. tq.~:r~Z(oiL>r o ~s ~,,.~~ acts w. Miw~, vine e Sherry R HuDer,tamn159mus Gave 91~ens, iaxr oya a r~rxee, e:~nn~tm,er 'Sepjember 28; 2007 To: Citg 6f'tNerldian, Planning Department 660.. E. Watertower• Lane, Suite 202 Meridieq; Idaho 83642 $ubjedt .CeifterCat pevelopment MAZ-of-n~~z nlelc and n!w!c offagle RoadlFai-viewAvenue tntersectlon The Ada Goarity Hlghwsy Districf has receivei!' the QnnexaNon and honing. aApUEatton for the ProP~t=d CenterC,sF •Davelopment project located at botFi the no;tneast and northwest'.corriers. of the intersection of State }ilgtryvay 55 (Fag)s Road) anti~~Feinilew Avenue: The• District has .been rovortdng v+ith the appllcanYs •traffc engtrteei to''fdentify en appropriate scope for the necessary traffic Trimpad~ sti7i!}i. The Rfsttid. bas Trot yet received the requ¢ed traffic impact study for this devetopmenf: :It .is the Disti#ct's understanding that the scheduled. Meridiap Planning and` Zoning meeting .may move fonnrarb prior to tile. Hlghvdpy Qlstricf tecaiyhg and. comineriting; on the traffic study. Therefore,. staff;ls submitting; these prbtiritiriary.eofiment"s based on th@ ccjnceptual site plan for the City's coiisideretion of the arinexadon entf• zoning application: Additional comments and recomniendaUon`s yy81 be sutimltted. once the OlstrtG' has received the thatfic .impact study. Also, same of•the sutmtiited comments may ba altered dependin8 on dhe findings and i~ecommendetions• cfitfie'traific impact study. Existina~ ConilitPons• The Slate Highway SS/~'aiiview ,gyenue intersection is •the.~ tiusiest. Itrtersedion +nrittiin the state of Idaho. The Distric! recently reviewed ltia'Pin6bridgs' Sutidi4ision located further south of this site;. arrd tfie prbjecteii,traffc volDmes and level ~ofsenilce alg itlentdietl belotiv. ;'-Roadviay ' Fupctlonal . Ctesaffi2afion . Tra[flc Courrt Lev@t.of f~roje+ctesllavet of Speed $ervice• Service at s'inetiriilge Umk Build-0ut (20'fb) (Does not include traifie Fairview Rrinapal'i4rterial 37;1.98 east-of . °E° . from CenterCal ro act °C° , •At).NIt?F Locust Grovedn• (assumes 7-lanes at butld- _ .Pine aVlirioYAiterial Ma 'ZOOti :'Z,37f'virest.of Betteritian :out Betterthan'C". Eagle f2oad:1~ °C" fJlarcti 2006 5M 55. , (Eagie Ft6ad) Piiiiidpal Arterial ,5.1;:580`south.af Fa l '.F°`(See nF . '50 MPk ~ inr ew (n Ndte betowj _, _ , October 2lJl?8 ., . , Exhibit B '`"Acceptable ley8!• of :service :filr a• f'tva ;iane,.principa! ertet~ah roadway {FaiN.iew~ .ts dE" (37,000 R-D7~. 'A~ceptsfbiq •level of service.fo~. a five {ate minor arterial r~a~adway :(locust: Grove and Pitte~ assurriiFig complefed impravernerits~ is •"Od (33;tm0 ADT). •'Aoceptable I~irel of s~eirvice fohsev®n iar~e ariicipal aFter~ai roa_tiway {Eagle :Road ftolth of •f?ine) fs aEb {5Q,:11t)t)AI)'tj. Note; Thts:ls t?seed on tRte CAtutP:ASS f?tanning Tlireshotds. Tlts• District reeogtiizee th~it'the existlrtg and pcojea{ed: level of senvlce at the EaglelF~prvie,y ~in#ersection Is above an. acceptable pla~naninq'lovel .capacity. 1''reviousty this lnters$ction was 'iitentifiifd: as ~ futufe •utulii •inieercllian~e. In~ the last.ui Rdate~•~ the lord-range •trenspot#ation plan prep~''ed'bY ~OMPASS,.•tliis •uilbar~ i~t~erchange:impciavement-oyes ranoved frogs ttie plan. Ea_gte :R'~d'Is. a ~at®;leighway, anii t~idaho Traiis}zortatlo>#;i~epa~enl: has lfmlted plans for: improve~met'its to••tfiizs`cori'i~lor (i.e. csn>3er islarFds fiof•accesa~controi). There are no planned •capacity improvements~iorth'is coc~dor. •Th®~applicarif is ~ursuiing opti'ens to.u~iize.ttte SFAf;S•:funtfir~g mechaniet~n to add an attditiotial 'thru~ lane in ~ch..dira3ction of travel to irafale ~Rba~i fr~n Riv®r italic • a + of Fatj'vlew Av®nue to: IMerstate.'8d:. ;. y (. PPto~>~tet~- •/: ntiEe north 7'he .Dtsd~ict is •st~pportalve of• this effortas:•llie tirai~ra~ rte~itor~ in'ipacts'o/fhis:development.are sfgniigicant.to•~e•rsgio~ttrarisporla{ion8yg~mj..In addlh"on, th® Ois#rictwould encourage•the:applican{.ta•reviewr Fn.'tereection design.altectnatlvettwith.ACND, ITD,. and• COANPASS in •lfghtof.t6e c4rnent~Jiilgh Volume Iniersection Study currently beiii8 conducted ly ITD, Th#s stud3i, cuineittly'In drait•Phatge, Idetntiftes Intersection altertiattves for hose 3ntel!sectFons that•catcy•t#la.hi8hest volurtiais ot~t ~~."rafl"ic.. Tfie study is scheduiect~~to~be•compBete, In December X007. 'ff the study recommends•.alternatives to the tradttloi7al Intersection at Eagla• Road and Fairview Avenue, the Di$tiriet.re~oonmends >Rha{theapptfcant pursuefr~nding of this iriiproveritent~ln conjunction with the ather•prbposed STARS• ro8ri~ iinp~ogetinants to fEagle•Road, Corramenlds• ~on• Proietted Traffic and Site •Desian P'ROJE• .CTED TR•AFIFiC White: the•tfafl3c ~impagt• stuc#y is not' yet .complete. the appgcant's traffic engineur•..Ftas .prodded an estimated trip generaflnn fat the eiitiresproject based. ortfhe:appGeatit's rotaceiptuaf plate. At full 'build=oW't•, the:praject.could generate apprQxtrnaitely37,.000 vehicle trips daily. This estimate cfluld: cFian~e if the typ;m or intensity of #ne.~prcposed land' uses are altered. N.ORTHEA$.T CORNER FSinili3w Avenue Access: Tlie applicalnt• has,prbpoaeti three: driveway accesses to• Fairview Avenue between. Eagle l2oad•.ant ~k~ecords Drtve: The appGoant•fias pcopased, extending Records .Driv®~.througti .rte sitg: tb •the.•ncicth ,property J'~ne, as .a coliectof roadway. T}ie~ applicant has proposed orie. driveway access an. pairview Avetaue tteiwean Records r4venire •and. Venture Street, `Tlie':i;ippfcaiiit `hats .proposgii toRnettiti~. t0 VeFiture• ~tzeet.• Staff.Comment: District _staff is hot,s~ppoitive of itae••pfoposed..drf~eway on ~FaiririewAuenue located: cfosest.;to :thg frrtersection cf E~gie road The .proposed ili~iveeways between t_agle Road arsd Records Avenue •r-may be. resttYcted: to rightan/right~ut. River Valley, .Eictei><slbn: Ttie.~pplicat7f is proposing tb bw'td River Yaltey along:the itorth• property line to create a'signalizeii~i'nte-sectFciri wittt~EapJerRcadat.apprbi4rriafety4he ~,Fri~~~ between .~'iaiivi®w Avenue acid lstii~i •Roaii. The applicant~~is proposln: g a. slight shfft {approximately 30-feet) ~toathe south for{his roadway alignment, Exhibit B • Staff Comment: This .roadway. was iderttifiisd as a future collector roadway, and the t)istrtct would require, ttie construction of this roadway w+th :thje de+relopitiient application. Lf the road+vay .is prQj~osed.to~ba shifted sprtth, the applicant will be required to pro-'vide access to River Valley:to the properties to tNe.•nol#h: In addition; the..prcposeed~sttiftto the souyi•will'impact ttte existing•:River Valley on the west side of State Hlgtt4tiay t35: Recordls• Avenue: Tate applicant is proposing to extend• Recoreis Avenue as'a. col~ectorroadway thrciugh.:the site'~to t~e.horth property line.. :$taif Commeiita 'This ro~w.ay Was, identified~.as••a future collector roadway, ~nrtthe••District woWtd require the constiudtion of tFtis roadway withrttae:•development application. This roadway is planned tci •~ ®xtended to.Allys Way (Wtiich• is currently under i~nstruc6lon forthe..ftn3t'/..mile south of 'l'lstislc Ro'ad)• artd°'constructed as ~d$yelopment occurs .riortti of this site. The eonA.ectior- to Allys Way. 3i# critlral tq: tfje •velticctlar circulation witiiin•:ti~s area; This •roaaaway Will provide a paratleT arid` aitemative =r'oute to Eaglq Road: The.eppticant does not cbntrc~l. the property that will enable the oonrieciion of Allys.'Way tp Records Avenue, riot ttte c4rineistdn shiotlid be s re~ulrement of this deve'tppment, ACHD; the City of Meridian, and the.clevetoper sttould• word with °adjacent property owners to achieve the neoessary~•right:o~way dedication. Greem-vaotf •D'rive antra Meadow Wood •Drive 'The applicant tip naf.propgsed any improvements or opitrteelavris to ttiese~ existing residential •streets, Staff Cammettt: The appBeant will ba required to provide cul-de=sac turnarounds for these roaduyays or.constrirct a.1vcail street connection within'tte unopened right~f way t~etween these streets. fie D1rMct• is. iiot srappvrtive •of :tying these rural ~f+esk9eritiai'streetsintb the ~pcoposed~ cflmrTterGal aleveloprYrint, The•.pistrici is:supRortjve pf.providing •ttte existing r;~iden~s acc®ss to:the proposed park• NORTN1Nte3T CORNER Falivl®vir Avenue Access:' Tha applicant hes'proposed tiNO driveway accesses to Fairview Avenue between Eagle Road and the ~sife~s west properfyline.. :Staff Corrtme~t: N no access. is gained to Hickory Avenue, one of the propo$ed driveways to~ i=alrview Avenue. should be fuli.access. Tkie~ fdll arxess driveway;s#iould be (orated as far from. the Fairview/Eagle ~tnterseetion as is .possib)e. 'the second driveway shouiii be restricted #o •r7gtit~ in/rtght only: tllckory Avenue: Tt-e site has no frorita~ge oh Hickory Avenue, a cgUector street with a.sign~lized iritersectivn•with •F•airview.Avenue, 'ha pistrict.be6evestfiat a:aonnection~toiiickory~4venue could provide necessary eircwlation and access fo Fairview Avenue: TI7e: Disb7iit encourages the applicant todiscuss these possibilitieswith the adjacent iar.~d owner (a dtyrdh). Rlver•Valley:~The• appticant~has proposed extending RN-erV.alky ohly partially •into:the ske. Staff CcinSrihents'Tlia.apprra-ithos nbt. adequately. addressed the contlnuatlon. of River galley Into '.they w~estem quadrant of this•developme'nt: This:area of tiae'developmen!w~l~require some redegign ~by-the.applicant: AC,C~SS TO EAGLE l~0At3. TFte applicant' has propos~:right~inlrigfat-out driveways •on both •the east and west sides of Eagle -Road. locateil~ approximately 'i/~ mile north of•FaiRriew Avenge. Tt-e appitgnt has prappsed'/:. drivewaayc ah bgth t#ie~east.ard.west.sides of Eagle Road Located approximately 7/4 mile north-of Fairview Avenue. 'The applicantt. is: proposing. right-iNrtght-out dci~eways on iofk~ the east and the west sad®•~of `Eagle Road 7'18 mile south Hof ttie~ proposad %~ imile signal et River Valley. 'The Exhibit B apptEcatf is proposing' a sigr:~afCZed'.rhtetsectiotn with eagle Road at the:'/ •miie Jocation (Rfyer Vailey~ S't~eetj_ 'Staff Cotrimepn: District staff is•:iu~.t syppoirtlve of aiy of.:Uie proRcsed.l~%8 nnife rigiat~nlrigM-crut a-~y+~!~~s.• ~ pisfiiet:recogil}~s tfia~• uttibatery-the•decisiora fot~the acces.point$ on Eagle Road will •be .made by the~City of ARef€dian and ITD. However; the Disiri~t pursued tAe.designatiori :aTtd ti'ie:req~Jicemet,~~fo~the•~~ mite collector streets•(River Vatley and Allys Way/RecdrefsAvt~r~-~e) in ~ortier:to pr~ovii$e alternatives for actress, ra#ttet' •tMair granting addltipnat access polrtts .to the State l:;itghway systerii. TFiese corram®rats. aie• preliminary' th •nature, ~ar-d•~fhe District:anfT • •analyais:after• the a~piicant has provided ttze•• ~ ~~ s4bm~Nng. a inorE coinpiete necessa~r traffic irnpa~ study, ff' jrou have. city questiori~, plea8t~it3el f ee to~ cur~tact me at 7UB=387-6171•. S'incerety; Lori~.Den E~artog. Planning Review ~Stipervisor Right=vfulN.ay":8 Development Serdicas CG Project fife Exhibit B i 5. IDAHO TRANSPORTATION DEPARTMENT .:lDAirp. •• •.~.. .~ ` P~~~~ Aa`10N.'O~Q (DAN4 .RAN5POR1''A'TtON DeP/IRTNlEHT P.Q fox $02@' •9biSs, It)' :83707-2028 f2o81 a3483o0 ~peceml'er b, 2007 ~ 2(~Z .~~~ ~ ~,~1Dp City bf l~eridiaiy. U~ ~ Z~~ P.lartni. .D ar~ietit [~^`~.``u ~. ~~~ ~~.r- •6.6Q~E. Watertovt!~r• r,anc $uife x.02 meridian; Idalier.836.42 SAX 8$$=6854 lees I:tSCaton; N'-0VC ~ i~iEC oi'1~: EagleRoad snd~E. Fairview Avc. Nlex+~tan -(',~rr- Le!rkr Itatite:~S~#'•S5 ~ 13:Q95 'I~atne: Centcrcal Properties, :1Jl; Case No; W~ a7-U17 •Fearing Data 7anuary; 8, ZOU8 lllear Zodi•ng.Adntipisfrator.; 7fiank .you. for the oppgrtunitj• •to 4Um11geiK on •Ihis s-pplY~tion. Vlre tag reti'uesting• tlist this varianee .application be.deniea,. Access: to :Eagle >~diid sftould Abe at locariorss. that cbiatply with the I?'D,aecsss pal~cy•und Ehe.]va:~le 1€oad Tofrasttvcttire Rlan tiniy. Any aad sill access pei.OtsE and any other amenities aucli• a$ tandsi~ping ~ itlvn. tIic reght Af'dVti) ; ~vil~ recjvire ~a permit frortt i~~ .Access issues sliouYd~be resolved as ~Qt~ ay .possible ,Artywoi~done•oatlie. _State.•Itglit nfWay-will t'eA~c a•pertnit: Pennitappi;c~tions are a~~ailable-from t}ti.s. o1~•lca. Plexae hax>c•theappl{ca~.t conf~i~t.Matt Ward ~at 8.l Sf~'<rlu~iden Blvd: 83.714.i~. $oise.pr r:all'(208) 3.34 :$3~1 ~o obtain a l?eimit:aliplication. If yot7 i-age any questions: plettsse call mo at 339=$.901-: Sincerely, 'Ptii~l. ~Gltoate ~ - S.~igr Ptaaner Exhibit B ,r • - C. Legal-Description & Exhibit Map ~~f l ®~~ e • $oundstry AescrlpHon Mert+~tan'Itowrt. Ccnte>r= Rczoric ~'ob fib: 607T070:Ob . A pafcel •bf lend situate n••[!ia east half of the soutkteast.9t-arter• of Section S, Township 3 1!14rtb, Raoge.l. East, the-soutiiwest gnatter:and the ~eyt•halfo/'thesQutBviest~arter,.offHe southeast gu~~ of Section ~E; Tow.;nship 3 ~lortli, )Za>tge 1' ;E~st,l3oise tVltxidian, Ada Cotiiity,.Idsho, >tttd being.tnorc part.eulaxlp described a~ folloe$: «.: . .LAN{I ~=cittuflbncing tit.a brass•cap~ma~ing.~e.apuHieast corrieYOfSecttoti ~, Toumsliip 3 NQra1, .PIANNI?IT [tango 1 East, Eoise Meridieu, the POIIVT OP BEC~~, -t'DVCi?: . T'hehae.389°46'Sd"GV. a•32^L.i :1 t'eet:al6ng..thesouth line'of the east halfof the ,~r; southeast Auarler of $eetion 5: fo the soutba+eat ctatner of t}1e.~t half.Of`Qte sputlteast' ¢,w. 9a?~ bf Section S; - E~!'014 q'gpIN,C} ~ ?ZieticG'>~Qp`t)f'36''E; 4:28: feet along•tlie west liaeQ:f the oast halfof the southeast yaartee of<Section S~ to: a S/$' i•noh rebnr oit the aprth right ;bf-any lino: of East Fsirgieu+.AVet}ue; . ~r c.:~=a~Rr= T'hencelV(js)°06'SG'E,1S¢5.40•feet.alQagtliewestlineofttie•ea5c•halfofthe' 'A90Fil'[Q1.1(N6 soyfheast•quarter o1'Section.5 ~t08'$/$ iach rob@n' •Packard Subdlvisioti A19,. 9, :B.goi~ 8•~'of 1?lats•e't P64tho southoast cArnet•of S4 . . t'eoords of..Ada County; -~ 1~' > ~! 'trFteace ATOQ°ty7' 1-3hL, 717.:651 feet along the east: line oEPacfrard.•Subdivisino No. 4, 4.N'n ~ to-a S/8:iitch rebar marking the •southeast coiner of P.ackaid Sulidivsion No: 3, Book '6LNVks 80 of Plats.~at Page 8.68?; 1'ecoIds of Ada~Coti~tty; ~~?~ NOt?'07'13"E, 29:31 feet alongthe east ligeofPecka~d Subdidision,No. 3', ,,~. to -the south •right=of-~;iay lime of ~i Chateau Drive; Ttienee 1V89°5'1•'04"B; 97.35 feet al'ong:tlte south right of-w,ay line.of:Easl Chateau .Drive; i ~.iaeai+v~~a~~sueto~ ~aylaJp •63696 fN 208Ra6.830Q; 'F% ~Ol<d6s~Q• 'w.fra,wr3beclar+.ajm •14~r;wtpBudOn.som 7'~tence .l>pg,46. feet-qu a eurye to ttte lei having s iadus 7g.t)tT feet, a.•ceritrel,mnSleoF• 90§t)prOp", a.eFiord bearing of ~N44°•51`06"E; acid a cFxotd• leng#h .of9H:9.9 feet, algng Said tight=of-tvayliae Thence Nt10.9p8°'S4"W, 289.$7 feei alang•the said: east rigl-t~f-:way sine to the.not'th line o£the:eask ha11:~~.the~ southeast quaifer of.Scction 5; Theatce:N$9°55'28"E, 721.2fj fe~t.aiong~the notfti Title _of fhe•easi halfof the ~tttheast quarter of 5ecdgn S; Z'ttence'•SZO'i~4°•1~l'~y 4g;gq feet; • Page 1. af3• Exhibit C i i1~Iezid_ian Tow-i trettl'ci rteipri~ aQptnue5t, .: Y~jj ,; .. APP l~A~ ;at,~u ~ ~ ..~ri~ ,:`.:ir0.N s ~Sy ~G ~~ 'T'hence Tf8S?°5~'ti$"~, 356;73 feet parall'e) w+it7t tjtengzt~ 1i~ic ~f-i$e east batfof the stititheaSt quarterof°$eciion S to dht; vyest iighi-of-oYay Mine of 1Vor4h: E;aEgleRo~c2; Thence V89°SS'28"L, 70.pp feet paraliet with the north litre of the east half of the, southeast quarter of Sectioie S to the West line c~f:the satinwest gtwirter of SeeNbn: 4; Therioe ~Tt?0° I p'g3'"I; 45:t)t). •feet along the vyest line of ~the,southwest Section ~ t4 ~ bca'ss eap.niartl.~ing tFte ro+!egt quarter-section: comer of S a ~4 of Theme-N•$9°51''01"E, 70,p0 :feet aJgng ~e nd~ Mine of the southwest quarti~i- of Section 4 to .a brnss c~ ri~1-1-0~ wtiy rnttr~ument, ~$tatian ] 42-~2G:S,.:on the east tight, of-wayIine ofNv>?th Eagle Road; 17iehce I+189°51'Ot"~, .1258.28 t~ along. Abirth Dine o£the southwest quarter of ~~i~tibn.4tu as Sf8 inch rebarmaeking. the:cents;=we8tsixteenth-section comer; 1?henae N89°50'47"E, 133.Q,68 .feet-along the north Line' of. the siiutrt~vest quarter of Sec>ori 4 to n 5f8. inc}a reb8r inerkipg.'We northeast writer of~tlte southwest gCterfer of S.ecfion:4; Thence SUO°1~Q'49"~V~ I314.73 f~ alang•the east line q1? the southwest quarter of Section 4~to,a 1!? irie~ :rehar intaa~king ~ soiitliwest coziier of Clover MesdovE•s. S.ulidivision No.. 3, Book ~4 sif Plats aYl?age 1524; xeconds of Acla County Thence N89°58'34"E, 662.97, :feet along the south line of Clover Meadows Subdivision 't`to: 3, .to,a t~f2 itch rebar matlc~ing tt~e northwest cozpe~r of Venture Su>divislon, B.aok29 p~platg at I'age.17Q4, records ofAt1Q•Cvunty, Thence SOGA04'25"W, 1.266.52 .feet along the west lire df Verat~ •Spbdivisi¢n tg the north rigtixof_way line of lyast ~'aiiview /~verinel Thence cgntinuiii~: S.(~Oa04:'2t;'d1ai, 57.74 feet to rho south line dPS~iiim 4,; 7'hence..IV89°4ti'3~"Vin; .¢~.7g f©et algng-the spttih linepf gti~ toast hnlf of the sbuthK~est qu* Qf the southeast:.quartar of Section 4 to a Sf$ inch rebar maiftin~ the south:.quarterzsection corner of$eetiori ~:;. T'trea~ce:N89°4('l'7"W,.26S9:5] feei• along thesouth lins.of the southwest qu~#~ Section 4 tp khe ~OII~'T.QF:I3EGIIVi~ilv(.,, ~'he..abov~-described parcE) coiitaiias 25$,3q .ate, amore or:Iess: St#.b~ect to any.eRistyng eas8ine~tlr ori~p~its=afwey:of reffordor, apparen!» i~ .. • ~~ :P.age2:pP--~ a ,est. ;~ : -~ . 'i M ~.. Exhibit C • RE.1F1.. VAL. t~1% • ~U~ ~ •~ • _ - - na~>~Id1Ahf'PUHkIC -~ ~ .. cv(tk"KS DPPY. 3GA2E J =5A0' .L7 6 _ .. ka's 60D• ~ _fpp .. .... ~ .. i~ .. . ~~ "L71 '~ _.: Sua]]ail CVIflBf o[Sa -Cuai(etSedinitQare7 ~+ '"" -69w!a7on~r IJne i ~' . ~Lt{VE. U181,~ ~ft9~C(b~uonaws.SoLd:+~im UNE- BFAILWC' N 1H ~--R--~-~--.. ~- la .. ~ Bassi .,~.. ~ '' o . ~J •. i'u'~i~ -970701{. ~ ' `•i n ~~}} f if{ iy '•~N,~~~6Q'Ii~~+ ~7 •'1Y • ~ J~ ~.~ 'q e}~ V& '.BS . ~ .. .. .. .. .. ::: .$ 4 - 61 ~ _ .. .. . ~t8 . . 8o9is Oi; goring •E`~'airviaw .AVC .9 to _ . .... i~ •. ~ ~ ~._ .. tYI~EXATION EXHIBIT PROJECT ~1Cj.6077070.00 •'::~,: ~ '~~~ °. ": - . ; "' °, ;A11EWDlAR1: TOINNCEN`fER "~sa~: o~°h6~o~ .•~s Eve ngre.cre~. air >~e,» as~e _ . . _ .. _ . :sY DWS r~t.aoa2~m. Fn+e zgsa<ess-ro~ CET178iCAL ~L.F_C, •S•CAt.iC f" - •600` , ' wiwiw'u'a~ii°-"y"°ran"a""~+?"°'•`°°°'. fl~D1AN::iDAFiO SHEET' NO. 1• `,CtIRyE 1"~BL•E LfNO1H' :RADI[iS~ `.CfLfll. BEARIAC : CHORp " ...1 .9B.: ~ )0:00 .. AO" ~l{{- L 99 Exhibit C ~ ~ • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to C-G. The City Council finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report for more information. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; No development is proposed concurrent with the zoning map amendment. The City Council finds that there aze several uses that are allowed and conditionally allowed within the requested zoning district of C-G. If the applicant complies with the conditions outlined in the development agreement, the City Council finds that the proposed commercial district will be in compliance with the specific district regulations. The City Council finds that future development of this property should comply with the established regulations and purpose statement of the C-G zone. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; If the applicant enters into a Development Agreement and complies with the provisions, the City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this fording. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The C-G zoning amendment will provide commercial area that is similaz in nature to existing and proposed commercial development in the vicinity. The City Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. In accordance with the findings listed above, the City Council finds that Annexation and Zoning of this property to C-G would be in the best interest of the City, if the applicant enters into a Developrnent~ Agreement (DA) with the City, as mentioned in Section 10 of the Staff Report. Exhibit D b~ • CITY OF MERIDIAN PLANNMG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006 E. Table of Proposed Uses Code Type Use Retail Office Residential Other Comments P Animal care fac11ity1 X P Artist 5tudiol X Arts, entertainment or recreation P facility, indoorsi X Building material, garden P equipment and supplied X Church or place of religious P worship.l X Civic, social or fraternal C organizationsi X home daycare is residential; otherwise A/C Daycare centerl X daycare is office. Home daycare is A/C Drive-through establishment) X X actually daycare, family or daycare, group. P Education institution, private) X P Education institution, publics X includes home/household, personal use, Equipment rental, sales, and and office equipment businesses; C services X excludes farm, industrial, .and heavy equipment or machinery businesses a bank is retail; a mortgage or security P Financial Institution) X X broker or other financial institution P Flex space) X is office P Fuel sales facility) X P Healthcare or soclal services X C Hospital) X P/C Hotel and motel) X P -Industry, information) X P Laundromats X P Laundry and dry cleaning X C Multi-family development P Nursery or urban farrnl X X P Parking facility We generally consider this accessory to P Parks, public and private X the use. P Personal or professional service X X P Public or quasi-public use) X X classification depends on general nature P Restaurant X of use P Retail store X Vertical integrated residenntial P project) housing portion. Integrated non-residential X uses count as retail or office as appropriate. LEGEND permitted (P), accessory (A), and conditional (C) s at end of use title implies specific standards for the use exist in UDC chapter 4 Exhibit E ~ ~ • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006 ADDITIONAL Accessory uses allowed in C-G zone but not shown above are permitted if the primary use is allowed. Uses not listed above but otherwise allowed in C-G zone may be considered by modification of DA. Uses classified as "Retail" or "Office" above count against total allowed retail or office square footages; "Residential" and "Other" uses shown above do not. Exhibit E CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY Z, 2006 F. Residential Properties at Time of Annexation (DA #2) Exhibit F ~ ~ Exhibit D Residential.Lot Lines ..._, -_ W ~.._ Rl ~_ _ i r i - ~W ~~ ' ~ is-i=, ~.: . t - !' (IC ~ 1 ~,,~ i ` ~ _99 I 1'.....e ._._~ '~Z 4. ~_ - t - -- is i...' ' f . ,~ _ ,~ ~ i ~. ~L-~ BU -- ,° , i . ~.. f ~ ~• ~ J ___,a t~RUrrl c -i.. \ _ i~ - s ...a. << ~F r ~r ~i :~ ~~.. ~ W ~,v~~R~2D. ~~ -~ ~ W ARDYCE~DR ~ I- 6 , . .W ABI~h1M DR ~,~ _ . i _ .. W Gl~sd~ea .tee .>,: ~o treat • • January 23, 2009 MERIDIAN CITY COUNCIL MEETING January 27, 2009 APPLICANT ITEM NO. ~-K REQUEST Resolution -- Donation of Computer Surplus to Historical Society AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: See attached Resolution ~ ~~~ ~~ INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: MaterGais presented at public meetings shall become properly of the City of Meridian. • ~ CITY OF MERIDIAN RESOLUTION NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, SETTING FORTH CERTAIN FINDINGS AND PURPOSES TO DECLARE SURPLUS PROPERTY AND AUTHORIZING THE MAYOR OF THE CITY OF MERIDIAN TO DONATE COMPUTER EQUIPMENT TO THE MERIDIAN HISTORICAL SOCIETY. WHEREAS, it is in the best interest of the City of Meridian to declare that certain computer equipment, one MPC Clientpro 345 Computer tower, Asset Tag Number # 04578, Serial # 3860917-0001, Model #D865GLC-ODYD, & one MPC computer, Serial Number: 3494919-0001, City Asset Tag: 1726, Model: D865GLC-ODYD, hereto are surplus property, as these particular items are no longer needed or used by the City of Meridian; WHEREAS, the City of Meridian's purchasing policy allows s lus Ci urp ty property to be donated to charitable organizations when the value of the property in question is of nominal value, that is, valued at less than the cost of disposing of the property; WHEREAS, the cost of maintaining the computer equipment listed herein until it were sold, if it could be sold, exceeds its value to the City of Meridian and would result in the unnecessary expenditure of City funds; and WHEREAS, the City of Meridian desires to donate the computer equipment listed herein below to the Meridian Historical Society, anon-profit charitable organization exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, the stated mission of which is to investigate and preserve for future generations any kind of historical records, documents, sites, buildings, articles and artifacts pertaining to Meridian; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO, AS FOLLOWS: Section 1. That the Mayor and City Council hereby authorize and declare that the computer equipment, one MPC Clientpro 345 Computer tower, Asset Tag Number # 04578, Serial # 3860917-0001, Model #D865GLC-ODYD, & one MPC computer, Serial Number: 3494919-0001, City Asset Tag: 1726, Model: D865GLC-ODYD, hereto are surplus property. RESOLUTION AUTHORIZING DONATION OF SURPLUS COMPUTER EQUIPMENT TO MERIDIAN HISTORICAL SOCIETY - 1 of 2 ! i Section 2. That the Mayor and City Council hereby authorize the conveyance of the computer equipment listed hereinabove, for no monetary consideration, to the Meridian Historical Society. ADOPTED by the City Council of the City of Meridian, Idaho, this 21~ '~ ~ day of ~ ~'- , 2009. T APPROVED by the Mayor of the City of Meridian, Idaho, this Z~ day of v Qnua , 2009. APPROVED: ATTEST: By: Jaycee .Holman, City Clerk y~ Mayor T de Weerd `~~~~TFO ~~~~L) _ ~ ~~ ~i~9Q ~T ~S~ ~~ ~~\`w ~~~~' ~ ~i.lNT`{ ~oP~~` e ~~~~~eii~i~nt na~~~~~~~~°~ RESOLUTION AUTHORIZING DONATION OF SURPLUS COMPUTER EQUIPMENT TO MERIDIAN HISTORICAL SOCIETY - 2 of 2 ~ ~ January 23, 2009 MERIDIAN CITY COUNCIL MEETING January 27, 2009 APPLICANT fTEM NO. 5. REQUEST Sanitary Sewer and Water Easement Agreement for Emerson Park Subdivision No. 2 by Kuna Victory, LLC AGENCY COMMENTS GITY CLERK: CITY ENGINEER: See affached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Emailed: Phone: Staff Initials: Mafedals presented at publk -neeflngs shall become properly of fhe CHy of Meridian. . ADA COUNTY RECORDER J. DNAVARRO AMOUNT .00 f BOISE IDAHO 041109 10:45 DEPUTY Randy Jennings II I I I Il II ~ II l Il I I III l I II ~ lI ll I I I I I'll RECORDED-REQUEST Of Meridian City 1~'~~~~~~$ SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made thi~~ day of 20Q~ between Kuna Victory, LLC, the parties of the first part, and hereinafter called the Gr ors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of--way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement Meridian Sewer and Water Easement (2) • THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTO Press ~ L~., /!1'~J ~ ~f~,.'~' ~ ,~~~y~~ ~ ~' (, ~A Se- etary STATE OF IDAHO ) ss County of Ada ) On this ~ day of 20~, before me, the undersigned, a Notary Public in d for said State ersonal a eared and r rr ,known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunt d and affixed my official seal the day and year fist above written. ~ KIIVI~ERLY CLARKE Notary Public NOT P ILIC FOR IDAHO Sfafe of !d®ho Residing at: ~ 4' °~ Commission Expires: Sanitary Sewer and Water Main Easement Meridian Sewer and Water Easement (2) C GRANTEE: CITY OF MERIDIAN `.```'`~~~~rr~ir,rr,r,,,,. Tammy de Wee ayor ``~~~• ,` D~ ~~`Oj,9~,,~/s'/ .~ ~' ~ CFO `, /~= ., ~ Attest by Jaycee Holman, City Clerk Approved By City Council On: ,~~~L 9 04~' r psi rrrnn~i~~~~~ STATE OF IDAHO, ) . ss. County of Ada ) On this~day of ~~ , 20 Q ~ before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, 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. (SEAL) a ~ e u A 0 / ~ '~, i ~ ~ ~~;• •ee®®. (~crtl~7~~~-6~ NOTARY UBL C FOR IDAHO Residing at: ~ .~~ ..,~.d,~.a Commission Expire : ~-,Z,~- JZ Sanitary Sewer and Water Main Easement Meridian Sewer and Water Easement (2) i TOOTHMAN-ORTO101 E.'VGINtiEItING COMPANY Project No: 07068 Date: November 6. ?008 Page: 1 of 1 • EXHIBIT '~A" 5e~~°er & Water Easement [h~seription A variable width strip of land being a portion of Lot 4, I31ock 1 of >LT[1SSELL CORNER 5[_iBDIVISION, filed in Book 95 of Plats at Pages 11624-1 i 626. Records of Ada County. Idaho, Iex.ated in Government Lot 4 ot'Section 19. Torynship 3 North, Range 1 Ease, Boise 119eridian. Cite of Meridian, Ada County, Idahv, being more particularly described as fullo~~s: COlV1MENCI~TG at the Southeast corner of Government Lot 4 of Section 19. from which the Southwest corner of said Section 19, bears 5.89°42"~''"W., 1130.31 feet: thence, along the East tine of said Government Lot 4, A) N.00°29' 16"E., 48.00 feet to the Southeast corner of said I.ot 4, Block 1 aF NIUSSELL C'(7RNER SUBDiVISInN; thence, along the East line of said Lot 4. also the East lirn: of said Goy ernment Lot l , B) N.00°29' 16"E., 230.00 feet to the POINT OF BEGINNING: thence. 1) 5.89°59'31 "W., 418.x0 feet; thence. 2) S. 04°24'57"E., 15.35 feet; thence. 3} 5.85°35'01"W.. 9.00 feet: thence. 4} S.65°i 1'21"W.. 38.41 feet; thence, 5 j 5.85°35'01 "W., 9.00 feet; thence, 6) N.04°24'57"W.. 63.02 feet; thence. 7) N.$9°~9'3l"E., 474.73 feet: theme, 8) 5.00°29'16"Uv._ 30.00 feet to the POINT OF BEGI1riNiNG. CONTAINING: 1 x.508 square feet, more or less. SUB.IECT TO: All Co`•enants, Rights, Rights-ol=~'ati~• and Eas~monts of Record. Reference is made to a map entitled. "Exhibit B-City of R~Ieridian Se~~er~'W'ater Easement. `c'hick is hereby made a part of this description. ti-il}7UG81N~'Piilrs~tiUHYI;Y t)ESl'RIPTIC3tiS~~2:~:h:1-S+:w~r & `~'~tcr Ls~iu.~a / ~ _p _ ~.~.~ ~~.w~ ~~ Y ~ W U ~ OOH J~ mJ(Q-ll J Z m N W W N o J~ z ~ el} ~'-~ ~ ID a• ~ !-- oo~ tWfl tWff ~ p ~ g Q~~ t/ ~ a ~`~` ~ ~ ] a ~ m ¢ W ~ A ~ ~ ~ 0 ~ °a 0 °2 0 ~~~ ~ ~ p}°"~ ~ 1 ~ ~Q~ ~ ~ \o~~Q ~~ _ ~ ~ o. ~ w ~ P© ~~~~~ U~ ~~,d oa ~ ~ m A°~~ ~I ~ ~ v~ O ~ y W V (1: ~ ~ ~ tg ~0~! ~y~y v~ ZJ W [~ J ~o Z ~ ©~ WN ~ ~ ~ -~.7 A _ ~~ U ~ p p a ~ ~ « E-+ S O Q~ '' F G1r d -, -~ ~ d rr W ®-~- a M ~ 3„9 L,6ZAQty .~ ~~~. ~1 ~~- ~ :~ ~~~ ~. \~ n~~ o o . ~~~ ~ ~ ~ ~ a ~ ~~y o~ ~ ~ ~~ w~~~3- ax ,~~~ = ai~ a, ~ w ,h o °s' .. o ~ a zh~ ~ ~a i ~~~~ w ~ ~ ~~-- ' ~ ~ ~ '~ d 7 O O O Q ~ M ~ ~ o ' M ~° ~ W c}- n ) t0 M LJ J W ~S '~ ~ °i S^a 41 Z ~f? O N O t[) W ~ ~ ~ ~ 6~ ~ z ~ N N N N1 ~ M N ~ m b ® O ~f- O en o~ tfl ifD ~ d' O Z Cn Z {JI VS i.7 tfD W ~ ~ N ~''D CI' e!T c0 h J ~-- J J J J J J - - P1 ~ S ~; ~ ®• .a U • __ 5 ld ~ad0~ 5 ~ ~ O .~ U C] O °~ ~~ ~~ ca ~ a ®~ '~ z ~°o a~ a I s~ ~, _ J ~ ~ --~ ~ ~ Q~d~Z \ ` ~- - - _ c9 do \ --~ ---- s ~~ ~ N N p' V' 1 ~r~j ~•P ~. ~~~ o ~~~ V ~N N t~ g~~ ~ a ono ~ Td d _ ~C2N~ a ~~N~_ w~~. H N N o ~~ i ,°~~ ~ L`u ~ ~ 0 n G as z ~ o ~~°~ H W~a w o° O a Parcel name: SE4JER-UTATER ESMT North: 696701.78 I;ine Course: S 89-59-31 'bd North: 696701.73 Line Course: S 04-24-57 E North: 696686.39 Line Course: S BS-35-O1 4+1 North: 696685.70 Line Course: S 65-11-21 W North: 696669.58 Line Course: S 85-35-01 W North: 696668.89 Line Course: N 04-24-57 ~+1 North: 696731.72 Line Course: N 89-59-3I E North: 696731.79 Line Course: 5 OD-29-16 Grl North: 696701.79 Last 2455579,42 Lesagth: 418.00 East 2455161.42 Length: 15.36 East 2455162.60 Length: 9.00 Ea.et 2355153.63 Length: 38.41 East 2455118.76 Length: 9.00 Last 2455109.79 Length: 63.02 East 2455104.94 Length: 474.73 East 2455579.67 Length: 30.00 Fast 2455579.41 Perimeter: 1057.54 Area: 15,508 5q Ft 0.36 Ac. • ~iapcheck Closure - (Uses listed courses, radii, and deltas, Lrrar Closure: 0.01 Course: N 50-37-56 W Error North: 0.004 Fast -0.005 Precision 1: 105,754.00 • SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made thi~~ day of 2~~ between Kuna Victory, LLC, the parties of the first part, and hereinafter called the Gr ors, and the City of Meridian, Ada. County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of--way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer-and Water Main Easement Meridian Sewer and Water Easement (2) THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. O STATE OF IDAHO ) ss County of Ada ) On this ~ day of 20 before me, the undersigned, a Notary Public in ahd f or said State, personal ~ appeared ~`~~ and known or ideTnti~fi' e~d-to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. ~~ GRANTEE: CITY OF MERIDIAN Tammy de W Attest by Jaycee Holman, City Clerk Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada ) i `~~,,,-- u i ~ ~ r r ~,,1i~,,> ~ d~9 ., sq~% ~'~s r~ ~~ o ~ a g ~ ~~~~ ~~y,~ ~°$ \"T 1ST ' A`~°_.`` i~~~r1jrd~®~it~~~~ On this~day of-~~%~ , 20 Q~ before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, 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. (SEAL) _ ~~• . • • ~ s ~a ~i ii, +~ l~l~=~O~~i •®^.®s Sanitary Sewer and Water Main Easement Water Easement (2) NOTARY UBL C FOR IDAHO Residing at: ,~~A Commission Expire : ~-~~{ IZ Meridian Sewer and T(lOTHMAt~f-[)~`i'ON E~iGINEERING t~QIMPAh'4' Project No: 07(?6$ Date: Nat•Lntber b. ?008 Page: 1 of l ~~ EXHIBIT `•~" 5e»er &: 1~1~ater Easement Ueseriptian ~ ~uarablc 4~idth strip of land being a portion of Lot -1, Black l of MtTSSELI. CORNER SLIBI3IVISIt7N, Fled in Book 43 of Plats at Pages l 162-1162b. Reiords of Ada Count,-. Idaho. located in Gavenuneni Lot ~ of Section 19. Tc>t~nship 3 ~ierth, Rangy; I East, Raise Meridian, Cite' oflVleridian. Ada Count. Idaho. being n~ortr particularly described as folIo«s: COl<IMENCING at the Southeast earner oi`Go~-ernnzent Lat ~ cif Section 19, tram «~9tich the SuuthEV'est earner of said Section 19. bears 5.8~°~2"''2"'~t~." 113().;1 feet: thence. along the East line of said Government Lat =d, Aj I~I.00°2R'1b"E_, X8.00 feet to the Southeast corner afraid Lot -t, 131t~ck I of tiiC'SSI=LI~ C'QRNIdR SUBDIV1S1f)N; thence, along the East line oi'said Lai ~. also the L-:ast IinL of said Goi~ er3unent Lot 1, B} N.00°29' 16'E., 230.00 feet to the POINT OF BCGINNING: thence. i } S.8g°5y'31'°tA~.. X18.00 feet: thence. ?? S. 04°2=1'~7"L., 1.38 feet; thence. 3) 5.85°35'O1~'Vl~., 9.OQ feet; thence. ~j 5.65°11'~I"W.. 38.1 feet; thence. 5) 5.85°35'01 "V4'.. 9.00 feet: thence. 6) N.0~°2~'S7''V'a'.. 63.0? feet; thence. 7). N.89°5'31"1±., ~#7~.73 feet: thence. 8p 5.00°39' 16"lA%., 30.00 feet io the POIP\'T OF BEGIN1Mi1NG. C'O\tTdINII~dG: 15,?OY square fit. snare ar less. SUBJECT TO: All Covenants. Rights, Rights-of=~'ay anti Easements cif Recarc~. Rbfcrence is made to a neap entitled, "E~hibit S-Cit~r of'R-teridian Scu~ertVt%ater Easement. ~chich is Ilereb}' made a part of this descriptiaaa. (i-ii)7F1blC4tiY't~testiL~R1~`k;Y t)ESt'R{PTIC~:ti.~`r'+I~rh.'l-Srwcrf( `ti'aterEsmt.&~ Parcel name: SEWER-utATER ESA'IT North: 696701.78 Line Course: S 89-59-3Z W North: 696701.73 Ta~2`~e Course; S 04-24-57 E North: 696686.39 Line Course: S 85-35-01 W North: 696685.70 Lane Cr~urse: $ 65-11-21 W North: 696669.58 L1xae Course: S 85-35-01 W North: 696668.89 Line Course: Id 44-24-57 W North: 696731.72 F;irae Course: N 89-59-31 E North: 696731.79 L%ne Course: S 00-29-16 W North: 696701.79 Easy 24555?9.42 Length: 418.00 Bast 2455161.42 Length: 15.38 East 2455162.60 Length: 9.00 East 2455153.63 Length: 38.41 East 2455118.76 Length: 9.00 East 2455109.79 Length: 63.02 East 2455104.94 Length: 474.73 East : 2455579.67 Length: 30.00 East 2455579.41 Perimeter: 1057.54 Area: 15,508 Sq Ft 0.36 Ac. P~lapcheck Closure - jUses listed courses, radii, and deltas) Error Closure: 0.01 Course: A7 50-37-56 W Error North: 0.004 East : _0.005 1>recisio~a 1: 105, 754.00 • City of Meridian Public Works Dept. Memo To: Mayor De Weerd 8 City Council From: Kane Glenn CC: File Date: 1122!2009 Re: Proposed Agenda Items for January 27, 2009 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the January 27, 2009 City Council agenda, on the Consent Agenda, for Council's consideration: 1 } Sanitary Sewer and Water Easement for Emerson Park Sub #2 by Kuna Yctory, LLC. Typical Sanitary Sewer and Water Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Easement for Emerson Park Sub #2 by Kuna Victory, LLC and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 • • SANITARY SEWER AND WATER MAIN EASEMENT THIS Ir1DENTURE, made this day of , 20 between Kung Victory, LLC, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of--way across the premises and property hereinafter particulazly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee theright-of--way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXI-IIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement Meridian Sewer and Water Easement (Z) • • THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. L~ r -~--- v Secre STATE OF IDAHO } ss County of Ada } ~~~ ~~~~• On this ~ day of , 20~ before me, the undersigned, a Notary Public in d for said State, personal appeared % ~.Y'i [L ()~tGLS' and known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunt¢set my.band and affixed my official seal the day and year fist above written. ~` ~ ;; ~' ') 1 \ A KIMBERLY CLARKS Notary Public NOT PUBLIC F R IDAHO State of l~aho Residing at: ? ~ Z Commission Expires: Sanitary Sewer and Water Main Easement Meridian Sewer and Water Easement (2) ~, • GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by Jaycee Holman, City Clerk Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada ) On this day of , 20_, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, 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. (SEAL} NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Sanitary Sewer and Water Main Easement Meridian Sewer and Water Easement {2) ~ i T007'NM~1!~i-ilft'fUii k:1(.J?!~k:k.Etl!~t: E.tf.Nil':~'.\lr i't't,jc'it :fit,: {17i)fiK I )atr: \e~~ rttth~r (i. ?t}t3R 1'•t{~t:: 1 t~l' I I:~I lllil'1' '•A" ~~~~rr ~~ N'atcr I'.i14t,'.1tlJllt i)t'tiil"i#~ttlHi :1 ~ ari:thh: ~~ itltlt stri4~ t+f iurnl hctn~ a ixlrticm +,f l.t+t a. liluck I t,t~ Ill `titila.l . 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"l:xhihit I'!-('it• ~+#~tilirittian ti~~~ir \~";tt~r #:a~inlittt. «hic:h i~ Itireh~ ntaCii a mart c,i tltia ~ii~irii'titnt_ .. ~~~ .a 731 fi sd~ ,. ; '• !! ~ ~.r ~.~ fi0 J t r u'u+~S Ni'hlr; 51 R\ ! 1 ;tl a It~l'I ft ~» 1 tti.\-~.,~u .C'•t'aics I ~nH i'~K ~ .~~'r~ Of ~~' ;li. ~' ~_~ i ~' Y. U r ~.. R ' ~,Y , ~\ ~~~r~ ~ i. i, r. Z~ sJt_. .. G J ' -. a~ rn tr't p ~~L2 'FT..~i'1'\ V ~~ N ~\\ Cf.r t5~7 . 4_~.. ~ `Z i [y d~ M o 'R ~l ~1 ~ X02 J Z y J:r'•'~ i~.~ (Z,} m ~ ~ Fr ~ '~ '3 4 _ k vt tlf Z Z 2p ~ r. ` d ` f] ~ r"'~ ~ IX A a0 W ~ ~ °z ~ x f ~ } ~ ~ 3 {7} ~ ~ Lu ~ 1Y .~ . N CV ~ a z }I 3 ° ~ .a .-a O O f+ y + t2 .'t.... o ... ~.. ~.. . 3 ~ '.T~' ! is z o a W C~ ~ '~ ~ ~ rn .~ O "~ ~ ~ ~~~ orb ~'w ~ ' ;~ .1~ ~~ Cf^! r ~t ~! g =i ~• :~sI i 24 ~~ .... rr ~ •''• ill ~ Z ~ ~« ~ ' a. o r ~ ~.~ ~~~•~ir: p e~ ~ ~...~ . 1.. _ ~«aAa, ~.., ~„ ~ ~ ~ O ~ CA 4yt~'1 R X315 z~~ y~} r~ O E-~ 2 ~~~~ Cif -~•' by 6`'' •rr-- ,~ ~ w ~ -J w ....> . j o ~~ ~ ~ -~~~ ~ ,~ ~di `~d' ~1+ SZP~~~'~ a _ .. .. ._ - .-.. _ t - ?`T ~ _ _... .y- _ ._ y-`_' ~~. :„ ~~~: , i ~~._.. _ ~_ '!7 ti ; x L~ C ~ c.: ~a ~~ `` O~ 1 ~~ ca ~ ~ I ©_ ~` . N ~ r+~ r~ C d n~ i ~~~ Parcel name: SEa~ER-N+I~TER ESM'" Borth: 695701.78 E.~St 2~5v5'l';.42 Line Course: S 89-59-3. t,7 Lerg;,h: 418.Or North: b9674i.+3 East 2~}551E~.42 wine Course; S 44-24-5? E =,en^yt~~: I5.3$ Nort~~: 6966$6.39 Eas• , 4551£2.fi4 Line Course: S 85-35-G1 W Length: S.cn~ .forth: 596685.70 Eact 245553.6? Line Course: S 65-ii-21 *a~ Length: 38.41 North: 696669.Sa East 2455i18.7C- ':,ine Course: S 85.3.,-41 W Length: 9.OC !North: 59b66c~.8~ Ea~•t 2~551C9.?~~ Line Course: IN 04-24-5? W Length: 63.42 North: 596731.72 Eaac i~r531G4.94 Line Course: N 89-59-31 E Lengtrc; Y7~}.73 North: 696731.79 East : 24555;`9.6'7 Line Course: S 00-29-1b 'rJ Length: 30.40 North: 6467171.79 East 2455579.41 Perimeter : 105? . 5: Area: i 5, 5;:8 S., ~'t ~4. 36 F,c . hSapcheck C;,osure - ;JN•es iiste:~ courses, radii, and de:ta~,; Error Closure: 0.02 Ceu~se: ca 50-37-56 ro Error North: 0.404 East - -0.005 Prec_sion 1: 105,75.1.0 :7 • January 23, 20x9 MERIDIAN CITY COUNCIL MEETING January 27, 2009 APPLICANT ITEM NO. 5-M REQUEST Approve Meridian Rural Fire Protection District Resolution 09-001 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presenteai at public meetings shall become properly of the City of Meridian. MEMORANDUM OF UNDERSTANDING AND AGREEMENT WHEREAS, a certain agreement entitled the "CITY OF MERIDIAN / MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT" (the "Agreement") exists between the City of Meridian (the "City") and the Meridian Rural Fire Protection District ("District"); and WHEREAS, pursuant to the Agreement, the District pays a fee (the "Contract Service Fee") to the City for the protection of property, both real and personal, against fire and for life preservation services, which includes those services a fire protection district, in the state of Idaho, is authorized to and does provide (the "Fire and Life Protection Services"); and WHEREAS, the Contract Service Fee is determined, pursuant to the Agreement, as a percentage of the "Gross Market Valuation Percentage", the "Population Percentage", and the "Market Valuation", all of which are delineated in section 8 of the Agreement; and WHEREAS, pursuant to the Agreement, the method used to determine the Contract Service Fee is the method used to determine the funding of the Capital Outlay Expenditure budget as between the City and the District; and WHEREAS, the Agreement permits the parties to amend or modify, by written amendment to the Agreement, the method used to determine the Contract Service Fee and the Capital Outlay Expenditure budget; and WHEREAS, the City and the District desire to amend and modify the method used to determine the Contract Service Fee and the Capital Outlay Expenditure budget, between the City and the District, for the 2006/2007 fiscal year and subsequent fiscal years, as the term "fiscal year" is defined by the Agreement, by agreeing to a particular percentage allocation of such costs and expenses as between the City and District; and WHEREAS, the City and the District desire to make such amendment and modification because the City and the District, jointly and severally, through their respective Council and Board, find and conclude the citizens of the City and the District, respectively, will benefit, directly and indirectly, from setting, by agreement, the particular percentage allocation of the costs and expenses to provide the Fire and Life Protection Services in the City and the District, including capital expenditures, for the 2006/2007 fiscal year and subsequent fiscal years; and WHEREAS, the purpose of this Memorandum of Understanding and Agreement is for the City and the District to acknowledge and memorialize their agreement to amend and modify the method used to determine the Contract Service Fee and the Capital Outlay Expenditure budget, between the City and the District, for the 2006/2007 fiscal year and subsequent fiscal years by setting the particular percentage allocation of the MEMORANDUM OF UNDERSTANDING AND AGREEMENT, Page -1- • costs and expenses to provide the Fire and Life Protection Services in the City and the District, including capital expenditures, for the 2006/2007 fiscal year and subsequent fiscal years; NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged by the parties hereto, the City and the District hereby acknowledge and memorialize their agreement for the amendment and modification of the method used to determine the Contract Service Fee and the Capital Outlay Expenditure budget for the 2006/2007 fiscal year and subsequent fiscal years as follows. 1. Notwithstanding the calculated percentage of the "Gross Market Valuation Percentage", the "Population Percentage", and the "Market Valuation", as provided in section 8 of the Agreement, for the 2006/2007 fiscal year, and subsequent fiscal years, the applicable and effective percentage allocation, for purposes of the Contract Service Fee and the Capital Outlay Expenditure budget, between the City and the District for the 2006/2007 fiscal year and subsequent fiscal years shall be EIGHTY PERCENT (80%) attributable to the City and TWENTY PERCENT (20%) attributable to the District. 2. Said percentage allocation of EIGHTY PERCENT (80%) to the City and TWENTY PERCENT (20%) to the District for purposes of the Contract Service Fee and the Capital Outlay Expenditure budget shall be effective for and as of the 2006/2007 fiscal year, and shall continue for successive fiscal years, until such time as either the City or the District determine to return to the method provided in section 8 of the Agreement for determining the percentage allocation for the Contract Service Fee and the Capital Outlay Expenditure budget for fiscal years. 3. All other terms, provisions, covenants and agreements set forth in the Agreement shall remain and be the same. IN WITNESS WHEREOF, the parties have herein executed this addendum. DATED AND SIGNED this ~ day of , 2009. \``~"~~~~ururr'r~~' City of Meridian ~,oT~o ~~~~.e - Attest: _ ~`~ 9 By. % `o~eo,~ .~ Ci lerk '. ~UOVTY ~ .~ ~~''~~r„nr, o~~o~rr~ By Council Resolution No.: By: ~~~~ May MEMORANDUM OF UNDERSTANDING AND AGREEMENT, Page -2- Attest: ~„~--~ ( ~._.. By Resolution No C~~t- ~~~ Meridian Rural Fire Protection District Chairman MEMORANDUM OF UNDERSTANDING AND AGREEMENT, Page -3- Tara Green From: Bill Nary Sent: Thursday, January 22, 2009 12:05 PM To: Tara Green; Jaycee Holman Subject: Fw: Meridian Rural Fire Protection District / Resolution 09-001 Follow Up Flag: Follow up Flag Status: Green Attachments: Resolution 09-OO1.pdf; attc1 aa8.jpg Please add this to the consent agenda for tuesday. -----Original Message----- From: John Fitzgerald <jof@magicvalleylaw.com> To: Ron Anderson CC: Rich Greene <greenefire@clearwire.net>; Clair Leighton <terl8n@aol.com>; Bill Nary Sent: Thu Jan 22 09:53:10 2009 Subject: Meridian Rural Fire Protection District / 1 Resolution ~01.pdf (401 K Chief A derson: Bowman <cmbavalon@safelink.net>; Terry Resolution 09-001 Attached please find a copy of Meridian Rural Fire Protection District Resolution 09-001, adopted at the monthly meeting on January 19, 2009. John 0. Fitzgerald, II ~ __ ^~ attc1 aa8.jpg (41 KB) NOTICE: This e-mail, including attachments, constitutes a confidential attorney-client communication. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this communication in error, do not read it. Please delete it from your system without copying it, and notify the sendef by reply e-mail or by calling (208) 736-9900, so that our address record can be corrected. Thank you. NOTICE: To comply with certain U.S. Treasury regulations, we inform you that, unless expressly stated otherwise, ,any U.S. federal tax advise contained in this e-mail, including attachments, is not intended or written to be used, and cannot be used, by any person for the purpose of avoiding any penalties that may be imposed by the Internal Revenue Service. ********************************************************************* 1 • MERIDIAN RURAL FIRE PROTECTION DISTRICT RESOLUTION NO.: 09-001 A .Resolution of the Board of Commissioners of the Meridian Rural Fire Protection District, setting forth certain discovered inadvertences, findings and purposes; authorizing the Chairman and Secretary to sign aid enter into, on behalf of said district, that certain correct memorandum of understanding and agreement entitled ` ;;Memorandum of Understanding and Agreement" to supersede and supplant that certauz memorandum of understanding and agreement entitled "Memorandum of Understanding and Agreement" inadvertently execued under MERIDIAN RURAL FIRE PROTECTION DISTRICT RESOLUTION NO.: 06-U03 (the "Resolution"). WHF,REAS, in accordance with the Resolution, the Meridian Rural Fire Protection District joined with the City of Meridian, Idaho and executed a certain memorandum of understanding and agreement entitled "Memorandum of Understanding and Agreement", a copy of which is attached hereto as Exhibit 1; and WHEREAS, both the City of Meridian and the Meridian Rural Fire Protection District acknowledge and agree the executed memorandum of understanding and agreement attached hereto as Exhibit 1 is not the correct memorandum of understanding and agreement by and between them; and WHERF,AS, both the City of Meridian and the Meridian Rural Fire Protection District further acknowledge and agree the correct memorandum of understanding and .agreement, also entitled "Memorandum of Understanding and Agreement" and attached hereto as Exhibit 2, is the correct memorandum of understanding and agreement by and between them; and WHEREAS, it is in the best interest of the Meridian Rural Fire Protection District to join with the City of Meridian to correct the inadvertence of executing the incorrect memorandum of understanding and agreement attached hereto as Exhibit 1 by executing the correct memorandwn of understanding and agreement attached hereto as Exhibit 2; NOW, THEREFORE, be it resolved and the Board of Commissioners of the Meridian Rural Fire Protection District hereby resolves as follows: 1. 'I•o correct the inadvertence of executing the incorrect memorandum of understanding acid agreement attached hereto as Exhibit 1, the Chairman and Secretary are hereby authorized to joizi with the City of Meridian, and to execute and enter into that certain ix~emorandum of understanding and ageement attached hereto as I?xhibit 2, with the City of Meridian, and to bind the Meridian Rura} Fire Protection District to its terms, representations and conditions, effective Hunt Marv lunc December 11, 2006; and 2. The memorandum of understanding and agreement attached hereto as Exhibit 2 shall supersede and supplant the inadvertently incorrectly executed memorandum. of understanding and agreement attached hereto as Exhibit 1, and MTRID1nN RURt11, FIRE; PROTRCTION 1)IS'I`R1CT RISOLU'1'ION NO.: 04-001 Page -1- the memorandum of understanding and agreement attached hereto as Exhibit 1 shall be of no force or effect. PA:SED BY THE BO!~RD OF C0IVIMISSI~ONERS OF THE IvIERIDIAN RtiRAL FIRE PROTEC"LION DISTRICT the ~`~~ day of January, 2009. Meridian Rural Fire Protection District By: _ -=~ - Chairma~i Attested. ~~-~°~. c` ._. > -~._.._ ~~~~ Secretary n~IER}I)IAN RiIRAL T'1RT: PI20'I'FC:TION })ISTRIC`I' R1S0},UTION NO.: 09-001 Page -2- • MERIDIAN RiJRAL, TIRE PROTF.,C"PION DISTRICT' RESOi,iJTION NO.: 09-001 L;XTIIBIT 1 • 11/I~+ 1~~~)~ANI)~TM ®~ ~J~1I;~Ei2ST' ~~D~N~ A;I~D ~GR~E~EN~ WHEREAS, a certain agreement entitled the "CITY OF MERIDIAN / MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JO1NT EXERCISE OF POWER AGREElV1ENT" (the "Agreement") exists between the City of Meridian (the "City"} and the Meridian Rural Fire Protection District ("District"): and WHEREAS, pursuant to the Agreement, the District pays a fee (the "Contract Service Fee") to the City far the protection of property, both real and personal, against fire and for life preservation services, which includes those services a fire protection district, in the state of Idaho, is authorized to and does provide (the "Fire and Life Protection Services"); and WHEREAS, the Contract Service Fee is determined, pursuant to the Agreement, as a percentage of the "Gross Market Valuation Percentage", the "Population Percentage", and the "Market Valuation", all of which are delineated in section 8 of the Agreement; and WHEREAS, pursuant to the Agreement, the method used to determine the Contract Service Fee is the methad used to determine the funding of the Capital Outlay Expenditure budget as between the City and the District; and WHEREAS, the Agreement permits the parties to amend ar modify, by written amendment to the Agreement, the method used to determine the Contract Service Fee and the Capital Outlay Expenditure budget; and WHEREAS, the City and the District desire to amend and modify the method used to determine the Contract Service Fee and the Capital Outlay Expenditure budget, between the City and the District, far the 2006/2007 fiscal year, as the term "fiscal year" is defined by the Agreement (the "2006/2007 Fiscal Year"), by agreeing to a particular percentage allocation of such casts and expenses as between the City and District; and WHEREAS, the City and the District desire to make such amendment and modification because the City and the District, jointly and severally, through their respective Council and Board, find and conclude the citizens of the City and the District, respectively, will benefit, directly acid indirectly, from setting, by agreement, the particular percentage allocation of the costs and expenses to provide the Fire and Life Protection Sen~ices in the City and the District, including capital expenditures, for the 2006/2007 Fiscal Year; and WHEREAS, the purpose of this Memorandum of Understanding and Agreement is for the City and the District to acknowledge and memorialize their agreement to amend and modify the method used to deternine the Contract Service Fee and the Capital MEMORANDUM OF UNDERSTANDING & AGREEMENT' Page 1 of 3 CTI'Y OF MERIDIAN & MERIDIAN RURAL FIRE PROTECTION DISTRICT • Outlay Expenditure budget, between the City and the District, for the 2006!2007 Fiscal Fear by setting the particular percentage allocation of the costs and expenses to provide the Fire and Life Protection Services in the City and the District, including capital expenditures, for the 2006/2007 Fiscal Year; NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged by the parties hereto, the City and the District hereby acknowledge and memorialize their agreement for the amendment and modification of the method used to determine the Contract Service Fee and the Capital Outlay Expenditure budget for the 2006/2007 Fiscal Year as follows: I. Notwithstanding the calculated percentage of the "Gross Market Valuation Percentage", the "Population Percentage", and the "1~larket Valuation", as provided in section 8 of the Agreement, for the 2006/2007 Fiscal Year, the applicable and effective percentage allocation, for purposes of the Contract Service Fee aild the Capital Outlay Expenditure budget, between the City and the District for the 2006/2007 Fiscal Year, shall be EIGHTY PERCENT (80%) attributable to the City and TWEI~'TY PERCENT (20%) attributable to the District. 2. Said percentage allocation of EIGHTY PERCENT (80%) to the City and TWEIV'TY PERCENT (20%) to the District for purposes of the Contract Service Fee and the Capital Outlay Expenditure budget shall be effectively only for the 2006/2007 Fiscal Year. The method for determining the percentage allocation for the Contract Service Fee and the Capital Outlay Expenditure budget for successive fiscal years shall be as provided in the Agreement, unless the City and District hereafter agree to further amend and modify the Agreement as to such method for determining said percentage allocation. 3. All other terms, provisions, covenants and agreements set forth in the Agreement shall remain and be the same. IN WITNESS WHEREOF, the parties have herein executed this addendum. DATED & SIGNED this /~~ day of ~~'E'~~~''"~ , 2006. Cit~y-o-f-'Me Approved by the City Council j ~ `~ ~° ~ ~''~,~'~~` r~': ,.._.__.._``~kfi':~<r ~'"~. Attest: ~ F° 11 6...~..~ City Clerk : ~.~ ~.~ r t u, ; . ~:~ py~. ;~' :' `` t.. *'' Page 2 of 3 MEMORANDUM OF UNDERSTANDING & AGREI~~"~ • ., CITY ©F MERIDIAN & MERIDIAN RURAL FIl2E`~1ZC3TB~`TON DISTRICT • Meridian Rural Fire Protection District ,4 B V: Chairman Attest: S~ecrc`tarv ! By Resolution No. ~ ~~D~ MEMORANDUM OF UNDERSTANDING & AGREEMENT Page 3 of 3 CITY OF MERIDIAN & MERIDIAN RURAL FIRE PROTECTION DISTRICT • I • MERIDIAN RUR~,L. FIRE YRO'1'h,CT10N DIS'l'RIC'1' RESOLU"TION NO.: 09-001 EXI11}3I`I~ 2 • 1TIE~I~OR.A~iDtitiTi OE i.til~EI~STA~i13f:~~G f~rD AtIIZEEITIE~i'I' WHEREAS, a certain agreement entitled the "CI'TY OF MERIDI.aN / MERIDIAN RURAL FIRE. PROTECTION DISTRICT FIREFIGI-ITNG AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISF, OF POWER AGREEMENT" {the "Agreement") exists between the City of Meridian (the "City") and the Meridian Rural Fire Protection District ("District."); and WHEREAS, pursuant to the Agreement, the District pays a fee (the ``Contract Service Fee") to the City for the protection of property, both real and personal, against fire and for life preservation services, which includes those services a fire protection district, in the state of Idaho, is authorized to and does provide (the "Fire and Life Protection Services"); and WHEREAS, the Contract Service Fee is determined, pursuant to the Agreement, as a percentage of the "Gross Market Valuation Percentage", the "Population Percentage", and the "i~iarket Valuation", all of which are delineated in section 8 of the Agreement; and WHEREAS, pursuant to the Agreement, the method used to determine the Contract Service Fee is the method used to determine the funding of the Capital Outlay Expenditure budget as between the City and the District; and ~UHEREAS, the Agreement permits the parties to amend or modify, by ~~•ritten amendment to the Agreement, the method used to determine the Contract Service Fee and the Capital Outlay Expenditure budget; and WHEREAS, the City and the District desire to amend and modify the method used to determine the Contract Service Fee and the Capital Outlay Expenditure budget, between the City and the District, for the 2006/2007 fiscal year and subsequent fiscal years, as the term "fiscal year" is defined by the Agreement, by agreeing to a particular percentage allocation of such costs and expenses as between the City and District; and WFIEREAS, the City and the District desire to make such amendment and modification because the City and the District, jointly and severally, through. their respective Council and Board, find and conclude the citizens of the City anal the District, respectively, will benefit, directly and indirectly, from setting, by agreement, the particular percentage allocation of the costs and expenses to provide the Fire and Life Protectian Services in the City and the District, including capital expenditures, for the 2006/2007 f seal year and. subsequent fiscal }Tears; and WHEREAS, the purpose of this Memorandum of Understanding and Agreement is for the City and the District to acknowledge and memorialize their agreement to amend and modify the method used to determine the Contract Service Fee and the Capital Outlay Expenditure budget, between the City and the District, far the 2006/2007 fiscal year and subsequent fiscal years by setting the particular percentage allocation of the MEMORANDUM OF UNDERSTANDING AND AtiRF3EMENT, Page -1- ~ i costs and expenses to provide the Fire and Lift. Protection Services in the City and the District, including capital expenditures, for the 20061201)7 fiscal year anal subsequent fiscal years; NO~~', TfIER.EFORE, for good and valuable consideration, the receipt of which is hereby acknowledged by the parties hereto, the City and the District hereby acknowledge and memorials'e their agreement for the amendment and modification of the method used to determine the Contract Service Fee and the Capital Outlay Expenditure budget for the 2006/2007 fiscal year and subsequent fiscal years as follows. 1. Notwithstanding the calculated percentage of the "Gross Market Valuation Percentage", the `'Population Percentage", and the "Market Valuation", as provided m section 8 of the Agreement, for the 2006/2007 fiscal year, and subsequent fiscal years, the applicable and effective percentage allocation, for purposes of the Contract Service Fee and the Capital Outlay Expenditure budget, between the City- and the District for the 2006/2007 fiscal year and subsequent fiscal years shall be EIGHTY PERCENT (80°ro) attributable to the City and TWENTY PERCENT (20%) attributable to the District. 2. Said percentage allocation of EIGIiTY PERCENT (80%) to the City and TWENTY PERCENT (20%) to the District for purposes of the Contract Service Fee and the Capital Outlay Expenditure budget shall be effective for and as of the 2006!2007 fiscal year, and shall continue for successive fiscal years; until such time as either the City or the District determine to return to the method provided in section 8 of the Agreement for determining the percentage allocation for the Contract Service Fee and the Capital Outlay Expenditure budget for fiscal years. 3. All other terms, provisions, covenants and agreements set forth in the Agreement shall remain and. be the same. IN WITNESS WHEREOF, the parties have herein executed this addendum. llArl'ED AND SIGNED this _ __ day of _, 2006. City of Meridian By: Attest: By: ___ City Clerk By Council Resolution No.: Mayor MEMORANDUM OF UNDERS7'AND1NCr AND AGRI~EMLN`I', Page -2- ! • ~~leridian Rural Fire Protection District 13v: Chairman Attest: By: Secretary By Resolution No.: MEMORANDUM OF UNDERS"1'ANI~ING AND AGREEMENT, Page -3- • January 23, 2009 MERIDIAN CITY COUNCIL MEETING January 27, 2009 APPLICANT ITEM NO. S-N REQUEST Change Order No. 2 with JUB Engineers, Inc. for the Ten Mile Creek Sewer Crossing Replacement for $8,015.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See attach®d OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials present®d at public meetings shall become property of the Cffy of M®ddic~n. • CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, to a3842 CONTRACT CHANGE ORDER r~ Change Order No.: ~ Project Number. 07S3a ~~~ 1/20/2009 Effective Date: CONTRACTOR: J-U-B Engineers, Inc. PROJECT: Ten Mlle Creek Sewer Crossing The Co+nractor ~ heresy directed to make the following eha~es from the Contract Documents artd Plans. De~lptlon: 1) Bid and award services -incorporated qty's bid documents into project manual, pre-btd conference, testtnicel stance 2) Cor-strucilon services - contsfruction staking. pre-oonstructiort meting Reason for Change Ober: Construction services were not included in the original agreement Attachments: Authorization far Additional Services Na. 2 8~ Fee schedule CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contrect Price: 3.308.00 Original Contract Completion Date: Original Contract Com letlan Days: Nat changes form previous C.O: s.: Net Days change foam previous C.O.'s: No. i to ~, No. Q to Q $6,98$.00 Contract Price Prior to this C.O.: Contrail Completion Date before this C.O.: $30.284.0 Net Increase {decrease) of this C.O.: Net Days Increase (decrease) of this C.O.: $8,015.00 Contrail Price! wilt all Approved C.O :s: Contract Completion Date with all Approved C.O: s: a~a,s09.0a RECOMMENDED: ( CO NS TRUCTION MANAGER) ACCE ( ) r ~ ~ ~ ~ ~~ `~ BY Daate: _a Date: t~Zt a APPROVED: (CITY P COUNCIL. APPROY `1 1111 U Ur/~ ~~ • ey: Keith Watts h,,, 1 _ ~ ~ `,, ~ ~ " Date: l~ 2 '7r D ~ ~ Date: ~~~~ r/•9y i~ , ` '' APPRO ATTEST• ~ O 13y: r Tammy d eerd ay: aty clerk, ayose I~ 8~L Date: ~_ ~ Date: .1. ~~ Dq% ~ ~`h •. i~~~~,'rllj' .,,.,```~. • ~~~ J-U-B ENGINEERS, Inc. 250 5. Beachwood Avenue, Suite 201 • Boise, Idaho 83709-0944 • Telephone (208) 376-7330 • FAX (208) 323-9336 AUTHORIZATION FOR ADDITIONAL SERVICES - N0.2 CLIENT: CITY OF MERIDIAN PROJECT NAME: Ten Mile Creek Sewer Crossing. Phase 2 J-U-B Project Number: 10-08-043 The following additional items of work on the project referenced above have been or will be provided by J-U-B ENGINEERS, Inc. These additional services are a supplement to the scope of services contained in J-U-B's existing Agreement for Engineering Services for this project approved by City Council on June 3.2008. Additional Services: Bidding and construction services for the Ten Mile Creek Sewer Crossing Proiect. J-U-B ENGINEERS, Inc. was verbally authorized to provide these services by: Na Na Marne Date Unless otherwise noted below, J-U-B ENGINEERS, Inc. will provide these additional services on a time and materials basis, using the Firm's standard billing rates, or if applicable, the billing rates established in the initial Agreement for Engineering Services. Other Basis for Payment: Contract amount will be increased by $8.015 (time & materials basisl to a contract amount of $38.309. Dated this day of .2009. cl OF MERIDIAN J-U ENGIN ERS, Inc. Print or Type Client Name r By: By: Client Representative Signature Project epresentative Signature Tamm de Weerd Ma ```~~~,4~II.~R1~~~`''% Phillip H. Krichbaum. P.E. -Area Manager Print ar Type '• Print or Type Name and Title TFp '% fittest: ~ _ Jaycee Hol an, City Clerk ~ op ~ %'9p ~r ~sZ ~ ~ ~~ .\ Black Cat Phase 4 - AuthorizatPon for'~I'~~ ~(q-``3~ Page 1 ~~~ltl1-1lllill~~~, • J-U-B ENGItVEERS, Inc. Attachment 'A' - fO-OB-043 CITY OF MERIDIAN TEN MILE CREEK SEWER CROSSING -Phase 2 Task Order 2.1.6 This project provides bidding and construction services for the Ten Mile Creek Sewer Crossing project. It is assumed that the City will serve as the Engineer during construction phases. Table of Contents: Attachment "A" -Scope of Engineering Sernlces • Task A -Bid and Award Services • Task B -Construction Services • Exhibit A-1 -Labor and Equipment Detail Attachment "B" -Items Provided by City Attachment "C" -Fee Schedule City of Meridian -Ten Mite Creek Sewer Crossing -Phase 2 Poge - 1 • J-U-B ENGINEERS, lnc. Attachment 'A' - 10-08-043 CITY OF MERIDIAN TEN MILE CREEK SEWER CROSSING -Phase 2 Task Order 2.1.B Attachment "A" -Scope of Engineering Services Protect Understanding This addendum provides for the following additional services as outlined herein. In general, the additional tasks include: • Task 1 -Bid and Award Support Services • Task 2 -Construction Support Services CITY RESPONSIBILITIES • Pay for all legal advertisements for bids. • The City will serve as the construction engineer and Resident Project Representative (RPR). Roles of the Engineer and RPR during construction shall be as defined in ISPWC Division 100, Standard General Conditions, and City's Standard Supplementary Conditions to the General Conditions. • As Engineer and RPR on the project, the City of Meridian shall perform duties as delineated in the ISPWC General Conditions and shall notify J-U-B prior to any modifications to the design furnished by J-U-B or any issued related to the design, so J-U-B may have input on issues required by the modification. • Pay for all necessary permitting fees. ASSUMPTIONS The fee estimate and scope of services are based upon the following general assumptions. • The fee estimate for Task 2 is based on the assumed overall construction period of two (2) months. It is further assumed that the City's retained Contractor will be a licensed professional contractor who is regularly engaged in public works facilities of similar scope and complexities and will actively perfonm in accordance with the project's contract documents. Shop drawing submittals will be reviewed by the Contractor with minimal re-submittal reviews. City will serve as the construction engineer and Resident Project Representative (RPR). Roles of the Engineer and RPR duHng construction shall be as defined in ISPWC Division 100, Standard General Conditions, and City's Standard Supplementary Conditions to the General Conditions. J-U- B's rote in the bidding and construction shall be in accordance with the ISPWC General Conditions as the Engineer's Consultant and J-U-B shall be afforded the same protections as the Engineer under said document. Ciry of Meridian -Ten Mi6e Creek Sewer Crossing -Phase 2 page . 2 • J-U-B ENGINEERS, frrc. Attachment `A' - 10.OB-043 • The Construction contractor retained by the City of Meridian will supply a detailed construction schedule at or prior to the pre-construction conference from which a staffing schedule can be modified to meet the inspection requirementr of the construction activities throughout the project. • No inspections in regard to the construction contractor's compliance with the Environmental requirementr of the Construction General Permit maintenance or with any Storm Water Pollution Prevention Plan will be performed by J-U-B. SWPPP monitoring is azsumed to be performed by the City of Meridian. SCOPE OF ADDITIONAL SERVICES TO BE COMPLETED Task A - Biddinu Services 1. Coordinate Bid Packages with City Bid Documentr Review City-generated bidding document boilerplate documentr for coordination with ISPWC general conditions, supplementary general conditions, modifications to ISPWC and project specific provisions. Incorporate City-generated bidding documentr into Project Manual and publish. 2. Bid Administration Provide answers to technical questions referred to the J-U-B by the City relating to the project during the bid and award process and prepare addenda, if necessary, during the Bid process to clarify bidding requirements. The City will distribute addenda az required. The J-U-B will attend pre-bid meeting and the bid opening az required by the City, and assist in evaluation of the Bids, if required. TASK B -CONSTRUCTION SERVICES 1. Pre-Construction R Progress Meetings Attend apre-construction meeting for the project with the contractor, City, ACHD, and affected utilities. Meeting minutes will be prepared. J-U-B will attend progress meetings throughout the duration of the construction az requested by the City. It is assumed that two (2) meeting per month will occur. J-U-B will prepare summary progress meeting minutes. 2. Construction Staking J-U-B shall provide one (1) set of construction control stakes in accordance with the approved plans for the sewer and related structures. The Contractor shall be responsible for laying out all work and protection of the control staking. Re-staking will be performed on an additional time and materials bazis. The following stakes will be provided: 1) Easements: Limits of the temporary construction easementr will be staked for contractor reference. 2) Manholes R Structures: Manholes will be staked to either centerline with cut/fill to the indicated elevation with two offset stakes. City of Meridian -Ten Mile Creek Sewer Crossing -Phase 2 Page - 3 • J-U-B ENGINEERS, Inc. Attachment 'A' - 10-0&043 Gravity Sewer: Stake at 100-foot increments and at all angle points beginning at connections. At each location, two (2) offset stakes will be provided with cut to invert elevation indicated. 3. Limited Construction Assistance Services J-U-B's level of effort during construction shall be as consultant to the City, who is acting as both the Engineer and RPR on the construction Project. 3) Shop Drawing and Product Data: J-U-B will review shop drawing and product data submittals for general concurrence with the design concept and contract documents. 4) Construction Administration: On an as-needed basis as requested by the City, J-U-B will assist the City in review of contractor pay estimates, claims, change order and work directive preparation, and other miscellaneous construction administration activities. S) Construction Observation: J-U-&will conduct independent periodic observations of the Contractor's work in progress on an as-needed basis as requested by the City or as determined by the J-U-B project manager. The intent is to provide additional services to the City's RPR. J-U-B will prepare summary observation reports to the City project engineer and City RPR. 6) Start-up/Close-out Procedures: J-U-B will attend a walk through with the City. A tentative punchlist will be prepared to supplement the City's RPR list. . 4. Record Drawings J-U-B will prepare record drawings from drawings received from the Contractor and City's RPR and J-U-B observation work. Two (2) mylar sets of the record drawings and one (1) CD will be delivered to the City for submittal to DEQ and City use. Each sheet will be sealed by a professional engineer with the disclaimer "These Record Documents have been prepared based on information provided by others. J- U-B Engineers, INC. has not verified the accuracy of this information and shall not be responsible for any errors or omissions which may be incorporated herein as a result. The seal{s} of the registrants represent that the preparation of these documents was completed by staff under the registrants' supervision". City of Meridian -Ten Mile Creek Sewer Crossing -Phase 2 Page - 4 ~ ` ~ *- ~ ~ ~ ~ ~ ~ ~ ~o S ~ ~ ~ ~~ ~ ~ ~~ s j ~ ~ ; ~ . ~' ~. ~ - Q ~+ ~ ~ , m a°o ' I ~~ r ~ ~ ~ 'O a ` ' o ~ o ~ °' ~j. O ,= W'. ~; 8. 2 N o ° ~ °a Y a t F ~ ~ °'i ai l ° j q a ~ opt ° o N W ~ N N ~ = a v ~~~ R. ° ~ 2 w _ y /~ V m~ ~ ~ o tT o ~ ~ r. o Q o ~ o r o ~}' o 'iJ' '~c! T N ~ ~ ~ Q ° Z 111 ~ ~ ~ Ill V '~ a = ~ ~ ~ m ~ ,.,, or ~ ~ ~ ~ O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~. ~ ~ ~ ~ o m • '~y e ' y o a m ~ o @ ' i ~ ° ~ ~ ~ A ~ ~ N w ~ W z m . 13 S ~~ ~ °ts c ~ ~ g o m' gZ~ ~ e ~QQ ~ ~'~ e ~ ~ ~ a ~ c ~ ~~ ~~C ~ t 3 m ~ ~ t` ~ ~ i - ~ ~ I Y .- a F -' ,- a w a h - ~~ . 0 I -'~r-~ To: Jaycee Holman; Tara Green From: Roxanne Holland, EIT, Staff Engineer rholland@meridiancity.org Meridian Public Works Departrnent 33 E Broadvway Ave., Suite 200 Phone: 89&5500 Fax: 898-9551 CC: Clint Dolsby, P.E., Interim City Engineer Date: January 21, 2009 Re: Proposed Agenda Item for January 27, 2009 City Council Meeting The Public Works Department respectfully requests the following item be placed on the January 27, 2009 City Council agenda, under Consent Agenda, for Council's consideration: Change Order No 2 for Ten Mile Creek Sewer Crossing Replacement (design). Additional work is required for the completion of the Ten Mile Creek Sewer Crossing Replacement (design). This change order consists of the following work and amounts to 26% of the Agreement for Engineering Services: • Bid and award services, including incorporating the City of Meridian bid documents into the project manual, attending apre-bid conference, technical assistance as needed during the bidd'mg period. • Engineering/Surveying services, including construction staking and attendance at a pre-construction meeting. Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No. 2 for the Ten Mile Creek Sewer Crossing Replacemen (design) with d-U-B Engineers, Inc., for $8,015.40 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding this item. • Page 1 • GiTY ~ MERIDIAN 33 EAST IDAHO MERIDIAN. ~ 83842 CONTRACT CHANGE ORQER • Change Order Nom 2 Pr+oJad Numtrer. 07538 o~t~ 1f20/2Q08 Et~hce Date: Inc. PROJECT: Ten Mile Crsek t3evlrer Cr~e6tg The Coneraot~ ~ hereby dNerdsd ~ mates the toAo~rin8 r from fire Cow Do~mtonts arrd Plans. B~ and award Moro - Moarpora~ tdd ~aur-~s ~ pro(ed mamral. ooze. tadudt8l assistance Consbudfar sEgvkles - corrt~ruott~ sbaWn9, ~- n~ng for Change Ordsr: servlc~ were IIOt irtcittded In the o~glrtl~ agreement far ArldfBOrral9ervk~s No. 2 & Fee aches>u(e CflnUad trios: Cartrad CotrtDtetlon t Net iruar previous C.O.'s.: Net Days charrga brm ~ C.O: ~ 1~. 1 m 1 No. Q to Q ,tiM3.Ot) Can3ract Prloe Pry to this C.O.: Corrtrad Comple8an Oete befae this C.O:. Ints~e (dave~ejof ~ CA.: ~ wit aH Appnrred C.O's: (CITY) 'Tanunsr ~ weerd Ire (decressal ~ lids C.O Compleflan Gabs ta8tr all Approved C.O.'s: City Cimk Jay08e Holman • • f~B ~ J-U-B ENGINEERS, /nc. 250 S. Beachwood Avenue, Sufte 201 • Boise, Idaho 83709-0944 • Tafepfione (208) 37&7330 • FAX (208) 323-8336 AUTHORIZATION FOR ADDITIONAL SERVICES - N0.2 CLIENT: CITY OF MERIDIAN PROJECT NAME: Ten Mile Creek Sewer Crossing. Phase 2 J-U-B Project Number: 10-08-043 The following additional i#ems of work on the project referenced above have been or will be provided by J-U-B ENGINEERS, Inc. These additional services are a supplement to the scope of services contained in J-U-B's existing Agreement for Engineering Services for this project a~groved by City Council on June 3.2008. Additional Services: Bidding_and construction services for the Ten Mile Creek Sewer Crossing Proiect J-U-B ENGINEERS, Inc. was verbally authorized to provide these services by: Na Na Name Dafe Unless otherwise noted below, J-U-B ENGINEERS, Inc. will provide these additional services on a time and materials basis, using the Firm's standard billing rates, or 'rf applicable, the billing rates established in the initial Agreement for Engineering Services. Other Basis for Payment: Contract amount will be increased by $8 015 (time & materials basis) to a contract amount of $38.309. Dated this day of .2009. CITY OF MERIDIAN Print or Type Client Name By: Client or Representative Signature Tammv de Weerd Mavor Print or Type Name and Title Att@St' Jaycee Holman, City Clerk J-U ENGIN ERS, Inc. By: Protect epresentative Signature Phillip H. Krichbaum. P.E. -Area Manager Print or Type Name and Title Black Cot Phase 4 - Authorization for Additional SeMces No. 3 Page t J-U-B ENGINEERS, Inc. • Attachment `A' - JQ-08-043 CITY OF MERIDIAN TEN MILE CREEK SEWER CROSSING -Phase 2 Task Order 2.1.6 This project provides bidding and construction services for the Ten Mile Creek Sewer Crossing project. It is assumed that the City will serve as the Engineer during construction phases. Table of Contents: Attachment "A" -Scope of Engineering Services • Task A -Bid and Award Services • Task B -Construction Services • Exhibit A-1 -Labor and Eaui~ment Detail Attachment "B" -Items Provided by City Attachment "C" -Fee Schedule City of Meridian -Ten Mile Creek Sewer Crossing -Phase 2 Page - 1 J-U-B ENGINEERS. Inc. • Attachment 'A' - 10-08-M3 CITY OF MERIDIAN TEN MILE CREEK SEWER CROSSING -Phase Z Task Order 2.1.8 Attachment "A" -Scope of Engineering Services Protect Understanding This addendum provides for the following additional services as outlined herein. In general, the additional tasks include: Task 1 -Bid and Award Support Services • Task 2 -Construction Support Services CITY RESPONSIBILITIES • Pay far all legal advertisements for bids. • The City will serve as the construction engineer and Resident Project Representative (RPR). Roles of the Engineer and RPR during construction shall be as defined in ISPWC Division 100, Standard General Conditions, and City's Standard Supplementary Conditions to the General Conditions. • As Engineer and RPR on the project, the City of Meridian shall perform duties as delineated in the ISPWC General Conditions and shall notify J-U-B prior to any modifications to the design furnished by J-U-B or any issued related to the design, so J-U-B may have input on issues required by the modification. • Pay for all necessary permitting fees. ASSUMPTIONS The fee estimate and scope of services are based upon the following general assumptions. • The fee estimate for Task 2 is based on the assumed overall construction period of two (2) months. It is further assumed that the City's retained Contractor will be a licensed professional contractor who is regularly engaged in public works facilities of similar scope and complexities and will actively perform in accordance with the project's contract documents. Shop drawing submittals will be reviewed by the Contractor with minimal re-submittal reviews. City will serve as the construction engineer and Resident Project Representative (RPR). Roles of the Engineer and RPR during construction shall be as defined in ISPWC Division 100, Standard General Conditions, and City's Standard Supplementary Conditions to the General Conditions. J-U- B's role in the bidding and construction shall be in accordance with the ISPWC General Conditions as the Engineer's Consultant and J-U-B shall be afforded the same protections as the Engineer under said document. City of Meridian -Ten Mile Creek Sewer Crossing -Phase 2 P°ge - 2 J-U-B EMGJNEERS, lrrc. • • Attachment 'A' - f0-08-043 • The Construction contractor retained by the City of Meridian will supply a detailed construction schedule at or prior to the pre-construction conference from which a staffing schedule can be modified to meet the inspection requirements of the construction activities throughout the project. • No inspections in regard to the construction contractor's compliance with the Environmental requirements of the Construction General Permit maintenance or with any Storm Water Pollution Prevention Plan will be performed by J-U-B. SWPPP monitoring is assumed to be performed by the City of Meridian. SCOPE OF ADDITIONAL SERVICES TO BE COMPLETED Task A -Bidding Services 1. Coordinate Bid Packages with City Bid Documents Review City-generated bidding document boilerplate documents for coordination with ISPWC general conditions, supplementary general conditions, modifications to ISPWC and project specific provisions. Incorporate City-generated bidding documents into Project Manual and publish. 2. Bid Administration Provide answers to technical questions referred to the J-U-B by the City relating to the project during the bid and award process and prepare addenda, if necessary, during the Bid process to clarify bidding requirements. The City will distribute addenda as required. The J-U-B will attend pre-bid meeting and the bid opening as required by the City, and assist in evaluation of the Bids, if required. TASK B -CONSTRUCTION SERVICES 1. Pre-Construction Et Progress Meetings Attend apre-construction meeting for the project with the contractor, City, ACHD, and affected utilities. Meeting minutes will be prepared. J-U-B will attend progress meetings throughout the duration of the construction as requested by the City. It is assumed that two (2) meeting per month will occur. J-U-B will prepare summary progress meeting minutes. 2. Construction Staking J-U-B shall provide one (1) set of construction control stakes in accordance with the approved plans for the sewer and related structures. The Contractor shall be responsible for laying out all work and protection of the control staking. Re-staking will be performed on an additional time and materials basis. The following stakes will be provided: 1) Easements: Limits of the temporary construction easements will be staked for contractor reference. 2) Manholes ft Structures: Manholes will be staked to either centerline with cut/fill to the indicated elevation with two offset stakes. City of Meridian -Ten Mile Creek Sewer Crossing -Phase 2 Page - 3 J-l1-B ENGINEERS, Mc. • artacnmenr 'a' -Laos-oa3 Gravity Sewer: Stake at 100-foot increments and at all angle points beginning at connections. At each location, two (2) offset stakes will be provided with cut to invert elevation indicated. 3. Limited Construction Assistance Services J-U-B's level of effort during construction shall be as consultant to the City, who is acting as both the Engineer and RPR on the construction Project. 3) Shop Drawing and Product Data: J-U-B will review shop drawing and product data submittals for general concurrence with the design concept and contract documents. 4) Construction Administration: On an as-needed basis as requested by the City, J-U-B will assist the City in review of contractor pay estimates, claims, change order and work directive preparation, and other miscellaneous construction administration activities. 5) Construction Observation: J-U-B will conduct independent periodic observations of the Contractor's work in progress on an as-needed basis as requested by the City or as determinetJ by the J-U-B project manager. The intent is to provide additional services to the City's RPR. J-U-B will prepare summary observation reports to the City project engineer and City RPR. 6) Start-uplClose-out Procedures: J-U-B will attend a walk through with the City. A tentative punchlist will be prepared to supplement the City's RPR list. 4. Record Drawings J-U-B will prepare record drawings from drawings received from the Contractor and City's RPR and J-U-B observation work. Two (2) mylar sets of the record drawings and one (1) CD will be delivered to the City for submittal to DEQ and City use. Each sheet will be sealed by a professional engineer with the disclaimer "These Record Documents have been prepared based on information provided by others. J- U-B Engineers, INC. has not verified the accuracy of this information and shall not.be responsible for any errors or omissions which may be incorporated herein as a result. The seal(s) of the registrants represent that the preparation of these documents was completed by staff under the registrants' supervision". Ciry of Meridian -Ten Mile Creek Sewer Crossing -Phase 2 P°ge - 4 • ~ ~ ~ ~ O : ~ ~g~ ~ ~~ ~~ ~ ~ ~ A fi m ~ y$~ i4 _- z p ~ b I ~ M ~~~'i O O O O C !~ O b I g ^ ~ ~ I+~~ O i ,, ~~r11 i7 'i'J O ~ i N I t1 O-~ G O ~~?. ~jj i~ ~. 1 ~~ O ~ ~~ O O pp ~i p ~ ~ i ~~ v ~ L Q y~y ~~ ~ I ,~ '~ ~ 0 ~., O ~ I ~'. r r i i 1 I ~. ~~ 0 ~~ r ~ ~ ~ ~ ~ ~ ~ January 23, 2009 MERIDIAN CITY COUNCIL MEETING January 27, 2009 APPLICANT ITEM NO. 5'~ REQUEST Award of Bid & Contract with Cues, Inc. for Sewer N Inspection Vehicle and Option A of Bid for a not to exceed amount $155,777.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached Date: Phone: Staff Initials: Materials presented at public meefinAs shall become property of the CNy of Meridian. • Memo • To: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Agent CC: Tara Green, Clint Dolsby, Rich Dees, Gail Hammond, Tom Bany Date: 1/21/09 Re: January 27, 2009 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following items be placed on the January 27, 2009 City Council Agenda, under Consent Agenda, for Council's cronsideration. Sewer TV Inspection Vehicle Bid Results and Award Award of Bid # WWTP-09-004 and Authorization to enter into a Standard City Contract with Cues, Inc for Sewer TV Inspection Vehicle and Option A of bid. The contract is the result of Invitation for Bid #WWTP-09-004. Recommended Council Action: Award of Bid and Authorization to enter into a Standard City Contract with Cues, Inc for Sewer TV Inspection Vehicle and Option A of Bid for the NOT-TO-EXCEED amount of $155,777.00 and an additional $6,800 for Option A and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • z~ a: Q°. 0 M N N Z Q W g H Z 0 a z ° ° o o -~ o W C ~ ~ r C U ~ is ao O P N C ~ N a. n~ ui ,~ ~ N 9 ~ g ~ ~ ° o ' ~ vi ° o ~ v ° '~ N 1A > g ~ ~ 0 0 ~ ~ ~ ~ ~ ~ ~ ~ o ~ > ~ ~ ~ ~ ~ Q ~ m ~ W > a`~ O 3 Y .Q Q. ~ O Q ~~ 0 SEWER N INSPECTION VEHICLE BID NUMBER UVVY'TP-08.004 ~~~` - ~ -~-.~~ ~ t., ~ir s ~;i 4 r'!s!` ~ p s fi~. ~~~} ~4~*'~.b,~,t;a'vyti.Z~ bp'~,F~a ~~4 ,Y~'' ~~~~''; s y`J ~F~ ~ ~ k, ~~ ~ k .Y~ 4~t?.... ~ +sV S ~ S?_ ~g .~^~~~~`~' ,~~y~ r ~,-z y_ ~~ c *. TOTAL BID ~~~~,.,.~ . ' - ` 'f t' z ~ ~~ x ~ ~~ ~ x{ n T TOTAL BID ' • Add 100' additional push cable to Option A Add on $450.00 To#al cost to include all tabor, material, equipment, freight, insurance, travel, lodging, incidental, and applicable taxes • • • _ Pavtnent Dtseouot Cash discount of o % for. payment within Net so calendar days. (No deposits, prepayments or percentage Iraymsnts will be allowed) F. .B. Prices shall be submitted F.O.B. Des#innaath~n. C®rl~ICatg of Understanding The undersigned represerrts and warrants that tfte undersigned has reviewed and unders~smds the plans, specifications and other documents, and the undersigned is satisfied w~ri elf conditions for pertarmance of the work. • The undersigned has checked canefufly all the above figures and understands that the City of Meridian will not be responsible for any errors or om~ions on the part of the undersigned in creating tills b~. AUTHORIZED Sl4NATURE: Paul Stenzt®r PRINT NAME -~ DO NOT DETACH THIS SHEET -SUBMIT ENTIRE BID PACKAGE AS YOUR BIO Sewer N Inspection Vehicle - WWTP-09-OOa 10 of 16 January 23, 2009 MERIDIAN CITY COUNCIL MEETING January 27, 2009 APPLICANT ITEM NO. S-P REQUEST Approve New Beer & Liquor License for Screamin Hot Concepts, LLC dba Buffalo Wild Wings located at 3323 East Louise Drive # 103 AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at publk meetings shall become property of the City of Meridian. "-~ • January 23, 2009 Department Reports MERIDIAN CITY COUNCIL MEETING January 27, 2009 APPLICANT ITEM NO. 6-A-~ REQUEST City Scholarships 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 meetfnys shaA become properly of fhe City of Meridian. E II~IAl`~TY~--- ~~-~~~ ~~ ~~ . ~~ ~ q~~ ~.~ 4~ 7 ~'~~ Scholarship Application Application Deadline: April 1, 2009 RETURN COMPLETED APPLICATION TO: Meridian City Hall -Mayor's Office, 33 E. Broadway Avenue, Meridian, ID 83642 For questions please contact Robert Simison with the Mayor's Office, 888-4433 ~ ~}/ PERSONAL INFORMATION: Name: Address: City /State /Zip Code: Home Telephone Number: High School: Month and Year of Graduation: ELIGIBILITY CRITERIA: • Applicants must be a resident of Meridian (students living in an unincorporated area with a Meridian mailing address are not eligible). • Applicants must be graduating in the spring of 2009 and plan on attending an accredited college or vocational education program in the fall of 2009. • Applicants must demonstrate evidence of leadership potential through community involvement, volunteerism, school activities, and or work experience. • Applicants are not related (child, grandchild, brother, sister, or legal guardian) to an employee or elected official for the City of Meridian. EDUCATIONAL INFORMATION: Please identify the area of study desired. • Have you finalized your decision as to which school to attend in the fall? ^ Yes (T'he scholarship check will be mailed directly to the school's Financial Aid or Scholazship Office. address of this office.) If yes, please fill out the following information: College/LJniversity Name: Office check should be mailed: Address: Campus Address Postal Code Nation City State/Province Phone Number with Area Code If no, please identify the Colleges/LTniversities which you desire to attend: 1st choice: 2nd choice: 3rd choice: EVIDENCE OF LEADERSHIP POTENTIAL Email Address NOTE TO STUDENT.• In completing the following sections, please list all your extra-curricular activities. It is important that you cite all community activities, special courses or classes (both in and outside of school), special projects, work experience, and other involvements /memberships which would aid the committee in determining leadership qualities. In addition please do not make reference to the school you attend or other information that might make you easily identifiable. Please submit answers to these questions on additional sheets. ACTIVITIES OUTSIDE OF SCHOOL/COMMUNITY SERVICE: Please give a brief description of all activities outside of school of which you were involved in related to community service. (e.g. Social Clubs, Religious Activities, Hobbies, Boy/Girl Scouts, Work, Etc.) ^ No Please secure the • HIGH SCHOOL EXTRA-CURRICULAR ACTIVITIES/COMMUNITY SERVICE: Please provide a list and a brief description of all activities in which you participated during high school related to community service. (e.g. Sports, Student Government Clubs, Publications, Committees, Special Projects, etc.) PERSONAL GROWTH AND LEADERSHIP AS A RESULT OF SERVICE: Please list and describe any volunteer work you have performed not associated with your involvement with an organized group mentioned in the previous questions. (e.g. food bank, hospital volunteer, United Way, Etc.) ESSAY: Making a Difference in Meridian On a separate piece of paper, please write an essay describing how you feel you have made a difference in the City of Meridian through your community service involvement and how it has better prepared you for your future. This essay should be limited to 750 words. ESSAY: Goals and Ambitions in College and Life In addition, the committee wishes to have as much information about the applicant as is possible. Toward this end, on a separate piece of paper, please write an essay relating any further pertinent information about your college expectations and career goals. This essay should be limited to 500 words. LETTERS OF RECOMMENDATION: Please provide two letters of recommendation. One letter from a community or business leader not related to you and one letter from a school administrator, teacher, or staff. HIGH SCHOOL TRANSCRIPT: Please provide a copy of your most recent high school transcript. DECLATORY STATEMENT: I certify that to the best of my knowledge, the information contained in this statement is correct and complete, I am a resident of the City of Meridian, I am not related (child, grandchild, brother, sister, or legal guardian) to an employee or elected official for the City of Meridians and I will be enrolled in an accredited college or vocational education program in the fall of 2009. I understand that I will be disqualified from consideration of the City of Meridian scholarship if I do not meet this criteria andlor I fail to include the required transcript and letters of recommendation. Signature Date ~" ~ ~ ~~~`Y ~F MERMAN SCHOLARSHIP APPLICATION RUBRIC Student Name Panel Member SCORING STANDARD ADVANCED PROFICIENT BASIC BELOW BASIC 5-6 Points 3-4 Paints 1-2 Point D Points Activities Outside of High SchooUCommunity Service Demonstrates a major Demonstrates a good Somewhat demonstrates Does not demonstrate a commitment to community commitment to community a commitment to commitment to community Score: service service communi service service ' Demonstrates a great Demonstrates a good awareness of community awareness of community Has some awareness of Does not show an awareness issues issues community issues of community issues Score: SCORING STANDARD ADVANCED PROFICIENT BASIC BELOW BASIC 3 Points 2 Points 1 Point 0 Points High School Extra-Curricular Activities Related to Community Service Demonstrates a major Demonstrates a commitment to the commitment to the Somewhat demonstrates Does not demonstrate a excellence of their school excellence of their school a commitment to their commitment to their school through community service through community service school through community through community service ro'ects ro'ects service projects projects Score: Personal Ge~owth and Leadership as a Result of Service Strongly demonstrates rowth in wisdom, g Demonstrates growth in Somewhat demonstrates growth in wisdom Does not demonstrate growth confidence, and wisdom, confidence, and understandin with some g , confidence, and in wisdom, confidence, and understanding, with a great ability to serve as a team , ability to serve as a team understanding, with little understanding, and fails to demonstrate abil' rty to serve builder roblem solver, ' p builder, problem solver, ability to serve as a team builder problem solver as a team builder, problem peace maker and ease maker and p , , peace maker and solver, peace maker and encoura er encourager encoura er encourager Score: Essay/Goals and Ambitions Made significant Made some community community contributions contributions that Made community Did not make communi ty that greatly prepared them somewhat prepared them contributions that prepared contributions preparing them for their future for their future them for their future for their future Score: States outstanding college States excellent college Somewhat states college expectations and has expectations and does expectations and has Does not state college greatly thought out career have well thought out some well thought out expectations or have well oats career oats career oats thought out career goals i. Scare: Recommendations Hi hl g y recommended by Recommended by school Somewhat recommended school administrator, administrator, teacher, or by school administrator Not recommended by school teacher, or staff staff , teacher, or staff administrator, teacher, or staff Score; Hi ghly recommended by community and business Recommended community Somewhat recommended Not recommended by leaders and business leaders by community and community and business Scare: business leaders leaders Academic Merit Demonstrates an Demonstrates an above Maintains an avera a Has a below average grade outstanding grade point 9 avera a average grade point grade point point Score: Total Points Per Column: Total Score r ~ January 23, 219 Department Reports MERIDIAN CITY COUNCIL MEETING January 27, 2~9 APPLICANT ITEM NO. 6-A"~ ~_ REQUEST Resolution -Reappointment of Joe Marshall to Planning and Zoning Commission AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~~~ Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the CNy of Meridian. COMMENTS See attached U~ CITY OF MERIDIAN RESOLUTION NO. ~~ ~ ~ 9 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, REAPPOINTING JOE MARSHALL TO SEAT 2 OF THE MERIDIAN PLANNING & ZONING COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code Title 2, Chapter 2 established the Meridian Planning and Zoning Commission, its members and terms of their appointments; and WHEREAS, Joe Marshall was appointed in January, 2008 to Seat 2 of the Planning & Zoning Commission with a term to expire January, 2009; and WHEREAS, Joe Marshall may be reappointed to Seat 2 of the Planning & Zoning Commission to a term of 6 years to expire in January, 2015; and WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the citizens of the City of Meridian to approve the respective reappointment of Commissioner Marshall as recommended by Mayor De Weerd and described herein; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, effective immediately, Joe Marshall shall be reappointed to Seat 2 of the Meridian Planning & Zoning Commission, which term shall run through January, 2015. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this Z~ day of 2009. APPROVED by the Mayor of the City of Meridian, Idaho, this 2-~ day of 2009. APPROVED: ```~~~i~uurrrrr« rF ~ Mayor T de Weerd ATTEST: ~ ~ By: ~ ~ Jaycee .Holman, ~Y '~~ RESOLUTION FOR RE-APPOINT'ME~ C~'~ty~H1~~.~~`MERIDIAN PLANNING & ZONING COMMISSIONER -1 ~~~irrn~ r~ ~~+~~~ January 23, 2009 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST • Department Reports January 27, 2009 ITEM No. 6-8-1 Discussion of License 8~ Permit Fee Exemptions 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: Ernailed: COMMENTS See attached ~'~, Date: Phone: Staff Initials: Materials preserrtsd at public meetings shall become properly of the CI1y of Meridian. --o • Tara Green • From: Emily Kane Sent: Friday, January 23, 2009 1:17 PM To: Tara Green Cc: Jaycee Holman; Nancy Radford Subject: Ordinance and dept. report for Tuesday Attachments: Ordinance Deleting Fees from Code Text First Reading 1-27-09.doc Hi, Tara. Here is the document that goes with the Clerk's Office Dept. Report for Tuesday. It should also be on for first reading. The dept. report can be called "Discussion of License and Permit Fee Exemptions" and the other one can be called "Ordinance no. :Deleting In-Code References to Clerk's Office Fees." This document was updated today so please replace the previous version with this one. Thanks so much and let me know if any questions. Emily Emily Kane Deputy City Attorney City of Meridian, Idaho Phone: 208-898-5506 Fax:208-884-8723 E-mail: ekane@meridiancity.org 1/23/2009 • CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING TITLE 3, CHAPTER 1, MERIDIAN CITY CODE, REGARDING FEES FOR INVESTIGATION OF LICENSE OR PERMIT APPLICANTS; AMENDING TITLE 3, CHAPTER 2, MERIDIAN CITY CODE, REGARDING APPLICATION FEES FOR BEER, WINE, AND LIQUOR LICENSES AND THE TRANSFER THEREOF; AMENDING TITLE 3, CHAPTER 4, MERIDIAN CITY CODE, REGARDING APPLICATION FEES FOR MOBILE SALES UNIT LICENSES, TEMPORARY USE PERMITS, AND CITIZEN'S USE PERMITS; AMENDING TITLE 3, CHAPTER 5, MERIDIAN CITY CODE, REGARDING APPLICATION FEES FOR PAWNBROKER LICENSES; AMENDING TITLE 3, CHAPTER 6, MERIDIAN CITY CODE, REGARDING APPLICATION FEES FOR MASSAGE ESTABLISHMENT AND MASSAGIST LICENSES; .AMENDING TITLE 3, CHAPTER 8, MERIDIAN CITY CODE REGARDING APPLICATION FEES FOR PRIVATE PATROL SERVICE, PRIVATE SECURITY SERVICE, AND PRIVATE PATROL AGENT LICENSES; AMENDING TITLE 5, CHAPTER 4, MERIDIAN CITY CODE, REGARDING APPLICATION FEES FOR RETAIL SALES OF NONAERIAL COMMON FIREWORKS PERMITS AND PUBLIC FIREWORKS DISPLAY PERMITS; AMENDING TITLE 6, CHAPTER 2, MERIDIAN CITY CODE, REGARDING DOG LICENSE AND LOST DOG TAG FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Clerk's Office has established a fee schedule that, for purposes of expediency and clarity, shall hereafter be incorporated by reference rather than enumerated in the text of the code; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That the following section of Title 3, Chapter 1, Meridian City Code, be amended to read as follows: 3-1-6: INVESTIGATION OF APPLICANT; REQUIREMENTS: *~~ C. Payment Of Costs: The applicant shall pay for the costs of the city for all federal bureau of investigation, state of Idaho department of law enforcement, or any other to the City Clerk anv and all applicable fees for any and all criminal or other investigations requested, or performed, by the city required for City licensure which fees shall be set forth in the fee schedule of the City Clerk's Office. Section 2. That the following sections of Title 3, Chapter 2, Meridian City Code, be amended to read as follows: 3-Z-2: LIQUOR BY THE DRINK: CLERK'S OFFICE FEE ORDINANCE UPDATE PAGE 1 OF 10 x~ ~ x~ B. Application For License; Fee: An. applicant for a liquor by the drink license shall make application to the city clerk; and pay the license fee ~,,,,. ,,..~ ~ , o ~+ ~~~~~ ~ ~+~ ~xx,AU„t ram+ti,~-li~nc~-fr~~r~ll.~rtPd L. +L. .7' + .F+1, a ,-t..., + .F1 --.F - + ~C ~.~ ....rte. -- fil'1~-at~t~xn,rs,ti~ntt~+t,o - ---------- -rr, '-- ^~.ao.,1.~..+o n +'+1 72 T•F+1. 1' ~ '., r y~ w aawrty~ , 7 ~ nFlt h~-prnr~teu~ ~ra ~~~» ~. ~ ~~ ~~; ~~ ~ f+~. > >' -- ~ as set forthm the fee schedule of the City Clerk's Office. ~~~ E. License Transfer; Fee: Licenses may be transferred under the provisions of Idaho Code chapter 9, title 23, provided the transferee meets the requirements of a licensee, trams' ~. ~c :,f ~f+.. a^"~-'° ~Q~^ nm~ays the fee for such transfer as set forth in the fee schedule of the City Clerk's Office, and the mayor and city council have approved of the transfer of the license. 3-2-3: WINE: ~~~ B. Application For License; Fee: An applicant for a wine license shall make application to the city clerk; and pay the license fee ; ' y ,~ 7 Y , 4aLV llyy ~ n~1a. r + a a ~.,.,~, l,o ^ o i.,,~~n ~~~ ..~+,~.... ..., ,._.._.._ r -asset forth in the fee schedule of the City Clerk's Office. ~~* D. License Transfer; Fee: Licenses may be transferred under the provisions of Idaho Code chapter 13, title 23, provided the transferee meets the requirements of a licensee, ~-a *"an-~~ = ~ e :.f fib" a^"~"~'Q`n ^^'pays the fee for such transfer as set forth in the fee schedule of the City Clerk's Office, and the mayor and city council have approved of the transfer of the license. 3-2-4: BEER: ~x~~ B. Application For License; Fee: An applicant for a beer license shall make application to the city clerk; and pay the license fe ; ' nri ~1r t~-~„1-~1 th ~f~ca, x.11 h~„x~., + a ~- + • ~ +t, i • .~ • a ~,- r , , +t, ~ ,. „ ~~+ i,o rr^,.,,+^a .,.,a ~>,,,,, ~o ^ o ,.,,,.~i, ice. ^~+,.,. „ ,,, ,:___.._ r _ as set forth in the fee schedule of the City Clerk's Office. ~~ D. Transfer Of License; Fee: Licenses may be transferred under the provisions of Idaho Code chapter 10, title 23, provided the transferee meets the requirements of a licensee, h~ ~'a.*~s~ : ~e cf fib' a~"°~•~'Q~^ ^^'pays the fee for such transfer as set forth in the fee schedule of the City Clerk's Office, and the mayor and city council have approved of the transfer of the license. Section 3. That the following sections of Title 3, Chapter 4, Meridian City Code, be amended to read as follows: CLERK'S OFFICE FEE ORDINANCE UPDATE PAGE 2 OF 10 3-4-2: MOBILE SALES UNITS: A. License and/or permit requirements: It shall be unlawful for any person to operate, allow the operation of, or act as a mobile sales unit without each and all of the following licenses, permits, and/or certifications: *~~ 5. A city of Meridian mobile sales unit license. a. Application for a City of Meridian mobile sales unit license shall be made to the City Clerk, and shall include the following: ~~~ (2) Application fee as set forth in the fee schedule of the City Clerk's Office, except that no application fee shall apply where applicant is or represents: a. A nonprofit organization exempt from federal income tax under 26 U.S.C. section 501(c); or b. A governmental entity. =ee~b'-l~Efl-SSA °"'t-ate uiscusv„ ~l~l 0 1, ~,..a ~1.;,R- ~_~a,a~,Prf_fv~~ > > .1 1, 11 1., .] 1' .i ~ t1, !`'~„ /-`1o,.L , ., T T Q Ail.,;1 ., T T...,,, r~ ~ ~ ~r-vuaEilza€€~ 3~,~r$ •rt,o r;,-., r„ .,;1 ~~ ,lo _~„~ .. ~~* snuirt@3~~tA +-cn~C-~t~C~ifc'i~lcurrs~fe T@-vpva- rccci~6~£€'~5 ~ ~ •• 1ru~iv~as~act- cc~cnc°'lciui . T 'L, o ..;~,... ..;1 ~ L, ~ l l ti,.,,.o ~>~ ,M , /,P ,M M ON[1 ~~. •~, ~ ,.L,.,lo .,..F *L,o 1; o ~ a ~,i. 1, ~ ~» la o ~e..,~ - ~~-----./ -- ..~-_-.. __-__ ----r_- ~_______.. T YD,A i,i 4J1 L U Vll{, ' ' 1 ~,...1 lr , ., T T ~ .,;1 1 .1 ~ +L. 1, 11 1, ,,.1 ~l,.,ll ~+.,fo_+4. ~ ~ ,~ ~ ,.. , , ~t, ~ ~ •,~ ..;1 .,.,ee~;,,R ,,,;~1,;,, *1,;.. E„ !2l11 fur '1`l, '+ , '1~ .......b .....,,....,.... ..> ~....~ ...,..> ~. ~ .~...._. > ........_ .,__ ., g_f. The City of Meridian Temporary Use Permit shall include, on its face: (1) The name(s) of the permiee and any employees and/or persons permitted to operate or carry on a TE~vtPORARY UsE within the City under such permit; (2) The time(s), date(s), place(s), and manner at and by which the TE1vrnORARY UsE is permitted to occur; (3) A description of the structure(s) that maybe erected under such permit; CLERK' S OFFICE FEE ORDINANCE UPDATE PAGE 3 OF 10 (4) A description of the caretaker unit that may be utilized for the purposes of security and maintenance of the site, if any; (5) A description of the permitted dimensions, quantity, and locations of any and all TEi~oRARY sIGNS that may be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to the permitted TEMPORARY USE; and (6) Any and all other conditions of operation that are necessary to protect the public health, safety, and welfare and mitigate effects on surrounding property, including, but not limited to, effects of traffic, parking, noise, vibration, odor, light, glare, distraction to motorists, and/or dust. hg. In addition to any and all other applicable civil or criminal penalties, the City Clerk may revoke a City of Meridian Temporary Use Permit where: (1) Any term or condition of the permit is violated by the permiee or by any employee or person operating or acting under such permit. (2) In the course of operating a TEMPORARY USE, the pernutee or any employee or person operating or acting under such permit violates a provision of this Chapter or of any other local, state, or federal law. (3) It is found, after issuance of such permit, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application therefor. The City Clerk shall notify the permiee of such revocation in writing, and shall mail such notice to the applicant at the mailing address set forth in the Temporary Use Permit application. Such revocation shall be effective immediately upon mailing by the City Clerk. }lI. Appeal of the City Clerk's revocation of an application of a Temporary Use Permit may be made by the permiee. Such appeal shall be made by City Council in writing, shall state the reasons for such appeal, and shall be delivered to the City Clerk via U.S. Mail or in person. Upon receipt of such appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting within thirty (30) days. The City Council's decision on such appeal shall be a final decision, and maybe appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. 3-4-3: TEMPORARY USES: ~~~ 6. A City of Meridian Temporary Use Permit, except that a City of Meridian Temporary Use Permit shall not be required for the following activities, provided that this exception shall not exempt such activities from any other requirements of law: FIRST AMENDMENT CLERK'S OFFICE FEE ORDINANCE UPDATE PAGE 4 OF 10 • AcTlvrrY on public or private property; any sale, trade, gift, offer, or display required by court order or by law; GARAGE SALES; or fireworks sales. a. Application for a City of Meridian Temporary Use Permit shall be made to the City Clerk, and shall include a completed application form provided by the City Clerk, which form shall include, but not be limited to: ~*~ (14) Application fee as set forth in the fee schedule of the City Clerk's Office, except that no application fee shall apply: a. Where applicant is or represents a nonprofit organization exempt from federal income tax under 26 U.S.C. section 501(c); b. Where applicant is or represents a governmental entity; or c. Where applicant is seeking a temporary use permit for a temporary sales unit for the purpose of conducting a car wash to raise funds for a school or youth organization. -rl.. •~. •1 b...11 1, ~1, o +t,,,..:h, +., .,L..,1 a ,. .,..4 ~1, o zz~cz,~--vvaiioir~nmr~cti-zac-uucav~zcy-~v~ai=v'° ..... ~.......,..: ~............ o .. ,. , r ~ ,.~,,., i. ,. o ~ ..a X1..,11 1,o aou.,a-ea ~„ ~l,o r;,~, r,~y~~ 1 Le >\ a,,;l ,. o requ~9t-att~C-ity-C-6~bi~ne€'l~ig~~38}d~3`s-Th° C. ~' Cc'.:y.c:l'~ 3-4-4: CITIZEN'S USE PERMIT: ~~~ C. Application for a city of Meridian citizen's use permit shall be made to the city clerk, and shall include the following: ~~~ 2. Application fee as set forth in the fee schedule of the City Clerk's Office, except that no application fee shall apply where _ applicant is or represents: a. A nonprofit organization exempt from federal income tax under 26 U.S.C. section 501(c ;, or b. A governmental entity. , o iia ~, uvav va ai'a Y...a ~ .............~.~.. ..... ...~.....,»...~ .,., ~.... '~' 1, 11 1. '1 .1 t„ +1,0 ,,;~, ,.1 1.. ., T T ~+ ~;1 ,,.7 ~lz~]l_~t ~ ~1, ~F 1, r rv, n _ _ iwviroZVa our , 1 7 Section 4. That the following sections of Title 3, Chapter 5, Meridian City Code, be amended to read as follows: CLERK' S OFFICE FEE ORDINANCE UPDATE PAGE 5 OF 10 • 3-5-2: LICENSE REQUIRED; APPLICATION AND PROCEDURE: ~~~ B: Application For License: An application for such license shall be made to the city clerk in such form and manner as the city clerk may prescribe. Such application shall be accompanied b_y an application fee as set forth in the fee schedule of the City Clerk's Office, and shall include, but not necessarily be limited to, the following information: *~~ G. License Issuance, Term: Upon completion of the investigation, the city clerk shall issue, subject to city council approval, and approval of the chief of police, ~~„~ :bea ?:c,,..,,., fr.,, a license which shall expire at the end of the calendar year, unless sooner revoked or surrendered. Section 5. That the following sections of Title 3, Chapter 6, Meridian City Code, be amended to read as follows: 3-6-7: APPLICATION FOR MASSAGE ESTABLISHMENT LICENSE: Application for a license to operate a massage establishment which employs any persons as massagists not exempted by this Chapter shall be made to the license officer, and shall be accompanied by the application fee as provide by fee schedule, and the application shall contain at least the following: ~~~ 3-6-8: APPLICATION FOR MASSAGIST LICENSE: Application for a massagist's license by all persons not exempted by this Chapter shall be made to the license officer, and shall be accompanied by the ~~lication fee as~rovided by fee schedule, and the application shall include the following: ~~* 3-6-11: LICENSE ISSUANCE; TERM; ~~~ Section 6. That the following section of Title 3, Chapter 8, Meridian City Code, be amended to read as follows: 3-8-8: LICENSE S-; EXPIRATION; FORM: a aaa vvaa b CLERK'S OFFICE FEE ORDINANCE UPDATE PAGE 6 OF 10 ~el~~E~~-98:58 ~,E ~ nn nn Pie-~atre~agA~+ ~ c nn ~A. License Expiration: All licenses issued under the provisions of this Chapter shall expire each year. Any person holding a license under the provisions of this Chapter must renew such license for the following succeeding year by payment to the Clerk; the license fees ~d-b_y fi3~i~~gt~ as set forth in the fee schedule of the City Clerk's Office on or before December 31. CB. License Form: The license for a private agent shall be in the form of a card which shall contain the words "Private Patrol Agent"; and shall also bear numerals designating the year in which such license is in force and effect. Section 7. That the following sections of Title 5, Chapter 4, Meridian City Code, be amended to read as follows: 5-4-5: PERMIT FOR RETAIL SALES OF NONAERIAL COMMON FIREWORKS: *~~ B. Application for a nonaerial common fireworks permit shall be made to the city clerk in such form and manner as the city clerk may prescribe. Such application shall include, but shall not necessarily be limited to, the following-~~r~eien: ~~~ 11. One application fee as set forth in the fee schedule of the City Clerk's Office for each and every operation for which a permit is sought. ~~~ r err-~~ ~~~~f k~~r,ty fiu~rl.nll~r ~Q~c nm ~ t, +• ~ t,• ~ •+ • ~.~ ~I. Each nonaerial common fireworks permit application shall be accompanied by a certificate of insurance for public liability and property-casualty insurance providing coverage of up to one hundred thousand dollars ($100,000.00) for personal injury and property damage. The policy of insurance shall be underwritten through or by a qualified and duly licensed insurance company or companies doing or authorized to do insurance business in Idaho. KJ. A nonaerial common fireworks permit issued pursuant to this chapter shall be valid for twelve (12) months from the date of issuance and for only the specific dates and location designatedin the permit, and shall be nontransferable. LK. The city clerk, the fire chief, or a designee of either, may revoke a nonaerial common fireworks permit issued pursuant to this chapter where: ~~~ 5-4-10: PERMIT FOR PUBLIC FIIEWORKS DISPLAY: ~~~ H. Each public fireworks display permit application shall be accompanied by an application fee J ~W f K u Vt/Vl as set forth in the fee schedule of the City Clerk's Office. Section 8. That the following sections of Title 6, Chapter 2, Meridian City Code, be amended to read as follows: CLERK' S OFFICE FEE ORDINANCE UPDATE PAGE 7 OF 10 • 6-2-3: CITY OF MERIDIAN DOG LICENSE: ~~~ E. License Term; Fees: ~~~ 2. License Fee Schedule: a. General License Fee: The owner of any dog, except as otherwise provided in this chapter, shall make application to the city for a city of Meridian dog license and shall pay a license fee as ~efie~CS: set forth in the fee schedule of the City Clerk's Office. l~etrte:~~e "ye~el€~egs-~9A Ne~xter~d e~ sp~ed~e,« i ti.nn ~~• ~ a,,,.~ inn nn ~~~ 3. Lost Tags; Fee: n ~, .~.~ a ~i `ec nn~ ~~..,» ~.o ,..,~a~ ~ .. o.,,.i. ~„~+ ,.;+<, ,.~ w r ~ 'a • a ~ • +~ ~ ~ ea ~-<> *~~ ~•*< •* ~ • a The city or its b b y J J o ~ licensing designee shall reissue a lost dog license ~ r® only upon_ a Payment of lost dog tag fee as set forth in the fee schedule of the City Clerk's Office; and b. Vyerification that the license tag sought to be replaced is for a current and valid city of Meridian dog license, which verification shall be made by reference to the official log(s) of the city or its licensing designee(s). Section 9. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 10. That this ordinance shall be in full force and effect on March 2, 2009. PASSED by the City Council of the City of Meridian, Idaho, this day of 2009. APPROVED by the Mayor of the City of Meridian, Idaho, this day of .2009. APPROVED: Tammy de Weerd, Mayor ATTEST: CLERK'S OFFICE FEE ORDINANCE UPDATE PAGE 8 OF 10 • Jaycee Holman, City Clerk CLERK' S OFFICE FEE ORDINANCE UPDATE PAGE 9 OF 10 NOTICE AND PUBLISHED SI]1VIlVIARY OF ORDINANCE PURSUANT TO LC. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.09-. AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING TITLE 3, CHAPTER 1, MERIDIAN CITY CODE, REGARDING FEES FOR INVESTIGATION OF LICENSE OR PERMIT APPLICANTS; AMENDING TITLE 3, CHAPTER 2, MERIDIAN CITY CODE, REGARDING APPLICATION FEES FOR BEER, WINE, AND LIQUOR LICENSES AND THE TRANSFER THEREOF; AMENDING TITLE 3, CHAPTER 4, MERIDL~I~T CITY CODE, REGARDING APPLICATION FEES FOR MOBILE SALES UNIT LICENSES, TEMPORARY USE PERMITS, AND CITIZEN'S USE PERMITS; AMENDING TITLE 3, CHAPTER 5, MERIDIAN CITY CODE, REGARDING APPLICATION FEES FOR PAWNBROKER LICENSES; AMENDING TITLE 3, CHAPTER 6, MERIDIAN CITY CODE, REGARDING APPLICATION FEES FOR MASSAGE ESTABLISHMENT AND MASSAGIST LICENSES; AMENDING TITLE 3, CHAPTER 8, MERIDL~N CITY CODE REGARDING APPLICATION FEES FOR PRIVATE PATROL SERVICE, PRIVATE SECURITY SERVICE, AND PRIVATE PATROL AGENT LICENSES; AMENDING TITLE 5, CHAPTER 4, MERIDIAN CITY CODE, REGARDING APPLICATION FEES FOR RETAIL SALES OF NONAERIAL COMMON FIREWORKS PERMITS AND PUBLIC FIREWORKS DISPLAY PERMITS; AMENDING TITLE 6, CHAPTER 2, MERIDL~N CITY CODE, REGARDING DOG LICENSE AND LOST DOG TAG FEES; AND PROVIDING AN EFFECTIVE DATE. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Ave., Meridian, Idaho. This ordinance shall become effective on March 2, 2009. City of Meridian Mayor and City Council By: Jaycee L. Holman, City Clerk First Reading: Adopted a$er first reading pursuant to Idaho Code § 50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF .ORDINANCE NO. 09-_ The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 09- ofthe City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this day of , 2009. William. L.M. Nary City Attorney, City of Meridian CLERK'S OFFICE FEE ORDINANCE UPDATE PAGE 10 OF 10 • January 23, 2009 Department Reports MERIDIAN CITY COUNCIL MEETING January 27, 2009 APPLICANT ITEM NO. 6-~-~ REQUEST ABS Budgeteed Contract Amendment No. 7 for X1,409.00 AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings sha8 become property of the City of Meridian. • CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 BUDGETED CONTRACT AMENDMENT ~tca ~r-~o -vo 7 ~'~41~.. BUDGETED CONTRACT AMENDMENT N0.07 PROJECT NO. CH-06-001 DATE: 11/17/08 EFFECTIVE DATE: CONTRACTOR: ABS PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make Ute following changes from the Contract Documents and Plans. Descrfptlon: Incotpora~ revisions per ASI~152 $ Addffion of lockset ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Budgeted Contract Amendment: Additional scope or revisions per listed AS18 Add of lockset Attachmenth: Change Items description, dated 10!6/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $277,230.00 Original Contract Times: Substantial Completion 8/28!08 Net changes form previous Budgeted Contract Amendment: Net changes form previous Budgeted Contrail Amendment: No. 01 to 07 No._ to ~ (calendar days) $27,681.00 None Contract Price Prior to this Budgeted Contract Amendment: Contract Times prior to this Budgeted Contract Amendment: (calendar days or date) $304,911.00 Srz6/2ao8 Net Increase (deereaee) of this Budgeted Contrail Amendment: Net Increase (decrease) of this Budgeted Contract Amendment: (calendar days or date) $1,429.00 None Contract Price with all Approved Budgeted Contract Contrail Times with alt Approved Budgeted Contract Amendment: Amendment: (calendar days) $306,340.00 uf:stantial Completion 8/Z8/2008 RECOMMENDED: (CONSTRUCnoN MANAG ACCEPTED: (CONTRACTOR) Petra Inc. ; Architectural Hui ding Supply By: Thomas R. Coughlin By: Stewart Je n Date: ~ ~ ~ ~ D /` APPROVED: (CnY URC, SI ~ CO NCIL APPROVAL By: Keith Watts Date: /~ ZZ ~O ) ~~ttttt`urCtrrArrr~~j'' Date: I ~ 2 ~ - ~~ ~~ "'WQ ~~i ( l ~ ~~ APPRO ATTEST: ~.` j~ By: Mayor Tammy d eerd . By: City Clerk, J ose Hofman_ ~~ p 1~~ ' 0 Date• ~ Date: 'a • a- -r~ _ ~ ~ ~/O ~y~~ ~ • Memo To: Jaycee Holman, City Clerk Frorru Keith Watts, Purchasing Agent CC: Tara Green, Stacy Kilchenmann, Gene Bennett Dam 1/21/09 Rey: January 27 City Council Meeting Agenda Item The Purchasing Department res~ctfully requests that the following item be placed on the January 27, 2009 City Council Agenda Department Reports for Council's consideration. Multiple Budgeted Contract Amendments for the New City Hall Building ABS -Budgeted Contract Amendment No. 7 - $1,428.00 -Owner Initiated. Advanced Shan -Budged Contract Amendment No 2 - $5,127.00 -Owner intitated. Interior Sign Revisions Alpha Masonry -Budgeted Contract Amendment No 3 -$520.00 -Owner/Contractor Initiated. Amex - Budget! Contract Amendment No 3 - $3,746.00 -Owner Request~l additional card readers and panic buttons. Axelsen Concrete -Budgeted Contract Amendment No 1 -$6,880.00 - ACHD revisions - F~st Parking Lot Buss Mechanical - Budgeted Contract Amendment No 4 - $5,304.00 - Owmer/Architect/Contractor Initiated Revisions Schindler Elevator -Budgeted Contract Amendment No 3 - $1,950.00 - ArchitecUContractor Initiated. Recommended Council Action: Approve Multtiple Change Orders for additional work for a Not To-Facceed amounts listed above for a total amount of $24,856.00 and author¢e the Mayor to sign and City Clerk to attest. Thank you for your consideration. CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 BUDGETED CONTRACT AMENDMENT BUDGETED CONTRACT AMENDMENT NO.O7 PROJECT NO. CH-06-001 DATE: 11/17/08 EFFECTNE DATE: CONTRACTOR: ABS PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per ASlil!152 8 Addition of tockset ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Budgeted Contract Amendment: Additional scope or revisions per listed ASI 8 Add of lackset Attachments: Change Items description, dated 10!8!08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $277,230.00 Original Contract Times: Substantial Completion 8!28!08 Net changes form previous Budgeted Contract Amendment: Net changes form previous Budgeted Contrail Amendment No. 01 to 07 No._ to ,_ (calendar days) $27,6$1.00 None Contract Price Prior to this Budgeted Contract Amendment: Contrail Times prior to this Budgeted Contrail Amendment: (calendar days or date) $304,911 AO 8na~2oo8 Net Increase ) of this Budgeted Contract Amendment: Net Increase (decrease) of this Budgeted Contract Amendment: (plendar days or date) $1,429.00 None Contrail Price with all Approved Budgeted Contrail Contract Times with all Approved Budgeted Contract Amendment: Amendment (calendar days) $306,340.00 ubstantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION MANAG ACCEPTED: {CONTRACTOR) Petra Inc. Architectural 8ui c#ing Supp{y By: Thomas R. Coughlin Hy: Stewari Je n Date: ~ j ~ e~ D ~ ~` APPROVED: {CnY UR SI ~ CO NCIL APPROVAL By: Keith Watts Date: ~ ~ Z Z . ~ Q Date: APPROVED: (CnYj - ATTEST: By: Mayor Tammy de Weeni By: City Clerk, Jaycee Holman Date: Date: ~~ trp C_J CHANGE ORDER No. 00007 323-4500 BOISE, IDAHO RCE-1875 1097 N ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (206) 323-4500 • FAX: (208) 323-4507 TITLE; ASI#152 Pricing- Phase III DATE: 11/10/2008 PRO]ECT: Meridian City Hall 70B: 060675 TO: Attn: Stewart Jensen CONTRACT NO: 22 Architectural Building Supply 960 E. Franklin Rd. Meridian, ID 83642 Phone:208-8848917 Fax:208-8845641 RE: To: From: Number: DESCRIPTION OF CHANGE **All taxes are included in casts** Tax Tax Nett Item D~Iptlon Quantity Units Unit Price Rate Amount Amount 00001 ASI#152 Add Door Closures (COR#24)- Add door clsures to doors 127, 138, 1.000 LS $1,080.00 0.00% $0.00 $1,080.00 248 & 319. ABS quote 10/23/08. City request 00002 for Lock Door #346A. Add lodcset to Mayor Suite Conference Rm Door. ABS 1.000 LS $349.00 0.00% $OAO $349.00 quote 11/3JQs Unit Cost: $1,429.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0~/a GC markup: $0.00 Total: $1,429.00 The Original Contract Sum was ................................................................................................. $277,230.00 Net Change by Previously Authorized Requests and Changes ................................................ $27,681.00 The Contract Sum Prior to This Change Order was ...................................................... $304,911.00 The Contract Sum Wilf be Increased ................................................................................... $1,429.00 The New Contract Sum Induding Thls Change Order ...................................................... $306,340.00 The Contract Time Will Not Be Changal ................................................................................. The Date of Substantial Completion as of this Change Order The,~yfore is_ ........................... ACCEPTED: Archit uildin ply Petra Incorpora , iL~A chitec , Ste J ~ sen ____ Tom Coughli ~ Steve Christensen Date: Date: Date: ~' •~•~ • 0'rj expedhion MERIDIAN CITY HALL PROJECT NO: CH-06-001 ARCHITECTURAL BUILDING SUPPLY -Phase 3 (22) CHANGE ORDER NO 7 11!07/08 CHANGE ORDER REMS 1 ASI 152 Add Door Closures (COR#24) 1,080.00 Add door closures to doors 127,138,248 8~ 319 ABS quote 10/23//08. City Request 2 Door Lock Door #346A 349.00 Add lockset to Mayor Suite Conference Rm Door ABS quote 11/3108 1,429.00 Page 1 of 1 • • January 23, 2~9 Department Reports MERIDIAN CITY COUNCIL MEETING January 27, 219 APPLICANT ITEM NO. 6'C'2 REQUEST Advanced Sign Budgeted Contract Amendment No. 2 for $5,127.OQ AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See attached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetUtgs shall become property of the City of Meridian. CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 BUDGETED CONTRACT AMENDMENT BUDGETED CONTRACT AMENDMENT N0.02 PROJECT NO. CH-06-001 DATE: 11/24/08 EFFECTME DATE: CONTRACTOR: Advanced Slgn PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed m make the following changes from the Contract Documents and Plans. Description: AStfklb8 Interior Sign Revlstorts (CORt103) ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Budgeted Contract Amendment: Ctty of Meridian request Attachments: Change Items description, dated 11/24108, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $42,954.29 Original Con~dil Times: Substantial Completion 8!28/08 Nei changes form previous Budgeted Contrail Amendment: Net changes form previous Budgeted Contrail Amendmert: No. 00 to 01 No._ to _ (calendar days} $4,542.00 None Contrail Prime Prior to this Budgeted Contrail Amendment: Contrail Times prior to this Budgeted Contrail Amendment: (calendar days or date) $47,496.29 8r18/2o08 Net Increase (decraaee) of this Budgeted Contrail Amendmen Net Increase (decrease) of this Budgeted Contrail Amendment: (calendar days or date) $5,127.00 None Contract Price with all Approved Budgeted Contrail Contrail Times with all Approved Budgeted Contrail Amendment: Amendment: $52,623.29 (calendar days) Su)~Intlal Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION ) CCEPTED: (CONTRACTOR) Petra Inc. By: Thomas R Cou hlin ~ dvanced Sign g~~, ~ ~~ . g By: Jim Nemeth - ti~ Date: ~Z ~ Date: f~~/ ~a !~7 APPROVED: (CITY PuR~ i G E COUNCIL APPROVAL By: Keith Watts `~`Nw~u-~IN,~,~~ Date: ~ ~ Date: ~ ~ ~~~~~ ~ ~/t~~~i ~'i ~9 APPROVEp:~C1#}-- ATT'ES By: Mayor Tatum w rd - o~ By: City Clerk, Jayt~e Holman 8EAL Date: ~-~ Date: a --a--a5 = ~ ~ ~~~ 9~ 4~T 18,E ,1 ~p \`. CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83842 BUDGETED CONTRACT AMENDMENT BUDGETED CONTRACT AMENDMENT N0.02 PROJECT NO. CH-06-001 DATE: 11/2M08 EFFECTIVE DATE: CONTRACTOR: Advanced Sign PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following chatng~ from the Cornract Documents and Plans. Description: AShi«168 interior Sign Revisions (COR~03) ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME Reason for Budgeted Contract Amendment: City of Meridian request Attachments: Change Items d~crlption, dated 11/24108, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $42,954.29 Original Gorttrail Tinter: Substantial Completion 8/28/08 Net changes form previous Budgeted Contrail Amendment: Net changes form previous Budgeted Contrail Amendment No. 04 t0 01 No.,,, to _ (calendar nays) $4,542.00 None Contrail Price Prior to this Budgeted Contrail Amendment Contrail Times prior to this Budgeted Contrail Amendment: (calendar days or date) $47,496.29 8/28/2008 Net Increase ( of this Budgeted Contrail Amendment Net Increase (decxease) of this Budgeted Contrail Amendment: (calendar days or date) $5,127.00 None Canirail Price with all Approved Budgeted Contrail Contrail Times with a0 Approved Budgeted Contrail Amendment Amendment {calendar days) $52,623.29 Substantial Completion 8128/2008 RECOMMENDED: (CONSTRUCTION ) ACCEPTED: (CONTRACTOR) Petra Inc. 9 Advanced Sign l ~ By: Thomas R. Coughlin By. Jim Nemeth Y~~~-r' Date: ~2 ~ Date: ~` `' / / '~7 APPROVED: {CITY PUR~ I O E COUNCIL APPROVAL By: Keith Watt Date: ~ Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Cleric, Jaycee Holman Date: pie; • • CHANGE ORDER 323-4500 BOISE, IDAHO No. 00002 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323507 TITLE: ASI #159 Interior Sign Revisions DATE: 11/24/2008 PROJECT: Meridian City Hatl SOB: 060675 TO: Attn: Jim Nemeth CONTRACT NO: 55 Advanced Sign 511 W Highland Boise, ID 83706 Phone:208-345-8682 Fax:208-345-0015 RE: CO To: ADVSIGN From: CITYMER Numiimr: 00001 DESCRIPTION OF CiFlANGE **All taxes are included in costs** Tan Tara Plat Itiem D~ipdon Quantity Unilts Unit Price Rasa Amount Amount 00001 ASI#159 Interior Sign Revisions (COR#03)- Various ~gn corr~tion5 and 1.000 LS $5,127.00 0.00°k $0.00 $5,127.00 addidor~s per tnj+ of Meridian request Approximately 44 revisions an installation fee. Advanced Sign quote revised il/21(Q8 Unit Cost: $5,127.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 O.0% GC markup: X0.00 Total: $5,127.00 The Original Contract Sum was ................................................................................................. $42,954.29 Net Change by Previously Authorized Requests and Changes ................................................ $4,542.00 The Contract Sum Prior to This Change Order was ...................................................... $47,496.29 The Contract Sum Will be Increased ................................................................................... $5,127.00 The New Contract Sum Including This Change Order ...................................................... $52,623.29 The Contract Time Will Not Be Changed ................................................................................. The Date of Sut~ntial Completion as of this Change Order Therefore is, .............................. • MERIDIAN CITY HALL PROJECT NO: CH-06-001 ADVANCED SIGN -Phase 3 (55~ CHANGE ORDER NO 2 11 /24/08 CHANGE ORDER ITEMS 1 ASI 159 Interior Sign Revisions (COR#03) 5,127.00 Various sign corrections and additions per City city request. Approx 44 revisions i~ install Advanced Sign quote revised 11/21/08 5,127.00 January 23, 2009 Department Reports MERIDIAN CITY COUNCIL MEETING January 27, 2009 APPLICANT ITEM NO. 6-C-3 REQUEST Alpha Masonry Budgeted Contract Amendment No. 3 for $520.40 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 W EST: INTERMOUNTAIN GAS: MERiDiAN POST OFFICE: COMMENTS See attached OTHER: Contacted: Date: Phone: Emaiied: Staff Initials: Materials presented at public meeting shall become property of the City of Meridian. CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 BUDGETED CONTRACT AMENDMENT '~ .. BUDGETED CONTRACT AMENDMENT N0.03 PROJECT NO. CH-OS-001 DATE: 12!29/08 EFFECTIVE DATE: CONTRACTOR: ALPHA MASONRY PROJECT: MERIDIAN CITY HALL -Phase 4 Plaza & Site Improvement The Contractor Is hereby directed to make the following changes from the Contract Documents and Plans. Description: incorporate revisions per ASI #184 ALL OTHER TERMS AND CONDITIONS REMAEN THE SAME Reason for Budgeted Contract Amendment: Additional scope or revisions per listed ASI Attachments: Change Items descrlptton, dated!!/10/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $194,585.00 Original Contrail Times: Sutsstantial Completion 8/28/08 Net changes form previous Budgeted Contract Amendment: Net changes form previous Budgeted Contract Amendmert: No. 00 to 01 No._ to _ (calendar days) $11,596.00 None Contract Price Prior to this Budgeted Contract Amendment: Contract Times prior to this Budgeted Contrail Amendmerrt {calendar days or date) $206,181.00 8/28/2008 Net Increase (derwwwace) of this Budgeted Contract Amendment: Net Increase (det~ease) of this Budgeted Contrail Amendment: (calendar days or date) $520.00 None Contract Price with all Approved Budgeted Contrail Contract Times with all Approved Budgeted Contract Amendment: Amendment: (calendar days) $206,701.00 Sul~tantial Completion 8/28/2008 RECOMMENDED: {CONSTRUCn R ACCEPTED: {conITRACTOR) Petra Ina `' 4lpha Masonry ; ~ yrs- By: Thomas R. Coughlin ~/~ By: Daryl Coleman Date: ! Date: ~~ ~ APPROVED: (CITY Pu C G~ COUNCIL APPROVAL By: KelthWatts / ti iirrrrr ~ ~ ~ l Date: I „' ~ ^ O ~/ \ ~~p 2 ~ ~ Date: ~I ~ -""""'~p~''i~,, i q , APP A ST: By: Mayor Tammy de eerd _~ By: City Clerk, Jaye Ho non BFiAL - Dete: - - Date: a.'~- ~ ep i 1~ '%~90,~ r 1St ~ P~ `': ~~~~~fffolsu.u ;c`~~~~~~ • CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 BUDGETED CONTRACT AMENDMENT BUDGETED CONTRACT AMENDMENT N0.03 PROJECT NO. CH-06-001 DATE: 12/29/08 EFFECTIVE DATE: CONTRACTOR: ALPHA MASONRY PROJECT: MERIDIAN CITY HALL -Phase 4 Plaza & Site Improvement The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate rev~lons per ASI X164 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME Reason for Budgeted Carttract Amendment: Additional scope or revisions per listed ASI Attachments: Change Items description, dat~1U10/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $194,585.00 Original Contrad Times: Substantial Completion 8!28108 Net changes form previous Budgeted Contad Amendment: Net changes form previous Budgeted Contract Amendment Na. 00 to 01 No._ to _ (calendar days) $11,596.00 None Contrad Prig Prior to this Budgeted Contrad Amendment: Contrad Times prior to this Budgeted Contrad Amendment: (calendar days or date) $206,181.00 8/2s/2oos Net Increase (der~ease) of the Budgeted Contrad Amendment Net Increase {decrease) of this Budgeted Contrad Amendment (calendar days or date) $520.00 None Contrad Price with a[I Approved Budgeted Contad Conbad Times with all Approved Budgeted Contrad Amendment: Amendment (calendar days) $206,701.00 Substantial Comp!®tion 8/28/2008 RECOMMENDED: (CONSTRUCTIO ACCEPTED: (CONTRACTOR Petra Inc. `' Alpha Masonry ~ , w ~ ~--~ By: Thomas R. Coughlin ~~~ By. Daryl Coleman ,!~' Date: Date: ~~ ~ APPROVED: (Cn~ C G G COUNCILAPPROVAL By: Keith Water Date: ~ ,., ~ 2 _ o date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By. City Clark, Jaycee Holman Date: Date: 1097 N. ROSARIO STREET • MERIDUIN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI #164 -Phase N PRO]ECT: Meridian City Hall DATE: 12/31J2008 ]OB: 060675 TO: Attn: Daryl Coleman Alpha Masonry 2645 S. Substation Rd Emmett, ID 83617 Phone:208-365-1367 Fax:208-365-4605 RE: CO To: ALPHAS CONTRACT NO: From: CITYMER DESCR~TION OF CHANGE **AII taxes are included in casts** Item Descrip#lon 00001 ASI #164 Irrigation Box Revision (COR #OS) Ir~tdll brick veneer around irrigation box. Alpha DFA da6ed 12/19/08. 41 Number: 00002 Tax Tax Net ~~ij/ Unlts Unlt Prlce Rate Amount Amour 1.000 LS $520.00 0.00°/a $0.00 $520.00 Unit Cow $520.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: .00 Total: $520.00 -- The Original Co~rtract Sum was ................................................................................................. Net Change by Previously Authorized Requests and Changes ................................................ The Contract Sum Prior to This Change Order was ...................................................... The Contract Sum will be increased ................................................................................... The New Contract Sum Including This Change Order ...................................................... The Contract Time will Not Be Changed ................................................................................. The Date of Substantial Completion as of this Change Order Th~#ore is ,~ ........................... $194,585.00 $11,596.00 $206,181.00 $520.00 $206,701.00 LCA Ar hit~ts, P^ I~ ~' ~ ~-- Steve Christensen Date: 1/5~o°i ! ~ MERIDIAN CITY HALL PROJECT NO: CH-fl6-001 ALPHA MASONRY INC -Phase 4 (41) CHANGE ORDER NO 3 12!29/08 CHANGE ORDER ITEMS 1 ASI 164 Irrigation Box Revision (COR# 05) Install brick veneer around irrigation box. Alpha DFA dated 12/19/08 520.00 520.00 Page 1 of 1 Tom Coughlin • Page 1 of 1 From: darrell Coleman [alphamasonry67@yah~.com] Sent: Friday, December 19, 2008 9:16 PM ,~ To: Tom Coughlin ~ ~'"J 4 / Subject: Brick for Imagaton box ..-- Tom, ~~ The cost to install brick and ties and supply mortar: $520.00 ~` Darrell ~/~,tc,~t,. ~'~'~'~ ~oAG~ ~'4 lac n.a 1.~ ~ ~~/ v has ~{ 12/20/2008 • • January 23, 2009 Department Reports MERIDIAN CITY COUNCIL MEETING January 27, 2409 APPLICANT ITEM NO. 6-C-4 REQUEST Apex Budgeted Contract Amendment No. 3 for $3,74b.00 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 W EST: INTERMOUNTAIN GAS: MERID{AN POST OFFICE: COMMENTS See alMehed OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materfads presented at pubNc meetMgs shall become property of fhe Cfly of Meridian. P ~ • CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 BUDGETED CONTRACT AAAENDMENT ~J~+ • • ~ r ~. v ~ v Liv ~2 3/• d8' to:ro BUDGETED CONTRACT AMENDMENT N0.03 PROJECT NO. CH-06-001 DATE: 11/11/08 EFFECTIVE DATE: CONTRACTOR: Apex Integrated Security Solutions PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contrast Documents and Plans. Description: incorporate revisions per ASI#'134R & 146, Furnish Intrusion Panel ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Budgebad Contract Amendmerrt: Additional scope or revisions per Itsted ASI's & Addition Attachments: Change items descNptlon, dated 11/3108, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $84,895.00 Original Corrtrail Times: Substantial Completion 8/28/08 Net changes form previous Budgeted Contract Amendment: Net changes form previous Budgeted Contract Amendment: No. 01 to 02 No._ to _, (calendar days) $10,665.00 None ConVail Price Prior to this Budgeted Contract Amendment: Contrast Times prior to this Budgeted Contras Amendment: (calendar days or date) $95,360.00 g~g/Y008 Net Increase (~leeoease} of this Budgeted Contract Amendment: Net Increase (decrease) of this Budgeted Contract Amendment: (calendar days or date) $3,746.00 Nane Contrast Price with all Approved Budgeted Contract Contrail Times with all Approved Budgeted Contrail Amendment: Amendment: (plendar days) $88,106.00 Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION ) ACCEPTED: (CONTRACTOR) Petra Inc. ( 8y: Thomas C ghlin Apex Integrated ecuri o io By: Bill Atkinson ~/y Date: / ~, D Date: ~,- zoo APPROVED: (Cm'PUR C ING t Tj / / J ~ COUNCIL APPROVAL i ~/ / ./y`~~ V " By: Keith Watts !~ > ~ ~ ~~ r u u, r i , ~ . '~ Date: ~ +~ _ D / ~~A. ~ Dale: O~ .)1 "'~'UQ ,r4~ / ~i APP VE r~ - A ST• ~~ ~~ n ~ ~. By: M or Tammy de W d ~~ By: City Clerk, Jaycetl~iolm n p~ ~ T '_ Date; "3 ~ Date: ~ '~-~~~ oPid-~ c Z • ~61CQ1 ~L •b'U1S N'G(o 12 3l. d8' taro CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 BUDGETED CONTRACT AMENDMENT BUDGETED CONTRACT AMENDMENT N0.03 PROJECT NO. CH-06-001 DATE: 11/11/08 EFFECTIVE DATE: CONTRACTOR: Apex Integrated Security Solutions PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes tram the Contract Documents and Plans. Description: Incorporate revisions per ASI#134R 8146, Furnish Intrusion Panel ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Budgeted Contract Amendment: Additional scope or revisions per listed ASI's 8 Addition Attachments: Change Items description, dated 11/3108, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $84,695.00 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Budgeted Contract Amendment: Net changes form previous Budgeted Contract Amendment: No. 41 to 02 No._ to _ (calendar days) $10,665.00 None Contract Price Prior to this Budgeted Contract Amendment: Contract Times prior to this Budgeted Contract Amendment: (calendar days or date) $95,360A0 6/2s/2ooa Net Increase ) of this Budgeted Contract Amendment: Net Increase (decrease) of this Budgeted Contract Amendment: (calendar days or date) $3, 746.00 Nona Contract Price with all Approved Budgeted Contract Contrail Times with all Approved Budgeted Contrail Amendment: Amendment: (calendar days) $99,106.00 Substantial Completion 8/28/2008 RECOMMENDED: (coNSTRUCT1oN ) ACCEPTED: (conlrRAC-roR) Petra Inc. ~ By: Thomas ghlin Apex'Integrated ,ecurit 'o 'o ~ ~~ gy. t3i!!' Atkinson Date: ~ ~ Bate: ~.2"~ APPROVED: (CITY PUR/Cj SING N'rJ / COUNCIL APPROVAL By: Keith Watts Date: J ~. 2 Z _ D / Date: APPRO VED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaye Holman Date: Date; • CHASE ORDER ~~~~~ ~ ~ ~ ~ d ~ [~ o. 00003 ~ 323-4500 JAN ~ 7 2009 I~t~*'' BL}ISE, IDAHO R4'E-1875 rn VI ~~,~ ocs. so~.m By t\'!'f19'."IT ~ T t'1 M1T~ ~ /"O'M'e G. 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI Pricing- Phase III PROJECT: Meridian City Hall TO: Attn: 8i11 Atkinson Apex Integrated Security Solutions 5517 W Kendall Boise, Id 83706 Phone: 208-378-9650 Fax:208-378-9660 RE: To: DESCRIPTION OF CHANGE **All taxes are included in costs** DATE: 11/3/2008 70B: 060675 CONTRACT NO: 38 From: Number: Item Desalption 00001 ASI#134R Security for Door 349 (COR#04} Add card reader to Mayor's Suite entrance door #349 and door release buaer and panic button at reception desk in Rm. 354 per City request. Apex quote data) 10/9/08 00002 ASI#146 Panic Buttons Coundl Chambers (COR#OS)- Add 3 panic buttons to chambers desks per City request. Apex quote 10/9/08 00003 Intrusion Panel (COR#06)- Furnish and install intru~on panel for panic alarm buttons. This panel tb be integrated into the security system and will allow the panic buttons looted through out the building to autamatiplly notify the 911 system. This iiidudes programming, setup and testing. Phone line and monitoring service fee is not included. Apex quote 10/9. Tax Tax Net Quantity Units Unit Price Rate Amount Amount 1.000 LS $1,150.00 0.00°!0 $0.00 $1,150.00 1A00 LS $555.00 0.00% $0.00 $555.00 1.000 LS $2,041.00 0.00% $0.00 $2,041.00 Unit Cost: $3,746.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0.00 Total: $3,746.00 The Original Contract Sum was ................................................................................................. $84,695.00 Net Change by Previously Authorized Requests and Changes ................................................ $10,665.00 The Contract Sum Prior to This Change Order was ...................................................... $95,360.00 The Contract Sum Will be Increase~l ................................................................................... $3,746.00 The New Contract Sum Including This Change Order ...................................................... $99,106.00 The Contract Time Will Not Be Changed ................................................. .............................. The Date of Sut+stantial Completion as of this Change Order Therefore ............................. ACCEPTED: Apex In utions Petra Incorpo 8y: ~f ~~'J By~ ~8ill Atkinson,..... To Date: C r- 2 - p (., Date: F:c~dition ~ LCA Arc 'tects, sy: lin Steve Christensen S Date: til o it • MERIDIAN CITY HALL PROJECT NO: CH-06-001 • APEX INTEGRATED SECURITY SOLUTIONS, INC -Phase 3 (38) 11/03/08 CHANGE ORDER NO 3 CHANGE ORDER ITEMS 1 ASI 134R Security for Door 349 (COR#04) 1,150.00 Add card reader to Mayor's Suite entrance door #349 and door release buzzer and panic button at reception desk in Rm 354 per City requet. Apex quote dated 10/9/08 2 ASI 146 Panic Buttons Council Chambers (COR#05) 555.00 Add 3 panic buttons to chambers desks per City request. Apex quote 10/9/08 3 - - Intrusion Panel (COR#06) 2,041.00 Furnish and install intrusion panel for panic alarm buttons. This panel to be intrgrated nto the security system and will allow the panic buttons located throught out the building to automatical notify the 911 system. This includes programing, setup and testing. Phone line and monitoring servive fee is not included. Apex quote 10/9 3,746.00 Page 1 of 1 • ~~ 7ntey:ated 5~uity 5olvtrom Profiecting People, Facilities and information. PROPOSAL Date: October 9, 20r~ Jab: MCH FOR: Meridian Cily Hal Meridian, Idaho We are pleased to submit the Ioliowing b~: Job D~criptiOn. ASI 134R - ~rih for Door 349 (3rd floor mayors suite) artd door release trotter ---_-- - --- rec~pttoNst desk in RM 354. Nso, InstaS panic button at rec~pttontst desk RM 354--_-- --_-_ QTy, DESCRIPTION PRICE 1 Lenel Shtgle Reader Interface Module 1 Lenel interface Module Back Plate ~ Gr ao /~c~ t~ 1 Lenel Multi-techr~iagy Card Reader 6 A~~ U'~'T 1 4 Securitron°Push to Unlock° surhace mounted button D~p~, ~ij ~ GE (Serrtrol) Under Desk Panic Button - ~q,A/G L i~i/'~~ 1 Misc. Materials and SuppUes 1 Cable: Pterwm Rated Cable 1 Labor. Temdnatton, Programming and Testing Total: 51,149.88 f,1 ~'c~ ,q~rC-ray _ cah. X83 -- 6877 W. Kendall Boise. Idaho 83706 208.376.8650 ,~ ~' ~' - 3 `~ ~ ~~/Z. d `~ ~ i ~ ~~ tnteQrcted SecvtltY 9olutinas Protecting People, Faciiities and information. PROPOSAL Date: October 9, 2008 Job: MCH FOR: Mmidlan Cityr Hat Meridian, IdaM IIVe are pleased to submk the toUawfig b/d.' Job DesCr/ptlon. ASI 146 - Cauncp Chambers Pardc Button; Q1'Y. DE8CRIPTION PRICE 3 GE (Sentroq Under Desk Panic Button 1 M[sc. Materials and Supplies 1 Cable: Plenum Rated Cable 1 tabor. Temiir-atlon, Programming and Testlng Total: 5558.18 ~~~~~ 5517 W. Kendall Boise, Idaho 83706 208.378.8850 C~2 ~ ~.~ ~~~-/Y~ Protecting People, Facilities and Information. ,of~o~«- s~~ty ~~~~~ PROPOSAL Date: October 9, 2008 Job: MCH FOR: Meridian City Hal Meridian, IdaM 6b1T W. Kendall Boise, Idaho 83706 208.378.9650 ~ 6~0 ~~ ~ We are pleased to submd the following bld• JOb DesCrlpdOn. Intrusion Panel for Panic Buttons (Irrtegrated into Lenel OnGuard S aster Per meeting dated 10/06!08 • January 23, 2009 Department Reports MERIDIAN CITY COUNCIL MEETING January 27, 2009 APPLICANT ITEM NO. 6-C-5 REQUEST Axeisen Concrete Budgeted Contract Amendment No. 1 for $6,880.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLIGE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See ailached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the Ctiy of Meridian. CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER ~~f2Gt (~~ ~~h CHANGE ORDER NO. 01 PROJECT NO. CH-06-001 DATE: 72/26/08 EFFECTNE DATE: CONTRACTOR: AXELSEN CONCRETE CONSTRUCTION PROJECT: MERIDIAN CITY HALL - Phase V East Parking Lot The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions for ASI #'136, ASI I;<'I56 and ASI 5164 for Miss Work Chang ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME Reason for Change Order: Additional scope of revisions per listed ASI 6'136, ASI #165 and ASI di54 Attachment: Change Order Items Description, dates! 1212BJ08, with contractor quote CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 28,720.00 Original Contract Times: Substantial Completion 12/5108 Net changes form previous Change Orders Net changes form previous Change Orders No. 0 t0 0 Na_ to _ (calendar days) $0.00 Norre Contract Price Prior to this Change Order. Contract Times prior to this Change Order. (calendar days or date) $28,720.00 7ysnoos Net Increase (decrease) of this Change Order: Net Increase (decrease) of this Change Order. (calendar days ar date) $6, 880.00 None Contract Prime with all Approved Change Osiers: Contract Times with all Approved Change Orders: (calendar days) $35,808.00 Substantial Completion 12!5/2888 RECOMMENDED: (CONSTRUCTION MA ACCEPTED: (CONTRACTOR) Petra Inc. Axelsen Concrete Constructi0 - By: Thames R. Coughlin , / By: Paul Axelsen p"~ ~i~^.-' Date: f ~ Date: !- L _ b APPROVED: (CI7Y AG ~ COUNCIL APPROVAL ~s ~ ' ~! By: Keith Watts /~ ~ ~ ~ ~ Date: ~ ,. rz•Z~ ~ V ~~~~~1~T-tu-rNJJ~J . Data: APPROVEI~-- ~ ATTEST: `.J q~ '- i `~ TFO By: Mayor Tammy de rd By: City Cie , Jayr~e Hyman ~ oat®: _ ~ Date: ~, . a._ ~s ' BLAL '9p ~r 173't •, ~~. q~ ~o CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER i W V / CHANGE ORDER NO. 01 PROJECT NO. CH-06-001 DATE: 12/26/08 EFFECTNE DATE: CONTRACTOR: AXELSEN CONCRETE CONSTRUCTION PROJECT: MERIDIAN CITY HALL - Phase V Last Parking Lot The Contractor is heretry directed to make the following changes from the Contract Documents and Plarm. Description: Incorporate revisions for ASI #'136. A31 #'Ib5 and ASI ~k184 for Misc. Work Changes ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order. Additional scoff of n'svisions per listed ASI fH36, ASI A'Ili6 and A31 #184 Aftachmerrts: Change Order Items Description, dated 12/Z6/~, with contractor quote CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 28,720.00 Original Contrail Timms: Substan#ial Completion 9215/08 Nat changes form previous Change Orders Net changes form previous Change Orders No. 0 to 0 No._ to _ (calendar days) $0.00 Nona Contrail Price Prfor to this Change Order. Contract Times prior to this Change Order. (calendar days or date) $28, 720.00 12/5/200a Net Increase {decxease) of this Change Order. Nat Increase (decrease) of this Change Order (calendar days or date) $6,880.00 None Contract Price with atl Approved Change Orders: Contrail Times with all Approved Change Orders: (cale~tdar days) $35,600.00 SubstafttJal Completion 12I5l2008 RECOMMENDED: (CONSTRUCTION AAA ACCEPTED: (CONTRACTOR) Petra Inc. Axeisen Concrete Construed ~~ By: Thomas R. CaughGn By: Paul Axelsen~ ~r~~"" Date: j ~ Dat®: ~-~ _o APPROVED: {CnY~ AG ~~~~~ COUNCIL APPROVAL ~~ By: KeRh Watts Date: / . ~ 2 ~ O Date: APPROVED: (Cn'1~ - ATTEST; By: Mayor Tammy de Weerd By: City Cleric, Jaye Holman Date: Date: .1097 N. ROSARIO STREET' • MERIDIAN, ID 83642 • PHQNE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI & Misc. Changes - Phase V DATE: 12/31/2008 PROTECT: Meridian City Hall 7OB: 060675 TO: Attn: Paul Axelsen CONTRACT NO: 54 Axelsen Concrete Construction, LLC 4640 Hemlock Way Nampa, ID 83687 Phone: 208-466-5620 Fax: 208-466-7895 RE: To: From: Numb: DESCRIPTION Of CHANGE **AII taxes are induded in casts** Tax Tax Not Item Description QuenBty Uniibs Unit Prime Rabe Amount Amount 00001 ASI #136 -East Parking Lot Revised Drawings (CAR #06). Incarparate ACRD 1.000 LS $2,755.00 0.00% $0.00 $2,755.00 comments & requests. Axelsen Quote 12/2/08 00002 ASI #155 -Railroad Track Paver Walkway (COR #07). Farm and pour concrete 1.000 LS $4,125.00 0.00% $0.00 $4,125.00 slab, approximately 642 SF with 1000 !F of 8" W x 4° carrb. Axelsen Quote 10/15/08. 00003 ASI #164 - Irrigatlan Box & Manhole (COR #09). No work required. 1.000 LS $0.00 0.00% $0.00 $0.00 Unit Cost: $6,880.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: .00 Total: $6,880.00 The Original Contract Sum was ................................................................................................. $28,720.00 Net Change by Previously Authorized Requests and Changes ................................................ $0.00 The Contract Sum Prior to This Change Order was ...................................................... $28,720.00 The Contract Sum Will be increased ................................................................................... $6,880.00 The New Contract Sum Including This Change Order ...................................................... $35,600.00 The Contract Time Will Not Be Changed ................................................. ............................ The Date of Substantial Completion as of this Change Order Thei~ore ............................. i • MERIDIAN CITY HALL PROJECT NO: CH-06-001 AXELSEN CONCRETE (54) - Phase V East Parking Lot 12/26/08 CHANGE ORDER NO 1 1 ASI 136 East Parking Lot Revised Drwgs (COR#06) $ 2,755 Incorporate ACHD comments & requests Axelsen quote 12/2!08 2 ASI 155 Railroad Track Paver Walkway (COR#07) $ 4,125 Fonn & pour concrete slab, approx 642 SF with 1000 LF of 8"W x 4" curb Axelsen quote 10/15/08 3 ASI 164 Irrigation Box ~ Manhole (COR#09) $ _ No work required $ 6,880 Page 1 of 1 January 23, 2009 Department Reports MERIDIAN CITY COUNCIL MEETING January 27, 2009 APPLICANT ITEM NO. 6-C-6 REQUEST Buss Mechanical Budgeted Contract Amendment No. 4 for $5,304.00 AGENCY GIN 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 W EST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meefings shall become properly of fhe City of Meridian. C~ CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER C~ CHANGE ORDER NO. 04 PROJECT NO. CH-0&OQ1 DATE: 8-2-08 EFFECTNE DATE: CONTRACTOR: BUSS MECHANICAL PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements & MEP The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per ASI's 1108,121,126 8 Wall Boxes quote ALL OTHER TERMS AND CONDITIONS REAAAIN THE SAAAE. Reason for Change Order. Additional scope or revisions per listed ASI's 8~ Wall Boxes quote Attachments: Change Order Items Description, dated 8/25!08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE !N CONTRACT TIMES: Original Contract Price $ 953,385.00 Original Contrail Times: Substantial Completion 8!28/08 Net changes form previous Change Orders Net changes form previous Change Orders No. 01 to 03 No.~ to _ (calendar days) $27,285.00 None Contract Price Prior to this Change Order. Contract Times prior to thL~ Change Order. $980 670 00 (calendar days or date) . , . 8J28/2008 Net Increase of this Change Order: Net Intxease (decrease) of this Change Order: $5 304 00 (calendar days or date) . , . None Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: $985,974.00 (calendar ) Su~tantial Completion 8128/2008 RECOMMENDED: (CONSTRUC GE ACCEPTED: (CONTRACTOR) PETRAINC BUSS MECHA ~L By: Tom Coughlin Date: L~~fj~ Q ~ By: John Buss - Date: ~ I/~ APPROVED: (CITY PURC ING G COUNCIL APPROVAL / ~ B :Keith Was / v" - y tk 1 ,, ,...-,~,~,,, 2 7 0 Date: f _ , ,, Data: ~~~ ~ ~ ,~~~ `` / ~~i APPROVED: (`-~ ~mry ;, `'r~ /~"~ I~J P ATTEST• y ~. ~ ~ ' J~ s~ C . . y ~~ ~ B : Ma orTamm de Weerd y y y By: City Clerk Jayr~e Holman Date: `, ~ _ OG , _ Date: a, , a„_ ~Gj i SAL - ~~ ,, ~ ,. CITY OF AAER®IAW 33 EAST IDAHO MERMAN, ID 142 CONTRACT CHANGE OR~R • ~+IGE ORDER NO. PROJECT NO. CH-08-001 DATE 9-2-~ EFFECTIVE DATE: camractor t$ hmeby dl to nmke the following changes from ~ CattraCt Doctmrerr6a and Plane, ~rlpttrut: Incorporate r~ions per A9Fa 110R.121,1g8 & Wau t~aorw quote dTHER TERMM AND ~NDmONS REMAIN T11E SAME. mn for Change Order: Addidonal scope ar retrislons per Ilsted AS!'s & Wan Boxes quota nhments: Chance order Ifmtls OesaPptlon, dated , witlr ~wror gvates GRANDE MI CONTRACT PRE: CHANGE I1V CONTRACT TIMES: gitral COrttract Prloe $+ 953,385.(10 I Carttract Times: Sutrstarrtl~ Cornpletiwr 8tZ8f08 changes form previous Ghange Orders Net bnn previous Cfiar~e Orders 01 to 03 Na.` ~_ t ~) -,285.00 1~ trams Price Pt~r to thk Charms Order: Contract Times prior to this Change OMer: {calendar days or date) btcre~e of ~s Change Ordw: increase (ease) of this Charge Orr: edar days orda3e) . Contract Price a~tt aB Appnsvad Change Orders: Candsd Tim t~h an Approved Charm Ordans: {ealertdar days) ~888,874.~ Subt~tan0al Completion 8~/~OS RECO1fAMENDED: ( ACCEPTED: (COMggCTORj PETRA IIVC BUSS NIECHA ~L t3y: Tom Cougidirr By:.Ionn Buss Date: ~Jb~ d ~ Dam: 'Q/Y APPROVED: Icmr au couNCtL APPROVAL Date: ~ °- ~- 2- /J ~ °~: APPROVED: (CtiY) - lWayor Tamrrq- de Weard Cih Clerk. Jayoee Holman ~yo~ ~e~r„r1~t ~.- C~ J CHANGE ORDER ~ 6 ~ 0 n ~ ENO. oooo~ 323-4500 RISE. IDAHO RCE-1875 s~~ as zoos 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI# 110R, 121, 126 Pricing PROTECT: Meridian Clty Hall TO: Attn: John Buss Buss Mechanical PO BOX 190476 phys: 4471 S. Henry Boise, ID 83719 Phone:208-562-0600 Fax:208-562-0555 DATE: 8J25/2008 ,70B: 060675 CONTRACT NO: 32 RE: To: From: Number: DESCRIPTION OF CHANGE **All taxes are included in costs** Tax Tax Net Item Des~iption ~ Unifis Unit Prime iRafie Amount Amount 00001 ASI#110R Exhaust Fan F~'-2 Exhaust Modification (COR#38} Re-route sewer ~•~,~0 N'y,'000 LS $873.00 0.00% $0.00 $873.00 line to new lopdon. Buss quote 7/24/08 00002 ASI#121 Boiler Control Modifications (COR#39)- install a bypass with control ~ 1.000 LS $2,831.00 0.00% $0.00 $2,831.00 valve for the boiler loop. Buss quote 7/25/08 00003 ASI#126 Dishwasher Relocation from Rm 145 to 340 (COR#40)- Add sup~}+~ 1.000 ~~ LS $639.00 0.00% $0.00 $639.00 and drain for new dishwasher location. Buss quote 8/5/06 ((,, 00004 Wall Boxes for Refrigerator Ice Makers (COR#41)- Provide and install 10 ea 1.000 LS $961.00 0.00% $0.00 $961.00 metal wall boxes for water connections to refrigerator ice makers. Buss quote 6/6/08 Unit Cost: $5,304.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0.00 Total: $5,304.00 The Original Contract Sum was ................................................................................................. $953,385.00 Net Change by Previously Authorized Requests and Changes ................................................ $27,285.00 The Contract Sum Prior to This Change Order was ...................................................... $980,670.00 The Contract Sum WIII be Increased ................................................................................... $5,304.00 The New Contract Sum Including Thls Change Order ...................................................... $985,974.00 The Contract Time Will Not Be Changed ...................................................~. ........................ The Date of Substantial Completion as of this Change Orde~Therefore ls,~ ........................... AAERIDIAN CITY HALL PROJECT NO: CH-06-001 BUSS MECHANICAL -Phase 3 (32) 08/25/08 CHANGE ORDER NO 4 CHANGE ORDER ITEMS ASI 8 RFI Changes 1 ASI 110R Exhaust Fan EF-2 Exhaust Modification (COR#38) 873.00 Re-route sewer line to new location Buss quote 7/24!08 2 ASl 121 Boiler Control Modfic;ations (COR#39) 2,831.00 Install a bypass with cxmtrol valve for the boiler loop. Buss quote 7/25/08 3 ASI 126 Dishwasher Relocation from Rm 145 to 340. (COR#40) 639.00 Add supply and drain for new dishwasher location, Buss quote 8/5/08 4 - - Wall Boxes for Refrigerator Ice Makers (COR#41) 961.00 Provide and install 10 ea meta[ wall boxes for water connections to refrigerator ice makers. Buss quote 6/6/08 $ 5,304.00 Page 1 of 1 January 23, 2009 Department Reports MERIDIAN CITY COUNCIL MEETING January 27, 2009 APPLICANT ITEM NO. 6-C~7 REQUEST Schindler Elevator Budgeted Contract Amendment No. 3 for $1,950 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 S®e atfached OTHER: Contacted: Date: Phone: Emaiied: Staff Initials: Materials presented at public meeflngs shall became properly of the Clfy of Meridian. CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83542 CONTRACT CHANGE ORDER CHANGE ORDER NO. 03 PROJECT NO. CH-06-001 11/24noos EFFECTNE DATE: CONTRACTOR: Schindler Elevator PROJECT: MERIDIAN CITY HALL -Phase 2 Core & Shell The Contractor Is hereby directed to make the following changes from the Contract Documents and Plans. Description: Maintenance & service calls for construction use of freight elevator for 3 months. ALL OTHER TERMS AND COND1770NS REMAMI THE SAME. Reason for Change Order. Safety tests and adJusbrlents for construction use. Attachments: Change Order hems Description, dated 11/24/08 with contractor quota CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $222,100.00 Original Contract Times: Substantial Completion 8128/08 Net changes form previous Change Orders Net chi3nges farm previous Change Orders No. 0 to 02 No._ to _ (calendar days) $4,37$.00 None Conrtrail Price Prior to this Change Order. Contract Times prior to this Change Order. (calendar days or date) $226,476.00 g/~008 Net Increase (desreacgl of th~ Change Order. Net Increase (decrease) of this Change Order: (calendar days or date) $1,950.00 Norte Contract Price with all Approved Change Orders: Contrail Times with aU Approved Change Orders: lerldar days) 5228,426.00 Sufi~tantial Compl®tion 8/28!2008 RECOMMENDED: (CONSTRUCTION ER) ACCEPTED: (CONTRACTOR) Petra Inc. Schindler Elevator By: Thomas R. Coughlin By: Pete Skow Date: !~ B Q~ Date: /~r a APPROVED; (CITY PURC I A~~~GyJ ce. COUNCIL APPROVAL Sy: Keith Watts i ~~ 2 ~ 0 /~ r~ `~D 11 t11111i/ll/ D~' ,~, /lJ OVED: C A T: ~~ '•~ ~l 0~ ., ~, ,9y ~ ' By: Mayor ammy de W d ~ rF By: City Cle Jayc~eflolm ~ O Date: 1j - 30 - Date: a ~ a- ___~ ~o 7 '~ i~~~~'',,,Irr~lp ~ FQe~ r~"~ L_ CITY OF MERIDU4N 33 EART IDAHO MERIDIAN, ID 83842 CONTRACT CHANt3E ORDER ORDER NO. 03 PROJECT NO. CH-08-001 11/24/2008 EFFECTME DATE Bevator Wei ~ _ i Conlydetor is here6yt dated to make fhe ibthrrrirg etrarges from the Contract Docunrerrts arrd Plans. alptrarr: Ill~tetisrr~s d~ seMrar eathz for oorabt~tiort uae of iretght elevator f~ 3 martrm. OTHER T'~ AND CONDPTIONS REMNN THE SoIUWE ~ Charge Order: 8a(ety teats and mlJustmentt f~ constrtw~tton riee. Change Or+dor Ibema De~r~rtlon, dated 11/24/08 vriDr 1~ Sinai Contract Price $292,100.00 alrar~es form previare Gharge Ordms 0 to 02 ~tral ConOBCt Thnes: & Comp>e.0on 8/ d fmrn previous Change Orders _to_ (caleruferdeys) Prue Pt~r t0 the Charge Order: Inta (~lseroae~l of tlds change Order: ;Terns prior to ttds Change Omer: days ~ date) Increase (derseaae) otth~ Charge Orden: ndm~days adate) $1,950.00 Norm Corrbsact Prioe wlNr sil Approved Change Orders: Cor~act Times w11h a1 F~pproved change Osiers: . days) ~~426A0 8ubstanEal Compleflon 8/28/2008 . (wwBY'rarcrt~r CC~IED: {cowTRACTOr:) Petra Inc. - ~ Schindler elevator ey: Thomas R. Carghlhr By: Pete Skew D~ z B Q~ Date: ~3,~5 . tctn `~ ` c~uNClt. APPROVAL % ay: f~, wame Data: 122_o Date: . (Cnrl - ATTEST: Meyoi Tammy de 1Neerd City Clerk, Jaycee Holman `{ • CHANGE ORDER 323-4500 BOISE, IDAHO [~6[~~d~(~In DEC 09 p008 i~u lo. 00003 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHQNE: (208) 323-4500 • FAX: (208) 323507 TITLE: Temporary Use of Freight Elevator DATE: 11/24/2008 PR07ECT: Meridian City Hall SOB: 060675 TO: Attn: Pete Skow CONTRACT NO: 11 Schindler Elevator Corp. 743 McGregor Court Suite 140 Boise, ID 83705-5225 Phone:208-577-5525 Fax: 208-577-5526 RE: CO To: SCHELE From: CrfYMER Number: 00002 DESCRIPTION OF CHANGE **All taxes are included in costs** Tax Taix Net item Des~aiption Qua>>>Sty Units Unit Price Rate Amount Amount 00001 Maintenance and service Calls for constrvctlon use of freight elevator for 3 1.000 LS $1,950.00 0.00% $0.00 $1,950.00 months. Safety t~ and adjustmerrts for constrvctlon use. Schindler quote 11/21/08 Unit Cost: $1,950.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $Q00 Total: $1,950.00 The Original Contract Sum was ................................................................................................. $222,100.00 Net Change by Previousty Authorized Requests and Changes ................................................ $4,376.00 The Contract Sum Prior to This Change Order was ...................................................... $226,476.00 The Contact Sum WiN be increased ................................................................................... $1,950.00 The New Contract Sum Induding This Change Order ...................................................... $22iB,42b.00 The Contract Time Will Not Be Changed ................................................................................ The Date of Substantial Comaletion as of this Chance Order The>loefore is ........................... MERIDIAN CITY HALL PROJECT NO: CH-06-001 SCHINDLER ELEVATOR -Phase 2 (11) CHANGE ORDER NO 3 CHANGE ORDER ITEMS 11/24/0$ 1 - - Temporary Use of Freight Elevator 1,950.00 Maintenacne and service calls for construction use of freight elevator, 3 months. Safety tests and adjustments for construction use. Schindler quote 11/21/08 1,950.00 Page 1 of 1 • January 23, 2009 FP 08-021 MERIDIAN CITY COUNCIL MEETING January 27, 2009 APPLICANT Joint School District No. 2 ITEM NO. 8 REQUEST Tabled from January 13, 2009 -Request for Final Plat approval of 7 building lots on 25.87 acres in C-N & L-O zones for Education Campus Subdivision No. 2 -- south of E. Leigh Field Drive 8~ east of N. Locust Grove Road AGENCY COMMENTS CITY CLERK: See previous Item Packet CITY ENGINEER: CITY PLANNING DIRECTOR: See aifached Staff Report CITY ATTORNEY CITY POLICE DEPT: ~ ` ,,~ CITY FIRE DEPT: ~ ~ ~( 1 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 meetMgs shall become property of the City of Meridian. January 23, 2009 FP 08-018 MERIDIAN CITY COUNCIL MEETING January 27, 2009 APPLICANT Stanley Consultants ITEM NO. 9 REQUEST Request for Final Plat approval for 5 commercial building lots and 2 common lots on 19.18 acres in a C-G zone for Pinebridge Subdivision No. 1 -1830 E. Pine 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: COMMENTS See attached Staff Report ~~1~ ~ 3.Z~{ ~~ See attached Comments See aflnched Comments MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the Ctiy of Meridian. • • January 23, 2(~9 ZOA 08-2 MERIDIAN CITY COUNCIL MEETING January 27, 2009 APPLICANT ITEM NO. ~ O REQUEST Ordinance -Request to amend 8~ add to current provisions of UDC relating to adoption of new administrative design review process & associated implementation procedures for Design Review 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: I~~~ ~q , Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the CHy of Meridian. See attached Ordinance • • CITY OF MERIDIAN ORDINANCE NO. ~ P ~3~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING TITLE 11 OF THE MERIDIAN CITY CODE REGARDING ZONING AND SUBDIVISION REGULATIONS CODIFIED AT TITLE 11, ENTITLED THE UNIFIED DEVELOPMENT CODE, OF THE MERIDIAN CITY CODE RELATING TO ADOPTION OF A NEW ADMINISTRATIVE DESIGN REVIEW PROCESS AND ASSOCIATED IMPLEMENTATION PROCEDURES FOR DESIGN REVIEW; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Unified Development Code is the official zoning ordinance for the City of Meridian and provides an opportunity to better support the Comprehensive Plan and provide a tool that is relevant and contemporary to the needs of the City; and, WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to incorporate changes to the Unified Development Code within the City of Meridian to provide for orderly growth and development and to carry out the policies of Meridian's Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 11, Unified Development Code, of the Meridian City Code is amended to read as follows: Table 11-2B-1 Allowed Uses in the Commercial Zoning Districts Section Pro osed Text Chan e 11-2A-3G Roof Design: All residential dwelling structures shall have a pitched roof not less than three feet (3') in height for each twelve feet (12') in length. Alternative roof designs for attached single-family duplex townhouse and multi-family residential dwelling structures ma be a roved throu h administrative desi n review. Table 11-26-3 DIMENSIONAL STANDARDS IN THE COMMERCIAL DISTRICTS Dimensional Standards ~ C N ~ C-C ~ C G ;~ I '[ ~e r~ ~,,, ~...e foe+~ i €€ ~u. .+..~....... .. ......~ ~ .I I I? 11-2D-3C Street And Pedestrian Systems: 1. Street La out: The street system shall be primarily based on a grid with UDC ORDINANCE AMENDMENT-DESIGN REVIEW Page 1 of 11 connections to the existing street system. Street systems shall be consistent with section B-1.2.3, Street Networks, of the City of Meridian Design Manual. 2. Block Length: No block face shall have a length greater than five hundred feet (500') without a dedicated street or alley, or no block face shall have~a length greater than sew six hundred feet (600:) without a pedestrian connection. This standard may be varied for site design constraints or hardship considerations through the alternative compliance process as set forth in section 11-5B-5 of this title. 11-2D-4B Number Of Stories: Minimum number of stories for new construction is two (2) and/or as set forth in the Ci of Meridian Desi n Manual. 11-2D-4D . inn rn~iiou, in .+nnnrr) ,.~i+h +ho nrnnerl„rne. eo+ fnr+h in nh.~n~,F,~ ~~ minims+rFt,e Yl nF ~ ~ I rfr 1.I,vvv~w, vv vva ,v, a„ .. wM , , V~ +h;~s+i+ ~mn...n+n..,n nn .+i.+n nn inn ~, ~ir1~ ~~ ~nr.+ n~_~ ~ ~n S2_'2n_~nn~ off a_~_~ ~nnF~ RE6 ~ . , vv =vva, v,,. ~......~ ,y„~,Q ~ e~Q,~„- 0 n , .tee ce+ fnr+h in nh~n+ ,r~~min i~~°~ of +hi~ +i+lo_ 11-2D-5E . d + ~~ ~~ es 4hi ~~ ~~ Z An~i .+nnlin•++inn +h r.+ rln nn+ moo+ +he nri+ori~ in +he /'locii+n n„irlelinnny nhr+ll he, of +hic~ rl w+ini~++r.~+inn~~ .~ nnnrli+inn.+l , ice norm i+ ~±c ~+e+ fn rFh in nh~n~~_C.~ A, . ~ ~. ~ ' ~ ~ ,5 ~ ~ o }}..}}''^^ t tFti~ 11-3A-19 STRUCTURES AND SITE DESIGN STANDARDS: A. °--r- ,~r rr• n e+n , n+, i row h„IL r~nrl nnlnr of i~pe c+n ~n+~ ~r_a~+ nn f the ~~` }I° ^ ^v i i i ~" ~1 , C e +Fr~p a ~e A rn n m ~e L+rne +r„r+, ,re~+ .~nrl nre.~+o .~++r~n+ive norlocfri r.n ~+moni+ine. ~ °+n ,n+„rc~ in 7rlo nre ~+er ~++e le6 a~~en-e -- a'~ ~~ ra ' ~he' y° [i c T n + i t ~ ~ i i~ - c. v'rt yi 8 -pivv d-- V UDC ORDINANCE AMENDMENT-DESIGN REVIEW Page 2 of 11 ~ ~ ~ttFY~}~~~~+h° c~„rrnt,nr~inr~ ~++r°°+ 1 c+., ~,+., 8~~ ~+~e #f}e~des+ n e~~#~#~r es t~e~ss~ ~tk~ ° ir~t g . ~~: g - g - s - , , e e r°n„ir°m°r++~ .,f +hie ~°n+inn~ pp , t~c+r.~rrivr; > > • • s s II ~^ ~+r~ ~r+~ ~r®c ^r°~+°r +h~n fiu^ h~ ~r,rlr°.J 4h^, mss ^.J inn nnm c~^, ,~r° f°°+ in +L~^ !~_(~ The following minimum standards shall apply in addition to the detailed guidelines as set forth in the City of Meridian Design Manual: 1. Architectural Character: a. Facades: Buildings facades visible from a public street or public space shall incorporate modulations in the facade, including, but not limited to, ate-projections, recesses, and step-backs that articulate wall planes and break up building msss ~'^nn ~ minims ~m of fi-,onhi r,ern°n+ Mn0%\ of +t,° I°nr~+h .,f +hn f.~n~r!° Facades shall be modulated and articulated in accord with the City of Meridian Design Manual. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) b. Primary ~lis Entrance(s): The primary building entrance(s) shall be clearly defined by the architectural design of the building. c . , n ° (~lrrl t +h~ ~ tcicne}9f t~Fe r^ ° " c f '~C- $~G~~IL?n ~a6 I~F a- {~~l{G Str° ~t vv-TVr~ Q o c :- v. ~ rr - ~ t i ~ ~ y- ~ - c ~ra- ,- ra r P ~nnn °~ ~_n_~nnQ~ d: Rooflines: Roof design shall provide variations in profile through modulation and/or articulation in accord with the Citv of Meridian Design Manual, including, but not limited to the following: 1) overhanging eaves; 2) sloped roofs; 3) two (2) or more roof planes; 4) varying parapet heights; and 5) cornices. ed. Pattern Variations: Architectural building design shall not create blank wall segments along public streets and/or adjacent public spaces. Architectural elements, including, but not limited to, windows, awnings and arcades, shall have °41°°°+ +.-,^ ~" UDC ORDINANCEAMENDMENT-DESIGN REVIEW Page 3 of 11 • designcolor, texture and/or materials to mitigate blank walls. #e. Mechanical Equipment: All ground level a~-r~e#tery mechanical equipment shall be screened to the height of the unit as viewed from the property line. All rooftop mechanical equipment shall be screened as viewed from the farthest edge of the adioinina right-of-way. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005; amd. Ord. 08-1372, 7- 8-2008, eff. 7-8-2008) 2. Color And Materials:~o~ild+r~g-~atls~~ialyde~e~s#fa#° +"° ^^^°°.°^^° ^f a Exterior building designs shall demonstrate the appearance and use of high quality materials including but not limited to stone brick wood or other natural materials, tinted or textured masonry block textured or architecturally detailed concrete panels, or stucco or stucco like synthetic materials. b Smooth faced concrete block prefabricated steel panels and/or vinyl are prohibited as finish materials but may be approved as accent materials in accord with the City of Meridian Design Manual. c Un-textured concrete panels are prohibited as finish and/or accent materials. 3. Parking Lots: No more than seve~y ~ percent (~50%) of the total off street parking area for the s#~s#~e site shall be located between ~t buildin facades e# and abutting street , 4. Pedestrian Walkways: a. A continuous intemal pedestrian walkway that is a minimum of e+~ five feet (~5') in width shall be provided from the perimeter sidewalk to the main building entrances for non-residential uses. The walkway width shall be maintained clear of any obstructions, such as vehicles, outdoor sale displays, vending machines, or temporary structures. b. The internal pedestrian walkway shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. c. Unobstructed ~Fwalkways at least eigk~t five feet (~5') in width, shall be provided for any aisle length that is greater than one hundred fifty (150) parking spaces or two hundred feet (200') away from the np •mary building entrance. d. The walkways shall have weather protection (including, but not limited to, an awning or arcade) within twenty feet (20') of all customer entrances. BB. Alternative Com liance: If 1) the location of existing buildings or structures prevents UDC ORDINANCE AMENDMENT-DESIGN REVIEW Page 4 of 11 • conformance with the standards of this section and/or the guidelines of the City of .Meridian Design Manual, or 2) strict adherence to the such standards and/or guidelines would create inconsistency in the design objectives of the proposed development, the director may consider an alternative design proposal through the altemative compliance provisions as set forth in section 11-5B-5 of this title. The director may approve, or recommend approval of, such an alternative compliance proposal +n-asset with nh~ tpr F~ ~~Arlmini~~ro~inn~~' of ~hic~ +;+~~, when the overall design, as proposed by the applicant, meets or exceeds the intent and the requirements of this section and the City of Meridian Design Manual and is shad not he-detrimental to public health, safety, and welfare. 11-3B-2 APPLICABILITY: A landscape plan shall be required for the following: A. All development, redevelopment, additions, or site modifications except detached a~ affashed single-family and secondary dwellings , + ~-t-fl #s. B. All common lots in all subdivisions. C. All applications for a conditional use permit (CUP), preliminary plat (PP), final plat (F.P), certificate of zoning compliance (CZC), administrative design review (DES), or tanned unit develo ment PUD . 11-3C-5A7 All parking areas shall provide on site turnarounds, or connections through to adjacent parking areas or streets, in accord with the Meridian fire department standards for all off street parking spaces and loading facilities. 11-4-3-2786 The parking shall meet the requirements set forth in chapter 3, "Regulations Applying To All District", of this title, and shall be in accord with the City of Meridian Design Manual. 11-4-3-27C4 Unless otherwise approved through the conditional use process,-common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a berm or constructed barrier at least four feet (4') in height, with breaks in the berm or barrier to allow for pedestrian access. 11-4-3-27E1 All building elevations shall have a minimum portion of the elevation devoted to architectural features designed to provide articulation and variety. These features shall include, but are not limited to, windows, bays and offsetting walls, in accord with the Citv of Meridian Design Manual ##°~e~cten~east''-~-#ee~~esessed en*~~-a;Q fi~,n foo+ M°\ ~nrl minirr.,,m pro .,f fiuonfii ~vo MC.\ c~n„~ro foci 11-4-3-27F1 Develo ment shall meet the minimum landsca ing re uirements in accord with cha ter 3, UDC ORDINANCE AMENnMENT-DESIGN REVIEW Page 5 of 11 • • "Regulations Applying To All Districts", of this title, and shall be in accord with the City of Meridian Design Manual. 11-5A-2 D. Design Professionals Committee: The Design Professionals Committee, a croup of design professionals selected from the general area of the Treasure Valley, shall convene to offer recommendations to the Director on administrative design review matters. Members of the Committee shall be licensed architects or landscape architects. The Committee shall be comprised of no more than five (5) and not less than three (3) members and shall meet as needed by the director. E. Summa Of Actions And Authori :. 11-5A-2C 6. The director may convene a committee of design professionals to provide recommendations on the interpretation and application of the guidelines contained in the City of Meridian Design Manual. The Committee may also review and make recommendations on alternative compliance requests related to administrative design review. The director shall review and act on recommendations from the Committee and shall issue a final determination. 11-5A-2C1c Withhold any certificate of zoning compliances or administrative design review approvals on any property where structures or uses are in violation of this unified development code; and TABLE 11- 5A-~ DECISION MAKING AUTHORITY AND PROCESS BY APPLICATION Decision Making Application Recommending Body Body :Process Accessory use, home occupation ' None D N with customers-emsclients, and/or employees Administrative design review None or Desictn D Professionals Review Committee or None A 11-5A-4 ADMINISTRATIVE PROCESS: UDC ORDINANCE AMENDMENT-DESIGN REVIEW Page 6 of 11 • ~ ~n4il +ho oniJ .+f 4h® fifFeen /'I ~.\ rl ~~i ~r+r+o.~l neri~r) A. For purposes of this section "parties of record" shall include the applicant, property owners of record within one hundred feet (100') of the exterior boundary of the application property and any person who in writing specifically requests such status as to a particular application. B. Where the process specified by Table 11-5A-2 is administrative with public notice: 1. Prior to submittal of an application, the applicant shall hold a neighborhood meeting in accord with section 11-5A-5(C), except that notice of such neighborhood meeting shall be provided to all property owners of record within one hundred feet (100') of the exterior boundary of the application property. 2. Upon submission of a complete application, The Planning Director shall review such application and shall: a. Prepare a final decision of denial which decision shall be supported by written findings of fact and conclusions of law in accord with Idaho Code section 67- 6519; or b. Prepare a final decision of approval which decision shall be supported by written findings of fact and conclusions of law in accord with Idaho Code section 67-6519 and shall set forth any and all conditions of approval. 3. The Planning Director shall provide to the applicant notice of the final decision. 4. The Planning Director shall provide to parties of record notice of the final decision and notice of the opportunity and time within which to seek city council review of such decision pursuant to section 11-5A-6. C. Where the process specified by Table 11-5A-2 is administrative: 1. Upon submission of a complete application. The Planning Director shall review such application and shall: a. Prepare a final decision of denial which decision shall be supported by written findings of fact and conclusions of law in accord with Idaho Code section 67- 6519; b. Prepare a final decision of approval, which decision shall be supported by written findings of fact and conclusions of law in accord with Idaho Code section 67-6519 and shall set forth any and all conditions of approval; and/or c. Convene the Design Professionals Committee to provide recommendations on an administrative design review application and/or an alternative compliance request related to an administrative review application. UDC ORDINANCE A1v[ENnMEN'r-DESIGN REVIEW Page 7 of 11 ~ ~ 2. The Planning Director shall provide to the applicant notice of the final decision 3. The Planning Director shall provide to parties of record notice of the final decision and notice of the opportunity and time within which to seek city council review of such decision pursuant to section 11-5A-6. 11-56-16 Applicability: These provisions apply to all requests for permits that involve construction exterior alterations and/or the establishment of a new use. These rovisions do not a I to tenant improvements where the footprint of the existing structure is not enlarged These provisions do not apply to ~~^~ ~^,~„~• --++ ~h~-+ -+ ~~~ single family detached dwellings and/or secondary dwellings ~~~• •+~ ~~~~~ •~~••~~~;....; 11-5B-5 TABLE 11-5B-5 ALTERNATIVE COMPLIANCE ..~ _. . Permit . Secfion Structures and site s~}e~st~e design review standards ~' 11-3A-19 11-5B-5B2 e. The proposed design includes innovative design features based on "new urbanism", "neotraditional design", or other architectural and/or site designs that promote walkable and mixed use neighborhoods; eF f. The proposed architectural and/or site design demonstrates consistency with the City of Meridian Design Manual• or ,g. Additional environmental quality improvements would result from the alternative corn liance UDC ORDINANCE AMENDMENT-DESIGN REVIEW Page 8 of 11 • 11-5B-8 111-5B-8: ADMINISTRATIVE DESIGN REVIEW: A. Purpose: 1. To produce attractive developments with unique character and auality architectural design. 2. To minimize the impact of the scale bulk and color of large structures on surrounding properties. 3. To encourage high auality building design that employs the use of good design principles and features auality, durable materials. 4. To protect the safety and convenience of pedestrian access within developments and to build attractive pedestrian amenities. 5. To provide greater attention to the design and location of structures in relationship to the surrounding street. 6. To locate noise generating activities away from any adjacent residential uses 7. To create attractive and auality designed structures reflecting the unique character of Meridian along the city's entryway corridors. 8. To promote auality growth patterns that support economic development and the efficient use of resources. 9. To Guide the design of structures not control the type intensity or density of the use B. Applicability: 1. Administrative design review shall be required for all new commercial industrial institutional, public or quasi-public development subject to the following approvals• conditional use, certificate of zoning compliance and/or building permit' 2. Administrative design review shall be required for all new attached residential structures containing two or more dwelling units. Administrative design review shall not apply to the construction, addition, removal or modification of detached single family homes and/or secondary dwellings unless required as part of a development agreement. 3. Administrative design review shall be required for all exterior building alterations including, but not limited to: the addition. removal or modification of architectural elements, such as doors, windows, awnings and arcades• building remodels where all or a portion of a structure is modified, including entrances facades rooflines and building expansions; a change in exterior materials and/or color scheme• or any other alteration that modifies the exterior appearance of the building approved conditions and/or the requirements in this title and/or the City of Meridian Design Manual 4. Administrative design review shall be required for all site alterations including but not limited to: the addition, ,removal. or modification of site improvements and/or and UDC ORDINANCE AMENDMENT-DESIGN REVIEW Page 9 of 11 • i ~~ PASSED by the City Council of the City of Meridian, Idaho, this 2.~ day of 01(1.1.(, , 2009. .rl. APPROVED by the Mayor of the City of Meridian, Idaho, this ~ ~ day of 2009. APPROVED: `~ ~~~ .~ Mayor y de Weerd ATTEST: ``~~~~,~~„~ i i i ~ u~ii,,,~~i ~TFO -, By. ~ - ` (SEAL) ~ o~' Jaycee L. Holman, City Cler~~~~ .yr ~-~r ~s~ ~ ~ ` UDC ORDINANCE AMENDMENT-DESIGN REVIEW Page 11 of 11 ~ ~ January 23, 2009 MERIDIAN CITY COUNCIL MEETING January 27, 2009 APPLICANT REM NO. , ~ REQUEST Ordinance -Deleting In-Code References to Clerk's Offlce Fees AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PIANNiNG 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: IDAMO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Ordinance ~ Oq~ ~39~ Contacted: Date: Phone: Emailed: Staff Initials• Materials presented at pubBc meetings shall become properly of fhe Ctiy of Meridian.