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HomeMy WebLinkAbout2006-11-08 SpecialU f ~- :~ ~~ Ct7'YOF `~ ~ ~e~1°3'~ C~~~rl~l~-n !I?AHO }'~ TyF ~~~ C~fR ° TreE;tisuae V n~~ SIBCE ,t903 Revised 77-07-06 CITY COUNCIL SPECIAL MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Wednesday, November 8, 2006 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 best of the ability of the presenter." 1. Roll-call Attendance: ,~_ Shaun Wardle Joe Borton Charlie Rountree Keith Bird ~_ Mayor Tammy de Weerd f 2. Pledge of Allegiance: /~, 1/PCw ~~~h JG! ooh' /~~ys ~oGC~t.~IG~~ ~-~. 3. Community Invocation by Bishop John Wheeler of the Meridian Paramount Ward of the Church of Jesus Christ of Latter-day Saints:~r+e,j.~,.~" ~/i'®ll'e® /~rG~.,~ec,~i~.+ `~/oi't~=anct o~ ~ti:~.s. " 4. Adoption of the Agenda: ~ij~~~ as ~a~d~~ 5. Consent Agenda: A. Approve Minutes of October 3, 2006 City Council Regular Meeting: r~v~t. B. Approve Minutes of October 10, 2006 Pre-Council Meeting: ~~~~-/ C. Approve Minutes of October 10, 2006 City Council Regular Meeting: ~j~~~,,,L D. Approve Minutes of October 13, 2006 City Council Special Meeting: a~,r,,,.~c,,, E. Findings of Fact and Conclusions of Law for Approval: PP 06- 040 Request for Preliminary Plat approval of 55 residential, 7 common lots & 1 other lot on 32.45 acres in an R-8 zone for Meridian City Council Meeting Agenda -November 8, 2006 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • Revised 77-07-06 Shepherd Creek Subdivision by Valley Shepherd Church of the Nazarene & Shepherd's Creek, LLC - 2475 South Meridian Road: ~~''~~- 7' F. Resolution No. ~~'"" ~~ :VAC 06-012 Request for a Vacation of 2 feet of the required 5 foot side drainage and irrigation easement on the east side of Lot 16, Block 12, of Paramount Subdivision No. 7 by Brighton Corporation - 1037 West Bacall Street: ~,f.~v~c. ~ ,F ~:1~ Pn••e~~ G. Addendum to Development Agreement: MI 06-002 Request to Amend the previously approved Development Agreement for Walgreen's Pharmacy (RZ OS-008) to allow an 8-foot tall rather than 6-foot tall CMU wall along the east property line by the Hawkins Companies - 3150 West Cheny Lane: ~j ~~ H. Pathway Easement Agreement for Tustin Subdivision with Dyver Development: a~f~v~ I. Public Works Chan a Order No. 3 for the Centrate Tank Construction with Carollo Engineers: ®~ ~~-Z. ~8 ~Cc~~E- a~~~ J. Scope of Services for PRV SCADA Programming with DC Engineers: h f2 ir~~ ~~ ~r~^ow~ K. Water Main Easement Agreement for Boondock Properties, LLC by Select Investment: ~v~e. L. A rove A reement for Creame Demolition and Tree Removal with Ideal Demolition: ~ ~8~/®®® °~~ ~®® M. Contract for Was ewater Treatment Plant Ex ansion Pro'ect Task Order No. 4 with Carollo Engineers: ~vr X69® ® ° N. Contract for the Five Mile Creek Flow Measurement Study with Brown and Caldwell: - ~ ~~' ~~~ _ ~®~. O. Water Main Easement Agreement for Valley Shepherd Church by Valley Shepherd Church of Nazarene: GZ~~'v-.e..' P. Sanitary Sewer and Water Main Easement Agreement for Valley Shepherd Church by Valley Shepherd Church of the Nazarene: ~~,I'~~ Meridian City Council Meeting Agenda -November 8, 2006 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • Revised 11-07-06 Q. Development Agreement: RZ 06-006 Request for a Rezone of 6.82 acres from R-8 to R-15 zones for Cedar Springs Townhomes by John Flaherty Construction -south of West McMillan and west of North Meridian Road: o~ R. Aareement for Professional Services with Civil Survey Consultants, Inc. for Engineering Services for Utility Projects in Conjunction with ACRD Project: ~,~ //-.1~~.06 S. Development Agreement: AZ 05-056 Request for Annexation and Zoning of 6.08 acres from RUT to TN-R and 4.07 acres from RUT to C-C zone for Harks Cannon Creek Subdivision by JBS Enterprises, LLC -1845 West Franklin Road: ~~ T. Development Agreement: Lamont Kouba / Robnett Construction for Initial Point Subdivision on East Fairview Avenue: ~j~~~ 6. Department Reports: A. Mayor's Office . ~~r.~ 1. Proclamatio for Reco nition of Mountain View Hi h School Bovs Soccer Team State Champions: ~~~~ B. Legal Department: 1. Approve SWAC Recommendation for Benches for Playground and Walking Path for Linder Elementary for $1,369.00: ~ 2. Approve SWAC Recommendation on Park Benches for Fuller Park for Western Ada Recreation District for $2,575.00 rrs~ 3. Discussion of Draft Arts Commission Ordinance: C. Council President's Report: ~~/'sow/Ca ~L f3 ~G4 ~,vf I'b.~. 7'rCa~~`i,. ~Ga~7'~' ~ L~' 7. Items Moved from Consent Agenda: 8. FP 06-046 Request for Final Plat approval of 85 single-family residential building lots and 8 common lots on 19.57 acres in a proposed R-8 zone for Cedarcreek Subdivision by Liberty Development, Inc. -near the Northwest Comer of West McMillan Road and North Meridian Road: ~,~/.,G fs, Meridian City Council Meeting Agenda -November 8, 2006 Page 3 of 5 ~~~ ~~ O All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • Revised 77-07-06 9. Continued Public Hearing from October 24, 2006: AZ 06-042 Request for Annexation and Zoning of 20.18 acres from RUT to an R-8 zone for Cottswold Village Subdivision by Cherie A. Dalton Living Trust - 2180 East Amity Road: ~~,,~y~~~~~, ~ ®/~~/..®b 10. Continued Public Hearing from October 24, 2006: PP 06-044 Request for Preliminary Plat approval of 62 residential lots and 9 common lots on 20.18 acres in a proposed R-8 zone for Cottswold Village Subdivision by Cherie A. Dalton Living Trust - 2180 East Amity Road: 11. Continued Public Hearing from October 24, 2006: AZ 06-044 Request for Annexation and Zoning of 19 acres from RUT to an R-4 zone for Whitebark Subdivision by Dan Wood - 2135 East Amity Road: 12. Continued Public Hearing from October 24, 2006: PP 06-046 Request for Preliminary Plat approval of 48 residential lots and 8 common lots on 19 acres in a proposed R-4 zone for Whitebark Subdivision by Dan Wood - 2135 East Amity Road: ~~~~~~ ~fw ~ `l 2~®ob 13. Public Hearing: AZ 06-041 Request for Annexation and Zoning of 8.95 acres from RUT to an R-8 zone for Harpe Subdivision by Larry C. Harpe - 4715 North Locust Grove Road: 14. Public Hearing: PP 06-042 Request for Preliminary Plat approval of 24 residential lots and 3 common lots on 8.95 acres in a proposed R-8 zone for Harpe Subdivision by Larry C. Harpe - 4715 North Locust Grove Road : ~r,.,,~, 7~l i~ ~ ~/•C ,~ a~ vN,Co 15. Public Hearing: AZ 06-032 Request for Annexation and Zoning of 29.31 acres from RUT to an R-8 zone for Trilogy Subdivision by Conger Management Group -south side of Chinden Boulevard and east of Black Cat Road: ~~,R,,,~ ~~~ ~ Gl-c ~~. a~,•av~-C~ 16. Public Hearing: PP 06-032 Request for Preliminary Plat approval of 148 single-family lots and 14 common /other lots including 2 private street lots on 28.17 acres in a proposed R-8 zone for Trilogy Subdivision by Conger Management Group -south side of Chinden Boulevard and east of Black Cat Road: ~~ ~l~ ~ ~~.,~ ,~ ®~r~~ov~+~-~ 17. Public Hearing: VAR 06-023 Request for a Variance to UDC 11-2A-5 to allow the front setback to be reduced to ten feet from the back of sidewalk for porches and side loaded garages for all phases of Crossfield Subdivision by Heron River Development, LLC - 955 West Ustick Road: /~o°.~.c. ~~~ ~ c/-e oar ~ v+~C~ Meridian City Council Meeting Agenda -November 8, 2006 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 11-07-06 18. Public Hearing: VAC 06-013 Request for a Vacation of the public utility, drainage & irrigation easement common to Lots 26 & 27, Block 1 of Lochsa Falls Subdivision No. 6 by Wayne Barber - 1660 West Glad Creek Street and 3906 North Cougar Flat Avenue: 19. Ordinance No. O6 - 1272 AZ 05-056 Request for Annexation and Zoning of 6.08 acres from RUT to TN-R and 4.07 acres from RUT to C-C zone for Harks Canvon Creek Subdivision by JBS Enterprises, LLC -1845 West Franklin Road: ~ro~ 20. Ordinance No. D 6 -' l Z 73 RZ 06-006 Request for a Rezone of 6.82 acres from R-8 to R-15 zones for Cedar Springs Townhomes by John Flaherty Construction -south of West McMillan and west of North M/~eridian Road: Executive Session per Idaho State Code 67-2345(1)(c) - (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency) and Idaho State Code 67-2345(1)(f) - (to consider and advise its legal representatives in pending litigation): ~~, CLG~i ~ ~ v`~ ~ l ~ ~~'Y~-r Meridian City Council Meeting Agenda -November 8, 2006 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • ! P ~~ ct ~ ~~~=t ~~i~.dai~ ~TZ~-~ ~- ~ ~.~~.ks ' CITY OF ~ "' ~~~~Y'C 8r1~1G~-l? f ianHo ~~ F c e~R s Trtetsi,t~ V+~~ ~ 19U9 CITY COUNCIL SPECIAL MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Wednesday, November 8, 2006 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 best of the ability of the presenter." 1. Roll-call Attendance: Shaun Wardle Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Bishop John Wheeler of the Meridian Paramount Ward of the Church of Jesus Christ of Latter-day Saints: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of October 3, 2006 City Council Regular Meeting: B. Approve Minutes of October 10, 2006 Pre-Council Meeting: C. Approve Minutes of October 10, 2006 City Council Regular Meeting: D. Approve Minutes of October 13, 2006 City Council Special Meeting: E. Findings of Fact and Conclusions of Law for Approval: PP 06- 040 Request for Preliminary Plat approval of 55 residential, 7 common lots & 1 other lot on 32.45 acres in an R-8 zone for Meridian City Council Meeting Agenda -November 8, 2006 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • • Shepherd Creek Subdivision by Valley Shepherd Church of the Nazarene & Shepherd's Creek, LLC - 2475 South Meridian Road: F. Resolution No. :VAC 06-012 Request for a Vacation of 2 feet of the required 5 foot side drainage and irrigation easement on the east side of Lot 16, Block 12, of Paramount Subdivision No. 7 by Brighton Corporation - 1037 West Bacall Street: G. Addendum to Development Agreement: M106-002 Request to Amend the previously approved Development Agreement for Walgreen's Pharmacy (RZ 05-008) to allow an 8-foot tall rather than 6-foot tall CMU wall along the east property line by the Hawkins Companies - 3150 West Cherry Lane: H. Pathway Easement Agreement for Tustin Subdivision with Dyver Development: I. Public Works Change Order No. 3 for the Centrate Tank Construction with Carollo Engineers: J. Scope of Services for PRV SCADA Programming with DC Engineers: K. Water Main Easement Agreement for Boondock Properties, LLC by Select Investment: L. Approve Agreement for Creamery Demolition and Tree Removal with Ideal Demolition: M. Contract for Wastewater Treatment Plant Expansion Proiect Task Order No. 4 with Carollo Engineers: N. Contract for the Five Mile Creek Flow Measurement Study with Brown and Caldwell: O. Water Main Easement Agreement for Valley Shepherd Church by Valley Shepherd Church of Nazarene: P. Sanitary Sewer and Water Main Easement Agreement for Valley Shepherd Church by Valley Shepherd Church of the Nazarene: Meridian City Council Meeting Agenda -November 8, 2006 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • • Q. Development Agreement: RZ 06-006 Request for a Rezone of 6.82 acres from R-8 to R-15 zones for Cedar Springs Townhomes by John Flaherty Construction -south of West McMillan and west of North Meridian Road: R. Agreement for Professional Services with Civil Survey Consultants, Inc. for Engineering Services for Utility Projects in Conjunction with ACRD Project: S. Development Agreement: AZ 05-056 Request for Annexation and Zoning of 6.08 acres from RUT to TN-R and 4.07 acres from RUT to C-C zone for Harks Cannon Creek Subdivision by JBS Enterprises, LLC -1845 West Franklin Road: 6. Department Reports: A. Mayor's Office 1. Proclamation for Recognition of Mountain View High School Boys Soccer Team State Champions: B. Legal Department: 1. Approve SWAC Recommendation for Benches for Playground and Walking Path for Linder Elementary for $1,369.00: Z. Approve SWAC Recommendation on Park Benches for Fuller Park for Western Ada Recreation District for $2,575.00 C. Council President's Report: 7. Items Moved from Consent Agenda: 8. FP 06-046 Request for Final Plat approval of 85 single-family residential building lots and 8 common lots on 19.57 acres in a proposed R-8 zone for Cedarcreek Subdivision by Liberty Development, Inc. -near the Northwest Comer of West McMillan Road and North Meridian Road: 9. Continued Public Hearing from October 24, 2006: AZ 06-042 Request for Annexation and Zoning of 20.18 acres from RUT to an R-8 zone for Cottswold Village Subdivision by Cherie A. Dalton Living Trust - 2180 East Amity Road: Meridian City Council Meeting Agenda -November 8, 2006 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • 10. Continued Public Hearing from October 24, 2006: PP 06-044 Request for Preliminary Plat approval of 62 residential lots and 9 common lots on 20.18 acres in a proposed R-8 zone for Cottswold Village Subdivision by Cherie A. Dalton Living Trust - 2180 East Amity Road: 11. Continued Public Hearing from October 24, 2006: AZ 06-044 Request for Annexation and Zoning of 19 acres from RUT to an R-4 zone for Whitebark Subdivision by Dan Wood - 2135 East Amity Road: 12. Continued Public Hearing from October 24, 2006: PP 06-046 Request for Preliminary Plat approval of 48 residential lots and 8 common lots on 19 acres in a proposed R-4 zone for Whitebark Subdivision by Dan Wood - 2135 East Amity Road: 13. Public Hearing: AZ 06-041 Request for Annexation and Zoning of 8.95 acres from RUT to an R-8 zone for Harue Subdivision by Lany C. Harpe - 4715 North Locust Grove Road: 14. Public Hearing: PP 06-042 Request for Preliminary Plat approval of 24 residential lots and 3 common lots on 8.95 acres in a proposed R-8 zone for Harpe Subdivision by Larry C. Harpe - 4715 North Locust Grove Road: 15. Public Hearing: AZ 06-032 Request for Annexation and Zoning of 29.31 acres from RUT to an R-8 zone for Trilogy Subdivision by Conger Management Group -south side of Chinden Boulevard and east of Black Cat Road: 16. Public Hearing: PP 06-032 Request for Preliminary Plat approval of 148 single-family lots and 14 common /other lots including 2 private street lots on 28.17 acres in a proposed R-8 zone for Trilogy Subdivision by Conger Management Group -south side of Chinden Boulevard and east of Black Cat Road: 17. Public Hearing: VAR 06-023 Request for a Variance to UDC 11-2A-5 to allow the front setback to be reduced to ten feet from the back of sidewalk for porches and side loaded garages for all phases of Crossfield Subdivision by Heron River Development, LLC - 955 West Ustick Road: 18. Public Hearing: VAC 06-013 Request for a Vacation of the public utility, drainage & irrigation easement common to Lots 26 & 27, Block 1 of Lochsa Falls Subdivision No. 6 by Wayne Barber - 1660 West Glad Creek Street and 3906 North Cougar Flat Avenue: Meridian Ciiy Council Meeting Agenda -November 8, 2006 Page 4 of 5 All materials presented at public meetings shall become properly of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~ s 19. Ordinance No. AZ 05-056 Request for Annexation and Zoning of 6.08 acres from RUT to TN-R and 4.07 acres from RUT to C-C zone for Harks Cannon Creek Subdivision by JBS Enterprises, LLC -1845 West Franklin Road: 20. Ordinance No. IZZ 06-006 Request for a Rezone of 6.82 acres from R-8 to R-15 zones for Cedar Springs Townhomes by John Flaherty Construction -south of West McMillan and west of North Meridian Road: 21. Executive Session per Idaho State Code 67-2345(1)(c) - (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency) and Idaho State Code 67-2345(1)(f) - (to consider and advise its legal representatives in pending litigation): Meridian City Council Meeting Agenda -November 8, 2006 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~ ~ Broadcast Report ~ ~ Date/Time 11-03-2006 LocaIID 1 2088884218 LocxllD 2 06:12:59 p.m. Transmit Header Te>d City of Meridian Idaho Local Name 1 Line 1 Local Name 2 Line 2 This document :Confirmed (reduced sample and details below) Document size : 8.5"x11" Tnfal D~ncc Cronr,crl •ri d ~"'°1 ~., CITY COUNCIL SPECIAL er1~+'lart ~ AAEETIN© AGENDA 7DAYfQ ~ ~ City Counc#1 Chambers 33 East Idaho Avan~, id#arldian, Idaho Wednesday. November 8, 2008 at 7:00 pm. "A/1Y+augh the CHy ofl~Aerfdten na lOn~Br requires SlY7J1rt 1e.~1JrWJ'!y, aq presentstlans before ttAS A98yar and City Coundf ere expeded Go ~ iruiXiful and honest to best of the ebillty of me presenter.° 1. Rol[-call Attendance: Shaun Wardle Joe Horton Charlie Rountree Keith 91td Mayor Tammy de Weard 2. Pledge of AUagiancs: 3. CommuNty lmocatton by Btehap John Wheeler of the lEaridlarr Paramount Ward of the Church of Janes Christ of Latter-day 3afrrta: 4. Adaptlon of the Agenda: 5. Consa-rt Agenda: A. Approve Minutes of October 3, 2008 City Cotmdi Regular MeaUng; B. Approve Minutes of October 10, 2008 Pre-Council Meeting: C. Approve Minutes of October 10, 2008 City CouncU Regular Meeting: [!. Approve Minutes of October 13, 2006 Gty Gotutcil Spacial Meeting; E. Flndirpgs of Feet and Condtislorta of Law for Approval: PP ~- 040 Request for Preilminary Plat approval of 65 residential, 9 conunon lots 8 1 other bt on 32.45 acres lit an R-B zone for Mestdient~tyCwntoNhleelingAgende-(do~rr®er8,2~ Pagelot5 Ati maleNeb et p~ nfe ehafi erne p~gperly atUse Criy of RreNdisn. Anyone dung ~xwmnafstias fordtssbtRieate~d 6f docnmefids erA11M hea~elg, Pie ~rdeCt the ~Y park's O(9oe ~ 888-0493 ~ least 48 hoes P+~ is Use P~ . Tntal Panama C:nnfirmari • 110 No. Job Remate Station Start Time Duration Pages Line Mode Job Type Results 001 197 3810160 04:Q6:54 p.m. 11-03-2006 00:05:05 5/5 1 EC HS CP9600 002 197 8989551 04:06:54 p.m.11-03-2006 00:01:21 515 1 EC HS CP19200 003 197 8848723 04:06:54 p.m. 11-03-2006 00:01:50 515 1 EC HS CP14400 004 197 8886854 04:06:54 p.m. 11-03-2006 00:01:04 5!5 1 EC HS CP31200 005 197 8985501 04:06:54 p.m. 11-03-2006 00:01:55 515 1 EC HS CP14400 006 197 8467366 04:06:54 p.m. 11-03-2006 00:09:02 5/5 1 EC HS CP28800 007 197 8950390 04:06:54 p.m. 11-03-2006 00:01:02 5/5 1 EC HS CP31200 • Meridian City Council Special Meeting November 8, 2006 A Special Meeting of the Meridian City Council was called to order at 7:13 P.M., Wednesday, November 8, 2006, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Shaun Wardle, Keith Bird, Charlie Rountree, and Joe Borton. Others Present: Bill Nary, Will Berg, Anna Canning, Jeff Lavey, Bill Johnson, Len Grady, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Shaun Wardle X Charlie Rountree X X Joe Borton X Keith Bird Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and call this meeting to order. Good evening. We appreciate you all being here with us tonight. It is Tuesday -- or it's not Tuesday. It's Wednesday, November 8th. It's 7:15. We will start with roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance: De Weerd: Tonight we are very honored to have with us the Mountain View soccer team, the state champions, and I think we might have a few of our JV players as well. At the JV level they don't go all the way to state, but I might note that the JV team is also the district champions. So, you have a lot of outstanding soccer players certainly in our presence. We appreciate you being here with us tonight and I will ask you if you will, please, lead us in the pledge of allegiance. If you will all rise. (Pledge of allegiance recited.) Item 6: Department Reports: A. Mayor's Office 1. Proclamation for Recognition of Mountain View High School Boys Soccer Team State Champions: De Weerd: Well, Council, if you don't mind, I will go ahead and move the proclamation up on our agenda and today we are declaring it Mountain View High School Boys Soccer Team Day and with that I will read the proclamation and, then, present it to the team and along with some City of Meridian pins. Whereas the City of Meridian recognizes and commends the Mountain View High School Boys Varsity Soccer Team for having an outstanding season this year and whereas this team has compiled 14 Meridian City Council Special Meetir~ November 8, 2006 Page 2 of 44 wins, four losses, two ties in their season record, with a total of 95 goals made and 25 goals scored upon and whereas this team took home the state 5A high school boys soccer championship on October 21st, 2006, and whereas the Mayor and City Council of the City of Meridian acknowledges the accomplishments and efforts of this team, coaches, trainers, cheerleaders, students, faculty, athletic director, parents, boosters, and supporters, and whereas this soccer team took away from this season more of the memories about soccer, but life lessons teamed through team efforts and their coaches, and whereas this is the first team in the Mountain View High School history to win a championship, therefore, I, Tammy de Weerd, Mayor of the City of Meridian, hereby proclaim Wednesday, November 8th, as Mountain View High School Boys Soccer Team Day in the City of Meridian in recognition for the success of the Mountain View High School boys soccer program this season. Congratulations to all of you. Job well done. I think what I will ask you to do is as I present your pins if you will step up to the mike and just tell your name, age, your level in school, so that we will have a chance to know who you are, so -- and first is coach -- would you, please, step forward. We know -- no coach is always in the background, but certainly we want to share our appreciation. Ajir: Well, Madam Mayor, thank you for having us in here. I want to have my assistant coach also come up, Chuck Sykes. We want to present you with a bouquet of flowers from the team and a T-shirt championship -- state championship T-shirt. It has -- it does have their names on it, so thanks for having us here, so -- okay. My name is Dean Ajir, I'm actually from Boise area, but I coach over here at Mountain View and I'll pass it off to you. Sykes: Well, I'm the assistant coach to Dean. I'm Chuck Sykes, I live in the Meridian School District. De Weerd: Okay. I'm pleased to present the proclamation to you and congratulate and -- sorry, Dean -- congratulate you for a season that was incredible and wish you luck next year. Ajir: Thank you very much. De Weerd: Congratulations. Ajir: Thank you very much. De Weerd: Now, if we can all introduce -- are you the team captain? If you'd like to show your trophy and just introduce yourself. Burnham: This is our trophy. I'm Daniel Bumham, I'm forward, and I'm a senior. Feels good. Ochsner: I'm Dylan Ochsner and I played defense throughout the whole year, so -- yeah. And I'm a senior as well. Meridian City Council Special MeeU~ • November 8, 2006 Page 3 of 44 Channer: My name is Michael Channer. I'm a senior. I played forward also all year. Bird: Walk into the mike guys. Channer: Want me to start over? My name is Michael Channer, I'm a senior, I play forward. Allen: I'm Jacob Allen and I played goalie throughout state and right -- mid field and some forward during regular season. And I'm a senior. C. Allen: My name is Cody Allen, I'm a sophomore, wing, and that's where I played all year. Sykes: All right. I'm Nick Sykes. I played mid field and I'm a junior. Hamm: All right. I'm Nathan Hamm, I played defensive mid field, and I'm a junior. Bacon: Okay. I'm Jacob Bacon and I'm a junior and I play defense. Jacobs: I'm Jake Jacobs, I'm a senior, and I play defense. Lemus: Daniel Alberto Lemus, I'm a senior, and I play left mid field. Richardson: Zach Richardson, I'm a sophomore, and I play mid field as well. Sturm: I'm Brian Sturm, I played keeper throughout the season, and I'm a sophomore. Fujimoto: I'm Stephan Fujimoto, aka Fuji, and I play defense and I'm a junior. Wagner: My name is Gary Wagner, I play mid field, and I'm a sophomore. Lawton: My name is Tyler Lawton, I play right mid field, and I'm a sophomore. Ault: I'm Evan Ault, play on JV, and I'm a junior, and I play a little defense. Shawver: I'm James Shawver and I'm a freshman and I played mid. Reeves: I'm Brandon Reeves, I'm a sophomore, and I play defense. Pearce: I'm Michael Pearce, I'm a sophomore, and I play defense mid field. Captain: I'm one of the captains, I just wanted to say for -- thank you, Dean, for this good year and kind put us through some bad moments, but we got passed that and ended up winning state. So, yeah. Meridian City Council Special Meeb~ November 8, 2006 Page 4 of 44 Captain: Thanks, Dean. No, really, thanks, Dean for -- for the great season, and, Chuck, appreciate it and thanks, Mayor, for this and -- for this opportunity that we have to come here and -- yeah, so -- Player: Feels good. Player: Anybody want to say anything? Fujimoto: We would like to thank our great team manager Angie Veasy. And we are going to need more wax. De Weerd: We want to thank you all for joining us and, again, congratulations for a great season and we will look forward to seeing you again next year. Okay. We love taking the opportunity to recognize our youth and we appreciate you bearing with us. It's -- it's not often do we have those opportunities. Item 3: Community Invocation by Bishop John Wheeler of the Meridian Paramount Ward of the Church of Jesus Christ of Latter-day Saints: De Weerd: Okay. Next item on our agenda is our community invocation. We will be led tonight by Bishop John Wheeler of the Meridian Paramount Ward of the Church of Jesus of the Latter-day Saints. If you will all join us in the invocation or take this as an opportunity for a moment of silence. Bishop. Wheeler: Our Father in Heaven, at the beginning of this City Council meeting we take a moment to give thee thanks for the blessings that we enjoy living in this great community in this wonderful state in this free country that we enjoy, the freedoms that are here, the freedoms that we have to participate in government, to express our voice and our opinions, to elect our local leaders, and to participate in building this community. Father, we have so many blessings to live in this prosperous area, things that we enjoy, the wonderful community that this is. Father, at this time we pray a blessing to be upon our leaders, those who give of their time here as part of the City Council, the leadership here in Meridian, that thou would bless them with wisdom and with guidance. Bless us to be able to work together as we wrestle with the challenges of a growing community, that we may be able to work in partnership and in wisdom, to be able to come together and find good solutions for the challenges that face us and make this city a wonderful place to come to and a wonderful community to be a part of. Father, we are so grateful, once again, for thy blessings, for the peace and prosperity and freedoms that we enjoy and, again, pray that thou would watch over the proceedings here this evening and bless us with wisdom and with guidance and direction. Father, these things we do pray for at this time and do so in the name of Thy Son Jesus Christ, amen. De Weerd: Thank you, Bishop Wheeler. I would like to also present with you a City of Meridian pin for joining us tonight. Thank you so much. Council, one more interruption into our meeting. I had received an a-mail today and we appreciate the freedoms that Meridian City Council Special Meetir~ • November 8, 2006 Page 5 of 44 our veterans have fought for and certainly sacrificed and we received an a-mail today. On the day after election day where we have an opportunity to express ourselves through out vote and a few days before Veterans Day we did think that this was an appropriate reminder, so if you will all bear with us. (E-mail video played.) De Weerd: Thank you. Just a timely reminder of the sacrifices of those that have served. Do we have any veterans in the room with us tonight? Ron in the back. Thank you. Item 4: Adoption of the Agenda: De Weerd: Okay. Council, adoption of the agenda, Item No. 4. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent Agenda, Item F, which is resolution number 06-540 has been asked to be moved to the regular agenda as 7-F. Item number R on the regular agenda has been asked to be moved to the Consent Agenda of 11/14/06. On the regular agenda Item No. 8 has been asked to be tabled to November 28, '06. And Items 9, 10, 11, and 12 have all been asked to be continued to 11/21/06. And on the regular agenda Items 19 and 20 are ordinance. Our ordinance number for 19 is 06-1272 and Item No. ZO is 06-1273. With that I move we approve the revised agenda. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of October 3, 2006 City Council Regular Meeting: B. Approve Minutes of October 10, 2006 Pre-Council Meeting: C. Approve Minutes of October 10, 2006 City Council Regular Meeting: D. Approve Minutes of October 13, 2006 City Council Special Meeting: Meridian City Council Special Meetin~ November 8, 2006 Page 6 of 44 E. Findings of Fact and Conclusions of Law for Approval: PP 06- 040 Request for Preliminary Plat approval of 55 residential, 7 common lots & 1 other lot on 32.45 acres in an R-8 zone for Shepherd Creek Subdivision by Valley Shepherd Church of the Nazarene & Shepherd's Creek, LLC - 2475 South Meridian Road: G. Addendum to Development Agreement: MI 06-002 Request to Amend the previously approved Development Agreement for Walareen's Pharmacy (RZ 05-008) to allow an 8-foot tall rather than 6-foot tall CMU wall along the east property line by the Hawkins Companies - 3150 West Cherry Lane: H. Pathway Easement Agreement for Tustin Subdivision with Dyver Development: I. Public Works Change Order No. 3 for the Centrate Tank Construction with Carollo Engineers: J. Scope of Services for PRV SCADA Programming with DC Engineers: K. Water Main Easement Agreement for Boondock Properties, LLC by Select Investment: L. Approve Agreement for Creamery Demolition and Tree Removal with Ideal Demolition: M. Contract for Wastewater Treatment Plant Expansion Project Task Order No. 4 with Carollo Engineers: N. Contract for the Five Mile Creek Flow Measurement Study with Brown and Caldwell: O. Water Main Easement Agreement for Valley Shepherd Church by Valley Shepherd Church of Nazarene: P. Sanitary Sewer and Water Main Easement Agreement for Valley Shepherd Church by Valley Shepherd Church of the Nazarene: Q. Development Agreement: RZ 06-006 Request for a Rezone of 6.82 acres from R-8 to R-15 zones for Cedar Springs Townhomes by John Flaherty Construction -south of West McMillan and west of North Meridian Road: Meridian City Council Special Meetin~ November 8, 2006 Page 7 of 44 R. Agreement for Professional Services with Civil Survey Consultants, Inc. for Engineering Services for Utility Projects in Conjunction with ACHD Project: S. Development Agreement: AZ 05-056 Request for Annexation and Zoning of 6.08 acres from RUT to TN-R and 4.07 acres from RUT to C-C zone for Harks Cannon Creek Subdivision by JBS Enterprises, LLC - 1845 West Franklin Road: T. Development Agreement: Lamont Kouba / Robnett Construction for Initial Point Subdivision on East Fairview Avenue: De Weerd: Item 5, Mr. Bird. Bird: Madam Mayor, I move that we -- on the Consent Agenda, Item No. F be moved to the regular agenda as 7-F. That is Resolution No. 06-540. And Item R I move that we table that to November 14th, 2006. With that I move that we approve the Consent Agenda as stated and for the Mayor to sign and the clerk to attest on all papers. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda as changed. Is there any discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: B. Legal Department: Approve SWAC Recommendation for Benches for Playground and Walking Path for Linder Elementary for $1,369.00: 2. Approve SWAC Recommendation on Park Benches for Fuller Park for Western Ada Recreation District for $2,575.00 De Weerd: Okay. Item 6-A, we have already heard the proclamation for the Mountain View High School soccer team, so we will move to Item B, our legal department. Mr. Nary. Meridian City Council Special Meefi~ • November 8, 2006 Page 8 of 44 Nary: Thank you, Madam Mayor. Madam Mayor, Members of the Council, there is a couple of items that are on your packet that were items that were approved by the Solid Waste Advisory Committee. Our standard process is to bring those back in front of you for final approval. The first one is for benches at the -- for the playground and walking path at Linder Elementary. It does meet all the criteria that's been previously established by the Commission and approved by this Council, that it's -- at least 50 percent of it is provided by the applicant of the cost. Some of that's in equity of installation, of that's in fund raising, that it be within the city limits, that it have some way to memorialize what the -- what the contribution from the solid waste fund has been, whether it's in a sign or some other method, that they will also provide that and this does meet all those criteria for both items one and two. If you have any other questions, Councilmember Rountree is also a member of the committee, so, hopefully, myself or he can answer any other questions you may have. De Weerd: Thank you, Mr. Nary. Any questions from Council? Bird: I have none. De Weerd: Okay. Council, I need a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve the SWAC recommendations for benches for the playground and walking path for Linder Elementary for 1,369 dollars and also to approve the SWAC recommendation of park benches for Fuller Park for Western Ada Recreation District for 2,575 dollars. De Weerd: Okay. Do I have a second? Wardle: Second. Borton: Second. De Weerd: Okay. I have a couple of them. We do have a motion and a second on Items B-1 and 2. Is there any discussion? Okay. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, abstain; Wardle, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSTAIN. 3. Discussion of Draft Arts Commission Ordinance: De Weerd: Okay. Item 3. Mr. Nary. Meridian City Council Special Meetir~ November S, 2006 Page 9 of 44 Nary: Thank you, Madam Mayor, Members of the Council. I'm going to pass out to you -- you probably should have it on your laserfiche, but if any of you want a hard copy of it -- we have a draft proposal for an establishment ordinance for a Meridian City Arts Commission. Madam Mayor has tasked us -- we have had a couple of meetings on the subject and we have put together a draft ordinance for this. There is a lot of work to be done from this, so this is sort of the starting point for establishing acity-wide arts commission. Part of that commission would be, then, tasked to create a plan for the city, a long range comprehensive plan for public art and other type of activities or projects they may want to participate in. There are available grants for these types of things. There is some need that can be met through some public grants, through either the state or other agencies, but this is sort of the initial phase of that. It's a very basic ordinance. We did look at a couple of other cities in trying to establish an appropriate type of commission. From reviewing it, probably one of the things we need some input on is the size of the commission that you think is appropriate. Some cities have as large as 15 people. I think that's a little too cumbersome to have for a commission. Somewhere between five and seven. This one is five. Somewhere between five and seven is a good working group, especially because of the initial commission is going to be tasked with helping create some identity and some planning for the future for the city. If you have too large a group that makes it a little unwieldy. That's the basics of the ordinance in front of you. Certainly Madam Mayor may have more input about it, but if it meets your needs, we can bring it on in the next week or two and put it on your agenda for approval. If you have other input or issues you want us to address in here we can do that as well. De Weerd: Thank you, Mr. Nary. Council, Councilman Borton, our Planning Director Anna Canning, Matt Ellsworth, Bill Nary, and a representative from the State Arts Commission met to discuss this. She also provided us with a number of different ordinances and grant ideas, those kind of things. So, this is the initial draft. We wanted to get that in front of you, so that you can -- we can ask for discussion and your direction. Mr. Borton, do you have anything you would like to add? Borton: No. It was a great meeting, Madam Mayor, and I think it's a great opportunity. The time is right when you look at the Ten Mile area plan and some of the other developments that are taking place, that a commission like this adds great value to the city. Mr. Nary, one of the questions I had to you on the ordinance -- and from my perspective I'd like to see it come forward and get the process started. Whether or not the ordinance itself should say there is five members or is it permissible to say a minimum and a maximum and, then, allow the initial Commission through its bylaws to establish what works best to be able to fine tune it, seven, nine, perhaps, and, then, let the initial board do the bylaws and determine what works best. It looks great to me. I appreciate your bringing it forward. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council Special MeeU~ • November 8, 2006 Page 10 of 44 Bird: I believe this is a very very good step in the direction, but I have come to the conclusion that I would like to step back to like we did when I first come on five, six years ago, and put this on apre-Council meeting for a five, ten minute talk and discuss it and I don't -- you know, I'm only one vote out of four, but I'm -- I want to go back to the old way of -- on ordinances, that we have a discussion before it passes and I -- while I agree that this is a great deal, I want to really have a discussion on it. De Weerd: Mr. Bird, I appreciate those comments and that is what the intent is is to, first, introduce this to you in a public forum, give you a chance to look at it before we ask for comments and discussion. Bird: So, Council President, let's get this set up on a deal. I would appreciate that. If the President agrees. Wardle: We will do it. De Weerd: Thank you. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Would the rest of the Council be at least for that discussion to amend the membership section to a minimum of five up to nine? Is that -- I can make that amendment and we can certainly have whatever other discussion you want. Bird: That's what the discussion -- that's where we can discuss it. Nary: Okay. All right. De Weerd: Okay. We will bring this back next week. We do have apre-Council agenda I believe on air quality. So, be a great partner with that. Wardle: We have full pre-Council agendas from here until February, so we will get it on. C. Council President's Report: De Weerd: Thank you. Okay. Item 6-C. Mr. Wardle. Wardle: Thank you, Madam Mayor. Item 6-C is the Council President's report and Councilman Borton and I had a wager on the Boise State, University of Idaho football game and because my daughter Taylor is here in the audience, I would like -- and this is going to be on the record, to note that making a wager can have certain negative consequences, but you should always honor your commitments and so I shall do that and proclaim publicly that it is with great enthusiasm and heart-felt conviction that I take Meridian City Council Special MeeU~ November 8, 2006 Page 11 of 44 this opportunity to publicly proclaim my support of Boise State football and to tell all present how proud I am of their great accomplishments. Bird: And sing the fight song. Wardle: Go Broncos. Rountree: A little more enthusiasm. De Weerd: Now, we could talk about the same weekend I believe that the WSU Cougars beat a certain Oregon team and I, you know, didn't have a wager, because I don't do that. Mr. Borton, do you have any comment? Borton: Sean -- Councilman Wardle is a good sport. He read that word for word. Wardle: Thank you for the opportunity. Borton: I'll give you another one next year. De Weerd: Okay. Wardle: Thank you. De Weerd: Thank you. So, that's your report, uh? Wardle: That's it. Item 7: Items Moved from Consent Agenda: F. Resolution No. 06-540 VAC 06-012 Request for a Vacation of 2 feet of the required 5 foot side drainage and irrigation easement on the east side of Lot 16, Block 12, of Paramount Subdivision No. 7 by Brighton Corporation - 1037 West Bacall Street: De Weerd: That was worth it. Okay. We did remove an item from the Consent Agenda. Item F on resolution number 06-540. Canning: Madam Mayor, Members of the Council, last week or -- I think it was last week you approved a vacation for a drainage and utility easement of three feet. We got -- or two feet. I'm sorry. And the record of survey came through and instead of having a full four foot setback, which would lead to the two foot vacation, they have a 3.93 setback. So, there is .07th of a foot, which is about an inch, that -- so we need to amend the resolution for the vacation to say two feet and an inch or 2.07 feet, but we did need to amend that resolution. And the applicant is here if you want to chastise him, but we do ask that you make that change to the resolution. Meridian City Council Special Meetin~ November S, 2006 Page 12 of 44 De Weerd: That's why you brought your daughter. Oh, that is just shameless. Mr. Nary. Nary: Madam Mayor, it was my recommendation that we pull it off this Consent Agenda and make note of it and, then, you -- the Council can recommend inserting that into the written documents, so that it accurately reflects what it is and I guess if they could re- read the BSU proclamation again, I guess that's the price you pay for making an error. De Weerd: You did say it with a smile on your face, Councilman Wardle. I was very impressed. Okay. Council, I guess you're being asked to pass this with the change as reported -- or not. Or we can ask the applicant to comment. What is your desire? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I would move that we pass as just indicated with the amendment. Wardle: Second. De Weerd: Okay. I have a motion and a second to pass Resolution No. 06-540, with the changes noted. Rountree: And I might add that -- to my motion that there be a time out to the applicant. De Weerd: Can we put him in the corner? That's always effective. Okay. Any further discussion? Mr. Berg, will you call roll. Canning: Pardon, Will? De Weerd: Will you, please, speak into your microphone, Mr. Berg. Berg: Sorry, Madam Mayor, I was just making sure before I call roll that I had all the documents that I needed for this resolution. De Weerd: Okay. Berg: And I was just inquiring if I needed to have a different exhibit attached. You can't read the numbers as it is on the exhibit, which we have. De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, what gets recorded is the -- additionally is the resolution itself. So, your direction and your motion is to make that correction as Meridian City Council Special MeeU~ November 8, 2006 Page 13 of 44 noted by the planning director, they can make that correction on the record and record it that way. De Weerd: Okay. Berg: And I guess my question, Madam Mayor, is if it's -- the exhibit doesn't follow what it says in the resolution, then, we don't have the right exhibit. Now, all I'm asking is if I have the right exhibit to follow up with the numbers on the resolution. And is that the right exhibit? Nary: I believe it is the right exhibit, because I think that's how we caught that the -- the amendment was less than what was -- it's not the right exhibit. Bird: No, because that's showing a three foot. Canning: Madam Mayor, Members of the Council, I mean we have rounded -- this is a rounding error that normally we wouldn't be concemed with. The only reason that we were concemed was clearly identifying this one is because we are going to have a recorded lot line adjustment that says 3.93 feet. I think the exhibit is fine, with the clarification in the text there is an additional inch that's being vacated there. De Weerd: Okay. Rountree: That was the intent of my motion. I don't know how we go about getting paperwork corrected. Berg: Thank you, Madam Mayor, I will call roll. De Weerd: Thank you. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Before we move into our regular agenda, I will invite all of you to make way for the future, it's our -- kind of our demolition party at the creamery, if there is anything left. So, if you have noticed the creamery building has started the demolition process, but we did want to have a ceremony that honors the roots of our past and the history of that site as we make way for the new City Hall project. That is on Monday, November 13th, at 11:00 a.m. and it will be in the parking lot behind this building over by the old Farmers and Merchants State Bank Building. So, we'd love to have you join us for that ceremony. Item 8: FP 06-046 Request for Final Plat approval of 85 single-family residential building lots and 8 common lots on 19.57 acres in a proposed R-8 zone Meridian City Council Special Meeb~ November 8, 2006 Page 14 of 44 for Cedarcreek Subdivision by Liberty Development, Inc. -near the Northwest Comer of West McMillan Road and North Meridian Road: De Weerd: Okay. Item 8 has been requested to continue to November 28th. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we table FP 06-046 to November 28, 2006. Rountree: Second. De Weerd: Okay. I have a motion and a second to continued Item 8 to the 28th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 9: Continued Public Hearing from October 24, 2006: AZ 06-042 Request for Annexation and Zoning of 20.18 acres from RUT to an R-8 zone for Cottswold Villacae Subdivision by Cherie A. Dalton Living Trust - 2180 East Amity Road: Item 10: Continued Public Hearing from October 24, 2006: PP 06-044 Request for Preliminary Plat approval of 62 residential lots and 9 common lots on 20.18 acres in a proposed R-8 zone for Cottswold Village Subdivision by Cherie A. Dalton Living Trust - 2180 East Amity Road: Item 11: Continued Public Hearing from October 24, 2006: AZ 06-044 Request for Annexation and Zoning of 19 acres from RUT to an R-4 zone for Whitebark Subdivision by Dan Wood - 2135 East Amity Road: Item 12: Continued Public Hearing from October 24, 2006: PP 06-046 Request for Preliminary Plat approval of 48 residential lots and 8 common lots on 19 acres in a proposed R-4 zone for Whitebark Subdivision by Dan Wood - 2135 East Amity Road: De Weerd: Okay. Items 9, 10, 11 and 12 are continued public hearings from October 24th on AZ 06-042, PP 06-044, AZ 06-044 and PP 06-045. This has also been requested to continue to November 21st and I will need a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council Special Meetinc~ • November 8, 2006 Page 15 of 44 Bird: I move that we continue the public hearings for Items 9, 10, 11 and 12 -- you have already given the numbers -- to November 21st, 2006. Rountree: Second. De Weerd: Okay. I have a motion and a second to continue Items 9 through 12 to the 21st. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 13: Public Hearing: AZ 06-041 Request for Annexation and Zoning of 8.95 acres from RUT to an R-8 zone for Harpe Subdivision by Lany C. Harpe - 4715 North Locust Grove Road: Item 14: Public Hearing: PP 06-042 Request for Preliminary Plat approval of 24 residential lots and 3 common lots on 8.95 acres in a proposed R-8 zone for Harpe Subdivision by Lany C. Harpe - 4715 North Locust Grove Road: De Weerd: Okay. Item 13 is a Public Hearing on AZ 06-041 and Item 14 is PP 06-042. I will open those two public hearings with staff comments. Canning: Madam Mayor, Members of the Council, this the Harpe project. It's located on the southeast comer of the intersection of Locust Grove and McMillan, as shown here. You will see that to the east and the south are developed, as well as partially to the north. The applications before you today are an annexation and zoning and preliminary plat. The plat includes 22 single family residential lots and three common lots. The lot sizes range from approximately 7,532 square feet to 8,945 square feet and, then, there is the one very large lot at the northern end of the property that's 89,833 square feet. They have proposed approximately .85 acres or 9.9 percent open space. The gross residential density is 2.45 units per acre. The access is an existing stub street, Bright Angel Avenue from Havasu Creek. So, it comes into the subdivision and it does -- they do stub to the existing house lot, so they will be removing their driveway and taking access from that stub street. And, then, there is a stub going east. I should point out we are starting to see all of these come in. You have seen these two before. We have done pre-apps on -- pre-application conferences; excuse me, on these two. I think there is -- I think there is only one of these five acre lots that hasn't come in for pre-application conferences at this point. We have some elevations as well. I will let you see those. The Planning and Zoning Commission did recommend approval at their October 5th Public Hearing. Van Elg spoke in favor. No one spoke in opposition and none commented. There was written testimony from Oliver Palmer. The key issues of discussion by the Commission were the overall density of the subdivision and the future density of Lot 13, Block 1. That's the large parcel to the north. The key Commission changes to staffs initial recommendation were to add a requirement to the development agreement limiting Lot 13, Block 1, to a density of four dwelling units per acre. I raise this as an outstanding condition only because what - I need to explain a Meridian City Council Special Meetin~ • November 8, 2006 Page 16 of 44 little bit what the Planning Commission was thinking. They recognize that although the density was 2.45 units per acre, the one large lot really throws that off quite a bit. It wouldn't be -- typically what you would -- the lot sizes you would expect. So, they did ask for R-8 zoning, even though this is a low density residential Comprehensive Plan designation. So, they did fit that category, but it was -- it was a little bit unusual, because of the one large lot. So, the Planning Commission wanted to make sure that as this lot developed they didn't develop at the full R-8 standards, which would allow eight units to the acre. I think that perhaps what they weren't considering is that this lot will still have a low density designation on it, which would only allow up to three units per acre. So, I would be looking for Council's -- you may want to revise that current development agreement provision that says they can only build up to four dwelling units per acre, because the Comp Plan currently would only allow up to three without a step up in density. So, that -- I talked to the applicant about this. They are fine kind of anyway you want to go. They are okay with the four dwelling units per acre. If you want to remove the condition entirely, I think they are in favor of that. That would just kind of leave it to whatever the Comprehensive Plan designation is, although this lot will have R-8 zoning. So, you may want to make some reference as to what kind of density you anticipate, should this re-develop in the future. And with that I can end staffs presentation. One final note. There has been no additional written testimony since the Planning and Zoning Commission. And I'll answer any questions you may have. De Weerd: Thank you, Anna. Any questions? Bird: Madam Mayor, I just wanted clarification. In all the paperwork and everything it says southeast comer of intersection of Locust Grove and McMillan. I think that's southwest. Canning: Southwest. I'm sorry. You're correct. Bird: Okay. I just wanted to correct it for the -- Canning: I picked it up without thinking about it as well. So, I apologize for that. De Weerd: Okay. Is the -- Rountree: Madam Mayor? De Weerd: Yes. Rountree: Anna, would you display the area and the current -- Canning: Zoning? This one? It's R-8 across the street in Settlement and, then, it is R-4 in Havasu. The project that you approved to the west was, I believe, R-4 also. Rountree: Thank you, Anna. Meridian City Council Special Meetln~ • November 8, 2006 Page 17 of 44 Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Anna, you mentioned elevations. Did you show those? Canning: Yes. There was just the one slide. Wardle: Thank you. Canning: Oh, there is two slides. Sorry, Van. De Weerd: Thank you. Is the applicant here? If you will, please, state your name and address for the record. Elg: Sure. My name is Van Elg. I'm with the Land Group in Eagle, Idaho. 462 East Shore, No. 100, in Eagle. De Weerd: Thank you. Elg: I represent Mr. Harpe tonight and we appreciate the opportunity to come and talk about Harpe Subdivision. A couple of things I'd like to point out on this development is we initially came in after review with staff and we had -- I think, Anna, was three or -- three more lots in this area here, but we also didn't plan on some issues with ACHD, as Gary might be able to clarify if necessary, but we have provided for some turning movement here at ACHD, some improved right of way widths there. In doing all of that -- and also to satisfy some turnaround issues with the fire department, we have come back in and readjusted these lots here. These, actually, don't require the step up or the -- the -- they can comply with the applicable zoning. It's these right here that are actually the step-up lots. As you can see, the Havasu lots down here, these are roughly the same size as the existing development. So, we have got some that are, essentially, the same size existing development and these here, which will be large in size. So, step up just in this area. This lot right here will remain and we are comfortable with what Anna has mentioned. We didn't come in thinking the development agreement would apply. We understood that should this owner here decide to redevelop in the future that he would have to come in and apply -- or apply for an application, re- subdivision of the lot, if necessary. He's got a nice home there. I don't think that will -- he indicates that probably won't happen for some time. But should that happen we have provided a stub right there for future access and coordinated that with ACRD as well. That should provide access here. It eliminates access -you know, direct driveway access to McMillan. And, again, if he comes into redevelop his site he will have to comply with the two applicable documents. One is the Comprehensive Plan, which currently states three dwelling units per acre, and with the applicable zoning. Granting the R-8 zoning now saves the need to come back in to rezone it again, which would probably occur I would guess. We have tried to map that out several ways. Essentially, it's -- where that road lies right now you will see that it will end up with Meridian City Council Special Meeting"` November 8, 2006 Page 18 of 44 similar type lot developments there if that house were to go away and ever develop in that area there. So, essentially, we brought this down to 22 lots, where we had 24 or 25 initially I think it was. I don't -- unless you have any other specific questions of me, I think that was, really, the most pending or significant issue and we learned of this issue today when Justin called us about their concerns with the -- which Anna just mentioned. And, again, we are comfortable just removing the DA, if you're comfortable with that, and just allowing it to be a -- let the two applicable documents apply. De Weerd: What is that second building on the existing lot? Elg: The garage. A shop. De Weerd: Okay. Council, any questions for the applicant? Rountree: I have none. Bird: I have none, Mayor. De Weerd: Okay. Thank you. Elg: Thank you. De Weerd: This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Okay. Any further comments from the applicant? Staff? Canning: Madam Mayor, Members of the Council, Iwould -- the applicant has suggested that just removing the condition from the development agreement may be the most appropriate thing. Iwould hope you would seek Mr. Nary's advice on whether the R-8 zoning would imply that they were eligible for eight units to the acre on that, if we might not be looking at some problems in the future. De Weerd: Thank you, Anna. Mr. Nary. Nary: She's right. Madam Mayor, Members of the Council -- De Weerd: Wow, that's the shortest answer. Nary: Madam Mayor, Members of the Council, I think that would be the concern. I mean if you didn't split the zoning and create two zones, if you didn't have a development agreement, then, it would certainly imply to a future development that all of it is R-8 zoning. So, it would be wise to have that restriction on a development agreement as a future guard against that being redeveloped at that -- at that density. Just a little supplement to the short answer. De Weerd: Thank you. Any questions from Council? Is the applicant okay with that? Would you like to comment? Meridian City Council Special Meetin~ November 8, 2006 Page 19 of 44 Elg: Sure. That works with us. If the development agreement will clarify it, that was an issue we discussed with Justin, too, would cause any concerns in the future with the R- 8zoning. The Comp Plan would still apply, as I understood it, but it could cause some confusion. We suggested other options of putting a note on the plat or something, but we just want to keep it simple, so that it's -- it doesn't become a troublesome thing. But if you'd rather --development agreement it is and that will work for us. De Weerd: Okay. Yes, our staff loves plat notes. Okay. Council, anything further? Okay. Anna? Canning: Madam Mayor, Members of the Council, I think Mr. Nary -- I wasn't sure he was suggesting it, but I don't think it's something we talked about before, but you -- they could -- you could always step down the zoning on that large property, if that's one way you wanted to take care of this. We have gotten new legals and just done that as part of the Findings before when it's -- when it's a step down you can -- you have the ability to do that. So, if it was a concern about having the R-8 zoning, we could go to an R-4 on that lot. De Weerd: Or it's a current zoning, which -- or current allocation at the three; correct? The low density? Canning: That's what the Comprehensive Plan states, Mayor, but the zoning being proposed is R-8, which has -- allows up to eight dwelling units per acre. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Anna, that's Lot 13, Block 1? Canning: Yes, sir. Bird: Before we close the public hearings, if we was to change that to R-4, does that have any problem with the applicant? De Weerd: No. Bird: Come up and say it. De Weerd: I believe that's what he said in his testimony. We will get confirmation, since Councilman Bird asked the question. Meridian City Council Special Meetin~ • November 8, 2006 Page 20 of 44 Elg: R-4 zoning would be fine. If it wouldn't delay the application or anything, if we just have to -- I assume it's just -- Madam Mayor and Anna, if it's just a matter of submitting a new legal description and we can -- we can handle that as well. De Weerd: Okay. Thank you. Okay. Council? Rountree: Madam Mayor, if there is no further discussion, I move that we close the Public Hearings on Items 13 and 14. Bird: Second. De Weerd: Okay. I have a motion and a second to close the public hearings on Items 13 and 14. All those in favor say aye. All ayes. Motion carved. MOTION CARRIED: ALL AYES. De Weerd: Okay. If there is no discussion -- is there? I would entertain a motion. Rountree: Madam Mayor, I move that we approve Item 13, AZ 06-041, with the stipulation that Lot 13 of Block 1 be annexed and zoned as an R-4. Bird: Second. De Weerd: Okay. I have a motion and a second to approve Item 13, with the change as noted. Any discussion? Okay. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 14. Rountree: Madam Mayor, I move that we approve Item 14, PP 06-042. Bird: Second. De Weerd: Okay. I have a motion and a second to approve Item 14. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 15: Public Hearing: AZ 06-032 Request for Annexation and Zoning of 29.31 acres from RUT to an R-8 zone for Triloav Subdivision by Conger Meridian City Council Special Meetin~ November 8, 2006 Page 21 of 44 Management Group -south side of Chinden Boulevard and east of Black Cat Road: Item 16: Public Hearing: PP 06-032 Request for Preliminary Plat approval of 148 single-family lots and 14 common /other lots including 2 private street lots on 28.17 acres in a proposed R-8 zone for Trilogy Subdivision by Conger Management Group De Weerd: Thank you. Items 15 and 16 are public hearings on AZ 06-032 and PP 06- 032. I will open these two public hearings with staff comments. Canning: Madam Mayor, Members of the Council, this is the Triolgy Project. It's located on the south side Chinden Boulevard approximately 250 feet east of Black Cat Road. You will recognize some of its neighbors. You have Bainbridge Subdivision to the east and Keego Springs to the south. The applications before you tonight are annexation and zoning and preliminary plat. The project is -- well, the area is, actually, part of an existing subdivision called Rambo Subdivision. It was acounty-approved, non-farm subdivision. This is, in fact, the deed restricted open space lot. So it's Lot 2, Block 1, of Rambo Subdivision. The applicant is proposing 145 single family residential lots, 12 common lots, and four private street lots and one future right of way. The lot sizes range from 4,000 square feet to 9,200 square feet and the average lot size is approximately 5,000 square feet. You will notice some other things. They have provided ITD with the requested right of way and I'm sure the applicant will go through the different varieties of housing types, so I will leave that to him, that are being proposed on the site. The gross residential density is 5.1 units per acre and we have added some DA requirements. One of them being that access to Chinden Boulevard shall be prohibited from this site and they aren't proposing any. The applicant shall be required to dedicate the right of way, construct the landscaping and pathway and noise mitigation along Chinden Boulevard as required by ITD and the City of Meridian. The applicant should dedicate right of way in accordance with ITD's requirements to allow for future highway expansion, so that's a hundred feet from center line is proposed. Until secondary access can be provided to the site, the Meridian fire department is limiting residential construction to 50 units. They do have a stub street from Keego Springs and a stub street into Paramount and, then, they have access to an existing street into the subdivision. De Weerd: Is that Bainbridge and not Paramount? Canning: I'm sorry. Bainbridge. De Weerd: Okay. Thank you. Canning: One large David Turnbull project versus another. I'm sorry. I do have some elevations. These are attached units. I'll just kind of go through those and, then, I'm sure the applicant will spend more time on those. The Commission has recommended approval at their October 5th Public Hearing. Dave McKinnon spoke in favor of the Meridian City Council Special Meetin~ November 8, 2006 Page 22 of 44 application. There was no one in opposition or commenting and no written testimony received. The key issues of discussion were the sidewalk and asphalt improvements along Ramblin Court and the location of Sweitzer Avenue, so the adjacent property can use it effectively. The key Commission changes to staffs recommendation were that they did require the applicant to road trust for the sidewalk on Ramblin Court east of Sweitzer Avenue. This is Ramblin Court coming into the -- they had to road trust for the sidewalk going this short distance east before it goes down toward the cul-de-sac. And widen the pavement to at least 30 feet west of Sweitzer Avenue. So, this portion here. The key Commission -- oh, I already said that. The outstanding issues for Council -- the revised landscape plan now shows a large storm water retention pond in Lot 8, Block 5. It wasn't consistent with their previously shown landscape plan. So, we just want to make sure that the applicant in their testimony explains what is their percentage of open space, because the drainage lot will not count, unless it meets certain qualifications. So, we just want to make sure we have an accurate representation of what the open space is. Also, we want to make sure on this west property line that the applicant is actually constructing the roadway there. We have been told several times that they are, but none of the drawings really show it to make it clear. So, we just want them to go on the record to state that that right of way does actually go to the adjoining property and the importance of that is this adjoining property, we have talked to them in pre-apps before and once you provide the necessary buffers from Chinden and from Black Cat there is very little developable area and we wanted to make sure that they would be able to basically connect to the Sweitzer Avenue coming into the property and take advantage of that, because there is no room to put a roadway on their property. And with that I can answer any questions that the Council may have and I know this is a little bit more density than you have seen in awhile. We have seen a lot of -- a fair amount of larger lots, but I want to point out some -this -- we do have surrounding properties here. This is one of the last in this area to actually come in. We have Volterra that took up most of the southern portion of this section, although this has not come in for specific approvals, it is held by Brighton Corporation for future development. So, this really is one of the last remaining pieces. It is up against Chinden. It is shown as residential on the Comprehensive Plan and that's what they are working with. So, staff has been supportive of working with the applicant. It's a challenging site and they are introducing some new product types for your consideration tonight. And with that I will stop. De Weerd: Thank you, Anna. Any questions? Yes, Mr. Rountree. Rountree: Madam Mayor. Anna, what are the lot sizes on the southern border adjacent to the county sub? Canning: Where it adjoins most of the county sub they have done their larger lots. That's through here. I believe there is one -this is Keego Springs in this area, so the lot sizes there range from 9,000 -- that's Keego Springs. They are generally in the 8,000 to 9,000 square foot range. Rountree: And what's --there appears to be a larger lot along Chinden. Is that for -- Meridian City Council Special Meetin~ November 8, 2006 Page 23 of 44 Canning: That's not part of this subdivision. That's the property that we are anxious to make sure that they get a full length of right of way along their property. The adjoining property. Rountree: I'm talking about Chinden, not -- Bird: Talking about Chinden, not Black Cat. Rountree: --Black Cat. Canning: Oh. This property up here? Rountree: Right. Canning: Or this up here? That's the landscape buffer. Rountree: Okay. That's the landscape and that includes a noise berm? Canning: Yes. Rountree: Thank you. Canning: Sure. De Weerd: What side is that path on, Anna? Canning: Is it -- you mean which side of the -- De Weerd: The hill. Canning: -- the noise wall is it on? De Weerd: Yes. Canning: You will have to ask the applicant. I'm not sure. De Weerd: Any other questions from Council? Bird: I have none. Rountree: I have none. De Weerd: Okay. Is the applicant here? If you will, please, state your name and address for the record. Meridian City Council Special Meetin~ November 8, 2006 Page 24 of 44 McKinnon: Thank you, Madam Mayor, Members of the Council. Dave McKinnon, 735 South Crosstimber. I'll just go ahead and jump right in where Anna left off. Talk just really quickly with you about the issues that she brought up that may be issues that are outstanding. Just to address your concerns, Councilman Rountree, for giving that -- if you can go back one slide, Anna. This lot right here I think is the one you were asking about, Councilman Rountree. Rountree: Uh-huh. McKinnon: Basically 60 feet that will be for future right of way. ITD can't purchase it right now; they don't have the funds for that. They have asked for a hundred feet from center line of Chinden. They have got 40 feet now, and an additional 60 feet, it gives them a hundred feet from center line. So, in the future -- it's set aside for future right of way. Beyond that, to the south of that is a 35 foot wide landscape buffer. The ten foot wide pathway that's required be placed on the highway side, so I can be continuous all the way down through along the highway, rather than going from subdivision to subdivision to be broken in between. The issue that Anna brought up with the pond -- I have handed out some handouts so you can see where the pond is located. It's in the central lot. And, Anna, if you can fall forward a couple slides. I guess backwards. I'm not sure the presentation. There you go. That's fine. It's not a storm drainage pond. I think there may be some confusion between the staff and myself. This is not a storm drainage pond. What it is, actually, is an irrigation pond. This site currently has irrigation water that runs up the eastern boundary and, then, runs along Chinden Boulevard -- there is a waste ditch that runs through here and it feeds into a pond in this location right now. That pond has a pump in it. There is also an irrigation ditch that runs along the southern boundary north, just follows the little jigsaw here and, then, runs down the property boundary and also feeds the pond. There is not enough irrigation water in acre inches for this to be set up with pressured irrigation on a rotational basis, therefore, there is a need for an irrigation pond. So, it's very similar to the irrigation ponds you see in Paramount Subdivision. Very different from the drainage ponds and a wastewater pond. There will be a pump in there. Aeration as well. We also tried to amenitize that lot. We have put pathways around it and as you can see in the site plan that you have in front of you, in addition to the landscape plan we have gone ahead and put pathways around it, some seating areas, a seating trellis, so we have tried to amenitize it and make it into something that's actually a nice benefit to the community, rather than making it into a place where we would be storing storm drainage. The other issue that Anna brought up has to deal with Sweitzer Avenue right here. And the thought -- and she wanted me to clarify, again, for one more time, rather than leave an unfinished edge and do a half plus 12 roadway, like you typically would do adjacent to a lot that's not developing, we have decided that we will go ahead and finish this off with a rolled curb and an full curb, gutter, sidewalk section the full width of the road. And so the drafter got a little over excited here and he put in the full width. Typically you see a two foot behind sidewalk for right of way, so he put in the sidewalk and behind that you can see there is a little bit of a bump out there. There is no intention to do that. We are building the full right of way section, so there will be a sidewalk, rolled curb, so that when this property redevelops in the future they will be able to take access directly from Meridian City Council Special Meeti~ • November S, 2006 Page 25 of 44 this. There will be no spite strip between that, so I just want to get that clarified right away, so there is no other concerns with that. I apologize for the misunderstanding with the storm drain -- it's not a storm drain, the irrigation pond, you know, something that came up and we walked the site with Nathan Draper from Settler's Irrigation and, then, it was one of the things that we knew we would have to keep. With that we added that to it. When we met with your Planning and Zoning Commission they were given the same drawings that you have in front of you and at that time it was intended to be shown as part of the landscape plan. Now, Anna, if you can go back to the beginning of the presentation and go down to -- show you how we got to the point we are at now. As Anna pointed out, this is a somewhat difficult lot. It's rectangular shaped, it's not triangular shaped, it's odd shaped. We have some restrictions to it. We have two stub streets that currently don't exist. Keego Springs is not built; Bainbridge is not built at this time. But we do know where those locations are, so we have designed around those locations. We recognize that Chinden Boulevard is a type four highway, it's access restricted, the only access to Chinden Boulevard will be through Bainbridge Subdivision at their collector street, so we have no access at Chinden Boulevard. Without an access here, access there, we are left with an access coming in off of Ramblin. So, we decided to look at these access issues and tried to figure out what kind of design would look -- would work well in this area. Once we started playing with the accesses and got a feel for that, we went to the Comprehensive Plan. Your Comprehensive Plan shows this property as medium density, three to eight units per acre. So, we knew what our parameters were for density. And, then, we looked at the surrounding subdivisions, Bainbridge Subdivision, Volterra Subdivision, Keego Springs. To the north we have Tree Farm Subdivision that's recently been annexed and the plat is coming to you soon. All very good developments and we said it looks like we already have a lot of large lots in this area, we recognize that we are right on a transportation corridor, Tree Farm will even have a commercial component to that, and in the old Comprehensive Plan this is shown as part of a neighborhood center to have some increased density in this area. So, we felt that this would be the appropriate type of use in this area. We are excited to be a part of this developing area in the future. Within those subdivisions is a commercial component in Tree Farm. We went and talked with Wendell Bigham after all the discussions that he had and during the discussions he had with Keego Springs to find out about a school site or a need for the school, the school superintendent and Wendell told us that they have met their needs for a school in this area through Keego Springs. I talked with your parks director and he said that he's worked with Bainbridge to have the park in this area. So, we have a lot of the components for a larger community here, so we have got some mixed use in this area and this would fit in well with that. So, we decided to put in a mix of residential components. Anna, if you can go to the next slide. I think it's one more. We decided to do something that you pointed out, Commissioner -- Councilman Rountree. We put the larger lots surrounding the subdivision and the reason that we did that is we recognize from the minutes that -- from the meeting that you had with Keego Springs that it was important to have large next to large. We, actually, only bound on to two properties, the property owner that we purchased from and the property owner to the south of Mr. Lawson, the Brown's property, we placed all of our large lots there. But in order to reach the density that we would like to do, we felt that we would have to do a different Meridian City Council Special Meetin~ November 8, 2006 Page 26 of 44 type of product to the north of that, rather than put small skinny houses across the street from larger houses on larger lots, we decided to do a paired housing product. And that's to try to keep the scale when you drive down the street. So, instead of seeing really small houses across from big houses, you can see that those elevations that we showed earlier -- and, Anna, if you can go to those elevations really quick. Rather than have a large three car garage house facing a skinny narrow house lot, we have paired them together so there is a sense of scale and scope between the two. And so we have devised some different floor plans that you can mix and match. There is three different floor plans. There is unit A, C, and B, and you can mix and match those together and they have a different frontage, a different type of feel for it. We have got the entrances off to the sides and we have got the garages in the middle to try to separate some of the living area. If you can go back one more again, Anna. Great. We put large landscape buffers coming in, large landscaped areas in this location. Large landscape in the middle. We have talked about the pond already. Another large landscape buffer at that location. Then we went and looked at this area. We have -- this is our large area we could look at. The property along the north side, the property along the eastern side. Five thousand square foot lots. A standard size lot. And, then, in the interior we did an alley-loaded product, with a narrower house brought up closer to the street and in the middle we have a MEWs or an open space fronting lot. This open space in the middle, it's approximately 90 feet wide and so all the houses will, actually, front onto that. If you can -- if you have still got the rendering in front of you, you can see that we put some trellis structures -- do you have that slide, Anna? Canning: I'm not sure I do. Hold on. McKinnon: You can stop right there. This is a project -- I believe this is in Denver. This was a similar type of design that we were thinking of. Trellis structures at all the entrances to that 90 foot wide area. It frames in the open space. You can see that these all actually open onto a central courtyard type area space and the trellis structures that serve to frame in that area, show this is open space and it's something different from the rest of the subdivision to be used for open space within the subdivision. Also, Anna, if you can flip on back a couple more slides. Come on back to the aerial, I guess. Canning: That aerial? McKinnon: Perfect. We have added some parking on the interior. Originally when we brought this to your staff, your staffs been really instrumental in helping us with this. We originally had these running the full length without a road down through the middle and in talking with your fire department, police department, and your staff, they felt that it would probably be more appropriate if we broke it down the middle, so that instead of somebody that wanted to visit someone here, instead of having them park out on the road and, then, have to walk down through to a central location. We could place the parking in the middle if this distance was cut in half. We are dealing with lanes or alleys, private roads through here. These are the four private road areas throughout the subdivision. Down below, again, paired housing. This small area here was, basically, a 300-by-300 foot square. We sat down with your planning director and we tried a bunch Meridian City Council Special MeeU~ November 8, 2006 Page 27 of 44 of different options there and this is what we ended up with. We ended up with an open space area, a full 29 foot street section here, instead of a one way is what we had originally had planned. And some parking on the interior, because we recognize that there would be very little parking in this area. We actually agree with all the conditions of approval that your staff placed upon this -- upon this subdivision. We agree with the Commission's recommendations for approval. The one that -- the item that was brought up at the hearing -- if you can go back down to the slides that showed the area that had to deal with sidewalk and just leave it right there. The actual right of way for Ramblin is actually back by this ditch. All of this area is in the right of way. When Rambo Subdivision was developed this landscaping was installed in the right of way, no sidewalks were required. This road is approximately 29 feet wide. In the future when we bring sewer down from Black Cat into the subdivision we will widen out the road, so it's basically a foot wider and we can have sidewalks down through here. Basically about where the big pine tree is. At the P&Z Commission meeting they said they didn't see a need for that at this point or to take out the landscaping and they said we could bond for that with ACRD and we have no problem bonding for it or building the sidewalk at that location. We are happy to take over the license agreement for maintaining the open space and to maintain the landscaping, redo the imgation to make that work. So, we are in agreement with the conditions of approval and ask if you have any questions of us at this time. De Weerd: Council, do you have any questions? Bird: I have none. Rountree: Madam Mayor, I have a question. De Weerd: Yes. Rountree: So, Mr. McKinnon, there is a license agreement with the existing subdivision for maintenance of this? McKinnon: A license agreement would be with ACHD to plant in their right of way. Rountree: Okay. McKinnon: And we would take that over. Rountree: The homeowners association maintains this currently? McKinnon: Yeah. The homeowners association maintains that right now and they are, actually, getting irrigation from a domestic well within the subdivision and so we would cut those lines and go ahead and hook that up to our pressurized irrigation system that we are installing. De Weerd: Okay. Anything else, Council? Meridian City Council Special Meetin~ November 8, 2006 Page 28 of 44 Bird: I have none. De Weerd: Okay. Thank you. McKinnon: Thank you. De Weerd: Okay. This is a Public Hearing. Is there anyone who would like to provide testimony? Good evening. If you will, please, state your name and address for the record. Brown: Angela Brown, 4595 West Ramblin Court. De Weerd: Thank you. Brown: So, as part of one of the owners in the Rambo Subdivision we have been talking with Dave about -- at first we were much against having a road come in and accessing our subdivision, just because we had all come in purchasing -- there is five houses in our subdivision. We are on a dead end road right now, very limited traffic. So, we had actually been to the Planning and Zoning meeting and we have had several people speak about it and disagree that we did not want them to come into our subdivision. However, with that being said, if they do get temporary access there, we have asked Dave to work with us on creating a very nice formal entry with landscaping, taking over what we do have as common area and, basically, putting in a nice entryway, putting in a sidewalk for us here on this north side and he had talked about the sidewalk from the pine tree up to their entrance. If it could be continued on the other side or at least the nice landscaping could continue the full length to where we would meet up with Black Cat Road, because, basically, once they come in and create that entry, they cut off our irrigation and everything we have been doing to maintain it. So, rather than let it go, then, you know, we just said make it pretty. If you are going to come in and be part of our lane and add all this traffic, make it a formal entry onto our road, take over the common area, and make it look nice. Add some trees, help give us kind of a buffer to what the subdivision is going to be doing. Also along that my lot is down at the end of the street in the southeast comer and I had talked to Dave as well, because we have a berm in our backyard going up to where his subdivision is going to be, I just ask that when they put the fence in there, if they can at least match up to our berm height, so that the fence is a true six foot fence. De Weerd: Anna, can you put the plat up there so she can point out which one is hers? Brown: Where am I here? Oh. And, then, I have to team how to control the pen, right. This one here. De Weerd: Oh. Okay. Thank you. Brown: And that's pretty much my comments for -- Meridian City Council Special Meetin~ November 8, 2006 Page 29 of 44 De Weerd: Thank you. Council, any questions? Bird: I have none. De Weerd: Okay. Thank you. Okay. Camco: If you could pull the picture back up of Ramblin Court. De Weerd: Sir, if you can state your name and address. Carrico: Excuse me. Brian Carrico. 4685 Ramblin Court. De Weerd: Thank you. Carrico: I'm song. Canning: Sir, I didn't hear what you wanted. Carrico: The landscape you showed in front where the -- Canning: Okay. Carrico: First of all, my biggest problem is that the entryway they are putting isn't 250 feet, it's 220 feet from Black Cat and it gives you room to stack up ten cars from the subdivision on out to Black Cat and from Black Cat -- or from Ramblin to Chinden there is 660 feet. That gives you room for about another 35 cars. So, they are going to run a thousand cars in and out of this subdivision a day and that doesn't really give you any room to run the cars in and out. We are going to have a thousand cars a day running into our mail boxes. They come right into our house. Besides the density, they have -- you know, they are spending all this money -- Dave presented a great presentation, you know, the subdivision looks really nice and stuff, but if they are going to spend this much money on giving a privacy border, a noise border on Chinden to the new houses, why can't we at least get some kind of border in this area and where the entrance comes in is about 20 feet this side of that sign and down to the pine tree, on the other side of the pine tree, there is already a berm built with pine trees in it. If nothing else, besides what Angie said, if we can't get a decent entryway, why can't we at least have a nice border put up along there or use this only for an emergency access, which was what we were told originally was that exit would just be for an emergency, they weren't going to use it for their main exit for their subdivision, now that they decided since they can only build 50 houses until they get the other infrastructure built in, they want to do this to us. I mean it actually -- it just destroys our lives. It really does. De Weerd: Okay. Council, any questions? Bird: I have none. Meridian City Council Special Meetin~ November 8, 2006 Page 30 of 44 Rountree: None. De Weerd: Okay. Thank you, sir. Janicek: Brad Janicek. 4325 West Chinden Boulevard. De Weerd: Thank you. Janicek: Madam Mayor, City Council. Hi, Anna, how are you doing? Canning: Just fine. Janicek: Can you put the overhead up? Yeah. That's the one. How do you tum this on? I have got this house right here in the comer and I'm, basically, not opposed to Trilogy Subdivision. I don't have any problem with it. I just think that there is some housecleaning that needs to be done before it gets approved and I'm asking for city water and city sewer stub outs for my house here, just to make sure the irrigation is right. De Weerd: Okay. Is that all? Janicek: End of story. De Weerd: Well, thank you. Any questions from Council? Bird: I have none. Rountree: I have none. De Weerd: Okay. Thank you. Any further testimony? Yes, please. M. Camco: Margaret Carrico, 4684 Ramblin Court. De Weerd: Thank you. M. Carrico: My question is we haven't seen any pictures of the actual entrance there to the subdivision from our -- from Ramblin Court. Since it's right across the street from my house I was just curious if they had any, you know, draw-up plans or something that we could see -- you know, is it just going to be a plan road in and out -- you know, you just see these really lovely entrances to subdivisions these days and, you know, are we just going to get a plain stub street, basically, into that or, you know, anice -- something -- if I have to look at it, you know -- Meridian City Council Special Meetin~ November 8, 2006 Page 31 of 44 De Weerd: We will ask the applicant to answer that for you. Okay. Is there any further questions or testimony before we ask the applicant to come up and answer some of the questions that have been asked? Canning: Madam Mayor? De Weerd: Yes, Anna. Canning: I would like to comment on why staff has not required the applicant to provide sewer and water stub to Mr. Janicek. It's always a little difficult to say this in a Public Hearing, but Mr. Janicek's house, unfortunately, sits within future right of way and it would be our anticipation that once ITD finishes their Highway 20-26 corridor study, that this would likely be one of the properties that would have to be bought in full to complete their road widening project. You can see a this is the full extent of his property, I believe. It's just this little comer piece and his house sits about right there. So, in anticipation that ITD would be purchasing that property at some time in the future, we did not see the need to extend city water and sewer services there. De Weerd: Okay. Thank you, Anna. Any questions, Council? Bird: Not at this time. De Weerd: Okay. Dave. If you will restate your name for the record. McKinnon: Dave McKinnon, 736 South Crosstimber. I guess I better start with Margaret's question first. About the entry. And we are more than happy to work with the Camcos on the entry there. And what we have tried to do is to provide a generous landscape buffer on this side, which is the side that we actually have a bunch of control over. In addition to that, we are happy to plant additional trees and to make this area more attractive. We don't have a drawing showing a perspective of the entrance right now. We have an island as well down through the middle of it to create a visual break in there, so it's not just the standard stub street, so it actually feels like there is an entrance as you come in and there would be signage as well in this location to say that this is what's happening here. We got into a difficult situation. I decided to spare you the long and drawn out story of our attempts with ACHD to get additional access to the site. We did have a meeting with ACHD -- I think that's what -- I think that's what Mrs. Brown was talking about how they came and testified. There was testimony at ACHD and they didn't want us to take access off this public road. It is our only public road access and as Ron pointed out, we only have the ability to do the first 50 homes off of the single access until our additional access is provided for our stub streets. We tried very hard to work with this property when it was under contract with another developer to try to gain access to Black Cat. We worked with ACHD and they wouldn't let us have access out onto Black Cat. Your staff has been very -- I guess influential is the right word in telling us that this is where the road needs to be, so that this property can redevelop in the future. Our original intent was not to have it at this location. We originally wanted to come in off of Black Cat with a road coming through and coming Meridian City Council Special Meeting` November 8, 2006 Page 32 of 44 here. It didn't work. ACHD wouldn't let us do it, that's why we are at with this. It's in reverse order from the rest of the testimony that was brought up tonight and offer rebuttal. Did meet with Mr. Janicek today out at his property. We talked about how his property is currently on a well and septic and that the only way we could get water and sewer to them is to possibly do an easement up through the side of this lot. I talked with Len Grady, your city engineer, and he felt that would be an appropriate way to do that is through an easement, if there is a need for that. Mr. Janicek has not asked for annexation at this time, no services have been offered by the city, but we can make an easement available to him at this time, if that's one way you would like to handle that. That's something that Len brought up to me tonight. I already addressed most of Ron's comments. We understand where Ron's coming from. This is a big change. This was a five lot subdivision. The non-farm subdivisions are always difficult. If we would have come in four years ago before Chinden Boulevard was classified as a type four roadway back in 2002, there may have been a possibility of getting an additional access. I can't say that that's necessarily a better solution. We are trying to limit the access on those highways to be able to continue to move traffic. So, what we are trying to do is we will work on the entrance here to make this a very appropriate entrance for this subdivision. The full vehicle trips for this entire subdivision we don't anticipate to be using this subdivision -- this access in the future. We would believe it would go through Bainbridge, as well as Keego Springs in the future, because not all accesses will go out to Black Cat at this location. Talked about Mrs. Brown's comment. Angela made some good comments. We are more than happy to take that buffer on, like I stated earlier, and we will take over that landscape area and the license agreement. We will do some additional landscaping and planting and at your wish we are more than happy to either install the sidewalk or go ahead and continue bonding for it at this time. At this time I would ask if you have any questions of me and ask for your approval and thank the staff, neighbors, and yourself for the time you have given us. De Weerd: Council? Yes, Mr. Rountree. Rountree: The drawings that we have are confusing in terms what the -- where the lots are in the subdivision versus where the right of way is. Is it a correct assumption that this block here is right of way? McKinnon: That's correct. Rountree: Or is that part of a lot? McKinnon: Councilman Rountree, that's correct, that's right of way. Rountree: Separate right of way lot. In this area here as well? McKinnon: That's, again, right of way. The road's offset to the south. Rountree: That's right of way. Meridian City Council Special Meetin~ • November 8, 2006 Page 33 of 44 McKinnon: The asphalt section is offset to the south. Rountree: And what you're saying is that you're willing to improve or expand the landscaping in this area and maintain it as part of the entryway into this? McKinnon: Yes, sir. In addition to that, we would be maintaining this part. Rountree: And, likewise, on this lot of right of way, easy to say, but has there been any discussion with ACRD on the license agreement to do the expanded work in those areas? McKinnon: I haven't had any discussion until it was brought up to us tonight before the meeting. We are happy to do it and to maintain it. We have talked about taking over this landscaping and this right of way. It was brought up at the ACHD hearing. It's one of those things that we agreed that that's something that we would be willing to take over, maintenance of the right of way. We just -- you know, we found out that this is all being serviced off of an individual well and we -- if we have to cut that for doing the additional improvements out here -- it's actually running through a culvert through here underneath the road and that serves that. So, if we cut it up here we'd have to maintain it down here as well. I guess Gary's here tonight in the audience, if you have -- would you have a problem with the additional landscaping? If I can address -- Rountree: We will ask him that. McKinnon: Okay. De Weerd: Yeah. Did that answer your question as far as the applicant is concerned, Mr. Rountree? Rountree: Yes. De Weerd: Okay. Any other questions? Mr. Wardle. Wardle: Madam Anna, could you go to the elevations of the attached units? The first comment, Dave. On my time on the Council I haven't seen an attached unit that I have been found of. However, I like what you're doing here. My question is -- is how does the ownership work on that? Is it a common ownership? What -- I mean tell me how that -- I guess that works. McKinnon: It's similar to a townhome type ownership. You do have some shared roof lines and so it's handled in an agreement. It's a zero lot line building. There are party walls that run up through. So, it's, essentially, a townhouse and it would have the same townhouse agreements. De Weerd: Any other questions? Meridian City Council Special Meetin~ November 8, 2006 Page 34 of 44 Rountree: Madam Mayor, I have a question for Gary, not Dave. De Weerd: Okay. We will ask Gary to come up and let you come back for comment. Canning: Madam Mayor, while Gary is making his way up there, it sounded from previous testimony as if your recommendations are incorrect as to what the summary of the Public Hearing was with regard to comments from other folks. Right now it says no one testified. When you make a motion if you could just direct staff to correct the findings with regard to written testimony I would appreciate that. That didn't make sense, I -- all right. We'll let Gary talk and, then, I'll try to explain it again. De Weerd: Okay. Inselman: Madam Mayor, Gary Inselman, representing ACHD, 3775 North Adams, Garden City. De Weerd: Thank you. Rountree: Madam Mayor, just to repeat my question, what's the likelihood of ACHD entering into a license agreement for the proposed landscaping or possibility of landscaping at the entry here? Inselman: Councilman Rountree, we would entertain a license agreement for landscaping within the right of way. The exact nature of the landscaping we'd have to review in relation to the future curb, gutter, and sidewalk lines. We certainly don't want extensive landscaping that will be ripped out a few years later when that vacant parcel redevelops. That's a false expectation for the neighbors. Rountree: Thank you. De Weerd: Okay. Dave? So, as I understand it, then, you're open to doing the improvements along that road and putting in a more formal entry? McKinnon: That's correct. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: And you also quoted that you would give an easement to Mr. Janicek's property? McKinnon: We can create an easement for that. De Weerd: Okay. Any other questions from Council? Meridian City Council Special Meetin~ November S, 2006 Page 35 of 44 Bird: I have none. Rountree: I have none. De Weerd: Okay. Thank you. McKinnon: Thank you. De Weerd: Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Before we close the Public Hearing, let's see if we can get that mud clear on what Anna was -- Canning: Yeah. I can clear the mud entirely. Just rewind. Never mind. Everything is okay. Bird: Okay. With that, Mr. President, I'd move we close the public hearings on AZ 06- 032 and PP 06-032. Rountree: Second. Wardle: It's been moved and seconded to close the public hearings on Items 15 and 16. All in favor? MOTION CARRIED: ALL AYES. Bird: Mr. President? Wardle: Mr. Bird. Bird: I move that we approve AZ 06-032, for annexation and zoning of RUT to R-8 zone, Trilogy Subdivision, and to incorporate all staff, applicant, and public testimony and to change the Findings as noted. Borton: Second. Bird: Or do we don't have Findings. Wardle: I believe the -- Anna, the Findings were to -- or the restatement of the facts from the hearing was to include testimony written and oral testimony of Planning and Zoning Commission; is that correct? Meridian City Council Special Meetin~ November 8, 2006 Page 36 of 44 Canning: They are correct as they are written. I had thought that they were incorrect, but the applicant cleared the confusion for me, so we are -- they are okay -- Bird: I'll remove that last statement, then. Wardle: Second agrees? Borton: Second agrees. Canning: Mr. President, if I could ask the maker of the motion to clarify what provision he wants in the DA, if any. Bird: I beg your pardon? Canning: What provisions he might want in the -- I think that the DA provisions talked about today included landscaping to the east of the Sweitzer, landscaping -- Bird: That was all -- that was all included in public testimony and all was agreed to by the applicant. Yes. Canning: But I'm a little unclear as to what is desired on the west side of Sweitzer, because ACHD is not in favor of additional landscaping. So, I need some direction from Council on that and the Janicek parcel, if possible. Bird: The Janicek parcel is they have agreed to come up with an easement for -- as I understand was the testimony. And on the west side of Sweitzer -- I don't -- if they're not -- if ACHD don't want it, I mean that's fine with me. I hope it's fine with the second. I mean Idon't -- Wardle: Just to clarify it, we had testimony from ACRD that they would consider a license agreement if the location of curb, gutter and sidewalk and additional landscaping met their requirement. Bird: But that was just on Ramblin Court, not on Sweitzer. Not the one up on the west side. Canning: I misspoke. I mean Ramblin. I'm song. Bird: Oh, you meant Ramblin? Canning: Yes, sir. Sorry. Bird: Okay. Well, then, ACHD, yeah, they agreed to go to the licensing. Let's do her. I thought you said the west side of Sweitzer. Meridian City Council Special Meetin~ November 8, 2006 Page 37 of 44 Canning: I did. I was wrong. Wardle: Second agrees? Borton: Second agrees. Wardle: Second agrees. All right. Anna, are we clear? Canning: Yes. But just to recap, we are doing easements to Janicek on the east side of Ramblin Court. We are doing additional landscaping and a more formal entry. And on the west side of Ramblin Court it is whatever the license agreement is with ACHD. Bird: Yes. That's the maker of the motion's intent. Canning: Okay. Thank you, sir. Wardle: Mr. Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Wardle: Item 16? Bird: Mr. President? Wardle: Mr. Bird. Bird: I move we approve PP 06-032, preliminary plat for 148 single family lots and 14 common, for Trilogy Subdivision and to include all staff, applicant, and public testimony. Rountree: Second. Wardle: It's been moved and seconded to approve Item 16. Mr. Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 17: Public Hearing: VAR 06-023 Request for a Variance to UDC 11-2A-5 to allow the front setback to be reduced to ten feet from the back of sidewalk for porches and side loaded garages for all phases of Crossfeld Subdivision by Heron River Development, LLC - 955 West Ustick Road: Meridian City Council Special Meetin~ November 8, 2006 Page 38 of 44 De Weerd: Okay. Item 17 is a Public Hearing on VAR 06-023. Open the Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is a variance for the Crossfield Project. It's located south of Ustick, west of Venable Lane. The applicant is requesting a variance of the streetside building setback from 15 feet to living area and 20 feet to the garage, measured from the back of sidewalk. That's our current code in the R-8 zoning. And they are asking that the measurement be reduced to ten feet from the back of sidewalk, but only for porches and side-loaded garages. So, a unit that had a standard pull up garage would still have the full 20 feet, so that the car wouldn't be hanging over the sidewalk. Staff has recommended approval for this variance for, basically, three different reasons. One is when this Crossfield Subdivision originally went through, setbacks were measured from the property line. Now, this subdivision at the time, though, showed attached sidewalks. So, you have approved similar variances where they showed a detached sidewalk, we changed the code on them and we felt it was appropriate to grant the variance, because the code changed, not their plan. In this instance the plan actually changed. They went from attached sidewalks to swale with detached sidewalks. So, we do have a -- they were forced to go to the swale methodology, because of high ground water in the area. So, there is an environmental factor driving this and that was the high ground water. Thirdly, this -- what ends in a designated neighborhood center, but this project was approved I think a few months before we actually came up with the TN-R district. So, they didn't have that as an option available to them. The development that they had proposed is very consistent with the TN-R district and the setbacks they have proposed would have been consistent with the TN-R district, the ten foot setback to sidewalk for -- for properties that aren't taking direct garage access, so the side-loaded and the alley-loaded, basically. So, for those three reasons staff is recommending approval. We were able to make the Findings and make that recommendation to Council. We don't have elevations for you tonight. With regard to written testimony, we received an a-mail from Chris Brewer, who is the representative for the homeowners association south of here, stating that he chose not to submit written testimony, so you tell me if that's written testimony or not. We couldn't figure that one out, so -- we thought we would let you know about it in case it was. So, to our knowledge there are no outstanding issues before Council. De Weerd: Okay. Thank you. Any comments from Lieutenant Lavey? No? Okay. Thank you. Council, any questions? Bird: I have none. De Weerd: Okay. Is the applicant here? Atalla: Joe Atalla. 6223 North Discovery Way. Madam Mayor, Members of the Council, we have reviewed the staff report and we agree with everything that they have recommended. In short, we are requesting this variance, because we do feel it will be of benefit to the community of Crossfield and would encourage the builders in the Meridian City Council Special Meetinc~ November 8, 2006 Page 39 of 44 subdivision to provide more porches and bring the architecture in front of the garage more than they would typically. So, if you guys have any questions forme. De Weerd: Okay. Council, any questions? Bird: I have none. De Weerd: Okay. I don't see any. Thank you. This is a Public Hearing. Any public testimony on this application? Okay. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Seeing no further public testimony, I move we close the Public Hearing on Item 17. Borton: Second. De Weerd: I have a motion and a second to close the Public Hearing on Item 17. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Is there any discussion? Mr. Wardle? Wardle: Madam Mayor? De Weerd: Yes. Wardle: I move we approve Item 17, VAR 06-023. Borton: Second. De Weerd: Okay. We have a motion and a second to approve Item 17. If there is no discussion, roll call attendance, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 18: Public Hearing: VAC 06-013 Request for a Vacation of the public utility, drainage & irrigation easement common to Lots 26 & 27, Block 1 of Lochsa Falls Subdivision No. 6 by Wayne Barber - 1660 West Glad Creek Street and 3906 North Cougar Flat Avenue: Meridian Ciry Council Special Meetin~ • November 8, 2006 Page 40 of 44 De Weerd: Okay. Item 18 is Public Hearing VAC 06-013. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this project is in Lochsa Falls. It's a vacation request for Lots 26 and 27 in Block 1. And here are the two lots. They have recently gone through a lot line adjustment. As you can see in the darker line, the house was constructed in the wrong place, so they have done the required lot line adjustment. It's just that they are -- the house does encroach in the platted easements and so, therefore, it needs to -- the easement needs to be vacated, but the lot line adjustment does provide the new easement. To our knowledge there are no outstanding issues before Council. De Weerd: Thank you. Is the applicant here? Okay. Canning: Apparently not. De Weerd: Anna, have you heard any feedback on your comments or recommendation? Canning: No. We have all the required relinquishments, so there is no conditions of approval associated with this project. De Weerd: Okay. Council? Bird: Madam Mayor, is this a Public Hearing? De Weerd: It is a Public Hearing and I -- Bird: Does anybody want to testify? I think you ought to -- De Weerd: Oh, I'm sorry. I just asked for the applicant. Moulton: Madam Mayor, Councilmen, my name is Brad Moulton and I own property at 5940 North Linder Road and I just have one question on this easement vacation. Is this going to affect any of the irrigation flow -- this is just, basically, a lot line move, it's not affecting anything that's in the ground right now, not changing anything there, so my irrigation water isn't going to be flooding out on Linder Road, because somebody's dug up the ditch on their side? De Weerd: No. And if that were to happen they would have to fix it. Moulton: Thank you very much. De Weerd: Thank you. Okay. Any further testimony on this application? Seeing none Meridian City Council Special Meeting• • November S, 2006 Page 41 of 44 Wardle: Madam Mayor. De Weerd: Mr. Wardle. Wardle: Hearing no further testimony, I move we close the Public Hearing on Item 18. Borton: Second. De Weerd: Okay. We have a motion and second to close Item 18. All those in favor eye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Item -- yes, Mr. Wardle. Wardle: Madam Mayor? De Weerd: Yes. Wardle: I move we approve Item 18, VAC 06-013. Borton: Second. De Weerd: Okay. I have a motion and a second to approve Item 18. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 19: Ordinance No. 06-1272 AZ 05-056 Request for Annexation and Zoning of 6.08 acres from RUT to TN-R and 4.07 acres from RUT to C-C zone for Harks Cannon Creek Subdivision by JBS Enterprises, LLC -1845 West Franklin Road: Item 20: Ordinance No. 06-1273 RZ 06-006 Request for a Rezone of 6.82 acres from R-8 to R-15 zones for Cedar Springs Townhomes by John Flaherty Construction -south of West McMillan and west of North Meridian Road: De Weerd: Thank you. Item 19, Ordinance No. 06-1272 and, Item 20, 06-1273. Mr. Berg, will you, please, read these two ordinances by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 06-1272, an ordinance for annexation of property located in the west one half of the northeast one quarter of the northeast one quarter of Section 14, Township 3 North, Range 1 West, Meridian City Council Special Meeting' • November 8, 2006 Page 42 of 44 Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use classification of said lands from RUT to C-C and to TN-R, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Berg: Ordinance 06-1273, an ordinance finding that John Flaherty Construction, the owner of certain lands -- excuse me -- certain real property, has made a written request for rezone of the zoning classification for real property being situated in a portion of the west one half of the northeast quarter of Section 36, Township 4 North, Range 1 West, Meridian, Ada County, Idaho, as described in Attachment A of this ordinance and rezoning certain lands and territories situated in Ada County, Idaho, and within the corporate limits of the City of Meridian and rezoning the land use zoning classification of said lands from R-8 to R-15 in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Boise, the Ada County recorder, the Idaho State Tax Commission, as required by law and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. De Weerd: Thank you, Mr. Berg. You have heard these two ordinances read by title only. Is there anyone who would like to hear them read in their entirety? Seeing none - Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we approve Items 19 and 20 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Items 19 and 20. If there is no discussion, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Lieutenant Lavey, I know you have been highly entertained over there this evening, but I wondered if you could give Council an update on what happened earlier this morning out at Paramount Subdivision. You would need to speak into the microphone. Meridian City Council Special Meetin~ November 8, 2006 Page 43 of 44 Lavey: Are you talking about the construction accident that we had earlier? De Weerd: Yes. Please. Lavey: This morning Ada County received a 911 call of an incident that happened on a construction site. Apparently there were 15 trusses that were in place on a -- I believe it was a commercial building and there was a crane that was still operating there and a gust of wind came up and knocked one truss over and it became a domino effect and it trapped -- it knocked five guys off the building and it trapped five gentlemen underneath the trusses onto the ground and police, fire, and EMS had to, essentially, rescue them, they started a triage, and we ended up transporting five individuals with the use of three ambulances. No life-threatening injuries. There is going to be some broken bones and it is unknown if there is any internal-type injuries. There was one gentleman that was serious, but not life threatening. And a couple others that were able to walk on their own. It's currently being looked at by OSHA. They were on scene when we were there. De Weerd: Well, thank you. We thank your officers and the firefighters that helped them out. Thank you. Okay. Item 21: Executive Session per Idaho State Code 67-2345(1)(c) - (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency) and Idaho State Code 67-2345(1)(fl - (to consider and advise its legal representatives in pending litigation): De Weerd: Council, Item 21, is an Executive Session per Idaho State Code 67- 2345(1)(c). Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345 (1)(c) and (1)(fl• Rountree: Second. De Weerd: I have a motion and a second. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: De Weerd: I will entertain a motion to come out of Executive Session. Meridian City Council Special Meetin~ November 8, 2006 Page 44 of 44 Bird: So moved. Rountree: Second. De Weerd: A motion and a second. All those in favor say aye. MOTION CARRIED: ALL AYES. De Weerd: Motion to adjourn? Bird: So moved. Rountree: Second. De Weerd: All those in favor. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 10:12 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: e`es ~ ~ ~~ MAYOR MY DE WEERD \,,~~°®,~~ ~ ''o®,~DATE APPROVED ~ ~~ ; ~~~ - ~ STED• ';;/.~~ T ~s~ .~ 14q~4M G. B RG JR., Il ~ ~ ,, ~® /,/~~~~~~~~r~ioieo rs~~°0°°°a00~> • • November 3, 2006 MERIDIAN CITY COUNCIL MEETING November 8, 2006 APPLICANT ITEM NO. Jr-A REQUEST Approve Minutes of October 3, 2006 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the CNy of Mertdtan. • ! November 3, 2006 MERIDIAN CITY COUNCIL MEETING November 8, 2006 APPLICANT ITEM NO. J/'-B REQUEST Approve Minutes of October 10, 2006 Pre-Council Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Merldtan. CJ November 3, 2006 MERIDIAN CITY COUNCIL MEETING November 8, 2006 APPLICANT ITEM NO. S-C REQUEST Approve Minutes of October 10, 2006 City Council Regular Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cffy of Meridian. COMMENTS • November 3, 2006 MERIDIAN CITY COUNCIL MEETING November 8, 2006 APPLICANT ITEM NO. S-D REQUEST Approve Minutes of October 13, 2006 City Council Special Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: y~ 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 pubic meetings shall become properly of the City of Meridian. Novembef 3, 2006 PP 06-040 MERIDIAN CITY COUNCIL MEETING November 8, 2006 APPLICANT Valley Shepherd Church & Shepherd's Creek ITEM NO. 5-E REQUEST Findings for Approval -- Request for Preliminary Plat approval of 55 residential 7 common to#s & 1 other lot on 32.45 acres in an R-8 zone for Shepherd Creek --- Subdivision - 2475 South Meridian Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See athached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: Cf1Y 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: St Initials: _ Materials presented at pubUc meetings shall become properly of the CHy of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • J yr eft r~~ j~F#' ~'!~ ,b . ~. ~i~ h ~, irs.vrtc~ ,, ~, ~,~;~~~ In the Matter of Preliminary Plat approval of 55 single-family building lots, 7 common lots, and 1 church lot on 32.45 acres, in an ezisting R-8 zone, for Shepherd Creek Subdivision Case No(s).: PP-06-040 For the City Council Hearing Date of: October 24, 2006 (Findings approved on November 8th, 2006 agenda) A. Findings of Fact Hearing Facts (see attached Staff Report for the hearing date of October 24, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 24, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 24, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 24, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-06-040 - PAGE I of 4 ® • 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of October 24, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated May 2006 by Stanley Consultants Inc. is hereby conditionally approved; 2. The following modifications to site specific conditions were made at the City Council hearing: a. Requiring a Development Agreement in which the applicant agrees: 1. Construct an emergency access road into the residential portion of the subdivision, from Meridian Road (a collector roadway is not required). 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of October 24, 2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-06-040 -PAGE 2 of 4 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of October 24, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-06-040 -PAGE 3 of 4 By action of the City Council at its regular meeting held on the O ~ day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED__z~~ COUNCIL MEMBER JOE BORTON VOTED_ I J~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED__~~~ COUNCIL MEMBER KEITH BIRD VOTED G~I,riy-- TIE BREAKER MAYOR TAMMY de WEERD VOTED ~~ ~~~~~~ ~~~z~~ MAYOR T ~ ~~de WEERD '~® ATTEST: ``~ `~ ~ ~~~ ~ - ~~ WILLIAM G. BERG, JR., LERI~ ~ Copy served upon: / Applicant y~'A°°°°°i~~~~l' ~';+`+ts~'ei~`,• Planning Department"""" /~ Public Works Department . City Attorney By: Dated: f `'a't •Q~ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-06-040 -PAGE 4 of 4 CITY OF MERIDIAN PG DEPARTMENT STAFF REPORT FOR THE HATE OF OCTOBER 24, 2006 STAFF REPORT Hearing Date: 10/24/2006 TO: Mayor & City Council FROM: Caleb Hood Meridian Planning Department 884-5533 SUBJECT: Shepherd Creek Subdivision • PP-06-040 ~',r{ ~r r.F~wrs~ ~~~~i ~~t ,z ~~~. '~ ,./ ~{€. ~:~ ,_ Preliminary Plat of 55 single-family building lots, 7 common lots, and 1 church lot on 32.45 acres, in an existing R-8 zone. • MI-06-004 Miscellaneous request to modify the recorded Development Agreement for the Valley Shepherd Church of the Nazarene to allow a residential subdivision on church property. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, RMR Consulting, Inc., has applied for Preliminary Plat approval of 55 single-family residential lots, 7 common lots, and 1 church lot on 32.45 acres for Shepherd Creek Subdivision. Twenty of the 32 acres are to be retained and used by the Nazarene Church, and 12 acres are proposed for residential development. The Development Agreement (DA) in effect for this site restricts residential uses on this site. Therefore, the applicant has submitted a concurrent Miscellaneous application to modify the recorded DA to allow residential and church uses on the subject site. The site is located on the west side of Meridian Road, approximately % mile south of Overland Road. The subject properly is within the Urban Service Planning Area and within the current city limits (zoned R-8). This area has not been previously platted. 2. SUMMARY RECOMMENDATION The subject applications (PP-06-040 and MI-06-004) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis regarding the requested Preliminary Plat and Miscellaneous applications below. Generally, the Planning & Zoning Commission does not make a recommendation to the Council on DA modifications. However, because the recorded DA must be amended to allow a residential subdivision, both of the subject applications are being combined into one staff report. The Commission should make recommendations to the Council on both of the subject applications. Staff is recommending approval of the proposed DA modification and Preliminary Plat, subject to the plat being re-designed to comply with the R-4 (not R-8) dimensional standards and the construction of a collector roadway out to Meridian Road. Please see Sections 8 and 9 of the Staff Report for detailed analysis. These items were on the August 17 and September 21, 2006 Meridian Planning and Zoning Commission agendas. At the September 21 2006 public hearing they moved to recommend approval At the October 24, 06 Citv Co ncil_ meetLn~ the Council voted to anurove this nroiect a. Summary of Commission Public Hearing: i. In favor: Matt Schultz, Joel Hammer ii. In opposition: Kimberly Newell-LeMaster, Karen McGordon Shepherd Creek Subdivision PP-06-040 & MI-06-004 PAGE 1 CTI'Y OF MERIDIAN PG DEPARTMENT STAFF REPORT FOR THE HEATS OF OCTOBER 24, 2006 iii. Commenting: Leslie Madsen iv. Staffpresenting application: Caleb Hood v. Other staff commenting on application: Bill Nary b. Key Issues of Discussion by Commission: i. Need for a collector roadway out to Meridian Road; ii. Minimum house sizes; iii. Proposed lot sizes; iv. Transition in street sections and sidewalks between Bear Creek, Strada Bellissima and the subject development; and v. Traffic calming at some of the intersections. c. Key Commission Changes to Staff Recommendation: i. Leave all lots as proposed, currently zoned R-8 - no R-4. ii. Require at least a 1,400 squaze foot minimum house size in this development. iii. Require the landscaping, street, and sidewalk to transition into match the existing stub streets. d. Outstanding Issue(s) for City Council: i. The collector roadway connection to Meridian Road. ii. Use (recorded DA prohibits residential uses) and density proposed. Summary of City Counc'1 Public Hea 'n~: i. In favor: Matt Schultz. Rav Schild. Dennis Johnson ii. In o position: Hazold Cluff. Brian Forney. Tammy Cazlton. Andrea Puopolo. Iw Smith. Jessica Cason. Hailev Cason. and Cazolvn Smith iii. Commentinsr: Kevin Borsser iv. Written comments received: Troy Johnson. Tracy Tatem. Carolyn Smith Kimberly Newell LeMaster the Beaz Creek Homeowners Association (petition with approximately 234 sienatures.l. Michael and Shannon Stee~e. Patrick obinson. Tammy and Steve Carlson. Elizabeth Casey. Melissa and Chad Whipple. Lea McCurdio. Kelly James. Angela Kinniston. Van Hall. Jaeosh Orte a. Anders. Tennison. Perkins. Sapps. Hunnicutt. McBride. Amanda Olsen. v. Staff presentine application: Anna Cannin vi. Other staff commentine on application: None Kev Issues of Discussion by Council: i. Need for a collector roadway out to Meridian Road:_ ii. roposed lot sizes and density: and iii. Emereencv access. Kev Counci Changes to Co mission Reco mendation: i. Collector road out to Meridian Road is not required. but an emereencv access is. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers PP- 06-040 and MI-06-004 as presented in the Staff Report for the hearing date of October 24, 2006, 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 Numbers PP-06- 040 & MI-06-004 as presented during the public hearing on October 24, 2006, for the following reasons: (State specific reasons for denial of the development agreement modification and/or Shepherd Creek Subdivision PP-06-040 & MI-06-004 PAGE 2 CTI'Y OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE HEATE OF OCTOBER 24, 2006 preliminary plat request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers PP-06-040 & MI-06-004 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: West side of Meridian Road, approximately %z mile south of Overland Road / 2475 S. Meridian Road; Section 24, T3N, Rl W b. Owner: Shepherd's Creek, LLC 10286 Ustick Road Boise, ID 83704 Valley Shepherd Church of the Nazarene 831 N. Main Street Meridian, ID 83642 c. Applicant: RMR Consulting, Inc. 2127 S. Alaska Way Meridian, ID 83642 d. Representative: Matthew Schultz, RMR Consulting, Inc. e. Present Zoning: R-8 f. Present Comprehensive Plan Designation: Public/Quasi-Public g. Description of Applicant's Request: 1. Date of Preliminary Plat (attached in Exhibit A): May 5, 2006 2. Date of Landscape Plan (attached in Exhibit A): May 2006 (residential portion) & April 10, 2006 (church portion) h. Applicant's Statement/Justification: Our proposed preliminary plat of 1 Church Lot, 55 residential lots, and 7 common lots on 32.45 acres is consistent with the R-8 zoning ordinance and the existing zoning surrounding the subdivision (please see applicant's submittal letter). 5. PROCESS FACTS a. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. b. Miscellaneous applications are not currently addressed in Title 11 of the Meridian City Code. It has been determined by the City's Legal Department that a miscellaneous application to amend a recorded development agreement will in fact require a public hearing before the City Council. c. Newspaper notifications published on: July 31 and August 14, 2006 (Planning & Zoning Commission hearing), and October 2 and 16, 2006 (City Council hearing) Shepherd Creek Subdivision PP-06-040 & MI-06-004 PAGE 3 CITY OF MERIDIAN PG DEPARTMENT STAFF REPORT FOR THE HEATS OF OCTOBER 24, 2006 d. Radius notices mailed to properties within 300 feet on: July 21, 2006 (Planning & Zoning Commission hearing), and September 29, 2006 (City Council hearing) e. Applicant posted notice on site by: August 7, 2006 (Planning & Zoning Commission hearing), and October 14, 2006 (City Council hearing) 6. LAND USE a. Existing Land Use(s): Vacant land and a church. b. Description of Character of Surrounding Area: A mix of single-family residential and proposed office buildings. This azea is rapidly urbanizing. c. Adjacent Land Use and Zoning: 1. North: Single-family residential in Bear Creek Subdivision, zoned R-4 and R-8. 2. East: Meridian Road; Office/Commercial uses in the City and County, zoned L-O and RUT (Ada County). 3. South: Single-family residential and future offices in Strada Bellissima, zoned R-4 and L-O. 4. West: Single-family residential in Beaz Creek Subdivision, zoned R-4. d. History of Previous Actions: - On December 19, 2000 the City Council voted to annex this property into the City of Meridian with an R-8 zoning designation (AZ-00-018). - On February 22, 2001, a Development Agreement (DA) was recorded (Instrument # 101015259) for this property. Section 4, Uses Permitted b ty his Agreement, of said DA allows the construction and development of a church and amulti-purpose facility. Section 4 og es on to state: "No change in the uses specified in this Agreement shall be allowed without modification of this Agreement." - On August 14, 2003, an addendum to the DA was recorded (Instrument # 103137111) that slightly amended the Legal Description of the property subj ect to the DA. - On February 16, 2006 the City approved a Conditional Use Permit for the Valley Shepherd Church (CUP-OS-058). Condition of Approval B1.8 of CUP-OS-058 states: "If an~portion of the original 32 acre parcel and approximately 1.7 acres contained in Beaz Creek Subdivision is further divided then the entire 34.8 acre site shall be contained in a future plat." In the Analysis section of the Staff Report for CUP-OS-058, a provision for a future collector roadway connection to Meridian Road is discussed as a future condition of the subject preliminaryplat. - On May 8, 2006, a Certificate of Zoning Compliance permit was issued for the construction of a 45,575 squaze foot church on this site. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: There is sewer stubbed to this property from Bear Creek Subdivision, however those mains flow to a lift station that is not eligible to take any more sewage at this time. Location of water: There aze water stubs to this property from Bear Creek Subdivision to the west and north, and a stub to the south in Strada Bellisima. Shepherd Creek Subdivision PP-06-040 & MI-06-004 PAGE 4 CITY OF MERIDIAN PL.? DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF OCTOBER 24, 2006 Issues or concerns: 1.) This property is proposing to sewer to mains in Bear Creek which flow to the Bear Creek lift station. At this time the lift station is ineligible to take any additional flows. 2.) The need to stub a sewer service to parcel 88186120850 which is located along the southwest corner of the property. 2. Vegetation: Existing trees will be retained or relocated on site. 3. Flood plain: N/A 4. Canals/Ditches/Irrigation: The Hardin Drain courses through this site. All irrigation ditches, laterals and canals should be covered. 5. Hazards: See Analysis below. 6. Size of Property: 32.45 acres (20.45 acres for church, 12 acres for single-family homes) f. Subdivision Plat Information: 1. Residential Lots: 55 2. Non-residential Lots: 1 3. Total Building Lots: 56 4. Common Lots: 7 5. Other Lots: 0 6. Total Lots: 63 7. Residential Area: 12.0 acres 8. Gross Density: 4.58 units per acre (5.63 net density) 9. Lot Sizes: Lot sizes range from 5,092 square feet to 14,866 square feet. 42% of the lots range in size from 7,000 square feet to 14,866 square feet. 58% of the lots are smaller than 6,600 square feet. The average lot size is approximately 6,694 square feet. g. Landscaping: 1. Width of street buffer(s): The Future Land Use Map designates Meridian Road as an "Entryway Corridor." The UDC (Table 11-3B-7) requires a 35-foot wide street buffer adjacent to Entryway Corridors. The landscape plan proposes a 35-foot wide landscape buffer easement along Meridian Road. UDC Table 11-2A-4 requires a 20- foot wide landscape buffer adjacent to collector roadways. Although not required by the UDC, the applicant is proposing a 20-foot wide landscape street buffer between Kodiak Drive, a local street, and the existing homes in Bear Creek to the north. This proposal will keep the existing lots in Bear Creek from being double-fronted on public streets. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 0.78 acres (6.50 %) 4. Other landscaping standards: Landscaping adjacent to micro-paths should comply with UDC 11-3B-12. Common, open-space lots should include at least one deciduous shade tree per 8,000 square feet (iJDC 11-3G-3-E2). h. Summary of Proposed Streets and/or Access: Access to the residential portion of this development is proposed from three existing stub streets in Bear Creek and Strada Bellissima. Part of the previous discussions on this site revolved around a future collector roadway Shepherd Creek Subdivision PP-06-040 & MI-06-004 PAGE 5 CITY OF MERIDIAN P DEPARTMENT STAFF REPORT FOR THE FATE OF OCTOBER 24, 2006 connection through this site to Meridian Road. This site has frontage on Meridian Road, half way between Overland Road and Victory Road. At the request of the Planning Department, a "Disputed Collector Roadway" is conceptually shown on the submitted preliminary plat. The applicant is not proposing to construct this roadway, but staff has requested that this topic be a topic of discussion for the Commission and Council. NOTE: Staff has received comments from ITD and ACHD regarding this proiect. The ACHD Commission acted on this application access road would directly connect the residential portion of Shepherd Creek to Maestra Street which intersects Meridian Road at % mile north of Victory Road. The applicant has requested that the ACHD Commission reconsider their action and the Commission has agreed to do so. City Staff has also requested that ACHD reconsider their action of September 6`~, and allow, if not require the applicant to construct a public street to Meridian Road at the mid-mile location. Shepherd Creek will again be heard by the ACHD Commission on September 20t", one day before the Planning & Zoning Commission hearing. Staff will bring an update of the ACRD Commission's fmal action to the September 21St P&Z Commission public hearing. The comments staff has received from ITD state that they support the collector road connection at the half mile location, and future signalization at the location, as warranted, and as funding allows lease see letter from Sue Sullivan, Senior Planner, dated August 31, 2006. Staff is recommending that the proposed preliminary plat be modified by extending Kodiak Drive as a collector roadway out to Meridian Road. Please see below for further analysis. 7. COMMENTS MEETING On July 28, 2006, 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. S. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Public/Quasi-Public". Chapter VII of the Comprehensive Plan defines Public, Quasi-Public and Open Space as areas designated to preserve and protect existing private, municipal, state, and federal land for area residents and visitors. Theses areas include neighborhood, community, and urban parks. Government facilities, public and private schools, health care facilities, churches, utilities, park and recreational areas, and cemeteries are also considered public/quasi-public type uses. In 2004, the City approved Resolution No. 04-454, which amended Chapter VII, Section 1, of the Comprehensive Plan to include the following language regarding Public/Quasi-Public areas (underline added): "Upon redevelopment of such properties, a change in designation and use maX be appropriate the redevelopment of these areas should be iu~y the intensity of the existing use the underlyin zg onin og f the property the surrounding land uses the location of the property and transportation issues associated with the proposed development of the property. The appropriate land use designation and accompanyin zg oning for these areas will be determined by City Council on a case by case basis." Staff fords that if the church has deemed the 12 acres that is proposed for residential uses as surplus property, then a change in designation from Public/Quasi-Public is appropriate. However, based on the factors listed above, which are in the Comprehensive Plan for recommending such a change (existing land uses in the area, location, Shepherd Creek Subdivision PP-06-040 & MI-06-004 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF OCTOBER 24, 2006 transportation issues), Staff fmds that a development with R-4 densities is more appropriate than the R-8 density and lot sizes proposed. The 12 acres proposed for residential lots are currently vacant, but zoned R-8. The land uses surrounding this property are R-4 to the south and west, with the church and 32 homes in Bear Creek No. 6 to the north being zoned R-8. In December of 2000, when this property was approved for annexation by the City, City Code prohibited churches in the R-4 zone. The R-8 zone conditionally allowed churches. That is why this property was zoned R-8. Staff believes that it was not envisioned at the time of annexing this property that R-8 density and lot sizes would occur on any portion of the property owned by the Nazarene Church. To support this belief, the City required the church to enter into a Development Agreement stating that the annexation of the 35 acres was for a church and uses ancillary to the church only. Again, if the church now believes that some of their property is surplus, staff believes that it is better to allow that surplus area to develop than to just have the property sit vacant. However, staff recommends that if residential uses are allowed on this Qroperty then the lots should be similar to how a maiority of this area has developed, with R-4 densities. Staff believes that a residential use on the subject property is appropriate as the request is consistent with the intent of Resolution No. 04-454, if the Commission and Council fmds residential development is appropriate for this site. Urban and Residential Collectors: In Chapter VI of the Comprehensive Plan, under the Transportation section, the Plan states (underline added): "The transportation system's second tier is the collector system. Collectors are generally categorized as either urban or residential. Urban collectors are designed to carry higher volumes of traffic and (often seamlessly) connect one arterial to another through a given mile. They also may move at higher speeds than residential collectors. The latter are ically constructed b~private develops at the time of construction of a subdivision and have a more residential character. They may or may not connect through an entire mile section." This section goes on to state that the intersections of collector roads and arterial roads should be located at the %z mile point within any given section, and that collectors should extend 1n an essentially straight line for 200 feet to 400 feet from the intersection (of the arterial). Collectors serve as key transportation routes and link local roads with other collectors or arterials. Typically they provide direct service to residential areas, are two to three lanes, have right-of--way width between 60 and 66 feet, and may have parking (page 53, Chapter VI, June 2006 Comprehensive Plan). Based on the preceding Comprehensive Plan text and action items listed below, staff is recommending that a collector roadway be constructed to Meridian Road with the development of Shepherd Creek (please also see Sections 9 and 10 of the Staff Report for UDC policies regarding collector roadwa sy along State Hi Iways). The following Comprehensive Plan policies apply to this application (staff analysis in italics): Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands in the following manner: Shepherd Creek Subdivision PP-06-040 & MI-06-004 PAGE 7 CITY OF MERIDIAN PLANNIlQG DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF OCTOBER 24, 2006 • 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 (AChID) and the Idaho Transportation Department (ITD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VI, Goal II, Objective A, Action 3 -Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land-use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications comply with the policies listed in the literature noted above. • Chapter VI, Goal II, Objective A, Action 5 -Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. Staff is supportive of the proposed pedestrian connections to future adjacent subdivisions, via stub streets, and the micro path from the church to the residential portion of the subdivision. • Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential subdivision. Staff finds that the proposed developments to the west, north and south, as well as the church that is under construction on this site are all generally compatible with each other. However, the density of the proposed development is not consistent with how the rest of this area has developed. Staff is recommending that the plat be amended to show lots that are consistent with the R-8 zoning standards, and that a landscape buffer be provided between Bear Creek No. 6 to the north and the subject development (between the roadway and the existing homes.) • Chapter VII, Goal I, Objective D, Action 9 -Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. Shepherd Creek Subdivision PP-06-040 & MI-06-004 PAGE 8 CITY OF MERIDIAN PG DEPARTMENT STAFF REPORT FOR THE HEATE OF OCTOBER 24, 2006 Prior to house construction, fencing should be constructed around the perimeter of this site. Further, the applicant should be required to construct a 6 foot tall vinyl fence around the perimeter of this site that is not currently fenced, as proposed. • Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow (Chapter VI, Goal II, Objective A, Action 6) There are three stub streets provided to this property, two from Bear Creek and one from Strada Bellissima. The applicant is proposing to extend all three stub streets into this site. Staff is supportive of this proposal. To further enhance connectivity and traffic flow in this section, staff' is recommending that a collector roadwa~(Kodiak Drive) be constructed out to Meridian Road. If Kodiak Drive is constructed to intersect Meridian Road, then a signal may be constructed in the future between Victory Road and Overland Road. If Kodiak Drive is not constructed out to Meridian Road, then Staff believes that signalization in this mile stretch will never occur, and the City, ITD and ACID will be left with access to Meridian Road that does not comply with ITD's or the City's established standards. This impact will have a negative effect on traffic flows in the area. • Chapter VI, Goal II, Objective A, Action 13 -Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. As noted above, the applicant is connecting to local roads in the adjacent developments. Staff believes that there is a great opportunity for a collector roadway to be constructed through this site, providing better taff c flows in this area. The potential of a collector roadway on this site was previously discussed during the annexation and CUP approval for a church on this site. Staff believes that the requirement for a collector roadway on this site was previously discussed and with the proposed development of this property, it is now the appropriate time for its construction. • Chapter VII, Goal IV, Objective D, Action 2 -Restrict curb cuts and access points on collectors and arterial streets. Except for the extension of Kodiak Drive as a pubic collector roadway that intersects Meridian Road, no access to Meridian Road should be approved with this development. Staff believes that residential uses on this site are appropriate, and are generally consistent with the Comprehensive Plan (as amended by Resolution 04-454). However, staff further believes that the proposed density is not appropriate and that a collector roadway to Meridian Road is necessary. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's development request is appropriate for this property. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family, two-family (duplex), and townhouse developments as a Permitted Uses in the R-8 zone. Single-family detached units, parks and minor public utilities are the only Principally Permitted uses in the R-4 zone. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the Shepherd Creek Subdivision PP-06-040 & MI-06-004 PAGE 9 CITY OF MERIDIAN P DEPARTMENT STAFF REPORT FOR THE HEATS OF OCTOBER 24, 2006 City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. c. Development along State and Federal Highways (UDC 11-3H-4B2b): Public street connections to the state highway shall only be allowed at; the section line road; and the half- mile mark between section line roads. Theses half-mile connecting streets shall be collector roads. See below for analysis regarding this standard. d. General Standards: All of the proposed lots currently comply with the standard lot size and street frontage requirements of the R-8 zone established in the UDC. No dimensional modifications are being requested for the proposed development. However, staff is recommending that all of the lots within this development comply with the standard lot size and street frontage requirements of the R-4 zone. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation Miscellaneous Application Analysis: The applicant has submitted a Miscellaneous application (MI-06-004) requesting that the recorded Development Agreement on this site be modified. 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. On January 19, 2001, the Valley Shepherd Church of the Nazarene, the current owner of a portion of the subject property, entered into a development agreement with the City. This DA is in effect for all 35 acres that was annexed into the City, and is currently requested for subdivision approval. During the public hearings regarding annexation and CUP approval of the church, the need for a collector roadway on this property was a topic of discussion. In fact, Staff believes that the ability to get a collector roadway on this site, when the site developed, was a factor in the City agreeing to annex this property. Further, in the Staff Report for CUP-05-058 (which allowed the construction of the Nazarene Church), Staff's analysis includes: "The site will require preliminary plat approval for any future uses contained on site. The original 34 acres of the site shall be contained in this plat. The future collector street and commercial streets to the south shall be dedicated to the public at such time. The required landscape buffers are to be planned with the plat to be consistent with the UDC." Staff believes that the requirement for a collector roadway on this site has always been disclosed and that if additional development occurs on this site it should be constructed. RMR Consulting, Inc. is requesting that certain sections of the recorded development agreement be modified to reflect the proposal to construct additional residences on this site. The DA currently limits uses on this site to a church and amulti-purpose facility for the church. This restriction was placed on the property by the City Council at the December 19, 2000 public hearing for annexing this property (file # AZ-00-018). As noted in the sections above, Staff believes that residential uses on this property may be appropriate, but not at the density proposed with the Shepherd Creek Subdivision. The density within Bear Creek Subdivision is just over 2 dwelling units per acre, and the density in Strada Bellissima is approximately 2.5 dwelling units per acre. Further, the density in the recently approved Bear Creek West Subdivision, on the west side of Stoddard Road, is approximately 2.5 dwellings per acre. Consistent with the other residential projects that have been approved in this section, the Shepherd Creek Subdivision PP-06-040 & MI-06-004 PAGE 10 CITY OF MERIDIAN PG DEPARTMENT STAFF REPORT FOR THE HEATS OF OCTOBER 24, 2006 development requirements listed in the UDC (see below) and the Comprehensive Plan policies regarding the redevelopment of Public/Quasi-Public areas (see Section 8 above), staff is recommending that the DA for this property be amended to allow 12 acres of the site to be developed with R-4 sized lots, provided a collector roadway is built to intersect Meridian Road at approximately the 1/z mile location. The development agreement for this property was record on February 22, 2001 as Instrument No. 101015259. Staff recommends that the Commission and Council direct the City's Legal Department to draft modifications to the recorded development agreement for Valley Shepherd Church of the Nazarene as follows: Page 4, Item 4-1 - "The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Meridian City Code Section 11-7-2 (D) which are herein specified as follows: Construction and development of a church and amulti-purpose facility and development of single- family residences on 12 acres that complies with the lot size, frontage and density standards of the R-4 zone. Prior to occupancy of the first home within this development, a collector roadway located at approximately % mile north of Victory Road, shall be constructed out to Meridian Road. Said roadway shall be dedicated and accepted by ACHD. " Prior to the final plat being submitted for City Council approval, a modification to the recorded Development Agreement (Instrument No. 101015259) shall be entered into between the City of Meridian, property owner (at the time), and the developer. Said modification to the DA shall include the change listed above. The applicant shall contact the City Attorney, Bill Nary, at 888- 4433 to initiate this rop cess• Preliminary Plat Analysis: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Unified Development Code (LTDC), staff believes that this is a good location for asingle-family residential development. However, also based on the policies and goals contained in the Comprehensive Plan and the UDC, staff is recommending that a development with R-4, not R-8, densities and lot sizes be ap roved. Please see Exhibit C for detailed analysis of facts and findings for a preliminary plat. 1. Access: Meridian Road is a state highway. UDC 11-3H-4B prohibits access to state highways at locations other than at section line roads, or at the %z mile between sections. The proposed access to this site is from three existing stub streets. There are currently three public streets that intersect the west side of Meridian Road in Section 24: Davenport, Calderwood and Maestra. None of these street locations meet ITD's or the City's current policies for location along a Type IV state highway. In the future Staff envisions these accesses to Meridian Road in this section will be limited to right-in/right-out turning movements. If this is the case then a signal between Victory Road and Overland Road is never likely to get built. To facilitate efficient traffic movement for the general public and emergency service providers now and into the future, staff recommends that a up blic collector roadway be built from the intersection of Riptide Avenue, out to Meridian Road. This roadway should be designed and constructed to ACHD's standards. This roadway may be signalized in the future, as warranted, and as funding allows. NOTE: There is currently an alignment problem with an existing public street, Rosalyn Court, on the east side of Meridian Road. The properties with frontage on Rosalyn Court and Meridian Road are currently within Shepherd Creek Subdivision PP-06-040 & MI-06-004 PAGE 11 CITY OF MERIDIAN PI,ANN~DEPARTMENT STAFF REPORT FOR TAE HEARIN~ATE OF OCTOBER 24, 2006 unincorporated Ada County. When these properties request annexation and development to the City, Staff will require that the existing Rosalyn Court be abandoned (vacated or exchanged) and that a new public collector roadway be constructed in alignment with the subject collector roadway, Kodiak Drive. The applicant should dedicate right-of--way, in accordance with TTD's requirements, to allow for future highway expansion along Meridian Road. The applicant should construct a 10-foot wide pathway along Meridian Road per UDC 11-3H-4C3. 2. Densi : As mentioned in the sections above, this property is currently zoned R-8, but Staff is recommending that it be developed in accordance with the R-4 standards. All lots within Shepherd Creek Subdivision shall be designed in accordance with Table 11-2A-4 and the Medium Low-Density Residential standards contained in the UDC. Landscaping_ The landscape plans prepared by Jensen Belts, on May 2006 and prepared by Glancey Rockwell & Associates, on April 10, 2006, labeled Sheets L-2.61 and L-2.62 are approved with the following modifications/notes: • Provide a 35-foot wide landscape street buffer along Meridian Road as depicted. The landscape buffer along the street shall be designed in accordance with UDC 11-3B-7 and UDC 11-3H-4C&D. • Construct a 20-foot wide landscape street buffer along both sides of the "disputed" collector roadway out to Meridian Road. The landscape buffer along the collector street shall be designed in accordance with UDC 11-3B-7 and UDC Table 11-2A-4. • Construct a 20-foot wide landscape strip along the north side of the development, from Riptide Avenue to the west property line, as proposed. • Provide amicro-path connection on Lots 1 and 15, Block 1, that connects Riptide Avenue to the parking lot for the church. Provide amicro-paht on Lot 7, Block 2, as proposed. Provide landscaping in compliance with UDC 11-3B- 12, adjacent to the micro-paths. Micro-path fencing shall comply with the standards in the UDC. • Construct 6-foot tall vinyl fencing around the perimeter as shown on the plan. • Construct all other landscaping as shown on the plans. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the fmal plat application(s). Landscape Buffer along Meridian Road: Meridian Road, adjacent to the property, is classified as an Entryway Corridor on the 2002 Future Land Use Map, and requires a 35- foot landscape buffer per UDC 11-2A-5. The applicant has proposed to construct a 35- foot wide landscape buffer along Meridian Road, located outside of the future right-of- way for the highway. 4. Common Areas: All common lots which are approved as open space and/or will function as drainage areas shall be vegetated and be usable by residents. Maintenance of all common areas shall be the responsibility of the Shepherd Creek Homeowners Association. Shepherd Creek Subdivision PP-06-040 & MI-06-004 PAGE 12 CITY OF MERIDIAN PLANNIRG DEPARTMENT STAFF REPORT FOR THE HEATE OF OCTOBER 24, 2006 5. OQen Space/Amenities: The applicant is proposing to set aside 0.78 acres (6.5 % of the property) for open space and staff is supportive of the design. Pedestrian pathways (micro- paths) and a seating area with benches are a part of the open space design, as well. 6. Tree Miti ag t~ Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of those removed. Required landscaping trees will not be considered as replacement trees for those that are removed. The applicant should coordinate a mitigation plan with Elroy Huff at the Meridian Parks Department. 7. Common Driveways: A common driveway is proposed for Lots 19 and 20, Block 1. The UDC allows the frontage for R-4 zoned lots sharing a common driveway to be reduced to 15 feet. UDC 11-6C-3D7 requires setbacks, building envelopes, and orientation of the lots and structures to be shown on the plat; building setbacks should be measured from the edge of the common driveway easement or property lines, whichever is more restrictive. Further, UDC 11-3C-6 requires every single-family dwelling to have atwo-car garage and a 20' x 20' parking pad on the lot. The asphalt for the common driveway should not count towards the required parking pad area. Comply with all common driveway provisions listed in UDC 11- 6C-3D. Pressure Irri atg ion: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to 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 fmal plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 8. Fencing: Fencing adjacent to all micro-paths is required. The applicant should submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All perimeter fencing must be completed prior to issuance of building permits. All fencing should taper down to a 3 foot maximum within 20 feet of all rights-of--way. Fencing shall be installed in accordance with UDC 11- 3A-7. 9. Ditches, Laterals, and Canals: As per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. b. Staff Recommendation: Based on the above analysis, staff finds the MI and PP applications generally conform to the Comprehensive Plan policies and UDC standards. As noted in the Conditions of Approval in Exhibit B and the Development Agreement provisions in Section 10 of the Staff Report, staff recommends approval of the subject applications with the limitations that residential construction be designed in accordance with the R-4 standards of the UDC minimum 8,000 square foot lots, minimum 60 feet of street frontage, etc. density, and that a public collector roadway be constructed out to Meridian Road. Staff further recommends that the Council direct the Legal Department to draft an addendum to the Development Agreement to allow residential uses on this property. Please see Exhibit B for all Shepherd Creek Subdivision PP-06-040 & MI-06-004 PAGE 13 CTI'1' OF MERIDIAN PLANNIIQG DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF OCTOBER 24, 2006 of the conditions, provisions and restrictions regarding the Shepherd Creek development. ON September 21. 2006 the Meridian Planning & Zoning Commission voted to recommend approval to the City Council of the subiect applications. On October 24, 2006 the Meridian City Council voted to approve the subiect applications. 11. E~~ITS A. Drawings 1. Preliminary Plat (dated: 5-5-06) 2. Landscape Plans (dated: May 2006 and April 10, 2006)(3 sheets) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department 9. Idaho Transportation Department C. Required Findings from Unified Development Code Shepherd Creek Subdivision PP-06-040 & MI-06-004 PAGE 14 CITY OF MERIDIAN PLA,NNflQG DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF OCTOBER 24, 2006 L~. DraW1YIgS 1. Preliminary Plat (Dated: May 5, 2006) w~..9+ii~apaB8~ ~ Y~i `11'9 .9 a P b A~ ~f ~x 8f yj '}~.JT~.4~ ~ $ l ,{ ti ib c-~i~r ~T,. ,, ~ x a 4 ; ~ x!~ ~~ ~ ~ f ~ ~ _ ~ ~ I ~ p e fee ~1 i '~~ ~~ ~ §j; 4;~ __ _ qj ~y i, g ,} I. ~ "y~3. y ~ ~ ~ ~ 3 ~~~ ~~ p ~ ~ td 3e0€3~ p~p II ~.;p,, d x~ ~ s~ ~ ~~~~~~'' , b~64~ ~~p ~Dg~~ ~x!~P~Url~ ~'~ ~~~ ~~.~~ ~' 'a~~l ~ I ,~ I~ ~ _ ~~'~ ~~ gym... ~il_,~ .~..~ ~~~~ ~~~~ ~~~ ~, ~ _ - -; _ __ - ,, ~ __ ~ __ . - {f- i' - -` -- - '-'I ~ ~~ g ~h - ~ '" i .~-~ ~ ~ -~" 4 ~fj 1 d, j C e'r r tll x .~ g - ,., , a r ,. , ... r ' x ,-~' ,.. .. 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Landscape Plans (dated: May 2006 and April 10, 2006)(3 sheets) ~?~? ~1 s~ Ali#i#s~~fg4s e y A ~ Yin 1~ F ® ~ 1 ~ 4 ~ CF ~~ a e fB~el 2F2~ ®~ B ~~~ ~~ ~ ~ ~~ ~~ ~~ Y ~ i 4 __ k..t'. „ ~~ ~, 1 `~;F _ ~ ~ ~~ +~ ` . ~ ~' 1~ ~~ ~ a ~ `~~ P c~~ Z V1 ~ ~ ~~ ~ ~ ~ ~ ~ ~ ~ ~~ ~~; ~ ~ ~ _.~. r'~~ ~ _ ~ s ~ " ~ W ~ ~ ~ W a ~ - °C ,~_~ _ _ ~ " Y. y U l ~ D' cC ~~ LL.1 v r ~ ~ r ~ W `~ ~ t!f 4 ~_ ~z a H4 a E Exhibit A '~ --- CTfl' OF MERIDIAN PLAS~ DEPARTMENT STAFF REPORT FOR THE HOATE OF OCTOBER 24, 2006 ~tl- ~t~ ~ f ~ w risw,r. f •L- ~~ _. ~~~~_ ~ ~G'' 1 _ ~ w.~ ~ ~ t { ~ ~ $~~ 4 ~ ~ . z ~® ?~-, ~ ~~o ~ e, ~~ - - - ~ - -- ~' - - - - - - ~-- -- - fi- !~ ~ ~ ~ __ f ~~~, _ ~ ~ ' , I -~ ~ , ~-- -, _ + ~~ ~ ~ ~ ~ I f~~ 7 i...~ df ~ 711 ~ ~ , ' .. ~~~ ' ,' e~ t ' ~ t~.~ P •__~ I;4.,t- ~'# ~ li ,~ ~~ ~ ~~ ~i1. ~ g~~ ~~ i Ij~ J ~~~ .31~ ~~i S iag t ?Y~ . ,`.: ~~~ e ~ ,.~ ~, ~ ~~~~ °, ~v~ .,~~ I~ - ~~ ~ i ! 1~ ti,. ~~ ~-. ~-s--~ ~~. ~, ~~~ ! f--F- 41 '~ _~ --_~ ~~ ~. _~ Exhibit A CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR THE f(>ATE OF OCTOBER 24, 2006 i~ I, ~~ ~~ 1 I ~, ~. ~~~ .~ ~ ~ ~ • ~~ ~ g b ~ 8 a w 3 µ ~.~ ~~ . ~~ a I . ~ ~~~ ~ ~ ~. Exhibit A CITY OF MERIDIAN PG DEPARTMENT STAFF REPORT FOR THE HEATS OF OCTOBER 24, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT MISCELLANEOUS APPLICATION Prior to the final plat being submitted for City Council approval, a modification to the recorded Development Agreement (Instrument No. 101015259) shall be entered into between the City of Meridian, property owner (at the time), and the developer. Said modification to the DA shall include the changes listed in bold and underline below. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this rop cess. Page 4, Item 4-1 - "The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Meridian City Code Section 11-7-2 (D) which are herein specified as follows: Construction and development of a church and amulti-purpose facility and development of single- family residences on 12 acres that comply with the lot size, frontage and density standards of the R-8 zone, with a minimum house size of 1,400 square feet. Prior to occupancy of the first home within this development, an emergency access connection located at approximately 1/z mile north of Victory Road, shall be constructed out to Meridian Road.~aid . Landscaping and sidewalk shall transition at the stub streets to match the existing stub streets provided to this property. " 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.1.1 The preliminary plat labeled Sheet 1 of 2, prepared by Stanley Consultants, Inc., dated May 5, 2006, is approved as submitted. The applicant shall revise the plat so all lots comply with the dimensional standards of an R-8 development as listed in Table 11-ZA-4 of the UDC, and comply with the requirements listed below. All comments and provisions of the accompanying Miscellaneous application (MI-06-004) and the development agreement for this property shall also be considered conditions of the Preliminary Plat (PP-06-040). 1.1.2 The landscape plans prepared by Jensen Belts, on May 2006 and prepared by Glancey Rockwell & Associates, on April 10, 2006, labeled Sheets L-2.61 and L-2.62 are approved with the following modifications/notes: • Provide a 35-foot wide landscape street buffer along Meridian Road as depicted. The landscape buffer along the street shall be designed in accordance with UDC 11-3B-7 and UDC 11-3H-4C&D. « - ~~a~=~ Y'L"1"'T • Construct a 20-foot wide landscape strip along the north side of the development, from Riptide Avenue to the west property line, as proposed. • Provide amicro-path connection on Lots 1 and 15, Block 1, which connects Riptide Avenue to the parking lot for the church. Provide amicro-path on Lot 7, Block 2, as proposed. Provide landscaping in compliance with UDC 11-3B- 12, adjacent to the micro-paths. Micro-path fencing shall comply with the standards listed in the UDC. Exhibit B CITY OF MERIDIAN PG DEPARTMENT STAFF REPORT FOR THE HEATS OF OCTOBER 24, 2006 • Construct 6-foot tall vinyl fencing around the perimeter as shown on the plan. • Construct all other internal landscaping as shown on the plans. • Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of those removed. Required landscaping trees will not be considered as replacement trees for those that are removed. The applicant shall coordinate a mitigation plan with Elroy Huff at the Meridian Parks Department. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B-14. • The sidewalks and landscaping shall transition to match into the Bear Creek and Strada Bellissima improvements adjoining this project. Submit a landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). 1.1.3 Prior to the final plat being submitted for City Council approval, a modification to the recorded Development Agreement (Instrument No. 101015259) shall be entered into between the City of Meridian, property owner (at the time), and the developer. 1.1.4 Construct an emer~encv access ^ °-••'-'~~ ~~"°~*~~ roadway from the intersection of Riptide Avenue, out to Meridian Road. This emer~encv access roadway shall be located approximately 1/2 mile north of Victory Road .This roadway shall be constructed prior to the City's issuance of any residential occupancies in this development. Place a note on the face of the final plat prohibiting direct lot access to Meridian Road. 1.1.5 The applicant shall dedicate right-of--way, in accordance with ITD's requirements, to allow for future highway expansion along Meridian Road. 1.1.6 Any two lots sharing a common driveway shall maintain at least 15 feet of public street frontage (flag) and the common driveway easement should be depicted and explained on the face of the final plat. Place the building setbacks/envelopes and orientation of the lots and structures that use the common driveway on the face of the final plat. Building setbacks shall be measured from the edge of the common driveway easement or property lines, whichever is more restrictive. Provide a two-car garage and a 20' x 20' parking pad on each lot. The asphalt for the common driveway shall not count towards the required parking pad area. Comply with all common driveway provisions listed in UDC 11-6C-3D. 1.1.7 Set aside at least 0.78 acres (6.5 % of the property) for open space, as proposed. Construct pedestrian pathways (micro-paths) and a seating area with benches as part of the open space design. 1.1.8 Maintenance of all common areas shall be the responsibility of the Shepherd Creek Subdivision Homeowners' Association. 1.1.9 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Exhibit B CITY OF MERIDIAN PI,ANN~ DEPARTMENT STAFF REPORT FOR THE HEATS OF OCTOBER 24, 2006 Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.1.10 Underground, pressurized irrigation must be provided to all lots within this development. GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.2.1 Sidewalks/walkways shall be installed within the subdivision and on the perimeter of the subdivision (where applicable) pursuant to UDC 11-3A-17. 1.2.2 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.2.3 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. 1.2.4 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as noted in this report, shall be submitted for the subdivision with the final plat application. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. 1.2.5 The applicant shall submit a fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences shall taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. 1.2.6 All irrigation ditches, laterals, or canals intersecting, crossing, or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6, unless otherwise approved by the appropriate Irrigation District. Plans will need to be approved by said irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.2.7 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.2.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Bear Creek Subdivision that flow to the Bear Creek Lift Station. The Bear Creek Lift Station discharges to an eight-inch line in Overland Road. It is the determination of the City Engineer and Public Works Director, using information derived from the City's sewer model and flow metering, that the Bear Creek Lift Station is ineligible to take any more flow than is currently approved in Bear Creek Subdivision. 2.2 This property shall not be allowed to sewer to the mains in Bear Creek until the lift station is Exhibit B CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE HEATE OF OCTOBER 24, 2006 decommissioned, and the mains are then gravity flowing to the Black Cat Trunk. In order to ensure this, the City Engineer will not sign the plat until the Bear Creek Lift Station is taken off- line. 2.3 This property is currently not serviceable by the City of Meridian's sanitary sewer system and the City of Meridian does not guarantee sewer service in the timelines outlined in the UDC. 2.4 The applicant shall install sewer and water mains to and through this development; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.5 The applicant shall be required to extend a sewer service down the lot line common to lots 7-8 block 4, to parcel R 8186120850 which is located in the southwest corner of this development. On the face of the final plat graphically dedicate a sewer service easement to protect this service 2.6 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.7 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). 2.8 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then evidence of a license agreement shall be submitted prior to scheduling of apre-construction meeting. 2.9 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, 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. 2.10 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.11 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.12 The preliminary plat indicates that the Harden Drain will be tiled on the "church side" of this property. Prior to construction plan approval the applicant shall provide documentation that the owners of the church lot approve of the tiling of the drain on their property. 2.13 The remainder of the drain on the "church lot" shall be tiled with any new improvement or division of the remainder of the "church property". 2.14 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that Exhibit B CTI'Y OF MERIDIAN PLANNYI~G DEPARTMENT STAFF REPORT FOR THE HATE OF OCTOBER 24, 2006 intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.15 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. 2.16 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. 2.17 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. 2.18 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. 2.19 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. 2.20 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.21 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.22 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.23 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. 2.24 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. 2.25 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the streetlights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 3. FIRE DEPARTMENT 1. One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. Exhibit B CITY OF MERIDIAN PLANN~G DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF OCTOBER 24, 2006 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. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4'/i" 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. 4. The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 5. All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 6. 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. 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. 8. Building setbacks shall be per the International Building Code for one and two story construction. 9. The proposed 55-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 160 residents at build out. 10. The applicant shall work with the Public Works Addressing staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance for the church. 11. The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please change the name of Alaska Wa~to Garibaldi Avenue, as it aligns with. Garibaldi Avenue in Strada Bellissima Subdivision. Please contact Tricia Biernen at 898-5500 to address this concern. 12. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 13. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 14. An emergency access to meridian Rod is helpful here but offset is a concern. 4. POLICE DEPARTMENT Exhibit B CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF OCTOBER 24, 2006 4.1 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 4.2 Adequate lighting shall be provided along pathways. 4.3 Rename Alaska Way, Garabaldi Avenue. 5. PARKS DEPARTMENT 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 6. SANITARY SERVICE COMPANY 6.1 SSC will not provide trash pick-up services utilizing the common driveway. The developer shall install a concrete pad at the end of the common drive no more than five (5) feet behind the sidewalk. The pad shall be of sufficient area to accommodate the receptacles of the residences that take access from the common driveway. 7. ADA COUNTY HIGHWAY DISTRICT Site Specific Conditions ofAp rp oval 7.1. Comply with ITD for the frontage on SH69. 7.2 The applicant is prohibited from connecting West Kodiak Drive to Meridian Road (SH69). 7.3 Provide continuous right-of--way from West Kodiak Drive east to the church site and provide complete roadway improvements abutting the entire stub street. 7.4 Construct the internal roadways as 36-foot street sections within 50-feet ofright-of--way complete with curb, gutter and 5-foot attached concrete sidewalk, as proposed. 7.5 Construct a stub street to the north, South Alaska Way, located approximately 135-feet east of the west property line (measured property line to centerline), as proposed. This stub street shall connect to and align with an existing street, South Alaska Way within the Bear Creek Subdivision north of this site. 7.6 Construct a stub street to the south, South Garibaldi Avenue, located approximately 185-feet east of the west property line (measured property line to centerline), as proposed. This stub street shall align with and connect to an existing street, South Garibaldi Avenue within the Strada Bellissima Subdivision to the south of this site. 7.7 Construct a stub street to the west, West Bear Track Drive, located approximately 355-feet south of the north property line (measured property line to centerline), as proposed. This stub street shall align with and connect to an existing street, West Bear Track Drive, within the Bear Creek Subdivision Sub to the west of this site. 7.8 Complete the street improvements to Maestra Street, where it abuts the subdivision site, as one half of a 40-foot street section complete with vertical curb, gutter and 5-foot attached concrete sidewalk, from SH69 to the last commercial lot on the opposite side of the roadway. Exhibit B CTI'Y OF MERIDIAN PG DEPARTMENT STAFF REPORT FOR THE HEATE OF OCTOBER 24, 2006 7.9 Complete the street improvements to Maestra Street, where it abuts the subdivision site, as one half of a 36-foot street section complete with curb, gutter and 5-foot attached concrete sidewalk for the remainder of the roadway as it transitions westward. 7.10 Comply with all Standard Conditions of Approval. StandaNd Conditions o A Yoval 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 is required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized Exhibit B CTI'1' OF MERIDIAN PI.ANNIlQG DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF OCTOBER 24, 2006 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 awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. CENTRAL DISTRICT HEALTH DEPARTMENT 8.1 After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito breeding problem. 9. IDAHO TRANSPORTATION DEPARTMENT 9.1 This site is located adjacent to the State Highway 69 9.2 ITD supports the City's proposal for a collector road connection at the half mile location, and future signalization at the location, as warranted, and as funding allows. 9.3 This proposal should be contingent upon the City's commitment to require the realignment of Roslyn Court as redevelopment occurs at that site. 9.4 We would also like agreement, if informal, between ITD, ACHD and the City of Meridian that no other signals between Victory and Overland roads would be proposed. 9.5 Should an accident history develop at the intermediate intersections, a median to restrict movements would be constructed (as funding allows) to resolve safety problems. 9.6 Good connectivity should be required to allow good access to the potential signal location from properties in the sub-area. Exhibit B CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR THE HE~NG DATE OF JULY 20, 2006 C. Required Findings from Unified Development Code 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; Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. B. Public services are available or can be made available and are adequate to accommodate the proposed development; Council fords that public services can be made available to accommodate the proposed development. (See Exhibit B for more information.) 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, Council fords that allowing a subdivision on this site 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, for more detail.) E. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD and ITD consider road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. F. The development preserves significant natural, scenic or historic features. Council is unaware of any natural, scenic, or historic features on this site. Therefore, 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. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit C • November 3, 2006 VAC 06-012 MERIDIAN CITY COUNCIL MEETING November 8, 2006 APPLICANT Brighton Corporation ITEM NO. 5-~ REQUEST Resolu#ion -Request for a Vacation of 2 feet of the required 5 foot side drainage and irrigation easement on the east side of Lot 16, Block i 2, of Paramount Subdivision No. 7 - 1037 West Bacall Street AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See altaahsd Resolution CITY POLICE DEPT: CITY FIRE DEPT': CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HI GHWAY DISTRICT: '(~'f/ U SANITARY SERVICE COMPANY ,/'~ CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER ~ : n 1 US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: u,.,~lf ct~( ,~~StaTf Initials: ., meeNnps shad bec~rne property of fl» City of Meridian. C~ 1_J CITY OF MERIDIAN ADA COUNTY RECORDER ,AVID NAVARRO AMOUNT .00 ~ BOISE IDAHO 01112107 09. DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIIIII I III RECORDED-REQUEST OF 10-~~0~5~~ Meridian City RESOLUTION NO. ~ ~ - ~~ BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE A RESOLUTION VACATING TWO FEET OF THE REQUIRED FIVE FOOT SIDE DRAINAGE AND IRRIGATION EASEMENT ON THE EAST SIDE OF LOT 16, BLOCK 12 OF PARAMOUNT SUBDIVISION N0.7, LOCATED IN THE SOUTH %Z OF THE NORTHWEST'/ OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 1 WEST, CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 24, 2006 the City Council of the City of Meridian, held a hearing on the vacation of two feet of the required five foot side drainage and irrigation easement on the east side of Lot 16, Block 12 of Paramount Subdivision No. 7, located in the South %Z of the Northwest '/ of Section 25, Township 4 North, Range 1 West, City of Meridian, Ada County, State of Idaho, and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the vacation of two and seven hundredths (2.07) feet of the required five (5) foot side drainage and irrigation easement on the east side of Lot 16, Block 12 of Paramount Subdivision No. 7, located in the South %Z of the Northwest '/ of Section 25, Township 4 North, Range 1 West, City of Meridian, Ada County, State of Idaho is hereby vacated. Copies of the necessary relinquishments are attached as Exhibit «A,~ VACATION OF DRAINAGE & IRRIGATION EASEMENT -PARAMOUNT SUBDIVISION NO.7 Page 1 of 2 Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~~' day of /~O (/Piny ~-L`- , 2006. APPROVED BY TH,E/MAYOR OF THE CITY OF MERIDIAN, IDAHO, this g~ day of !~/~~/~~'~"'~~ , 2006. ATTEST: WILLIAM G. BERG, .7P STATE OF IDAHO, ) ss County of Ada ) ~~` ~`~ ~'~ MY de WEERD C~' c' ~'~~ F~:3 r- ° ~~'~ '`e~ ~ ~ ~° Y° ~- ~ J~ . e~ ,~ ~'°~uroonit nwe3~~°\ On this ~ day of I~QVPm ~r , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. M G~ . ~ , ~ ~ '~' ~ • NOTARY PUBLIC FOR IDAHO 9 ~ ,~ ~ RESIDING AT: C~Jd ~~ I ~~ ~, ; MY COMMISSION EXPIRES: l~-L 1-1 I ~', ~ ~ •• ..~• VACATION OF DRAINAGE & IRRIGATION EASEMENT -PARAMOUNT SUBDIVISION NO. 7 Page 2 of 2 u ~ ~' ~ ~ ~ ~ AO'LZ i?~ I I ~~7 \ ~ I I I:~,~ ~ I ~i I I I I I I ~5, • '`~~ ~ I ~ :•.. r- -- i ~_____ _ ________- l W W o U Y V U /~O I oa oo /OJ5 v~ va ~, 3 8ti' 6Z'68 S 00'09 133211S lld~d91S3M ~~ HW ~x~ ~O ~~ ~~ w w J J Q ma W m O ~ O Lll ~ ~ = o ~~ .~ a O Q Z ti = ~O~ Y z Q D q O Z Q Q ~ m = Z d ~-~ co ~ I-- iu ~ a~~a~ x 0 z F ® @@ ~ P Y i b ~ `d ® 8 ~ r g ,s~.'•o~' ~ g~ ~" ~ ~ ~ b ~~ ~$ ~ ~ ~ ~ ~ ~ ~ ~g ~ m ~ ~ ~ ~ ~ I! ~ ~ ~ ~~ ~~~ ~ • 4a I ~4p0005 AoYat 9 it ~, ~_ ~I I. 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F °c" - - - ~9~. of of aoe mn ti - - - x~va anwcm - - - OMtlY3B ~p ~YB 2 ~al CITY OF MERIDIAN RESOLUTION NO. BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE A RESOLUTION VACATING TWO FEET OF THE REQUIRED FIVE FOOT SIDE DRAINAGE AND IRRIGATION EASEMENT ON THE EAST SIDE OF LOT 16, BLOCK 12 OF PARAMOUNT SUBDIVISION N0.7, LOCATED IN THE SOUTH'/i OF THE NORTHWEST ~ OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 1 WEST, CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 24, 2006 the City Council of Meridian, held a hearing on the vacation of two feet of the required five foot side drainage and irrigation ea~ment on the east side of Lot 16, Block 12 of Paramount Subdivision No. 7, located in the South '/z of the Northwest '/a of Section 25, Township 4 North, Range 1 West, City of Meridian, Ada County, State of Idaho, and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE TT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the vacation of two feet of the required five foot side drainage and irrigation easement on the east side of Lot 16, Block 12 of Paramount Subdivision No. '~, located in the South'/z of the Northwest'/4 of Section 25, Township 4 North, Range 1 West, City of Meridian, Ada County, State of Idaho is hereby vacated. Copies of the necessary relinquishments are attached as Exhibit "A". Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. VACATION OF DRAINAGE & IRRIGATION EASEiV1ENT -PARAMOUNT SUBDIVISION N0.7 Page 1 of Z PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2006. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2006. MAYOR TAMMY de WEERD ATTEST: WILLIAM G. BERG, JR. -CITY CLERK STATE OF IDAHO, ) ss County of Ada. ) On this day of , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared TANIlVIY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC FOR IDAHO RESIDING AT: MY COMNIISSION EXPIRES: VACATION OF DRAINAGE & IRRIGATION EASEMENT -PARAMOUNT SUBDIVISION N0.7 Page 2 of 2 Meridian City Council November 8, 2006 Page 11 of 43 this opportunity to publicly proclaim my support of Boise State football and to tell all present how proud I am of their great accomplishments. Bird: And sing the fight song. Wardle: Go Broncos. Rountree: A little more enthusiasm. De Weerd: Now, we could talk about the same weekend I believe that the WSU Cougars beat a certain Oregon team and I, you know, didn't have a wager, because I don't do that. Mr. Borton, do you have any comment? Borton: Sean -- Councilman Wardle is a good sport. He read that word for word. Wardle: Thank you for the opportunity. Borton: I'll give you another one next year. De Weerd: Okay. Wardle: Thank you. De Weerd: Thank you. So, that's your report, uh? Wardle: That's it. Item 7: Items Moved from Consent Agenda: F. Resolution No. :VAC 06-012 Request for a Vacation of 2 feet of the required 5 foot side drainage and irrigation easement on the east side of Lot 16, Block 12, of Paramount Subdivision No. 7 by Brighton Corporation - 1037 West Bacall Street: De Weerd: That was worth it. Okay. We did remove an item from the Consent Agenda. Item F on resolution number 06-540. Canning: Madam Mayor, Members of the Council, last week or -- I think it was last week you approved a vacation for a drainage and utility easement of three feet. We got -- or two feet. I'm sorry. And the record of survey came through and instead of having a full four foot setback, which would lead to the two foot vacation, they have a 3.93 setback. So, there is .07th of a foot, which is about an inch, that -- so we need to amend the resolution for the vacation to say two feet and an inch or 2.07 feet, but we did need to ~-' amend that resolution. And the applicant is here if you want to chastise him, but we do ask that you make that change to the resolution. Meridian City Council November 8, 2006 Page 12 of 43 De Weerd: That's why you brought your daughter. Oh, that is just shameless. Mr. Nary. Nary: Madam Mayor, it was my recommendation that we pull it off this Consent Agenda and make note of it and, then, you -- the Council can recommend inserting that into the written documents, so that it accurately reflects what it is and I guess if they could re- read the BSU proclamation again, I guess that's the price you pay for making an error. De Weerd: You did say it with a smile on your face, Councilman Wardle. I was very impressed. Okay. Council, I guess you're being asked to pass this with the change as reported -- or not. Or we can ask the applicant to comment. What is your desire? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I would move that we pass as just indicated with the amendment. Wardle: Second. De Weerd: Okay. I have a motion and a second to pass Resolution No. 06-540, with the changes noted. Rountree: And I might add that -- to my motion that there be a time out to the applicant. De Weerd: Can we put him in the comer? That's always effective. Okay. Any further discussion? Mr. Berg, will you call roll. Canning: Pardon, Will? De Weerd: Will you, please, speak into your microphone, Mr. Berg. Berg: Sony, Madam Mayor, I was just making sure before I call roll that I had all the documents that I needed for this resolution. De Weerd: Okay. Berg: And I was just inquiring if I needed to have a different exhibit attached. You can't read the numbers as it is on the exhibit, which we have. De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, what gets recorded is the -- additionally is the resolution itself. So, your direction and your motion is to make that correction as noted by the planning director, they can make that correction on the record and record it that way. ~ i Meridian Ciiy Council November 8, 2006 Page 13 of 43 De Weerd: Okay. Berg: And I guess my question, Madam Mayor, is if it's -- the exhibit doesn't follow what it says in the resolution, then, we don't have the right exhibit. Now, all I'm asking is if I have the right exhibit to follow up with the numbers on the resolution. And is that the right exhibit? Nary: I believe it is the right exhibit, because I think that's how we caught that the -- the amend was less than what was -- it's not the right exhibit. Bird: No, because that's showing a three foot. Canning: Madam Mayor, Members of the Council, I mean we have rounded -- this is a rounding error that normally we wouldn't be concerned with. The only reason that we were concerned was clearly identifying this one is because we are going to have a recorded lot line adjustment that says 3.93 feet. I think the exhibit is fine, with the clarification in the text there is an additional inch that's being vacated there. De Weerd: Okay. Rountree: That was the intent of my motion. I don't know how we go about getting paperwork corrected. Berg: Thank you, Madam Mayor, I will call roll. De Weerd: Thank you. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Before we move into our regular agenda, I will invite all of you to make way for the future, it's our -- kind of our demolition party at the creamery, if there is anything left. So, if you have noticed the creamery building has started. the demolition process, but we did want to have a ceremony that honors the roots of our past and the history of that site as we make way for the new City Hall project. That is on Monday, November 13th, at 11:00 a.m. and it will be in the parking lot behind this building over by the old Farmers and Merchants State Bank Building. So, we'd love to have you join us for that ceremony. Item 8: FP 06-046 Request for Final Plat approval of 85 single-family residential building lots and 8 common lots on 19.57 acres in a proposed R-8 zone for Cedarcreek Subdivision by Liberty Development, Inc. -near the Northwest Corner of West McMillan Road and North Meridian Road: November 3, 2006 M106-002 MERIDIAN CITY COUNCIL MEETING November 8, 200b APPLICANT Hawkins Companies ITEM NO. 5-G REQUEST Addendum to Development Agreement -Request to amend the previously approved Development Agreement for Walgreen's Pharmacy (RZ 05-008) #o allow an &ff tall rather than 6-ff td11 CMU wall along the east property tine - 3150 W. Cherry i.n 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: Con#acted: Emailed: COMMENTS See atMched DevalopmeM Agreement .~ l~~t~C~641C-C~Sltaf~ Initrals: 6i,,~ public meetings shoo become properly of fhe City of Meridian. ~L ADA COUNTY RECORDE DAVID NAVARRO AMOUNT .DO 46 BOISE IDAH011/16106 ~9 PBI RECORDED C REQUEST OF ~II ~~~~~~~IIIIIIIIIIIIIIIIIIIIIIII ~~~ City of Meridian 106100017 ADDENDUM TO THE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. GRH Ten Mile LLC, Owner/Developer 3. Halker Properties LLC, Owner/Developer The following is an addendum to that certain DEVELOPMENT AGREEMENT, entered in~ on the 6`f' day of December, 2005. This addendum is made and entered into this ZS day of DG~v ~-e!~' , 2006, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called CITY, and GRH Ten Mile LLC, whose address is 8645 W. Franklin Road, Boise, Idaho 83709, hereinafter called OWNER/DEVELOPER, and Halker Properties LLC, whose address is 8645 West Franklin Road, Boise, Idaho 83709, hereinafter called OWNER/DEVELOPER. OWNERS/DEVELOPERS agree to be bound by the terms of the original Development Agreement (instrument # 105191338), approved on December 6, 2005 on the land described in Exhibit "A", except as specifically regarding the following items: 1. The parties hereto agree that the development of the property described in Exhibit "A" shall be in accordance with the terms of the above described Development Agreement, exhibit "B", or those Ciry ordinances in effect at that time any subsequent conditional use application is filed, whichever are more restrictive. 2. That the original Development Agreement, Instrument # 105191338, approved on December 6, 2005, be amended by modifying the following: • That the existing wood fence along the east property line be replaced with an eight-foot tall CMU wall and that afour-foot tall CMU wall along the north landscape planter be constructed. 3. That Owners/Developers agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation of the Owners/Developers, or their assigns, heirs, or successor shall not meet the conditions of this addendum to the Development Agreement, and any new Ordinances of the Ciry of Meridian as herein provided. 4. This addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This second addendum shall be binding on the Owners/Developers of the Property, each subsequent owner and any other person(s) 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 hereon and any successor owner or ADDENDUM TO DEVELOPMENT AGREEMENT (MI 06-002 WALGREEN'S PHARMACY) PAGE I OF 5 owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owners/Developers, to execute appropriate and recordable evidence of termination of this addendum if City, in its sole and reasonable discretion, had determined that Owners/Developers have fully performed their obligations under this Addendum. 5. ff any provision of this addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 6. This addendum sets forth all promises, inducements, agreements, condition, and understandings between Owner/Developer and City relative to the subject matter herein, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this second addendum 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. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within 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. 7. This addendum shall be effective as of the date herein above written. ADDENDUM TO DEVELOPMENT AGREEMENT (MI 06-002 WALGREEN'S PHARMACY) PAGE 2 OF 5 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER GRH Ten Mile LLC By: OWNER/DEVELOPER Halker Properties LLC By: CITY OF MERIDIAN .~- By: Mayor T de Weerd Attest: 2,~=~~ William G. Berg, Jr., City ®` ~9 tBPBPEBlf I /,U„/eR~` ~~ VJT iJ l/6~JG~!"~vv //~~ ~~ ~ s~ v ~~:~ ~ ~ ~' ~. 9~'~ , q`~. 'r,` ~~ ~fF08l9f9i Iti96\Lt°9` ADDENDUM TO DEVELOPMENT AGREEMENT (MI 06-002 WALGREEN'S PHARMACI~ PAGE 3 OF 5 STATE OF IDAHO, ) County of Ada, ss: On this ~Sday ofd , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared ~. on behalf of GRH Ten Mile, LLC, known or identified to me to be the 'E~ of said company, who executed the instrument on behalf of said company, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) ~ypTq~i~, ®~~ w «~ * ~ Notary Publics I o T ~ AU9L1G ~3 Residing at: ~ a-~- ~ `, ,~, ®~ My Commission Expires 2~~ 0 .• 0 STATE OF IDA Ae ~~a •oo . ss: County of Ada, ) On this~day o , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared ~ vL13~1 ~~~.C-.~ on behalf of Halker Properties, LLC, known or identified to me to be the ~raS.A..(a~I~ of said company, who executed the instrument on behalf of said corporation, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. .~~°- p ~Y,~ , (SEAL) ~.o ••,, P.---- ~, TZOT,~~Q' ~ Notary Public fo 0 ~,~ ~ Residing at: ~ Sr-2_ ~ Pp AUBLIC ~ My Commission Expires: ( l ®~..m~ ®~ ID t-~®'ti°~ ADDENDUM TO DEVELOPMENT AGREEMENT (MI 06-002 WALGREEN'S PHARMACI~ PAGE 4 OF 5 STATE OF IDAHO ) County of Ada ss On this~_ day of ~V , 2006, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and y.~.i~~~sr6~~ ficate first above written. ~~ '~'.°' ~ .R f'~'' (SEMI,) ~ ~ otary Public for Idaho ~~ %~: Residing at: ~'~L- ~ds,l~1 ~, lID e ~,+5~,~ ~! ~ ~,~ ~~1;: s' Commission expires: l~-L l-~ •~~~.s• ADDENDUM TO DEVELOPMENT AGREEMENT (MI 06-002 WALGREEN'S PHARMACY) PAGE 5 OF 5 (~ l~ l.'I~ ~ ~JValgreent; on Test 11~e ~.oad ~-OS-OOS t` ~ • ' ~.~~~~ . y •,r••~ IDAHO . *~- SURVEY (-0sota~c4syt~~;~,a~ ~+ROUP safer Iso P2crldvn,-dab $3sas ~'hone,?oai B9b.Ba'70 F'+a1~ Na. o5-oi 5 ~ tea, aas.s3~ Apra 15, ~a~ TEN MfLE AND Cy~~~PTit:1N FOR ~ HRW1fi11Eg IANP PAIiGEL RE•ZO[~ ~ C'OMPAMIEB A parcel of land lasted In the SW1/q of the SWi/4 of S S.M_, WleRdfan, Ada County. Idaho more particularly described as fcllaws- eotlon .2. T.3N•, R.i W„ BEGINNING at the SW comer said section 2: 3d5.50if~ ce along the Wes! boundary tfne of said 8ectian 2 NorttE Oo°•f9'U7' EaaE thence leaving said East bounds Ifne r!' Souhf- 8$°3$"d1" ~~ 317.60 feed thence South 00°19'07'" Wes}. 5Q.01) feet; fhsnce South 88°38'31' Ems'. 100.00 feet: thence 8nuth 00°ig'0~ WeS~ ~.~ few ~ a ~irn on the South Boundary Ilne of said gecblon 2; thence along fha South froundary fine of said Section Z Natth c 4 41 T,SD feat to the ~l_ POlt+l'>• OF gEGf NN1NG. canlainir-9 3.20 atxe8 8,8 38 37 W~~ . more or less. R d ~ ~~c `t. ' L/ 4 ~~C]L .y 4 dam sunr~ G-o ~, P.C. GI'egpry G. Carter P.l.S. ~'~C A'e1e~1F~,~i +vorpr ~a~arit+°wm?~bL?oNiNtaESC.aac ~'d sses.tee ' 18p$1 F7SI d6t=;p 9~ SS .~d~ ~• L ., _., ~ ADA COUNTY RECORDER d. DA1~,IIARRO AMOUNT .00 ~ ` ( , BOISE IDAHO 12/15/05 r"~ PfV~ ~ ' DEPUTY ycl~ Allen ~ ~~ RECORDED-REQUEST OF I Meridian Cfty ~~-~1' ~ •... -' This sheet has been addeaf ~® document to accomn7odat~ rscorelin~ inforrnatione s ., _ ' - ~ ~ j. DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Idaho Conference of Seventh-Day Adventists, Inc., Owner 3. Hawkins Companies, Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this /f '~?~ day of~(/o(ie 1~,,~1,r/t,, 2005, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called "CITY', and Idaho Conference of S eventh-Day Adventists, Inc., an Idaho nonprofit, religious corporation, hereinafter called, "OWNER" anal Hawkins Companies, hereinafter called "DEVELOPER". RECITALS: 1.1 WHEREAS, "OWNER" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and , 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owners" and/or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactmeYrt of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the re-zoning of land; and 1.4 WHEREAS, "Owners" and/or "Developer" has submitted an application for re-zoning of the "Property's" described in Exhibit A, and has requested. a designation of (C-G) General Retail District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owner" and/or "Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject `~roperiy" will be developed and what improvements will be made; and 1.6 WHE1tEAS, record of the proceedings for the requested re-zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, DEVELOPMENT AGREEMENT (RZ OS-008) wALGREENS PAGE 1 OF 11 5 t ¢ ~`~ include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 9~' day ofAugust, 2005, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred. to as (the "Findings"); and 1.8 WHEREAS, the Findings require the "Owner" and/or "Developer" to enter into a development agreement before the City Council takes final action on re-zoning designation; anal 1.9 "OWNER" and/or "DEVELOPER" deem it to be in their best interest to be able to enter into this Agreement and acknowledge that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, "City" requires the "Owner" and/or "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the "City" in the proceedings for re-zoning designation from government subdivisions providing services within the planning jurisdiction and from affected properly owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2• INCORPORATION OF RECITALS; That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3 • DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: DEVELOPMENT AGREEMENT (RZ OS-008) wAI,GggENS PAGE 2 OF 11 ~~ 3.1 "CI1"Y"; means abd refers to the City of Meridi Agreement, which is a municipal Corporation and ga ernm,ent subdivision of the State of Idaho, organized anal existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER": means anal refers to Idaho Conference ofSeventh-Day Adventists, Inc., an Idaho nonprofit, religious cozporation, ,whose address is 7777 Fairview Avenue, Boise, ID 83704, the patty who owns the said "Property" and shall include any subsequent owner(s) of the "Property", 3.3 "DEVELOPER": means and refers to Hawkins Companies, whose address is 8645 West Franklin Road, Boise, ID 83709, the party developing said "Properly" anal shall include any subsequent developer(s) of the "Property". 3.4 "PROPERTY": means and refers to that "Property" located in the County of Ada, Cityo f Meridian as described in Exhibit A describing the parcels to be annexed and 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 ~g AGREEMENT: 4.1. The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified, at Meridian City Code Section 1111_ 7-2 I~ which are herein specified as follows: Construction and development of either a conditional usepermit or a planned ~'e~P~nt application shall be submitted to the City of Meridian prior to a future development ~ the C-G Zone, and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this RZ OS-008 application, 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5• CONDITIONS GOVERNQVG DEVELOPMENT OF SUBJECT PROPERTY: DEVELOPMENT AGREEMENT (RZ OS-008) wALGREENg PAGE 3 OF 11 .... ~ - • ;- .. 5.1 "Owner" and/or "Developer" shall develop the "Property" in accordance with the following special conditions; 1. That no building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a Certificate of Zoning Compliance (CZC). 2. That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 3. That all future uses on the Properly shall be required to obtain a .Conditional Use Permit prior to consiruotion/operation, provided, however, that the Findings attached hereto as Exhibit B find that the requested C-G zoning designation and subsequent retail. usewith adrive- through is consistent with the definition of the C-G zone. 4. That the hours of operation on Ibis property shall be limited to 6 a.m. to 11 p.m., unless otherwise modified through a future Conditional Use Permit. 5. That vehiculaz access to this site shall be restricted to those approved by ACRD and the City, in accordance with the Findings. 6• COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreementand the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner" and/or "Developer" or'"Owner" and/or `developers" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of Subject Property" of this Agreement within two years of the date this Agreement is effective, and after fihe "City" has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7• CONSENT TO REVERSAL, OF ZONING DESIGNATION: "Owner" and/or `developer" consents upon default to the reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner" and/or "Developer" and if the "Owner" and/or "Developer" fails to cure such failure within, six (~ months of such notice. DEVELOPMENT AGREEMENT (RZ OS-008) wALGREENS PAGE 4 OF 11 ;~ • _.. i~ g• INSPECTION: "Owner" and/or "Developer" shall, immediately upon completion of any portion or the entirety of said development of the `Pro e ` p rty" 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 fihe "City" that apply to said Development. 9• DEFAULT: 9.1 In the event "Owner" and/or "Developer", ``Owner" and/or "Developer's" heirs, successors, assigns, or subsequent owners ofthe "Property" or any other person acquiring an interest in the `property" fail to faithfully comply with all, of the terms and conditions included in fihis Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance, 9.2 A waiver by "City" of any default by "Owner" and/or "Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIItE]V + NT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner's" and/or "Developer's" cost, and submit proof of such recording to "Owner" and/or "Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the "Properly" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the re-zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING; "City" shall, following recordation of the dul a Agreement, enact a valid and binding ordinance re-zoning the "Pro ~ y Pproved party' as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner" and/or "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. DEVELOPMENT AGREEMENT (RZ OS-008) WALGREENS PAGE 5 OB 11 _._ _.. (~ 12.1 In. the event of a material breach of this Agreement, the parties agree that "City" anal "Owner" and/or "Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching pasty`s seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting Ply shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either "Owner" and/or "Developer" or "City" is delayed for causes which aze 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 amoutrt of time of such delay. 13. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements, which the "Owner" and/or "Developer" agrees to provide, if required by the "City". 14. CERTIFICATE OF OCCUPANCY: The "Owner" and/or "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner" and/or "Developer" has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That " "Developer" agrees to abide all or ' Paz' and/or by d~nances of the City of Meridian and the "Property" shall be subj ect to reversal of zoning if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICE5: 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 DEVELOPMENT AGREEMENT (RZ OS-008) wALGREENS PAGE 6 OF 11 ~_.~ 4 } deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c% City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with. copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 OWNER: DEVELOPER: Hawkins Companies 8645 West Franklin Road Boise, ID 83709 Idaho Conference of Seventh-Day Adventists, Inc. 7777 Fairview Avenue Boise, ID 83704 Attn: Donald Klinger with copy to: Skinner Fawcett P.O. Box 700 Boise, ID 83701 Attn: Henry Rudolph 16.1 A party shall have the right to change ifs address by delivering fo the other party a written notification thereof in accordance with. the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition fo 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 DEVELOPMENT AGREEMENT (RZ OS-008) WALGREENS PAGE 7 OF 11 _... __ __. _. ... ~ !~ j separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 1 s• TIlVIE IS OF THE ESSENCE; The parties hereto aclcnowled a and 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 airy of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: 'This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. 'This Agreement shall be binding on the "Owner" and/or "Developer" of the "Property", each subsequent owner and any other person acquiring an interest in the `fro herein shall in any way prevent sale or alienation of the "Pro p~~' Nothing except that any sale or alienation shall be subj ect 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" and/or "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had. determined tl~,t "Owner" and/ar "Developer" has fully performed its obligations under this Agreement. 20• IlWALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21 • FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner" and/or "Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner" and/or "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, ~~ respect to "City" to a duly adopted ordinance or resolution of "City". ' 21.1 No condition governingtheusesand/or conditions governingre-Zoning ofthe subject "Property" herein provided for can be modified, or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning DEVELOPMENT AGREEMENT (RZ OS-008) wALGREENS PAGE 8 OF 11 _._ ._. (`~ 1 ~ ~ t 1 S designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT; This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with re-zoning of the "Property" and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS 1N WETNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. DEVELOPER: Attest: l C CLERK DEVELOPMENT AGREEMENT (RZ S C ANIES OWNER: IDAHO CONFERENCE OF SE NTH-DAY Y ADVENTISTS, INC., Owner CITY OF MERIDIAN :~~t~ . ~~ ~~ Ca~c~:e `2 ~ -05' '' 4 ~A 8~ ~ ~~ ~ir_ tt§.epsRr.O ~ _ `~~e 1 _. i~ STATE OF IDAHO, ) . ss: County of Ada, ) On this ~ day of ,~~, , 2005, before me, the undersigned, a Notary public in and for said State, personally appeared (, on behalf of Hawkins Companies, known or identifi to me to the ~, of said company, who executed the instrument on behalf of said company, and ac wledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ••.•~ :tAY d, ~ •., ,rte. ~~om.•e..~~ r'°~ •' OTA •~~ (SEAL) ~ x ~ Zs:• ~r ~, ~ ~ A~gytG '~~o~, e 9 ~''~.r8 OF Iq Q'p•` STATE OF IDAHO ~~°~O°°°`~~~ SS: County of Ada, ) Notary Public f I o Residing at: ~ (~ My Commission Expires: ~ . i On thisa'~~ day of ~py~.I ~,~ 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared 1 A. ~, n.G e~ on behalf of Idaho Conference of Seventh-Day Adventists, Inc., known or identified to me to be the ~~, f of said corporation, who executed the instrument on behalf of said corporation, d acknowledged to me that he executed the~same. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. _...amm~n.._ ,4.~~~~L~~~ ~ ~//~j 1~~ . /i U ~ ~®TAq~, 'ANt (SEAL) N; UB 1G ._ L . i • i Notary Pub for I Residing at• My Commission Expires: ~2a. ,~j~ ~ DEVELOPMENT AGREEMENT (RZ OS-008) wALGREENS PAGE 10 OF 11 !~ ,~ ! .~ , STATE OF IDAHO ) ss County of Ada ) On this ~,y of ~~~,~Vl,y~/C> 2005, before me, aNo Public, personally appeared Tammy de Weerd and William. G, Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the inet,wnent or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) Notary Public for I o Residing at: `Y~,(, ~~ Commission expires: ~J ~} - / ~'~ DEVELOPMENT AGREEMENT (RZ OS-008) WALGREENS PAGE 11 OF 11 ~~~ SIT A Walgreens on Te>R Mile Road RZ-OS-008 --... - Legall3escripiion • ~ . • ~ IDAHO _ SURVEY tasn 6arvs~,,~,._ Sofia 1~ GROUP Mc-w,~~.w~,cae~ Prone t7tt8) g~837p Projact No. 05-013 ~' izour eeis794 AprA is, 2006 7EN MILE ANp DESCRiPT10N FCR CHERRY JANE PARCEL R1=,Zp~ i HR(NKINS C'GMPANIBS B.M.. M~ten'Ada Cauno~~d In the SW114 of the SW9/4 of Section 2, T.3N., tY. Idaho mo(+g parttculaQy described as follows: R.1 W., gEc;itNNING at the SW comersaid Section 2: 345.50 feet; thence alone the Weal boundary qne of said SscOon 2 North 00°19'07' t=ask thence leaving said East boundary Tine South 88°38'31" Fast, 817.50 feet; thenoa Sau1h 00°19'87° W~ g0A0 feet; thence South 888'31 • Erik 900.0!) feet; of said Se the~nSougy p0°i9'07" l-i/~ Z95.50 feat to a point on the South bounds ry pne X17.50 fee to Ong fbe South tloundary tfi® of said Seaton 2 Nartb 68°38'31• W ftte REAL PclINT OF l3EOINtQINt;, containing 3.20 acres. more or less I ~'' Ida, Cro , P_C. 1 .t~, . ~~~" _'~~ . ~ ~ ~or~° C'regory q der P.L.S s`~ ~oJQ~v-~'~ ~o+u~ro las.o~Arip~au~w,blzpnescdoe z'd eses•sae I~azr e8I dgYsyp g0 SI Jdy • . CITY OF MERXDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for Rezone of 3.2 Acres from R-4 to C-G AND Gonditaonal Use Permit Approval for a New 14,490 Square-Foot Retail/Pharanacy Building with Two Drive- Thraugh Lanes, by Hawkins Companies. Case No(s). RZ-OS-008, CUP-•OS-029 For the City Council Hearing Date of: August 9, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks priox to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. The matter was duly considered. by the City Council at the August 9, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set fozth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staffreport. 3. Application and Property Facts CTTY OF MERIDIAN FIl~TDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-OS-004, CUP-OS-012 -PAGE 1 of 4 • a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these f ndings is the Idaho Conference of Seventh-day Adventists, Inc. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibits E and F for the findings required for each type of application. ~. 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 Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, 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 adapted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 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 Ciry 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 and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan Dated June 7, 2005 as shown in Exhibit B, and Conditions of Approval in Exhibits C and D. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Faet which are herein adopted, it is hereby ordered that: 1. The applicant's rezone as evidenced by having submitted the Survey and Legal Description in Exhibit A is hereby conditionally approved; 2. The applicant's Site Plan as evidenced, by having submitted the Site Plan dated June 6, 2005 is hereby conditionally approved; and, CITY OF MERIDIAN FINDINGS OF FACT, CONCLTJSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-OS-004, CUP-OS-012 -PAGE 2 of 4 i ~ 3. The site specific and standard conditions of approval are as shown in Exhibits C and D. D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted, within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-4.B.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such r~uest 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. FXease 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 maywithintwenty-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. Exlu~bits Exhibit A: Legal Description Exhibit B: Approved Site Plan Exhibit C: Rezone Comments CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-OS-004, CUP-OS-012 -PAGE 3 of 4 Exhibit D: CUP Conditions of Approval Exhibit E: Zoning Amendment Findings (R.ezone) Exhibit F: CUP Findings By action of the City Council at its regular meeting held on the ~~` da of 2005. y COUNCII, MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER CHRISTINE DONNELL VOTED COUNCII. MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD ~ VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Weerd Attest: G. Berg, Jr., Copy served upon Applicant, o SEAL - erk 4 9 ~~ -= ,,,qty ~Q. .~ The Pl ~~ „~~~ ~°~ ~ g~l5epartment, Public Works Department and C'ty Attorney. B ~ Dated: $" ,~ - ~~ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-OS-004, CUP-OS-012 -PAGE 4 of4 ~+ XH.ZBTT A Walgreens on Ten Mile Road RZ-05-008 _. Legal Description ~~•~•~ ~ IDAHO i9~o ''~ *`'_. SURVEY s°r~ r,r~ Phone i~a~ 896-$~-7U Fax t2Rtlt B~S•5344 Project Np. OS--013 April 15, 2005 TEN AIItLE AND CHERRY I~.ANE PARRCEL REZONE HAWKINS C't3MAgNIES ~ A parcel of land located in the SWi B.M., Meridian. Ada County, Idaho more part cuia~rly de9Crtbed asafollows~. T.3N., Ft_i W., BEGINNING at the SW corner Said Section 2; thence along the Vl~est boundary line of said Section 2 North 00'7g'07° East, 345.50 feet; thence ieavi~ng said East boundary line South 88°3S'31" Easi, 317.50 feet: thence South 00°19'07" Wit, 50Afl feet; thence South 88°38'31 ° East. 100.00 feet; thence South 00°99`07" West, 255.50 feet to a point on the South boundary line of said Section 2; thence along the gout boundary line of said Seet(on 2 North S$°38`37°' West, 417.50 feet to the REAL PAINT OF BH©INNING. containing 3.2p a~eS, more or less. • Prepared by; ~~~ ~.- Idaho Survey Gro . P_C. r A• F~ 6'~ , ~, .: e~,~~S~K yCE~ rr~~ ,4~ Gregory G. Carter, P.!_.S. suss ~~i•~~ Yrry:atb tosn~appau+n.ncrozowrwryo~sc:,acr ~'d sses~~•ee iaaar flSI d6T =frt] SO ST ~d~ • I Y i i 9 4 i } g ~ i ~ ©C i i ~{p ~~ ~~~~ a '° ~ Y i J I ~ --19 II ~~~~~~ ~~~4 ~ ~~ Z 0 A G r ~~~~ ~~~~rn NM~4 ~ 2 O ~ ~ ~ ~ ~ ~~~A ~ s ~~ ~ ~ ~~~ ~, yam b~ x~~~ o- 8 `"'a ` F , ~ a• ~? '~ ~•Yr-, ~~ q . _ ._sj, ..•~ 4 1. I - . F 9t ~- % ~ , ~~ ,F ~ "~ ~' ~rs"i ~ '"k ~ i"A:' ~G,i ' r i t I~ ~~~~ ~ ~~~~ ~ ~ ~ r ~~ ~ ~ ~ I~ ,f ~ ~y~_ B ,~, !p ~~ : M :` iI . .`r•r. Y .. ~ ~~ . Walgreens on Ten Mile Road CUP-OS-029 Approved Site Plan i Iii ~'{ ~.- ~ =' a- _~~ ~ i ~; ~• a I '~ E.:.::~. •:~ EXHI13iZT B ire ~~~ ~=~~~~' :~::'~.~`..,. ----~ ~~ i ill ~:}~ffi "~~ -~ ~` ~a~:; ;~ ~- r: s ~ i r,~, ~' C ~~ a: A ~ ~ ii ~ ~ :~ .a, o- a 4S ~~-~~--^ - __ l• t ~~~. airm,va't ~:an~wla~ t r~ ~~ 'aa ~, a ~' ' ` e! " ~ ~q ~ • ~ C ~ ~ ~ ~ ~' ~ ~ ~, ~ ~ ~i ~~ ? .r; ~~~4~4~ ~i: i aax~g ic_-s d E.~IBTT C Walgreens on Ten Mile Road RZ-OS-00$ Rezone Comments Recommended deletions are sfi~ik~~ and additions are in bold and underlined. ZONING AMENDMENT COMMfiNTS (,Rezone 1 • The subject property is within the Urban Services Planning Area. 'The public Works Department has confirmed that the submitted legal description meets the requirements of the City of Meridian and the Idaho State Tax Commission. 2. Prior to the rezone 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 licant shall contact the City Attorney Bill Nary at 888 4433 to initiate this,process~. The DA shall incorporate the following; • That no building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a Certificate of Zoning Compliance (CZC). • That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • That all future uses on the property shall be required to obtain a Conditional Use Permit prior to construction/operation. • That the hours of operation on this property shall be limited to b a.m. to X11 p.m., unless otherwise modified through a future Conditional Use Permit. • That vehicular access to this site shall be restricted to those approved by ACRD and the City. EXH)[>~IT D Walgreens one Ten Mile Road CUP-O5-029 CUP Conditions of Approval SITE SPECIF'TC CONDITIONS 1. The site plan prepared by Hawkins Companies, labeled 1~ ~~ dated ~- A3~ 7-26-;05 is approved as submitt~. The landscape plan prepared by South Landscape Architecture, P.C., labeled L-1.0, dated 3-l l-OS is not approved as submitted. With the Certificate of Zoning Compliance (CZC} application, submit a~site plan and a revised landscape plan that show the requested right-of- way dedication and reflect the other changes noted in the conditions below. 2. Prior to issuance of a Certificate of Zoning Compliance (CZC) for this site, the applicant shall submit written documentation that includes consent from the property owner to the north (currently Vance) to construct an off-site driveway to Ten Mile Road. Documentation providing reciprocal cross-access for bath property owners to use said driveway shall also be provided. Further, the applicant shall approach the other property owner to the north (Parcel No. S 1202336314) about removing the southern driveway they have to Ten Mile Road and utilizing the proposed shared driveway as well. Zf the proposed shared driveway to the north does not get built for any reason, an all weather access road must still be maintained to provide access for City of Meridian maintenance crews to the well house. 3. The submitted landscape plan prepared by South Landscape .Architecture, P.C., dated 3-11-OS is not approved as submitted. The applicant should submit 10 fiill size copies and one 8.5" x 11" copy of a revised landscape plan to the City Clerk at least IO days prior to the City Council hearing. The following modifications should be included in the revised plan: a. Construct a 25-foot wide landscape buffer along Ten Mile Road and Cherry Lane, located entirely outside of the right-of--way. The sidewalk for Cherry Lane and Ten Mile Road may not be counted as part of the landscape buffer width, In accordance with MCC 12-13-10, install one tree within said buffer for every 35-feet of frontage on the Cherry Lane and Ten Mile Road. b. Construct a 25-foot wide landscape buffer along the east property line. The easternmost edge of the driveway to Cherry Lane shall be located a minimum of 25-feet from the east property line, and not encroach into the landscape buffer. Said buffer shall contain materials in accordance with MCC 12-13-12-3. c. Replace the existing wood fence along the east property line and construct asix-foot tall CMU wall, as proposed. Construct afour-foot tall CMU wall along the north landscape planter, as proposed. Exhibit D d. Construct a ~1-6-9-foot wide landscape buffer with trees anal shrubs between the retail use and the existing home to the north, as proposed. Said landscape buffer is approved with alternative compliance. e. Construct internal planter islands within the parking area to prohibit 13 or more continuous parking stalls. Each interior planter shall be landscaped with at Ieast one tree and shall be covered with low shrubs, lawn, or other vegetative groundcover (MCC 12-13-11-3). f. Construct a minimums 5-foot wide landscape strip from the north property line and the drive aisle (adjacent to the Ciry well lot). Plant a minimum of one tree per thirty-five feet and shrubs, Lawn, or other vegetative groundcover within said landscape strip (MCC 12-13-11-2). g. The applicant shall work with the City Arborist, Ekoy Huff, on designing, adopting, and implementing aprotection/mitigation plan for the existing trees on site. h. The applicant shall construct additional screening for the White property to north, including a 4-foot fence along the southern property line of the White property (Parcel No. 51202336314), as proposed. 4. The area shown for future development on the submitted site plan shall be .Droved with sra~t31 fort er use is determined ,This future pad site does not currently have its own lot and a division of the property will be required prior to issuance of a building permit for a second principal structure on this site. 5. No signs are approved with this CUP application. All business signs require a separate sign permit in compliance with the sign ordinance. A11 signage shall be in accordance with the standards set forth in this report and Section 11-14 of the City Zoning and Development Ordinance. 6. Meridian City Code requires that this site be served with a pressurized, underground irrigation system. Use ofnon-potable irrigation water is required when determined to be available by the City Public Works Department as regulated by MCC 9-1-28. If a creek or well source is not available, asingle- point connection to the municipal water system shall be required. If a single-point connection is used, the developer shall be responsible for the payment of assessments for the irragable common areas prior to signature on the final plat by the Meridian City Engineer. 7. At the public hearing, the applicant shall update the Commission on the outcome of the meeting with the Meridian Police Department regarding means of increasing visibility to the drive-through facility. 8. Sanitary sewer service shall be from the city of Meridian's existing systems adjacent to the site. Upgrading of existing service lines may be necessary to provide a level of service different from the current church use. The future pad site is being shown to be served by a stub from an existing main in W. Cherry `2- Exhibit D \._ J Lane. No sewer main exists at dais location. The applicant will be required to install any new mains that maybe required to provide service. The applicant sha11 coordinate main sizing and routing, for any needed main, with the City of Meridian Public Works department, or submit detailed design plans for how the applicant proposes to service the future pad site with sewer. 9. Water service to this site is being proposed via an extension of service lines from water mains located in the private drive abutting the north side ofthis project. The applicant shall construct any water mains necessary to service this proposed development. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Coordinate main size and routing with Public Works. 10. Any future change of use on the property shall require conditional use permit approval. 11. Comply with the conditions and comments of all City Deparianents, and other agencies. 12. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy maybe obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 13. If construction has not begun within 18 months of City Council approval, a new conditional use permit must be obtained prior to the start of development. 14. Outside lighting shall be designed and places in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 11-13-4.C. 15. A drainage plan designal by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas, Storm water treatment and disposal must 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. -3- Exhibit D 16. Applicant's (or successor's) failure to comply with arty of the tertms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. OTHER AGENCY COMMENTS & CONDITIONS MERIDIAN PUBLIC WORKS DEPARTMENT 1. 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. Z. Applicant shall be required to pay Public Works development plan review, and conshvetion inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 3. Tt 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. 4. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 5. Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 6. All grading of the site shall be performed in conformance with MCC 11-12-3H. 7. 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. 8. Any existing domestic wells and/or septic systems within, this project shall be removed from domestic service per City Ordinance Section 9-1-4 sand 9-4-8. Wells may be used for non~domestic purposes such as landscape irrigation. 9. All imigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. 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. Tf lateral users association approval can't be obtained, plans shall be reviewed and approved by the meridian City Engineer prior to final plat signature. 10. Please submit all updated groundwater/soils monitoring data to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 100-year storm events, and -4- Exhibit D for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. Any portion of a drainage azea not improved with sod/grass seed (or other approved. landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design. and construction phases. The engineer shall be required. to certify that the street centerline elevations aze set a minimum of 3-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 11. 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 Deparlxnent prior to commencing installations. MEERIDIAN PARKS DEPARTMENT 1. Standazd for Mitigation of trees: The Standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standazd established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed. MERIDI.~ly FIRE DEPARTMENT 1. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Depariraent for bacteria testing. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire I~ydrants shall have the 4 %" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 1 S" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the 1FC Section S09.S. -S- Exhibit D 3 • All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. 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. 5. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.b Signs. 6. Insure that all yet undeveloped parcels are maintained £tee of combustible vegetation. 7. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 8. 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. 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. I0. The office%ommercial lots iot will have an unknown transient population and will have an unknown impact on Meridian Fire Depardnent call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3$00 by the year 2010. 1 I . Maintain a separation of 5' from the building to the dumpster enclosure. 12. Provide a Knoxbox entry system for the complex prior to occupancy. 13. All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 14. Provide exterior egress lighting as required by the Intemational Building & .Fire Codes. 15. Where a portion of the facility or building hereafter constructed or moved into or within. the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measures by an approved route amend the exterior of the facility or building, on-site fire hydrants and mains shall be provided. where r~uixed by the code official. For buildings equipped throughout with an approved automatic ~~' system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). -6- Exhibit D • a. For Group R-3 and Graup U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sy installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 16. There shall be a fire hydrant witbin.100' of all fire department connections. 17. This project has no fire department concerns. MER1bIAN POLICE DEPARTMENT 1. The proposed drive through has limited visibility from a public street. Prior to the next public hearing, the applicant shall meet with the police Chief to discuss methods of increasing visibility to the facility. SANITARY SERVICES COMPANY 1, Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. NAMPA SG MERIDIAN IRRIGATION DISTRICT 1. Nampa & Meridian Irrigation District has no facilities that will be impacted by this proposed project, If all storm drainage is retained on-site there will be na impact on Nampa & Meridian Irrigation District and no further review will be required. However, if any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires that a Land Use Change Application is filed for review prior to final platting. 2. All laterals and waste ways must be protected. 3. The developer must comply with Idaho Code 31-3805, 4. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. SETTLERS' IRRIGATION DISTRICT 1. All irrigation/drainage facilities along with their easements must be protected and continue to function. The facility involved is the Settlers Canal (40' easement) located along the south boundary of the property. Z. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement MUST be signed and recorded prior to construction of any S.I.D. facilities, or within its easements. -7~ Exhibit D 4. Construct a 30 to 35-foot wide curb return driveway on Ten Mile Road located at the north property line as proposed; provided that the ad'oinin (Vance) has agreed to a portion of the driveway being constructed on his owner Submit written documentation from that owner for consent and cross access.I flan agreement is not reached with the adjacent owner, then the driveway will need to be shifted to the south and the applicant will need to submit revised drawings and the driveway location and function will need to be re-evaluated. 5. Close any curb cuts or driveways that have not been approved with this application, with curb, gutter and sidewalk to match existing improvements. 6. Comply with all Standazd Conditions of Approval. STANDARD CONDrrIONS OP APPROVAL 1 • Any existing irrigation facilities shall be relocated outside of the right-of--way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of tb.e proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPRTC Standazds and approved sappleinents, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revisal plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. -g_ Exhibit D 9. ,It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACRD shall repair. existing utilities damaged by the applicant The applicant shall be r 800-342-1585} at least two full business da ~uu~ t° Call DZGLJNE {1- ACHD right-af--way. The applicant shall ntaet ACHDeT~~ ~p~ratio~ _ 6190 in the event any ACHD conduits (spaze or filled} are compromised during any phase of construction. 10. 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 aPPli~.t'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. 11. Any change by the applicant in the planned use of the prop~y 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 tirne 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. 10- • E_X1~IT E Walgreens on Ten Male Road RZ-OS-OOg Zoning Amendment Findings (Rezone) STANDARDS FOR ZONING AMENDMENTS The Commission and Council shaIl review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall Iliad adequate evidence answering the following questions about the proposed zoning amendment (11-15-11): A• Will the new zoning be harmowious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive plan amendment; City Council finds that the 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Public/Quasi_public." Public, Quasi-Public, and Open Space areas are designated to preserve and protect existing private, municipal, state, and federal lands for area residents and visitors (Page 99, Comprehensive Plan). However, the Comprehensive Plan was recently amended with Resolution No. 04-454, which states that upon redevelopment of properties designated for public, quasi-public, and open space, a change in designation and use may be appropriate. The redevelopment of these areas should be guided by the intensity of the existing use, the underlying zoning of the property, the surrounding land uses, the location of the property, and transportation issues associated with the proposed development of the property. The appropriate land use designation and accompanying zoning for these areas will be determined by City Council on a case by case basis. While the Comprehensive Plan Future Land Use Map does not explicitly support a commercial zoning of this property, City Council finds that there are several Comprehensive Plan policies that support evaluating this site for a zone not specifically envisioned by the Map (see below). "The Meridian Comprehensive Plan is an official policy guide for decisions concerning the physical development of the community.. It md~cates, in a general way, how the community may develop in the next five to ten years." (Chapter I, Section g of the Comprehensive Plan)' Furthermore, in Chapter VII, Section C, "Future Conditions" states the following: "Figure VII-2 [The Comprehensive Land Use Map] depicts desired future land use categories and their location within the Impact Area. The areas depicted on the map are conceptual and, therefore, will require further analysis prior to the creation of a zoning map," ~b~t ~ r~ City Council believes that the public/quasi-public designation was placed on this property in 2002 when the Comprehensive Plan was adopted because it was functionixig as a church. The Comprehensive Plan did not originally anticipate any churches redeveloping with non-public/quasi-public uses; Resolution No. 04-454 does accommodate for redeveloping churches. Further, the other three corners of the Ten Mile RoadlCherry Lane intersection have developed with non-residential uses. Due to the development patterns of the surrounding azea, City Council believes it would be appropriate to extend the commercial designation from the southwest (Albertson's) to this property. City Council further finds that a commercial zone/use could harmoniously co-exist with the residential uses to the north and east as well as the commercial uses to the south, west and southwest. However, due to the close proximity of the single-family homes, City Council is recommending that any future use on this site be required to obtain CUP approval. The applicant has requested GG zoning (General Retail and Service Commercial District) for this property. The purpose of the C-G zone is to `provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public." MCC 11-7-2 City Council finds that the requested C-G zoning designation and subsequent retail use with adrive-through is consistent with the definition of the zone. City Council believes that the quasi-public area that will be converted to commercial with the approval of this application will be relocated to Slack Cat Road where the church intends to construct a new building. The church has submitted an annexation application to the City requesting that 5 acres of laud located on Black Cat Road, south of Cherry Lane, be annexed and zoned to L-O for a new church (AZ-05-024). City Council believes that if both zoning amendments are approved, the designated public/quasi-public area designated on the Future Land Use Map for this site will be preserved, just in an area approximately one mile to the west. City Council also finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (analysis is in italics below policy): • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal N, Objective D, Action item 2) On the submitted site plan, the applicant is proposing direct access to Cherry Lane and Ten .Mile Road, both arterial streets. The .4CHD has tentatively approved a right in/right--out only access to Cherry Lane and a full access to Ten Mile Road. The full access approval to Ten Mile Raad is conditioned on 3 Exhibit E the applicant obtaining consentfrom the property owner to the north (Nance) to construct a portion of the driveway on has property. See comments from ACRD for further analysis. • "Require appropriate landscape and buffers along transportation comdors (setback, vegetation, low walls, berms, etc.)." (C~pt~ ~~ Goal IV, Objective D, Action item 4} .~y City Ordinance, a 25; foot wide landscape buffer is required adjacent to Cherry Lane aril Ten Mile Road (MCC 12-13-IO-4. Twenty-five foot wade buffers, exclusive of rzght-of-way, should be constructed adjacent to the arterial streets. "Re9.uire ~ commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective b, Action item 5) In order to operate a commercial business on this site, the applicant will be required to construct landscaping along Ten .Mile Road, Cherry Lane, adjacent to the single family residences, and internally. The applicant has asked for an alternative to compliance with the standard 25 foot wide landscape buffer requirement to the north. "Require that development projects have planned for the provision of all public services" (Chapter VII, Goal III, Objective A, Action items 1 and 4) On May 27, 2005, a joint agency/department comments meeting was held -with representatives of key service providers to this property. .In that meeting no deficiencies of public services to serve this property were raised. • "Plan for a variety of commercial and retail opportunities within the Impact .Area." {Chapter VII, Goal 1, Objective B) City Council believes that the proposed zone does contribute to the variety of uses in this area. Ci Council nds that the ew zonin to C-G n be harmonious with and in a cor n e w'th t e Comprehensive Plan as amended by Resolution No. 04 454 t the a li ant en ers into a elo meat a Bement and all the corta'~f a~rproval for the concurrent conditional use permit are complted wit B. Is the area included in the zoning amendment intended to be re-zoned ln, tl~e future; 4 Exhibit E City Council finds that the proposed re-zone and accompanying development plans generally comply with the requested zone and City Council does not anticipate that the property will be rezoned in the future. C• Is the area included iu the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning-for example, a residential area turning into a commercial area by means of conditional use permits; Retail uses are principally permitted (allowed) in the requested C-G zone. However, drive-in/drive-through establishments require CUP approval in all commercial zoning districts of the City (MCC 11-8-1). City Council finds that the applicant has concurrently submitted detailed development plans for a Conditional Use Permit for the proposed dual drive-through lanes with the rezone request. City Council further finds that the proposed retail use with adrive- through will only be allowed with the approval of the requested CUP (CUP-05- 029). D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; The arterial streets adjacent to this site have been widened to five lanes adjacent to this site. Ten Mile Road, from Franklin Road to Ustick Road, is currently within ACHD's Five-Year Work Program for reconstruction. City Council finds that the other three corners have been developed in a fashion similar (non- residential) to the proposed development. Further, the recent annexation and zoning of several residential subdivisions in this area have made the current church building too small for the growing congregation. City Council finds that these factors dictate that the subject property be rezoned and developed commercially. E• Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; . City Council has included conditions related to design, construction, operation and maintenance that City Council believes will allow the proposed use(s) to be consistent with the existing character of the general vicinity, City Council believes that the character of the area will change with the approval ofthe subject applications; however, City Council believes that the change is appropriate. F'• Will not be hazardous or distarbing to existing or future neighboring uses; 5 Exhibit E L_J City Council finds that a 24-hour drive-thro the existing residents in the area. However, if dscape buffers and accessb oints are installed, and the hours of operation are limited, City Council finds that the requested rezone and subsequent commercial uses and drive-through should not be disturbing to the existing or future neighboring uses. To ensure that any future use on this site will not be hazardous or disturbing, any ;future change of use on the property will also require conditional use permit approval, and adjoining property owners will have an opportunity to comment. ~• R'ill be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for tb-e establishment of proposed conditional use shall be able to provide adequately any such service; Gn May 27, 2005, a joint agency/department comments meeting ,Was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departarents, City Council finds that the public services listed above can be made available to accommodate the proposed development. Sanitary sewer and water aze currently available to this site. Water mains are located in both Ten Mile Road, and W. Ch arty Lane. Sewer mains are located in N. Ten Mile Road. The applicant and/or future property owners will be required to pay any applicable park and highway impact fees as well as construct on-site storm water drainage facilities. City Council finds that the proposed uses can be adequately served by all essential public services and facilities, H• Will not create excessive additional requirements at public evst for public facilities and services and will not be detrimental to the economic welfare of the community; City Council finds that the requested zoning/uses will not create excessive additional requirements at public costs for public facilities and services. Additionally, City Council finds that the proposed rezone would not' be detrimental to the economic welfare of the community, . I- Will not involve uses, activities, processes, materials, equipment, and conditions that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; if the subject rezone application is approved, the applicant intends to construct a retail building with adrive-through and a future retaiUbank building on this site. 6 Exhibit E Based on the traffic impact study prepared for this development, the site is anticipated to add 1,115 new vehicle trips to the road network at full build out. City Council finds that the proposed use and zone will generate additional traffic on adjacent roadways above and beyond the existing church. City Council recognizes that traffic and noise will increase with the approval of this development; however, City Council does not believe that the amount generated will be detrimental to the general welfare of the public. City Council does not anticipate the proposed zone and subsequent use(s) will create excessive noise, smoke, fumes, glaze, or odors. Tf all conditions of approval are complied with, City Council finds that the proposed zoning/use should not be detrimental to people, property or the general welfare of the area. ~'. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; On June 8, 2005, the ACHI7 Board of Commissioners approved two vehicular access points for this site. Although neither of the access points meets the DlStrtct'S policy for location, the Board approved aright-in/right-out driveway to Cherry Lane and a full access driveway to Ten Mile Road. City Council finds that the approved vehicular approaches to the property should not interfere with general traffic patterns on the adjacent public streets. Please refer to the ACRD report for more details on access to this property. The proposed site plan shows two drive-through lanes and an escape lane on the east side of the proposed building, City Council is supportive of the layout for the proposed drive-through lanes and proposed traffic flow pattern for this lot, as stacking vehicles should not interfere with internal traffic flows or traffic flows on the adjacent streets. K. Will not result in the destruction, loss or damage of a natural or scenic feature of ma3or importance. City Council is unawaze of any natural of scenic features of major importance on this site and finds that no natural or scenic features of major importance will be lost or damaged by approving the rezone application. L. Is the proposed zoning amendment in the best interest of the City; In accordance with the findings listed above, Ci cil finds that the ro ed zonin o this ro would a in the best inter t of a Ci . 7 ETI' F Walgreens on Ten Mile Road CUP 05-029 CUP Findings STANDARDS FOR CONDITIONAL USES The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the .hearing(s) is adequate to establish (11-I7-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, Parking, landscaping and other features as may be required by this ordinance; All proposed building setbacks meet the minimum standards outlined in Titles 11, Meridian City Code. City Ordinance requires one (1) off-street parking space per 200 square feet of retail use. The proposed retail building is 14,490 requires seventy-two (72) spaces for the retail use; 80 spaces are proposede project The required landscape buffer between the proposed retail use and the residences to the north and east is 25-feet. A 25-foot wide buffer is proposed to the east. Meridian City Code requires that within three (3) years, six more of the vertical surface is closed and prevents the passage of vis~ion6through it. The applicant is requesting alternative compliance to the required landscape buffer to the north. The applicant originally proposed to retain the wood fence along the east boundary. At the neighborhood meeting, an adjacent neighbor, stated that the three residences to the east would prefer to have a CMX.T wall, The applicant has agreed to replace the existing wood fence and construct a CMU wall along the east property line, up to the well lot. City Council finds that the subject property is large enough to accommodate the required yards (setbacks), open spaces, parking, landscaping and other features required by the ordinance for retail uses. However, the applicant is requesting alternative compliance for the land use buffer to the north. _ li. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; Please see Standards for Zoning Amendment "A". The proposed site plan shows two drive-through lanes and an escape lane on the east side of the proposed building. City Council is supportive of the layout for the proposed drive-through Exhibit F lanes and proposed traffic flow pattern for this lot, as stacking vehicles should not interfere with internal traffic flows or traffic flows on the adjacent streets. City Council finds that if the applicant complies with all conditions of approval noted in this report, the development will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of the Zoning Ordinance. C• That the design, construction, operation, and maintenance wilt be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; Please see Standards for Zoning Amendment °`A". D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; If the applicant complies with all conditions of approval, City Council does not anticipate that the proposed development will have an adverse impact on other property in the vicinity, . ~. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Please see Standards for Zoning Amendment "G". F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services, and will not be detrimental to the economic welfare of the community; Please see Standards for Zoning Amendment "H" G. That the proposed use will not involve acdvitles or processes, materials, equipment; and conditions of operation that will be detrimental to any persons, properly, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Please see Standards for Zoning Amendment «P>. $. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 3 • a ~ • Exhibit F Please see Standards for Zoning Amendment "J" 1• That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. City Council does not believe that the proposed development will result in the destruction, loss or damage of a natural, scenic or historic feature of major importance, 4 • • November 3, 21~b MERIDIAN CITY COUNCIL MEETING November 8, ZOOb APPLICANT ITEAA NO. 5~H REQUEST Pathway Easem®nt Agreement for Tustin Subdivision with Dyver Development AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See a#tached 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: Emaited: Date: Phone: Staff Initials: Materhrb presented at pubHe meetb~gs shall become properly of the CNy o! Meridian. _. ___ -_, ~' • •• PmjedMmngemeul/Site Development / Feasibility Molysis Letter of Transmittal Date: 10/20/2006 From: Dianne Jossis Re: Tustin Subdivision • ~p~~s To: Doug Strong Meridian 11 W. Baller Street Meridian, Idaho 83642 We are sending you: d ~ ~ ~~~~ ~;i%~ ~t° IVTet~~~ ~'it~ Cl~rl~ C~~e No. of Co ies: Descri tion: 1 Tustin Pathwa Easement A reement -For our Si nature These are transmitted as checked below: ^ For Review & Comment ^ For Your Approval ^ Make Changes Noted ® Sign & Return Original ^ Copy for Your Records^ Original for Your Records ^ Sign & Return Copy ^ Remarks: Mr. Strong, Attached is the Tustin Pathway Easement Agreement for your signature. Upon signature it is my understanding that this document is required to be recorded. If we need to do this, please contact our office and we will pick up the document for re~rdation. Thank you. Copy To: Signed; Conger Management Group 405 South 8~' Street, Suite 290, Boise, ID 83702 Phone (208) 336-5355 Fax (208) 336-2282 • • ADA COUNTY RECORDER d. DAVID NAVARRO AWIOUNT .QO BOISE IDAN01112?lOli 08:29 AM DEPUTY Bonnie Oberbilgg III I,II'II'II'I'IIII'I'IIIII'I~III ~II RECORDED~REQUEST OF Meridian Citq i ~~ i Ei~581 PATHWAY EASEMENT AGREEMENT ..._ _ . ~~PATHWo~~~~X EASEMENT AGREEMENT (th® "Agreement") is made and entered into this .-day 2006 by and between Dyver Aevelopment LLC, an Idaho limited liabihty company ("Grantor', and the City of Meridian ("Grantee"). WHEREAS, Grantor is the owner of certain real property and desires to establish a public recreational trail; and, WHEREAS, Grantor and Grantee both desire to enter into this Pathway Easement Agreement to describe the easement granted and to establish the relative rights and obligations of the parties. NOW, THEREFORE, Grantor and Grantee agree as follows • l . GRANT OF EASEMENT. Grantor herebygrants, oonvriys anal pxvvides a perpetual, non-exclusive easement ten (10) feat in width across Grarrtofs propertyy for the purpose of providing a public recreational trail located within a parcel legally descrl'bed as set forth on Exhibit A, incorporated herein by this reference (the "Easement")•• 2. USE AND P[JRPOSE OF EASEMENT. Except as otherwise permitted by Grantor, tho Easement shall be used solely for the operation, maintenance and repair of a pathway for pedestrian and non-motorized recreational uses that shall be open to use by the general public (th® "Pathway"). 3. MAIl~TTENANCE. Grantee shall b~ responsible for imai~ats»ance and repairs of Pathway within the Easement and sha11 preserve and pt~tect, to the extent possible, the underlying lands of Grantor from erosion or other damage related to the public's use ofthe Easement. The Homeowner's Association of Tustin Subdivision shall be responsible for mairtenance of all landscaping adjacent to the Easement and within the parcel in which the Easement is located. 4. ENFORCEMENT. Gramee shall enforce the rules and standards of behavior pertaining to use of the Easement by means of those ordinary powers of which it may reasonably avail itself, including the power of an~.st, provided, however, that Cnantea undertakes herein no specific obligation to patrol the Pathway. 5. NOTICES. Any aad all aotice required to be given by either of the parties hereto, unless otherwise slaxed in this A,grnement, shall ba in writing and deemed communicated when mailed in the TJnited States mail, certified, return s+eceipt requested,' addressed as follows: Grantor: Dyver Development LLC 197.7 Overland Road P O Box 369 Meridian, Idaho 83680 • Cxranteo: City Clerk City of Meridian 33 Ease Idaho Meridian, Idaho 83642 d. ASSIGNMENT. Crmrrtee may assign its rights hereunder to anotb~er government entity or orgaui7ation if deemed appropriate by Grantee, which assignment shall be subject to prior approval by Grantor. 7. GOVERNING LAW. This Agreement and any instrument executed im accordance herewith sha11 be canatrued and govoraed by and in accordance with the laws of tho Stato of Idaho. 8. COST OF LITIGATION. In the event of litigation, the prevailing parry will be entitled to the award of costs and reasonable attorney fees in addition to such ather.relief available at low or inequity. 9. ENTIRE ACxREEMENT. This Agreement constitutes the entire ageement between the parties and no warranties, agreements or r8presentations have been made or shall be binding upon either party unless herein set forth. IN WITI~TESS WHEREOF, the parties heieto Have executed this Agreement as of the date first sat forth above. GrRAN'TOR Dyver Development L By: Corot' Barton, Mc~mbe~r GRANTEE City of Meridian ...~~ By: ~i~l~ Its: ~ 3~~W-fYtQr~~W-~++~,r,,,,, ~~~~', p ~' ~ ~~ Its: ~7~y~`~`~//v ~^"'' "~' - 6 ///rL~~ M _ ~/ :• ~ • STATE OF IDAHQ ) )~ County of Ada ) (Jn this l-~ day of OC.~. 20Q6, before me, a Notary Public in and for said state, p•r~nally appeared Core -known or identified to me to be the ~ ~ of l7yver evelopment I.I.C, an Idaho limited liability campaay, and aclmowl d to me that he/she ex~uted the said instrument on behalf of l]yver Development I,.J.C, and that 1Tyver Developxnemt LLC executed the same. IN WITNESS 'WHEREOF, I have hereunto set my hand aad a~c~l my ofI•icial seal the date and year ~~) written. °0'e'serr STATE OF'lDAHO ) - ~ ) ss County of Ada ) Notary Public for Idaho Residing at Commission expires: O -D~ -~3~7}'c"~ On this ~ ~' day of ~~1/. , 2006, before me, a Notary Public in and for said state, ~rsoaally appeared. i -' ' " :- - • i ~ ~ lmown or identified to me to be the ~~ '~Yl,~~;i_ ( " •i o the City of Meridian, Idaho, who ex-ecuted the within instrument, and acknowledged to me that Meridian City exeouted the same. IN WITNESS WI~REOF, I have hereunto set my hand and affixed my official seal the date and year fiat above written. ~) Notary Public for Idaho Residing at 61+ p lam. •.k-~ Commission expires: _ l~ ~ ~5--- f .~i~gi~tee~ir~g .Nor~~T~est, .LI.C 423 N. Ancestor , mite 1$0 Boise, Ydailo 837Q4 (?A~ 376.50 • Fax (ZU8} 376-5556 Project No. OS-028-01 ~ Date: October 3, 2006 TUSTIN SU~DT'VI$ION NO. I 14 FOOT PA,TSWAY EASEMENT DF.SCRIP'rxON An easement in a portion ~of Lot 13, Block 2 of Larkwood Subdivision, as shown on the Plat thereof recorded in Book 58 of Plats at Page 5494 of Ada County Ra;ords, located in the SE 1/4 of Section 30, T. 4 N., R 1 E., B.M., Merldiaa, Ada County, Idaho, more pariicnlarly descn'11ed as follows: Cazoumencing at the section comer common to Sections 29, 30, 31 and 32 of said T. 4 N., R 1 E.; Thence North 00°00'00" East, 450.93 feet on the section line common to said Sections 29 ana 30; Thence leaving said section line, North 90°x'00" Nest, 30.00 feet to the southeast cornea of Parcel D as shown on that Property Line Adjustment Record~f-Survey Number 5410 of Ada Cowtrty Records, said point being on~ the wily ii$ht-of-way l~iae of North Locust Grove Road and being the REAL POINT OF BEGINNYNG; . Thecae North 88°26'38" West, 115.54 fact on the exterior boundary lino of said Parcol D; Thence leaving the exterior boundary line, North S9°02"37" West, i 57.70 feet; Thence North 64°34'47" West, 71.18 feet; . Thence North 64°40'57" west, 66.52 feet; Thence North 03°11'32" West, 11.38 f~ Thence South 64°40'57" East, 71.96 feet; Thence South d4°34'47" East, 71.67 feet; Thence South 59°02'37" East, 155.56 feet; . 't`hence South 88°26'38" East, 112.64 feet to a point on the westerlyright-of-way line of North Locust Greve Road; . Thence South 00°00'00" 'West, 10.E feet on said we~rly right-of-way line to the real poi of beginning. . g REPAIitEA BY: Engineeisingi. North'VYesy Lx.C , ~~~~ James R WasLburn, PLS Ibslin Sob lOP Pathway Beieemeat Desc.doc ~ ~, Page 1 of 1 TusnN sue 10' WIDE PATHWAY EASEMENT ~- NT5- • November 3, 2006 MERIDIAN CITY COUNCIL MEETING November 8, 2006 • APPLICANT ITEM NO. S-~ REQUEST Public Works Change Order No. 3 for the Centrate Tank Construction with Carollo Engineers AGENCY COMMENTS CITY CLERK: CITY ENGINEER: S®e attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ,* ~~ - .. r CHANGF. OR~7FR NO.3 PR03ECT: City of Meridian WWTP - Centrate irqualization Tank Project DATE OF ISSiTANCE: August 9, 20(?6 EFFECTIVE DATE: August 9, 2006 OWNER: City of Meridian CONTRACTOR: RSCI ENGINEER: Carollo Engiueers Yon are dilrect~ to make the following changes in the Contract Documents. 1. Remove the floating skimmer for return shipment back to the manufacturer. 2. Credit for return of floating skimmer, per April 25, 2006 email from Lou Beatty, Megaton Corporation. Reason for Change Order: Iucampatibility of the process mixing and skimming equipment. Attachments: Revised RSCI Proposed Change Order No. 16, May 25, 2006 for $466.62 Credit authorisation from Megaton for return of floating skimmer, for ($2,309.00} credit CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMFS: Original Contract Price Original Contract Times Substantial ('.nmpletion: 270 Days -- . December 2.2005 $ 474,065.00 Ready for final payment: 300 bays - January 1.2006 says ~ aares Net Changes from previous Chauge Oidecs Na. 1 & 2 Net Changes from previous Change Orders No. 1 8c 2 $ 147,321.20 90 nays Contract Price prior to this Change Order Contract Times prior to this Change order Substantial Completion: 360 Davs - March. 2, 2.006 $ 621.386.20 ._,_ , Ready for final payment: 3953 Days -April 1.2006 ~ days or dares Net Tncrease (decrease of this Change Order) Net Increase (decrease of this Change Order) $ (1,842.38) -;}59-"" says Contract Price with all approved Change Orders Contra~et Times with all approved Change Orders Substantial Completion: 510 Davs -July 31, 2006 X619,543.82 Ready for final ayment: h ~r~. , j p a~y8 or aa~ G~Ib !~`~~Ce~hl ~ al:la By: Date• `~-~ APPROVID BY OW'1VER: Clint Dolsby, P.E., Public Works Date: ACCEPTID BY CONTRACTOR: __~ rrurr ~r~~~''~~'~ ~ 7~ r ~o-~~ -Cx r ~ PROPOSED CHANGE ORDER No. 00016 1854 East Lanark street Phone: 208-~87-1401 Meridian, ID 83642 Fax- 208-888-9130 TITLE: Removc, Package, & Ship Skimmer PROJECT: Centrate Equatizatian Project DATE: 5/23/2006 JOB: 323 TO; Attn: William J Benko, P.E. Carollo Engineers 12592 W. Explorer Dr., Suite 200 Boise, ID 83713 Phone: 208 376-2288 Fax: 208-376-2251 To: From: CONTRACT NO: 5324814 Number: Item 11~scripHon i~aantity Untie ~ Unit price Tax Rate Tax Amount Net Amount 00001 ttemove, Clean. PBCImge, end Ship 5kimnter. 16.000 A4EIRS 325.00 0.00% $0.00 $400.00 I-1/A Unit Cost: '~Ict7 A6;.}r,~... Unit Tax: $0.00 Unit Total: y®t~};gs~.. . , Subtolnl; ~ ~ ~--~psg.}~--- D,oseription Markup Percent Markup Amount kSCI Fee 15.000% '~~ ~".~,~~--~ SUBTOTAL ~ ~ y~,~ ,~1,~~~,-, Bond ~ 1.440% ~, (,Z $1b:66 . - Total Cost: a"'- -~' i91,A !J.TJ"" G~.tJ,~ APPIto~AL: By: -- By; ~'w cord Willi Benka, P.E. Date: ~ Date: F.~w161ta ~ I i r ~.', From: °Zeke Johnson" cZeket~rscigroup.com~ To: "Bill Benko° aBBenkoC~carollo.com~ Date: 7/26/20061:08 pm Subject: RE. Centrate DRAFT CO #3 Bill, Goble Sampson received a check from Megador for $2,309. Apparently there was $316 in freight ($2625-$316=$2309). Therefore the amount should be $2,309....unless you agreed to something else? Zeke -----Original Mossage----- From: Bill Benko [mailto:BBenko(~carollo.com] Sent: Wednesday, July 26, 2006 9:30 AM To: Zek®Johnson Subject: Fwd: Centrate DRAFT CO #3 »> Bill Benko 7/11/2006 2:40 pm aaa Attached is the draft Change Order 3 for the Centrate Equalization Tank Project, which covers removal and return of the floating skimmer. Please confirm the credit from Megator. Let me know ff you are in agreement with the Draft Change Order, and I will send over the signed copies far final execution into the Contract. Please note, the Draft CO also included a time extension to close this matter, Contact me ff you have any questions. Bill B. William J. Benko, P.E_ CAROU.O ENGINEERS 12592 West Explorer Drive, Suite 200 Boise, Idaho 83713 (208) 376-2288 (208) 376-2251 fax bbenko(~carollo.com `" meaty ~f I~f~~e~a~ pity ~l~r~ ~f~c~ Memo To: Will Berg; Tara Green From: Jon Mills, Staff Engineer CC: File Date: 10/26/06 Re: Proposed Agenda Items for October 31, 2006 City Council Meeting The Public Works Deparlment respectfully requests the following items be placed on the October 31 City Council agenda, under Consent Agenda, for Council's consideration: 1. Chancre Order No. 3 for the Centrate Tank Construction This is a deductive change order. It reflects cost and schedule changes from minor and moderate design changes, material quantities, and word change directives accumulated during the process of construction. These items are outlined and detailed in the attached change order and requests for change order. Recommended Council Action: The Public Works Department recommends that City Council approve the Third Change Order for the Centrate Tank Project and authorize the Mayor to sign it. 2. Scone of Services for PRV SCADA Programming with DC Engineers This project includes creation of standard drawings for PRV radio cabinets and antenna connections, p"rogramming at six (6) future PRV locations, a radio path study, as well as IPCO coordination. More detail is listed in the attached scope. Recommended Council Action: The Public Works Department recommends that City Council approve. the Scope of Work for PRV SCADA Programming with DC ENGINEERING for anot-to-exceed amount of $8,340.00 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page 1 ~. J CHANCrF. 012DFR Nn. 3 PROJECT: City of Meridian WWTP - Centrate Equalization Tank Project DATE OF ISSUANCE: August 9, 2006 EFFECTIVE DATE: August 9, 2006 OWNER: City of Meridian CONTRACTOR: RSCI ENGINEER: Carollo Engineers Yau are directed tla make the following changes in the Contract I~cuments. 1. Remove the floating skimmer for return shipnoent back to the manufacturer. 2. Credit for return of floating skimmer, per Apri125, 2006 email from Lou Beatty, Megator Corporation. Reason for Change Order: Incompatibility of the process mixing and skimming equipment. Attachments: Revised RSCI Proposed Change Order No. 16, May 25, 2006 for $466.62 Credit authorization from Megator for return of floating skimmer, for ($2,309.00) credit CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TYMES: Original Contract Price Original Contract Times Substantial C'.ompletirnt: 270 Days - mbar 2.2005 $ 474,065.00 Ready for final payment: ~ Davs - Jauuarv i. 2006 nays ~ notes Net Changes from previous Chauge Ditiets No. 1 & 2 Net Changes from previous Chango Orders No. 1 8c 2 $ _ 147,321.20 90 Days . Contract Price prior to this Change Order Contract Times prior to this Change order Substantial Completion: 360 Davs -March 2.2006 $ 621,386.20 Ready for final payment: 390 Days -April 1.2006 days or dales Net increase (decrease of this Change Order) Net Increase (decrease of this Change Order) $ (1,842.38 -}~--~ Gt,~s nays Contract Price with all approved Change Orders Contract Times with all approved Change Orders Substantial Completion: 510 Days -July 31.2006 ~619.54~.82 Read for final ment• a ~ y p y , ~ nays or aacw ilb Ki.:i:VMM1~1VliL+~U l~Y 19:1~1(i11VL+'L~'li: 1~ y~ wiutam J. , P Date• - ~~ - - /. ACC1P:1'TED BY CONTRACTOR: 7~ APPRQVID BY OR'NER: .`~~~~~~'~ ~ +'~~~~,,". Clint Dolsby, P.E., Public Works Tammy a eerd, Mayca ~ G Berk ]r., Ci Cl Date• -- . Date• l~~., ~' Q~ ~~ 7 ,~' ~fp -mot' ~~~11_- A• • Page 1 of 1 '' .,~ / /}~ ICY ~ ~ ~ PROP~ED CHANGE ORDER No. 00016 1854 East Lanark Saeet Phone: 208-887-1401 Meridian, ID 83b42 Fax: 208-888-9130 TITLE: Rcinovc, Package, & Ship Skimmer DATE: 5/23/2006 PROJECT: Centrate Equalization Project TO: Attn: William J Berko, P.E. JOB: 323 CONTRACT NO: 5324814 ~Carollo Engineers 12592 W. Explorer Dr., Suite 200 Boise, ID 83713 Phone: 208 376-2288 Fax: 208-376-2251 RE: To: From: Number: Item »~scription OOOOI Remove. Clean, Package. end Ship Skimmer, Quantity Unify Unit Prise Tnx Rate Tex Amount Net Amount 16.000 MHRS E2S.00 0.00% $0.00 $400.00 ~ M/A D~eseription RSCI Fee SUBTOTAL Bond Unit Cost: `~ytap ~:.. unit Tax: ~o.ao Unit Toti~l: y®gg;~~ Subtotal:'¢'G f ~p"$~g~..... Markup Percent Markup Ai~vunt 15.000'/0 9~~,0 ...$t}•5g~-- 1.440% ~,• (,Z $1:66 Total Cost; -~}~g~,3.. t~~ ~xr- ,~~-ri.- Gre,~ APPROvAi.: By: By: ,rw rd Date: j b~; R•~wtit4a P.E. r _ r . ~ . From: To: Date: Subject: Bill, °Zeke Johnson" <Zeke~rscigroup.com> "Bill Benko" <BBenko(~carollo.com> 7/26/2006 1:08 pm RE: Centrate DRAFT CO #3 Goble Sampson received a check from Megador for $2,309. Apparantfy there was $316 in freight ($2625-$316=$2309). Therefore the amount should be $2,309....unless you agreed to something else? Zeke -----Original MQSSage----- From: Bill Benko [mailto:BBenko~carollo.com] Sent: Wednesday, July 26, 2006 9:30 AM To: Zeke Johnson Subject: Fwd: Centrate DRAFT CO #3 »> Bill Benko 7!11/2006 2:40 pm »> Attached is the draft Chang® Order 3 for the Centrate Equalization Tank Project, which covers removal and return of the floating skimmer. Please confirm the credit from Megator. Let me know ff you are in agreement with the Draft Change Order, and I will send over the signed copies for final execution into the Contract. Please note, the Draft CO also included a time extension to close this matter, Contact merf you have any questions. Bill B. William J. Benko, P.E. CAROl.LO ENGINEERS 12592 West Explorer Drive, Suite 200 Boise, Idaho 83713 (208) 376-2288 (208) 376-2251 fax bbenkoCl!carollo.com November 3, 2006 MERIDIAN CITY COUNCIL MEETING November 8, 2006 APPLICANT ITEM NO. S-.I REQUEST Scope of Services for PRV SCADA Programming with DC Engineers AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVtCE 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 shah bocome property of the City of Meridian. ~,.~ ~~ ~~ t;it~ ~f I~~e~actaa~s pity Cl~rl~ O~ic~ Memo To: Will Berg; Tara Green From: Jon Mills, Staff Engineer CC: File Date: 10/26/06 Re: Proposed Agenda Items for October 31, 2006 City Council Meeting The Public Works Department respectfully requests the following items be placed on the October 31 City Council agenda, under Consent Agenda, for Council's consideration: 1. Change Order No. 3 for the Centrate Tank Construction This is a deductive change order. It reflects cost and schedule changes from minor and moderate design changes, material quantities, and word change directives accumulated during the process of construction. These items are outlined and detailed in the attached change order and requests for change order. Recommended Council Action: The Public Works Department recommends that Ci#y Council approve the Third Change Order for the Centrate Tank Project and authorize the Mayor to sign it. This project includes creation of standard drawings for PRV radio cabinets and antenna connections, programming at six (6) future PRV locations, a radio path study, as well as IPCO coordination. More detail is listed in the attached scope. Recommended Council Action: The Public Works Department recommends that City Council approve. the Scope of Work for PRV SCADA Programming with DC ENGINEERING for anot-to-exceed amount of $8,340.00 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page 1 ~~ ENG/NEERlNG October 12, 2006 Mr. Len Grady City of Meridian Public Works 660 E Water Tower Suite 200 Meridian, ID 83642 Subject: Meridian Water Dept. PRV SCADA Mr. Grady, 440 E. Corporate Drive Suite 103 Meridian, Idaho 83642 Phone: 208.288.2181 Fax 208.288.2182 Thank you very much for the opportunity to propose on the Heart phase of PRV SCADA installations and programming for the City of Meridian Water Dept. The following is our proposed Scope of Service based on the information that you have provided to us and a site visit. Project Understanding We understand that this project will include the installation of radios at 6 PRV locations. The installation of a new base station or repeater if required, PLC and WonderWare programming. Analyze zone 5 area and determine the best location for future PRV Base station. Electrical Engineering • Determine the Electrical Service requirements. • Coordinate the power facilitation with IPCO for all 6 RTU locations. • Develop standard electrical detail drawing for radio cabinet and antenna mounting. • Develop dimensioned site drawings for all locations showing antenna and electrical service locations. • Complete the programming at all 6 PRV locations and at the new Base Station. • Complete the WonderWare and SQL Server programming at the water department. • Complete a radio path study for the area covered by new PRVs to determine if a new base station or repeater will be required. • Complete a radio path study for pressure zone 5 to determine the best location for a new Base Station. • Purchase (1) 905LT-2 radio, (1) Lighting arrestor, (1) Yagi YU6/900 antenna and 200ft LMR- 600 antenna cable for radio path study. Deliverables • 90% review documents • Construction documents incorporating review comments. • (1) 905U-2 radio, (1) Lighting an-estor, (1) Yagi YU6/900 antenna and 200ft LMR-600 antenna cable. DC Engineering Schedule • DC Engineering has a capable staff that can start immediately. It is anticipated to take ,approximately 3 weeks to develop 90% review documents once authorization to proceed has been given. Excluded • All cost associated with and installation of electrical equipment. Fee The project will be performed on time and material basis not to exceed $8,340 (Eight Thousand Three Hundred Forty Dollars). This includes $1,870 (One Thousand Eight Hundred Seventy Dollars) for Purchase (1) 905U-2 radio, (1) Lighting arrestor, (1) Yagi YU6/900 antenna. and 200ft LMR-600 antenna cable. Services will be billed per our standard rate of compensation as follows: • Principal Engineer, PE: $95 per hour • Project Manager. $90 per hour • Engineer. $80 per hour • Designer. $70 per hour • Drafting: $50 per hour • Clerical: $35 per hour • Reimbursable expenses will be billed at cost plus 10 percent. (For example: reproduction drawings, shipping expenses, etcetera.) Thank you again for the opportunity to work with you. If you have any questions, or require additional information, please do not hesitate to ask. Sincerely, DC ENGINEERING, P.C. N~d~TO~` Lane Huddleston Owner CITY OF MERIDIAN By. Name: Tammy De Weerd, Mayor Approved by City Council: Acc ted by. /~~ ~/®r~r~J~t /~C ~~SPrinted Name `~~r-~~/yati/~G2 Title c~ OG Date DC Engineering ~ ~ [CORPORATE SEAL, Attest Vt~illiam G. Berg, Jr. City Clerk Address for giving notices 33 East Idaho Ave. Meridian, ID 83642 DC Engineering • . November 3, 2006 MERIDIAN CITY COUNCIL MEETING November 8, 2006 APPLICANT ITEM NO. S-K REQUEST Water Main Easement Agreement for 6oondock Properties, LLC by Select Investment AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. . ADA COUNTY RECORDER J. DAVID NI~O AMOUNT .00 ; BOISE IDAHO 11/~-OB 12:10 PM DEPUTY Ilail Qarrett III IIIIrII~II~~'III'lllll'IIIII I'I'll RECORpED-REQUEST OF I Meridian City 1 ~518~6@4 WATER MAxN EASEMENT ry THIS 1NDEN'TLJRE, made this ~ day of ~~, 20~between . ' i C~t~ /'~ she 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 Gr'anlee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of way across the premises and property hereinafter parCicularly bounded and descn~bed; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WI~EREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREI±ORE, in consideration ofthe benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Granteetheright- of--way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, 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 cascmcnt andright-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 construction, making repairs, perforiming other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or re.~rin,g anything placed within the area described in this easement that was placed there in violation of this easement. 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-o:f--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall e:ease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement EASMT WTR . Rl.....`.0 • • THE GRANTORS do hereby covenant with the C3rantee that they ore luw fu11y seized and posscsscd of the aforementioned and described tzact 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 vvhoxnsoever. IN WITNESS WHEREOF, the said parties ofthe first part have hereunto subscribed their signatures the day and year first herein above written. ~RAN7r ,3~1L'.~7i~~~?-' ~v iN~tNd~~~G~'~ ~~~~7~ Secretfry" -- STATE OF IDAHO ) ) SS County of Ada ) On this ~~,~ day of ,~ ~',, before me, the dersigned, a Notary Public in and for said State, personally appeared and _ _ , lanown or identified to me to be the esident and Secretary, respectively, of the corporation that executed the within instrument, and aclmowledged to me that such corporation executed the same. 1N WITNESS WHEREOF, I have hereunto set my hand and affuced my official seal the day and year fist above written. ~~'~ ~'' OR~R~~~` ~ ~ OTARY P LIC FOR ID ~ ~ '~ ~ ~ Residing at ~., : ~ Commission Expires: - • 1 ~~~ : ©~ ~ ~ ~,,~~~~~~~~ee •~~~~~ ~~ Water Main Easement • GRANTEE: CITY OF MERIDIAN' Tammy de Weerd, ~ v ~~ Attest by William G. Berg, ty Clerk = Approved By City Council On: STATE OF IDAT~'O, ) . ss. 51111 1111! 11///x','''' ~\ `` ~~ ~ ~~ /]. '~1 ~ '~ ~qq O ." ~a~ '~~ ~ ~(A417'~l ','~~~~~hrrlnl w~i~~, County of Ada ) r ~ ,,/ On this _ ~ ~ day of / ~' 1~~~~~~ , 200 befoze xne, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WZLLIA M G. BERG, JR., kaown 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 I4AH0 Residing at: /~. ~~.. e~o/~ Commission Expires: jp -/~ / Water Main Easement EASMT WTR .-. ± ^ October 26, 2006 ~ t Lochsa 7ob# 061036 Boondocks Fun Center 660 E. Franklin Street Suite 270 -Meridian Idaho 83642 - ~~' IDAHO RILEY b~AHAFFEY, P.E. LEE uaRRTSON, S.E. EXHIBIT "A" ,A tract of land situated within Lot Q and a portion of Lot S, Block 1 of Interstate Center Subdivision Bk. 74, Pgs 7656 & 7657 within the SE I/a of Section 13, Township 3 North, Range 1 West, B.M. City of Meridian, ADA County, Idaho and described as follows: Commencing at the intersecrion of King Salmon Lane (private) and Blue Marlin Lane (private) of Lot 4 and a portion of Lot S, Block 1 thence northerly along the centerline of King Salamon Lane North 89°46'23" West a distance of 117.38 feet to a point; thence South 00°13'37" West a distance of 30.00 feet to the POINT OF BEGINNING. Thence North 00°00'00" East a distance of 34.80 feet; thence South 90°00'00" West a distance of 10.00 feet thence; North 00°00'00"East a distance of 20.00 feet; thence North 90°00'00" East a distance of 30.00 feet thence; South 00°00'00" East a distance'of S4.$8 feet; thence North 90°00'00" West a distance of 20.00 feet to the POINT OF BEGINNING. The above-described tract of land contains 0.03 acres or 1,297 square feet more or less and is subject to all existing easements and right-of--ways. n See Exhibit "A" attached hereto and made a part of. Y _,A~~~ NscoT cP LOCHSA ENGINEERING OF IDAHO lc~b?,~~~~ Address: 1311 W. Jefferson Boise Idaho • Phone (208) 342-7168• Fax (208) 342-3079 LC~~HSA. E~T~1~EEl.~1NG . ~~ ~~o `R4239770502 R423g770402 HI~BIT 'B' •~. `„` ~. ~J' f ~ ~~ ~ ~ 8~-- \~ ~ POINT OF-•-~ `~ ~ ` ~ _ _ _ _ BEGINNING ,~,` POINT OF ~ ~ ~ EX. 12" WATER `~ ` rte,, r ~ COMMENCEMENT ~ --- I !~ N 89'46'23" W 250.00' ~``"I K'ING SALMrflN LANE P ( RIVATE) ~~~ ~a ~ ~ 15~ EASEMENT tt->, ~O 9y4TF pp 10Q'~~ti ~NSCOT GpQ- lv~~~~ ~, LINC TABLE LINE LENGTH BEARING L1 117.38 N89.4s'23"W L2 30.00 N00 3'37"E L3 34.80 N00'00'00"E L4 10.00 N90'00'00"W L5 20.00 N00'00'00"E L6 30.00 S90ro0'00"E L7 54.s8 S ro 'oo"w L8 20.00 N89'46'23"W LtVCIVU FOUND MONUMENTATION 0 FILE NAME: FH ESMT.dwg CENTER LINE - •-•- SECTION LINE - - ROW LINE -~---~ PROPERTY LINE- »-- ~- --.---.-- - ........~,._ EASEMENT LINE AbJACENT PROPERTY LINE• • • • • - • • • • • • • • • • • . - . • • • .... . DHECKED BY: WR SCALE: 1"=20' PROJECT No.: FIRE HYDRANT C DATE: 10 2s-os EASEMENT 061036.00 Lt~CHSA SHEET N0. ENGINEERING 1311 W. JEFFERSON nn~+ 1 BOISE, IDAHO 83702 B~VND~~KS P: 208 342-71fi8, F: 208 342-3079 '~ OF 2 City of Meridian Public Works Dept. -~iC~'~~T:7 za, ~,~.. ~~~~ ;. ~ ~oQ~ ~;~~~ ~~~ 1~~~~~~~g ~~~~ ~~~~1~ ~~~~ To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 10/30/2006 Re: Proposed Agenda Items for 11/8/06 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 11/8/06 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Boondock Properties LLC by Select Investment. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Boondock Properties LLC by Select Investment and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 • WATER MAIN EASEMENT THIS INDENTURE, made this ~.,G' day of ~~ , 20~between l~t~ P~~~,ie 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 water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, inconsideration 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 Granteetheright- of-way for an easement for the construction, operation, maintenance,.repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, 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 easementandright-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 construction, making repairs; performing other maintenance.or making subsequent connection to the water line, Grantee shall restore the area of the easement and adj acent property to that existent prior to undertaking such construction, 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. 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. Water Main Easement EASMT WTR THE GRANTORS do hereby covenant with the Grantee that they aze 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. Secre STATE OF IDAHO ) ss County of Ada ) On this , day of ~}~. J`, before me, the dersigned, a Notary Public in acid for said State, personally appeared and known or identified to me to be the resident 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 hereunto set my hand and affixed my official seal the day and year fist above written. • A`-~-e-G-~,~ • (SEAL • 4.' O ~'" •~~ •~ }s~; f +, ; r • • 1 f ~ ; ~ O • • ~ i '~r • • ~`, • 7 ` ~ ~ •+ OTARY P LIC FOR ID O Residing at Commission Expires: - - Water Main Easement EASMT WTR GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada ) On this day of , 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who `" executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above writteri. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Water Main Easement EASMT WTR l_ J Lochsa Job# 061036 Boondocks Fun Center 660 E. Franklin Street Suite 270 -Meridian Idaho 83642 LOCHSA ENGINEERING OF IDAHO RILEY MAHAFFEY, P.E. LEE HARRISON, S.E. EXHIBIT "A" A tract of land situated within Lot 4 and a portion of Lot 5, Block 1 of Interstate Center Subdivision Bk. 74, Pgs 7656 & 7657 within the SE 1/4 of Section 13, Township 3 North, Range 1 West, B.M. City of Meridian, ADA County, Idaho and described as follows: Commencing at the intersection of King Salmon Lane (private) and Blue Marlin Lane (private) of Lot 4 and a portion of Lot 5, Block 1 thence northerly along the centerline of King Salamon Lane North 89°46'23" West a distance of 117.38 feet to a point; thence South 00°13'37" Nest a distance of 30.00 feet to the POINT OF BEGINNING. Thence North 00°00'00" East a distance of 34.80 feet; thence South 90°00'00" West a distance of 10.00 feet thence; - North 00°00'00"East a distance of 20.00 feet; thence North 90°00'00" East a distance of 30.00 feet thence; South 00°00'00" East a distance'of 54.88 feet; thence North 90°00'00" West a distance of 20.00 feet to the POINT OF BEGINNING. The above-described tract of land contains 0.03 acres or 1,297 square feet more or less and is subject to all existing easements and right-of--ways. /~ See Exhibit "A" attached hereto and made a part of. i ~~~SC01' I ' LOCHSA ENGINEERING OF IDAHO 1~~~~v~ Address: 1311 W. Jefferson Boise Idaho • Phone (208) 342-7168• Fax (208) 342-3079 APN:R4239770502 84239770402 EXHIBIT 'B' . ~ i~ M J . - ~ ~ ` i ~ '~ ~ \ \ \ ~~ \ ~ POINT OF ~~`_ ~ _ _ _ _ _ _BEGINNING ®"~ POINT OF ~ EX. 12" WATER `~ W COMMENCEMENT _ - - - - - I - ~~ ~~ -._._~--~-L1 - -- -=~ -. ~_ ~ ~ N 89'46'23" W 250. DO' ~ ~"~ KING SALMON LANE (PRIVATE) ~wi a~ 1 EASEMENT ~'>, ~p ~b~TE 6F \®P ~1~~~ C~ LINE TABLE LINE LENGTH BEARING L1 117.38 N89'46'23"W L2 30.00 N00'13'37"E L3 34.80 N00'00'00"E L4 10.00 N90'00'00"W L5 20.00 N00'00'00"E L6 30.00 S90'00'00"E L7 54.88 S00'00'00"W LS 20.00 N89'46'23"W LEGEND FOUND MONUMENTATION ~ .FILE NAME: FH ESMT.dwg CENTER LINE - - SECTION LINE - ROW LINE PROPERTY LINE - - ----- - - EASEMENT LINE ADJACENT PROPERTY LINE• ••••••-•••••••-••••••••••• • DRAWN BY: WWL SCALE: 1"=20' CHECKED BY: RC DATE: 10-26-0 LOCHSA ENGINEERING 1311 W. JEFFERSON BOISE, IDAHO 83702 P: 208 342-7168, F: 208 342-3079 FIRE HYDRANT PROJECT No.: EASEMENT 061036.00 SHEET No. BOONDOCKS I ~+ 7 1 of 2 • November 3, 2006 MERIDIAN CITY COUNCIL MEETING November 8, 2006 APPLICANT ITEM NO. S-L REQUEST Approve Agreement for Creamery Demolition and Tree Removal with Ideal Demoli#ion AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See aFtached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: ,~y~~ MERIDIAN SCHOOL DISTRICT: G~r~~" ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Mat®rials presented at public meetings shall become properly of fh® Cffy of Meridian. i DEMOLITION SERVICES AGREEMENT This Demolition Services Agreement (this "Agreement") is made by and between: The "Owner" CITY OF MERIDIAN Address: 33 East Idaho Avenue Meridian, Idaho 83642-2300 Project Contact Person: Keith Watts, Purchasing Agent Telephone:208-888-4433 x207 Facsimile: 208-887-4813 Email: wattsk@cityofineridian.org And the "Contractor" IDEAL DEMOLITION SERVICES, LLC Address: 2299 Mill Road Emmett, Idaho 83617 Taxpayer ID# (D ~ p (o D(c '-~D 2 PWCL No. 16275-B-4 ICL No. RCE-593 Project Contact Person: David Aparicio Telephone:208-3 65 -1514 Facsimile: 208-3 65 -4915 Mobile: 208-369-0311 Email: david@idealdemolition. com For the following "Work" All labor, materials, equipment and services indicated or reasonably inferable from the plans, specifications, general and special conditions, construction permits, addenda for the Project identified on Exhibit A, (the "Contract Documents"), to the extent not inconsistent with the terms of the body of Agreement. on the following "Project" Abatement and Demolition of Structures Located at 27 E. Broadway Avenue Meridian, Idaho 83642 The "Contract Price" is: As full compensation for Contractor's performance of this Agreement, Owner agrees to pay the following: For the demolition and abatement work as defined in the Contract Documents, Owner agrees to pay Contractor a fixed price of Three Hundred Eighty Six Thousand and no/100 Dollars ($386,000.00). For the tree and stump removal work as defined in the Contract Documents, Owner Agrees to pay Contractor a fixed price of Four Thousand Eight Hundred and no/100 Dollars ($4,800.00). The total Contract Price is Three Hundred Ninety Thousand Eight Hundred and no/100 Dollars ($390,800.00), subject to additions or deductions in accordance with this Agreement. CONSTRUCTION AGREEMENT Page 1 of 11 The "Completion Date" is: Contractor shall commence the Work on October 30, 2006 unless otherwise notified by Owner in writing. Contractor shall complete the Abatement portion of the Work no later than December 8, 2006 and Contractor shall complete the Demolition portion of the work no later than January 12, 2006. The labor, materials, equipment, services and compensation described above shall be performed and paid in accordance with the attached Standard Terms and Conditions and any exhibits attached hereto. References to this "Agreement" shall mean this agreement page and the Standard Terms and Conditions. "Owner" CITY OF MERIDIAN, an Idaho municipal corporation By: Tammy de ee Mayor Date: ATTEST: /~~''O v~o~ g~ ~i~ Go-w.r-r.~.~G ~~~ William G. Berg, Jr. City Clerk Date: /D_ 2 7 Od "Contractor" IDEAL DEMOLITION SERVICES, LLC an Idaho limited liability company Y~ avid Aparicio, ember Date: (7 ~ 6 O CONSTRUCTION AGREEMENT Page 2 of 11 STANDARD TERMS AND CONDITIONS 1. Review of Project Requirements. Contractor represents and warrants to Owner that it has visited the Project site, made a careful analysis and comparison of the Work and the Project requirements, and is aware of the constraints related to access, staging, material storage, climate and the activities of other contractors. If any of the Project requirements are contradictory, the requirements that place the highest or most stringent duty or obligation upon Contractor shall govern. 2. Construction Manager. Owner has retained Petra Incorporated, an Idaho corporation ("Construction Manager") to provide construction management services for the Project. Construction Manager's authorized representative is: Wesley Bettis, Jr., Project Engineer PETRA INCORPORATED 9056 W. Blackeagle Drive Boise, Idaho 83709 Telephone: 208-323-4500 Facsimile: 208-323-4507 Mobile: 208-860-7531 Email: wbettis@petrainc.net Construction Manager shall act as Owner's agent for the Project as set forth in this Agreement. Unless otherwise directed by Owner in writing, Owner and Contractor shall communicate with each other through Construction Manager. Construction Manager shall draft proposed Change Orders. Construction Manager shall review Contractor's Payment Requests and shall approve in writing those amounts that, in Construction Manager's opinion, are properly owing to Contractor as provided in this Agreement. The duties, obligations, and responsibilities of Contractor shall in no manner whatsoever be changed, altered, discharged, released or satisfied by any duty, obligation, or responsibility of Construction Manager. Contractor is not athird- pariybeneficiary ofany Agreement between owner and Construction Manager, and it is expressly acknowledged and agreed that the duties of Contractor to Owner are independent of, and are not diminished by, any duties of Construction Manager to Owner. 3. Construction Schedule. Contractor acknowledges and agrees that time is of the essence and that Owner will suffer significant hardship and expense if the Work (or portion thereof) is not completed by the Completion Date and shall use its best efforts to ensure the entire Work is completed prior to the above date and agrees to pay to Owner, as liquidated damages and not a penalty, the sum of $150.00 per day for each calendar day after the Completion Date until all the work is complete. Contractor's demolition plan and schedule is attached hereto as Exhibit B. If Contractor is delayed on the critical path due to circumstances beyond its control, such as strikes or casualty, Contractor shall, as its sole remedy, be entitled to an extension of time equal to the delay incurred. Contractor shall give Owner written notice of any claim for an extension of time within three (3) days of Contractor's knowledge of facts giving rise to the event for which the claim is made; otherwise, such claims shall be deemed waived. 4. Payments. 4.1 Pro ess Pa ents. Contractor shall submit applications for payment to Owner in accordance with the "Payment Request" procedure set forth in the Contract CONSTRUCTION AGREEMENT PAGE 3 OF 11 • Documents. All applications for payment must set out (i) description of services provided, (ii) date services are provided, and (iii) amount charged for services rendered. Invoices not containing items (i) through (iii) will be returned to Contractor with request to provide necessary information, and processed for payment only when detail is provided. Owner shall have the right to retain 5% of each progress payment until the Project is fully complete. 4.2 Withholdin~~. Owner may reject an application for payment or nullify a previously approved application for payment, in whole or in part, as maybe reasonably necessary to protect Owner from loss or damage based upon (i) Contractor's failure to perform or correct the Work as required by this Agreement, (ii) Contractor's failure to provide acceptable and current certificates of insurance coverage as required by this Agreement, (iii) loss or damage caused by Contractor to Owner, Owner or others to whom Owner maybe liable, including reasonable costs for clean-up, repair, layout or punchlist work performed by Owner or others, or (iv) Contractor's failure to provide acceptable evidence of payment for labor, materials, equipment or supplies furnished in connection with the Work, or Contractor's failure to promptly remove any lien filed against the Project site related to the Work. 4.3 Final Payment. Final payment of the entire Contract Price, including retainage, shall be made only upon Owner's (i) final acceptance of all Work, and (iii) receipt of lien releases or other satisfactory evidence that Contractor has paid all workers, subcontractors and suppliers for work performed and materials supplied for the Project. Contractor's acceptance of final payment shall constitute a waiver of all claims by Contractor relating to the Work. 5. Changes; Substitutions. 5.1 Chi. Owner may add to or deduct from Contractor Work by written order ("Change Order"). The order shall set forth the changes involved, and the fair value and time impact thereof,. as mutually agreed by Owner and Contractor. In absence of mutual agreement as to the fair value and time impact of the Change Order, Owner and Contractor shall immediately attempt to resolve the dispute through direct discussions. Pending the resolution of the dispute, Contractor shall perform the Work in accordance with the Change Order and Owner shall pay Contractor any amounts not subject to dispute. Owner shall not be responsible for, or obligated to pay for, any changes or substitutions that have not been authorized in advance by a Change Order executed by Owner. Contractor shall treat any verbal authorization or direction for a change by Owner to be a directive to promptly prepare, for Owner's approval, a written Change Order consistent with the verbal authorization or direction. 5.2 Requests for Change Order Pro op sals. Within three (3) days of Owner's request, Contractor shall provide, without cost, a Change Order proposal for any changes in the Work requested by Owner. Such Change Order proposal shall be calculated on the basis of reasonable expenditures and savings of those performing the changed work. 6. Concealed or Unknown Site Conditions. 6.1 In the event Contractor discovers previously concealed and unknown site conditions which are materially at variance from those typically and ordinarily encountered in the general geographical location of the Project, the Contract Price CONSTRUCTION AGREEMENT PAGE 4 OF 11 shall be modified, either upward or downward, upon the written claim made by either party within seven (7} calendar days after the first appearance to such party of the circumstances. As a condition precedent to Owner having any liability to Contractor due to concealed and unknown conditions, Contractor must give Construction Manager written notice of, and an opportunity to observe, such condition prior to disturbing it. The failure by Contractor to give the written notice and make the claim as provided by this Section shall constitute a waiver by Contractor of any rights arising out of or relating to such concealed and unknown condition; 6.2 In connection with any claim by Contractor against Owner for compensation in excess of the Contract Price, any liability of Owner for Contractor's cost shall be strictly limited to direct cost incurred by Contractor and shall in no event include indirect cost or consequential damages of Contractor. Owner shall not be liable to Contractor for claims ofthird-parties including subcontractors, unless and until liability of Contractor has been established therefor in a court of competent jurisdiction. 7. Supervision. Contractor shall provide a competent level of supervision and coordination of all Work, including, but not limited to, demolition means, methods, techniques, sequences and procedures. Contractor shall enforce strict discipline and good order among all persons performing the Work. Contractor's on-site supervisor shall have the full authority to act for and bind Contractor. All communications through, and commitments of, Contractor's onsite supervisor shall be fully binding on Contractor. s. Cooperation. Contractor understands that Owner may perform work on the Project with its own forces or other contractors. Contractor shall cooperate fully with Owner and the other contractors so as not to interfere with the performance of work by any of them. Contractor acknowledges that Owner shall not be liable for any damages, losses or expenses resulting from any act, omission, delay, failure or default of another Contractor or supplier in connection with the Project. If Contractor suffers any such damage, loss or expense from another Contractor or supplier, Contractor shall seek recovery of such damages, loss or expense from the responsible party directly without making Owner a party to any action. Contractor agrees that any project supplier or Contractor shall have a direct right of action against Contractor for damages, loss or expense resulting from Contractor's acts or omissions (whether or not negligent), defaults, delays in performance or deficiencies. 9. Safety. Contractor has provided a copy of their safety program for the Project, attached hereto as Exhibit C and incorporated herein. Contractor shall at all times comply with the safety program, to the extent that such program is not inconsistent with the legal requirements set forth in Section 10. 10. Compliance with Laws. Contractor shall execute the Work in strict compliance with all applicable laws, including environmental laws, building codes, ordinances, rules, regulations, pernuts and orders of any public authority having jurisdiction over the Project (the "legal requirements"). Contractor acknowledges that Owner can be fined for Contractor's violations of applicable legal requirements. Contractor shall reimburse Owner for any loss, cost or expense attributable to any acts or omissions by Contractor, its employees or agents CONSTRUCTION AGREEMENT PAGE 5 OF 1 resulting from the failure to comply with any applicable legal requirements, including, but not limited to, OSHA and EPA fines. il. Permits, Licenses and Fees. Contractor shall, at its own expense, obtain all necessary permits and licenses, and pay all fees necessary for the execution of the Work. 12. Tests and Inspections. Contractor shall schedule and give proper written notice of all required tests, inspections and approvals of the Work at such times so as not to delay the progress of the Project. Owner shall either pay direct or reimburse Contractor for the actual fees for tests or inspections with no markup for overhead or profit. Contractor shall promptly provide Owner with all certificates of testing or inspection, and all approval or deficiency notices. Contractor shall utilize the services of Materials Testing Incorporated (MTI) for all required tests unless otherwise directed by Owner. 13. Staging; Clean-up; Project Site Boundaries. Contractor shall confine operations at the Project site to areas permitted bylaw and the Contract Documents. Contractor shall be solely responsible for securing its materials and equipment from damage and theft. Contractor shall at all times during its performance of the Work keep the Project site reasonably clean and free from debris resulting from the Work. Upon completion of the Project, Contractor shall remove all demolition debris and equipment from the Project site. As of the date of the execution of this Agreement, the "Project site" does not include the fenced area south of the ditch and tree line. Owner is in negotiations with the Union Pacific Railroad to obtain the use of the seventy five feet of Union Pacific right-of--way for staging and storage of salvaged bricks and trusses. Contractor shall not occupy any portion of the Union Pacific right-of--way unless and until Owner notifies Contractor in writing with a copy of the Union Pacific Lease. Should negotiations with Union Pacific prove to be unsuccessful, Owner will be required to relocate the existing chain link fence to the limits of Owner's property line. 14. Indemnification, Insurance, and Bonds. Contractor shall indemnify Owner and provide insurance coverage according to the Insurance and Indemnification provisions stated in the Additional Terms and Conditions section of the Invitation to Bid, attached hereto as part of Exhibit A and incorporated herein by this reference. Contractor shall also provide the performance and payment bonds as required on page 2 of the Invitation to Bid and as specified in section 3 of the Instructions to Bidder. 15. Default; Termination for Cause. 15.1 Should Contractor fail at any time to supply a sufficient number of properly skilled workmen or sufficient materials and equipment of the proper quality, or fail in any respect to prosecute the work with promptness and diligence, or fail to promptly correct defective work or fail in the performance of any of the agreements herein contained, Owner may, at its option, provide such labor, materials, and equipment and deduct the cost thereof, from any money then due or to become due to Contractor under this Agreement. 1s.2 If Contractor at any time shall cause by any action or omission the stoppage or interference with the work of Owner or other subcontractors, or fail in the performance of any of the covenants herein contained, or be unable to meet his debts as they mature, Owner may, at its sole option, at any time after serving written notice as such default with direction to cure in specific period, but not less than two (2) working days, and Contractor's failure to cure the default, terminate Contractor's employment by CONSTRUCTION AGREEMENT PAGE 6 OF 11 delivering written notice of termination to Contractor. Thereafter, Owner may take possession of the Work, at the site, and through itself or others provide labor, equipment and materials to prosecute Contractor's work on such terms and conditions as shall be deemed necessary, and shall deduct the cost thereof, including without restriction thereto all charges, expenses, losses, costs, damages, and attorney's fees, incurred as a result of Contractor's failure to perform, from any money then due or thereafter to become due to Contractor under this Agreement. 15.3 If Owner so terminates the employment of Contractor, Contractor shall not be entitled to any further payments under this agreement until Contractor's work has been completed and accepted by Owner. 16. Termination for Convenience. Owner may, at any time, terminate this Agreement for Owner's convenience and without cause. Upon receipt of written notice from Owner of such termination for Owner's convenience, Contractor shall (i) cease operations as directed by Owner in the notice, (ii) take actions necessary, or that Owner may direct, for the protection and preservation of the Work; and (iii) except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. In case of such termination for Owner's convenience, Contractor shall be entitled to receive payment for Work properly executed and reasonable, direct costs incurred by Contractor pursuant to this Section. Contractor shall not be entitled to overhead and profit on the Work not executed, lost business opportunities and unabsorbed overhead expenses. 17. Attorneys' Fees. In the event of any controversy, claim or action being filed or instituted between the parties to this agreement to enforce the terms and conditions of this agreement or arising from the breach of any provision hereof, the prevailing party will be entitled to receive from the other party all costs, damages, and expenses, including reasonable attorneys' fees, incurred by the prevailing party, whether or not such controversy or claim is litigated or prosecuted to judgment. 18. General. This Agreement constitutes the entire agreement between the parties. No modification shall be binding on the parties unless it shall be in writing and signed by both parties. Contractor shall not assign this Agreement (or any part hereof) without the prior written consent of Owner. Headings in this Agreement are for reference purposes only and shall not affect the meaning or interpretation hereof. Neither pasty's right to require performance of the other party's obligations under this agreement shall be affected by any previous waiver, forbearance, or course of dealing. Neither party shall hold the other responsible for a default, delay, or failure to perform by acts of God, strikes, lockouts, civic unrest, accidents or other events beyond the other pasty's control. This agreement shall be governed by the laws of the State of Idaho as an agreement between residents of the State of Idaho and to be performed within the State of Idaho. This Agreement, and each and every provision thereof, is for the exclusive benefit of Owner and Contractor and not for the benefit of any third party nor any third party beneficiary thereof, except to the extent expressly provided in this Agreement. CONSTRUCTION AGREEMENT PAGE 7 OF 11 • TREE AND STUMP REMOVAL SPECIFICATIONS Removal of all remaining trees and stumps at the Meridian Creamery Site, not included in the original Invitation for Bid. Fall, cut and remove from site all trees, limbs, stumps, "large" roots and fill with disturbed material that is adjacent to the stump removal area and leave area rough graded to approximate pre-tree removal condition. CONSTRUCTION AGREEMENT PAGE 9 OF 11 EXHIBIT A Contract Documents 1. Invitation to Bid No CH-06-001 2. Addendum No. 1 to Bid No CH-06-001. 3. Contractor's Submitted Bid 4. Tree and Stump Removal Specifications. CONSTRUCTION AGREEMENT PAGE 8 OF 11 EXHIBIT B 1. Abatement and Demolition Schedule 2. Smokestack Scaffold Sketch 3. Site Specific Work Plan for Demolition 4. Asbestos Abatement Standards and Procedures CONSTRUCTION AGREEMENT PAGE 10 OF 11 EXHIBIT C Contractor's Safety Plan CONSTRUCTION AGREEMENT PAGE 11 OF 11 • INVITATION FOR BID NO. CH-06-001 4'17Y UP ~~~ -~ ' ~ '~W er~~z~n ,;~ IDAHO .lam PURCHASING AGENT 33 East [daho Avenue, Meridian, ID 83642 Phone: (208) 888-4433 x207 Fax: (208) 887-4813 tNVtTATtON FOR t3tD ~/ ~ D ~ V• V~ r V~ V V PRt~JECT NAME & SPECIFICATIONS: ABATEMENT" & DEMOLITION BIDS MUST BE RECEIVED PRIOR TC) 2:30 P.M. ®CTOBER 5, 2006 ..._ DELIVER BID RESPONSES TO: City of Meridian, City Clerk 33 East Idaho Meridian, ID 83642 Bidders are required to submit one (1) original and two (2) additional signed copies of their Bid response (including all required attachments) to the above address. Bids shall clearly identify the project name, Bid number. and Bid response date on the outside of the envelope and be delivered in a seated envelope. Faiture fd de so may cause the Bid to be rejected. PRE-BID CONFERENCE DATE: PRE-BID CONFERENCE TIME: SEPTEMBER 25, 2006 2:00 pm MST LOCATION OF PRE-BID CONFERENCE: 27 E. BROADWAY MERIDIAN, iD 83642 NAME ANO LICENSE # OF COMPANY SUBMITTING BID NAME: IDAHO CONTRACTORS LICENSE NO. IDAHO PUBLIC WORKS CONTRACTORS LICENSE NO. Signed addendaladdendum to ~ctuded in the BID Response. Cori~tor to comptete the below and return with the BID Response. . Addendum No. Dated Date Received Initials Hddendum No. Dated Date Received Initials Addendum No. Dated Date Received Initials Addendum No. Dated Date Received Initials Addendum No. Dated Da#e Received Initials Addendum No. Dated Date Received Initials Bidder's Name {Printed): Bidder's Signature: Bidder's Title: BOND REQUIREMENTS Bid Security required Bid Security -Yes Amount $ 5% of the Btd Price Pertormance bond required (Performance Bond -Yes) Amount $...100% of the Contract Amount {+ ayment bond required (Payment Bond -Yes} Amount $100% of the Contract Amount *See item 3 . under General Terms and Conditions for specific security/bonding requirements. If required, only the successful Bidder shall submit a performance and payment bond as described in the General Terms and Conditions of this Bid. FUR CITY USE ONLY Bid was opened on above date and at prescribed place. Received: [ j Cashiers or Certified Check drawn on a Idaho bank ]Surety Bond ay: Purchasing Agent, City of Meridian 2of22 NO~COLLUStON AFFIDAVIT TO BE EXECI~ BY BIDDER AND SUBMITTED WITH BID (Title 23 United States Code Section 112 and Public Contract Code Secfian 7106) To the City of Meridian, Purchasing Departmen#: In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly on indirectly colluded, conspired, connived or agreed with any bidder or anyone else to put in a sham bid or that anyone shat) refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding fhe contract of any one interested in the proposed contract; that all statements contained in file bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. DECLARATION UNDER PENALTY OF PERJURY The undersigned Bidder declares and certifies under the penalty of perjury: that the only persons or parties interested in this bid as principals are those named herein as Bidder, that he/she holds the position indicated below as a corporate officer or the owner or a partner in the business entity submitting this bid; that the undersigned has examined the "General Conditions and Instructions to Bidders" and the specifications; that the undersigned is informed of ail the relevant facts surrounding the preparation and submission of this bid, that the undersigned (if awarded the contract} will execute and fully perform the contract for which the bids are called; that the undersigned will perform a[{ the work and/or famish all the materials specified in the contract, in the manner and time therein prescribed, and according to the requirements as therein set forth; and that the undersigned wiii take in full payment therefore, the prices set forth in the attached schedule "Form of Bid" knows and represents and warrants to the City of Meridian that this bid is prepared and submitted without collusion with any other person, business entity, or corporation with any interest in this bid. I declare under penalty of perjury that the foregoing is true and correct. Name of Bidder: ¢Type of Business: [] Individual doing business under awn name O Corporations O Individual doing business using a firm name O Partnership . O Joint Venture (Please attach Joint Venture Agreement} Business Address: City, State, Zip Code: Dated: BY= (Signature} Name: (Print Initials} {Type or Print Name} Ti#le: Email Address: Telephone Number: Fax Number `To be signed by authorized corporate officer or partner or individual submitting the bid. EXAMPLE If Bidder is: Sign: 3 of 22 7 . An individual doing business u~r own name ..........................Your nam~nly 2 An individual using a firm name .......................................... Jahn Doe, an individual doing business as Blank Company 3 A Parfnership .................................................................. John Doe and Richard Roe, partners doing business as Blank Company, By John Doe, partner 4 A Corporation ..................................................................... Blank Company, by John Doe, secretary {or other tit(s) Note: The above Non-collusion Affidavit is part of the Bid. Signing this Bid on the signature portion thereof shad also constitute signature of this Non-collusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. ALL BID RESPONSES MUST BE ACCOMPANIED BY EVIDENCE OF AUTHORITY TO SIGN 4 of 22 CITY OF MERIDIAN PURCHASING i~PARTMENT j: ABATEMENT AND DEMOLITION OF STRUCTURES Located at 27 E. Broadway Ave, Meridian, ID PROJECT DESCRIPTION (Overview) The City of Meridian is requesting bids for the Abatement and Demolition of the Creamery located at 27 E. Broadway, Meridian, ID. All bid documents, contracts, contract administration and work to be executed in accordance with the applicable IDAHO PUBLIC WORKS statutes. SCOPE OF WORK /SERVICES Abatement: Furnish ap materials, tools, equipment, Tabor and supervision for a complete Hazardous Material Abatement at the project site. The work is to include the complete removal, handling, disposal and chain of ownership documentation of the asbestos laden products that meet the EPA requirements for abatement in accordance with the MERIDIAN CREAMERY TARGETED BROWNFIELDS ASSESSMENT REPORT prepared by Weston Solutions, Inc. of Seattle, WA dated May 2005 and the supplemental hazardous material report by Materials Testing, Inc dated September 1, 2006 specific to areas not surveyed in the first report, available upon request. Remove, handle, contain, transport and dispose of all contaminated materials from the building to a registered disposal site as detailed in the reports and as required by ail applicable laws, statutes and ordinances. Identified hazardous materials may include friable and non-friable asbestos in flooring, flooring mastic, ceiling tile, texture, wall joint compound, insulation and plaster on interior and exterior applications; and all soil contamination as currently identified by the Brownfields report. Any additional contaminants, both surface and subsurface, that may be encountered are to be brought to the immediate attention of the Construction Manager who will assess, order additional tes#ing as required and develop an amended scope of work for pricing and abatement. {Please propose a unit cost /percentage of work completed payment schedule with your proposal.} Demolition: Fumish all materials, tools, equipment, labor and supervision for a complete demolition scope of work of all buildings and structures both above and below ground. The barrel trusses from the warehouse building, listed as building A on the attached drawing, will be retained by the City as well as the door to the stack. All other materials will available to the awarded bidder for salvage. NOTE: All non-hazardous material waste must be transported from the site by the City's contracted waste disposal contractor, SSC. {Please propose a unit cost !percentage of work completed payment schedule with your proposal.} 5 of 22 WORK DESCRIPT[ON~ • a) Notify and coordinate with all utility companies to avoid any impact on existing and continuing customer service. b) Contractor shall notify City 24-hours prior to start of work and meet with Construction Manager prior to commencing any operations on site.. c) install signs, barricades, and etc. to keep the area clear of vehicles and spectators. d} Demolish stack and all remaining structures completely. Remove all marked trees and brush. All salvaged material shall be disposed of in am approved disposal site. A[l ruble, debris, and trash material shall be removed from the si#e. Remove all concrete slabs, foundations, mow strips and sidewalks e) Grade entire site and wheel compac# prior to leaving the site so as not to present any public nuisance. Re-stretch and reset any temporary fence that may have been moved during the course of demolition. Replace any fence or gates that may have been damaged during the course of demolition. SAFETY -Contractor shall observe all State, Local and Federal safety regulations. DUST CONTROL -Contractor shall wa#er to control dust as necessary. DEMOLITION PERMIT -Contractor shall obtain a demolition permit from ??? County or City? PRE-BID CONFERENCE A Pre-Bid Conference will be held on Sep#ember 25, 2006, 2:00 pm MST at the demolition location, 27 E. Broadway, Idaho. Representatives of the City and Petra inc., Construction Manager, will be present to discuss the project. Bidders are encouraged to attend and participate in the conference. The City Purchasing Agent will transmit #o all prospec#ive bidders of record such Addenda as required in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. Dated this 20~' day of September , 2006. Keith alts, Purcha g Agent 6of22 BID FARM ABATEMENT & DEMOLITION BID NUMBER CH-tl6-Of}'t Furnish ail Tabor, materials, equipment, and incidentals as required for the ABATEMENT of project site per the Scope of Work and Work Description .......................................$ Furnish all labor, materials, equipment, and incidentals as required for the DEMOLITION of project site per the Scope of Work and Work Description .......................................$ TOTAL 1F AWARDED BOTH ITEMS ..............................................$ State number of days to complete Abatement State number of days to complete Demolition Total cost to include all labor, material, equipment, freight, insurance, travel, lodging, incidentals, and applicable taxes Payment Discount Cash discount of % for payment within calendar days. (No deposits, prepayments or percentage payments will be allowed} Certificate of Understanding The undersigned represents and warrants that the undersigned has examined the location of the proposed work and is fami}iar with the local canditions at the place where the work is to be done, and the undersigned has reviewed and understands the plans, specifica#ions and other documents, and the undersigned is satisfied with all conditions far performance of the work. The undersigned has checked carefully ail the above figures and understands that the City of Meridian will not be responsible for any errors or omissions on the part of the undersigned in creating this bid. The undersigned declares: that he/she holds the position indicated below as a corporate officer or the owner or a partner in the business entity submitting this bid; that the undersigned is informed of the relevant facts surrounding the preparation and submission of this bid, that the undersigned knows and represents and warrants to the City of Meridian that this bid is prepared and submitted without coilusion with any other person, business entity, or corporation with any interest in this bid. I declare under penalty of perjury that the foregoing is true and correct. CONTRACTOR/FIRM: By: 7 of 22 ~RINTEO OR TYPED NAME: • TITLE: OATS: 8 of 22 • INSTRUCTIONS TO BIDDE~C Bid must be submitted on the forms provided by the City of Meridian Purchasing Department. All items shall be filled in and the signatures of al[ persons signing shall be written in longhand. Bids not submitted on the forms provided ma not be considered by the City. Bids shall be delivered to the City Clerk, 33 East Idaho Avenue, Meridian, ID 83642 prior to 2:30 P.M. on OCTOBER 5, 20p6. Bids, received after that #ime will be returned unopened to the respective bidder and will not be considered for evaluation. Mistakes must be corrected and the correction inserted correction must be initialed in ink by the person signing the Bid. All bids shall be submitted in a sealed envelope and clearly identified on the outside to read: a) ABATEMENT & DEMOLITION b) Bid Number CH-06-001 c) Opening Date OCTOBER 5, 2006 Bids shall be opened in public at 2:30 P.M. on said date. Bidder shall submi# entire Bid package completed and signed. 2. Alternate bids will be considered un#ess otherwise stipulated. 3. If required, before award or execution of the contract by the City, the Contractor shall file with the City a surety bond satisfactory to the City in the amounts and for the purpose noted. Bonds shall be duly executed by a responsible corporate surety, au#horized to issue such bonds in Idaho and secured thorough an authorized agent with an Offce in Idaho. Contractor shall pay all bond premiums, costs and incidentals. a} Bid Bond if required, Bidder's security shall take the form of a bond, cashier check, or a certified check representing the Contractor's firm commitment to stand behind the Bid price. The Bidder's bond shall be prepared and guaranteed by an admitted corporate surety made payable to the "City of Meridian" , or the certified check shat[ be issued and certified by a responsible bank or banker. b) Performance Bond A Performance Bond may be required to secure fulfillment of all of the contractor's obligations under the contract. if required, prior to the execution of the contractor awarding of a Bid by the City, the successful contractor sha11 file with the City a surety bond satin€actory to the City in the amounts noted herein. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in Idaho and secured through an authorized agent with an office in Idaho. Contractor shall pay all bond premiums, costs and incidentals. c} Payment Bonds 9of22 A PaymentlJ6nd may be required to assure the tractor's full discharge of it's obligations to subcontractors, suppliers, and other labor used on the project. If required the successful contractor shalt file with the City a surety bond issued by a Bdaho admitted surety in the amounts noted herein. 4. No bidder shall be interested in more than one Bid. 5. The City reserves the right to waive any informalities or minor irregularities in connection with the bids received. 6. All provisions of the City Purchasing Policies are applicable to any bid submitted or contract awarded pursuant thereto. 7. If equipment is proposed, it is to be newest and latest model in current production. Used, remanufactured, shopworn, demonstrator, prototype or discontinued models are not acceptable unless otherwise stipulated. 8. Within thirty {30) days after the bid opening, a contract may be awarded by the City to the most responsive and responsible bidder, subject to the right of the City to reject ail bids, as it may deem proper in its absolute discretion. The time for awarding a contract may be extended at the sole discretion of the City. If required to evaluate bids or for such other purposes as the City may determine, unless the bidder objects to such extension in writing with his bid. 9. Except as where the City of Meridian Purchasing Department exercises the right reserved herein to reject any or all bids, the contract will be awarded to the bidder who has submitted the lowest responsible and responsive bid determined by lowest total base bid amount based on the quantities given in the schedule. Quantities are approximate, only being as a basis for the comparison of bids. The City of Meridian Purchasing Department reserves the right to increase, decrease or omi# portions of the work as may be deemed necessary in the sofa discretion of the City. In addition to price in determining the most responsive and responsible, consideration shall be given, but not limited to: 10. The City of Meridian does not discriminate on the basis of race, religion, sex, national origin, marital status, age, physical handicap, ownership by women or minorities or sexual orientation. 10 of 22 G~NERAL TERMS AND CONDITIONS CONTRACTOR DEFINITION The term "Contractor" means an individual or firm, registered with the State of Idaho as a General Contractor, Subcontractor, Specialty Contractor or licensed with the State as a Public Works Contractor or in the discipline required for the work. EQUAL EMPLOYEMENT OPPORTUNITY Contractor agrees to comply with the provisions of Title VI and Vll of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. ADDENDA OR BULLETINS Any Addenda issued during the time of bidding shall be covered in the bid and will be made a part of the con#ract. COST OF PREPARATION OF BID The Ci#y shall not pay costs incurred in the bid preparation, printing or demonstration process. All such costs shall be borne by the Bidder. EXAMINATION OF CONTRACT DOCUMENTS Bidders shall carefully examine the specifications, and satisfy themselves as to their sufficiency, and shall not at any time after submission of the bid, dispute such specifications and the directions explaining or interpreting them. Should~a Bidder find discrepancies in, or omissions from, the specifcations and/or drawings, or should he/she be in doubt of their meaning, he/she shall at once notify the City of Meridian Purchasing Department. Notification is to be in written form and must be submitted at least ten (10) days prior to the bid opening date. Any interpretations by the City will be made in written form. Any change in requirements wiq be done in the form of a written addenda. The receipt ~ of any resulting amendments must be acknowledged in accordance with the directions on the amendment. Oral explanafions or insfructions given before the award of the confract will not be binding. RIGHTS TO PERTINENT MATERIALS AlI responses, inquiries, and correspondence relating to the Invitation for Bid and all reports, charts, coverage maps, displays, schedules, exhibits, and other documentation produced by the bidder that are submitted as part of the bid shat[ become the property of the City after the bid submission deadline. 11 of 22 ~ ~ RIGHT OF THE CITY TO REJECT BIDS The City reserves the right to reject any and alt bids or any part of any bids, to waive minor defects or technicalities, or to solicit new bids on the same project or on a modified project which may include portions of the originally proposed project as the City may deem necessary. BID EiIAL.UATION In determining the amount proposed by each Contractor, the City shall disregard the mathematical errors 'sn addition, subtraction, multiplication and division that appear obvious on the face of the bid. When an item price is required to be set forth in the bid and the total for the item set forth separately does not agree with a figure which is derived by multiplying the item price times the City's estimate of the quantity of work to be performed far said item, the item price shall prevail aver the sum set forth as the total for the item unless, in the sole discretion of the City, such a procedure would be inconsistent with the policy of the bid procedure. The total paid for each such item of work shall be based upon the item price and not the total price. Should the bid contain only a total price for the item and the item price is omitted, the City shag determine the item price by estimated quantities of work to be performed as items of work. If the bid contains neither the item price nor the total price for the item, then it shall be deemed incomplete and the bid shalt be non-responsive. AWARD The City of Meridian reserves the right to award this contract to the Contractor whose total aggregate bid is most responsive to the needs of the City. An evaluation of the Contractors ability, quality, and performance on previous or current contracts will be used in addition to total cost as a basis of award for any resultant contract. The wining Contractor will be required to enter into a "independent Contractor Agreement" with the City. The final ~reement will be a modified version of the standard A!A Agreement modified for the City's use. The agreement wdl utilize the suite of A[A forms SEPARATE CONTRACTS The City of Meridian reserves the right to let separate con#racts for portions of the work concurrently with the project. This Contractor shall work and coordinate with separate contractors and City personnel. . PURCHASE AGREEMENT DOCUMENTS A copy of the Notice Inviting Bids, instructions to Bidders, General Conditions, Special Conditions, Specifications, Plans andlor Drawings, Bidder's Proposal and any other related documents will remain on file in the office of the City Purchasing Agent. 12 of 22 C~ J ADDITIONAL TERiVIS AND CONDITIONS SITE VISIT All interested Contractors are encouraged to visit the areas where the services are to be performed and familiarize themselves with a!I conditions that may affect the time or cost of performance. Failure #o ascertain such conditions shall not be the basis of any subsequent claim or contract modification. PUBLIC WORKS CONTRACTOR All contractors bidding on Public Works projects MUST be licensed with the state as a Public Works Contractor and MUST submit their Public Works Contractors License number with #heir bid. LICENSURE/SUBCONTRACTORS Per State of Idaho Statute #54-1902, the following must be strictly adhered to; Bidders are required to hold current licenses as Public Works Con#ractors in the State of Idaho at the time of Bid, Contractor shall require that all of its subcontractors be licensed in their respective fields, and Gontractor is prohibited to subcontract in excess of eighty percent 80%) of the work under #his Public Works Contract. Any work planned to be Subcontracted shall be so listed on the bid form and the qualified Subcontractor identified. Per State of Idaho Statute #67-2310, Contractor must list a[l subcontractors engaged for this project'and such subcontractors must be licensed by the State at time of Bid. Contractor shag obtain and hold such other [icenses as required by federal and local laws and regulations. A bidder may be deemed not responsible and the bid rejected if a listed subcontractor is not responsible. Responsibility of any bidder or of any listed subcontractor shall be determined at the sole discretion of the City of Meridian. Bidders shall comply with all applicable laws and regulations in submission of bids or be considered non-responsive. INSURANCE AND INDEMNIFICATION The Contractor shall hold harmless and defend, save, and keep the City of Meridian and it's elected; ofFcials, officers, employees, agents, and volunteers free from any/all liability for damages including, but not limited to, monetary foss, judgments, fees, costs, and expense, incurred by reason of claims, suits, or decrees that may arise from any injury to a person or persons or damages to property occurring during the performance of the work determined by this Contract. The Contractor shall reimburse the City of Meridian for all costs, fees, and monetary disbursements of any nature incurred by reason of said claims, suits, or decrees wherein suit 13 of 22 is deemed expedient a~necessary by the City to do so in t~good faith disposition of said claim. Neither party hereto shall be liable for any damages proximately arising from the negligence, wrongful act, or omissions of the other party and shall indemnify, defend, and hold harmless the o#her party from such claim for damage for liability that should occur. Indemnification Contractor shall indemnify the City from any and all claims, losses, damages or liability arising out of this contract from any cause whatsoever,. except the active negligence of the City. Insurance Contrac#or shall procure and maintain at Contractor's expense, for the duration of the Agreement, insurance coverage provided by a Idaho admitted insurer licensed to transact business in Idaho, as hereinafter provided, including insurance coverage against claims for injuries or death to person or damage to property which ma arise from or in connection with the performance or omission to perform any term or condition of the Agreement by the Contractor or Contrac#or's agents, representatives, employees or subcontractors as follows: A. Minimum Scope of Insurance Insurance coverage shall be at least as broad as: 1. General Liability ONE MILLION DOLLARS ($1,000,000.00) combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Genera[ Liability Insurance or other fom~ with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit. ~. Professional Errors and Omissions: Policy limits of ONE MILLION DOLLARS ($1,000,000.00) in professional errors and omissions insurance. 3. Automobile Liability: OwnedlNonowned automobile liability insurance providing combined single limits covering bodily injury liability with limits of no less than ONE MILLION DOLLARS ($1,000,000.00 per accident and providing property damage liability of no less than ONE MILLION DOLLARS ($1,000,000.00 PER ACCIDENT. 4. Workers' Compensation Insurance: Workers' Compensation Insurance as required by the Labor Code of the State of Idaho. B. Deductibles, Sel#-Insured Retentions, Named Insureds 14 of 22 Any deductibles,~f-insured retentions or named ins~ds must be declared in writing and approved by City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self insured retentions or named insured; or the Contractor {r.. shall post cash, bond, or letter of cred'€t guaranteeing payment of losses and related investigations, claim administration and defense expenses. C. The insurance policies are to contain. or be endorsed to contain, the following provisions: 1. General Liability and Automotive Liability Coverages a. The Contractor shall provide a specific endorsement naming the City of Meridian and City's elected officials, officers, employees, agents, and Volunteers as additional insureds regarding: liability arising from or in connection with the performance or emission to perform any term, condition or requirement of the Agreement by or on behalf of the Contractor, services, products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; and automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded #o the City or City`s elected officials, officers, employees, agents, and Volunteers. b. The Contractors insurance coverage shall be primary insurance regarding the City and City's elected officials, officers, employees, agents, and Volunteers. Any insurance or self-insurance maintained by the City or City's elected officials, officers, employees, agents, and Volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected officials, officers, employees, agents, and volunteers. d. The Contractor's insurance shalt apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City and City's elected officials, officers, employees, agents, and volunteers for losses arising from the performance of or the omission to perform any term, condition or requirement of this Agreement by the Contractor. 3. Al( Coverages Each insurance policy required by this section shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30}days prior written notice by certified mail, return receipt requested, has been given to City. 15 of 22 D. Acceptability of insurers • Insurance is to be placed with an Idaho admitted insurer with a Best's rating of no less than A-VII. E. Verification of Coverage Prior to performing any term, condition or requirement of this Agreement, Contractor shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certi#icates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements shag be received and, in City's sole and absolute discretion, approved by the City before any term, condition or requirement of the Agreement is performed by Contractor. City reserves the right to require complete copies of aq required insurance policies and endorsements, at any time. F. Subcontractors Contractor shall require that all of its subcontractors shall be subject to a[I of the insurance and indemnity requirements stated herein. G. Insurance Limits to Not Limit Contractors Liability The limits of insurance described herein shall not limit the~liabifity of Contractor and Contractor's agents, representatives, employees or subcontractors. PAYIVIENT REQUEST Payment requests shall be submitted to Petra, Inc., Attn. Wesley Bettis Jr., Construction Manager. The Purchasing Agent will forward a copy to the Construction Manager for review and approval. The Purchasing Agent and Construction Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done and in compliance with the Agreemen#, the Purchasing Agent will return the invoice to AP for payment. CLEANUP Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting frnal inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup is not performed. TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAIUTAGES Upon receipt of a Notice to Proceed, the Contractor shalt have {negotiated] calendar days to complete the work as described herein. Contractor shall be liable to the City for any 16 of 22 delay beyond this time ~iod in the amount of 150.00 er ~ndar day at owners discretion. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. FORM AGREEMENT Form Agreement; Exceptions and Alternatives. The Agreement to be used will be a derivative of the standard AIA Agreement, modified for use by the City. The successful bidder will be expected to sign the Agreement upon award of the Bid. Any alternative terms must satisfy all minimum qualifications specified in the IFB. The City expressly reserves the right, in it's sole discretion, to ('[ } reject a bid containing any exception or atematives as non- conforming, or (2) accept any bid altemative or exception and tv award a contract based there on if determination to be in the best interest of the City. BID INQUIRIES Questions, in written form, regarding this bid should be sent to: City of Meridian, Purchasing Department 33 East Idaho Avenue Meridian, iD 83642 Attn: Keith Watts wattslc@meridiancity.org {2Q8) 888-4433 x207 17 of 22 EXHIBIT A LIST OF SUBCONTRACTORS In accordance with the State of Idaho Statute #67-2310, alI Bidders must list the names and license numbers of a!i subcontractors and the percentage of the total bid price for each. Bidder may not subcon#rac# more than 80°l0 of the #otai project cost per Idaho State Law. Failure'to compiete the list of subcontractors will render Bid as non-responsive and cause Bid to be rejected. Trade to be Performed Contractor License Number Percent of Total Contract Subcontractor's Name, Address and Contact Person 1. Plumbin 2, Electrical 3. HVAC 4. Instrumentation 5. Coatin s 6. 7. 8. 9. 18 of 22 EXHIB[T B LIST OF EQUIPMENT MANUFACTURERS N4T USED 19 of 22 EXHIBIT C • CONSTRUCTION EC,~UIPMENT LIST Bidder shall list al equipment which will be used in the performance of the work, including location, ownership, and how the equipment will be obtained, if not already owned or controlled by Bidder. Number and T e Capacity and Manufacturer Age and Condition Current Location Date on Worksite 20 of 22 EXHIBIT D CONTRACTORS QUALIFICATION /EXPERIENCE STATEMENT 7 . On Schedule A, attached, list all major, similar construction projects completed by your firm in the past fve {5} years. 2. On Schedule B, attached, list current projects under construction by your firm. If joint venture list each partner and their respective responsibility. 3. List the name, address and contact of your firms surety company. 4. On Schedule C, attached, list the experience of the principal individuals or your firm Who will involved in this construction project. 5. Has your firm ever failed to complete a construction can#ract awarded to it? { )Yes ( ) No If yes attach explanation. 6. I n the last five (5} years, has your firm ever failed to substantially complete a project in a timely manner? { )Yes { ) No If yes attach explanation. 8. Wha# is your firms approximate total bonding capacity? 9. Does your firm have a formal safety program? ( )Yes ( ) No If yes please provide a copy. 21 of 22 N W L °' a ~~ a U R C O t~ V ' Q tl.l -. a "'~ U 1-- f/} r.+ _ a a ~ z w m ~ a~ d ~ ~ E a o v° ~ U J ~ ~ F ~ U W W _ '~ ~ tL i n. ~ O C'f V i- z U ~ O 3 Q O v ~ ~ 0 =a o ,~ ~ o O Q ai •~ • L d ~ ~ E ° ~ ~ a c~ ~s c 0 . ~ a c 0 V z 0 r ~ ~ o ~ ~ ~ a i s Z N O U [ri ~ LLI LIJ ~ Z 's d ~ ~ ia o ~. _ ~ ~ o ~ ~ V O a c ~ ~ ~ L .7 U V L d C 0 U ~ Q ~a o ,~, cc ° 0 0 *. ~ •~ ~ m 0 • 0 N y V ~ ~ y ~ 'i ~ d b ~ ~+ . N O Q. O L Q d L: Q ~ ~ H ~ iQl+ r+ N ~ ~ O U J U W Q O L W !11 _ _ O l~ ~ N O d Z • . ADDENDUM NO. 1 TO BID NO. CH-06-001 • t, ^ V , crrY of ~ , ~~z~zG~-YI ~ ~ `~ io,,HO ,/ `~e N H. V ti AgIR (yryy'~ ADDENDUM N0.1 BID # CH-06-001 TO: ALL PROSPECTIVE BIDDERS Reference: Meridian Creamery Abatement & Demolition Subject: Protect #CH-06-001 -Addendum #1 5~ PURCHASING AGENT 33 East Idaho Avenue Meridian, ID 83642 Phone: 208-888-4433 Fax: 208-887-48'i 3 September 28, 2006 Prospective Bidders for the above mentioned Request for Bid are advised that the bid is hereby corrected and amended as follows: This Addendum #1 to the Reques# for Bid to provide abatement and demolition to the Meridian Creamery, Project #CH-06-001, dated September 20, 2006 is issued for the purpose of adding Option Pricing for eliminating the salvage requirements for the brick and to clarify the remaining salvage materials and to distribute the Pre-Bid Meeting Minutes. 1. This addendum must be signed and faxed to the purchasing department @ 208-887-4813 and acknowledged on the bid form submitted with your bid. 2. The pre-bid meeting minutes are included herein and by this reference made a part of the request for bid. 3. The six (6~ photos, included, show a sample of the Barrel Trusses and 2x's and the smoke stack door that are referred to in item # 00009 of the Pre-Bid Meeting Minutes. 4. A!I salvaged items for the City's re-use wiif be stored onsite. 5. A site plan is attached far reference. 6. The line of trees along the canal at the South edge of the property are to be removed. 7. All other terms and conditions of the bid remain the same. Please note the corrections by signing below and caU me if you have any questions. Sincerely, Keith Watts Purchasing Agent 1 of 2 • Firm Name Typed or Prinfed Name and Tifle Signa#ure Date 2 of 2 i ~ BID FC}RM State number of days to complete Abatement State number of days to complete Demolition State number of days to complete Demolition (Without Brick Slavagej Total cost to include ail labor, material, equipment, freight, insurance, travel, lodging, incidentals, and applicable taxes Payment_Discount Cash discount of % far payment wi#hin calendar days. (No deposits, prepayments or percentage payments will be allowed] Certificate of Understanding The undersigned represents and warrants that the undersigned has examined the location of the proposed work and is familiar with the local conditions at the place where the work is to be done, and the undersigned has reviewed and understands the plans, specifications and other documents, and the undersigned is satisfied with all conditions for pertormance of the work. 7 of 22 ABATEMENT & DEMOLITION BID NUMBER CH-t}6-t)01 The undersigned has checked carefully all the above figures and understands that the City of Meridian wiii not 6e respansibie for any errors or omissions on the part of the undersigned in creating this bid. The undersigned declares: that he/she holds the position indicated below as a corporate officer or the owner or a partner in the business entity submitting this bid; that the undersigned is informed of the relevant facts surrounding the preparation and submission of this bid, that the undersigned knows and represents and warrants to the City of Meridian that this bid is prepared and submitted without collusion with any other person, business entity, or corporation with any interest in this bid. I declare under penalty of perjury that the foregoing is true and correct. CONTRACTOR/FIRM: Sy: PRINTED OR TYPED NAME: TITLE: DATE: 8 of 22 • m : a W ~ ~y g 3 ~ ~ ~ ~ ~ ~~s 7 ~ ~~ ~ ~~ ~~ a 3 O O ~ u'i' ~$ ~ ~ ~ S ~ ~ " ~ <~ a ew~Cp ~Z~~G A~ v z ~' ~ ~ ~ ~ ~ ~~~~3 ~~~z~~ ro 0 ~~ ~ g~ ~~ ~ ~ ~~ a~~~~ ~~t~ ~~ ~g ~ ~ ~ ~~ ~~ ~~~ ~~ R B~Y~d~i~~~ ~~ :!S l6rd :Y {ti i @ $~ _ rw,ro ~ r O I wm r /+.ara a ,mm ~ vco a. 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BlACKEAGLE DR. • BOISE, ID 83704 • PHONE: (208) 323.4500 • FAX:~208) 323-4507 PROJECT TITLE: Meridian City Flall MEETING DATE: 9/26/2006 LOCATION. Jabsite SUB]ECT: Pre-Bid Meeting &Tour--Abatement & ATTENDID TNYT,[ALS A'rI`ENDEE NAME COMPANY NAIN~ Y Ada h n mated Y D.H 0 e m Contra LiC Y DH Holman NaRhwestT Inc Y DMN Oave M Sanita Services Y DaNd A Ido Ideal i Y C Getusl. Cun he C&C S D tdon Y ]AW Jason Wallace Brothers Conatna;ti Y ]HM Im Hol NorthwestTec as Inc Y 1(eldt Bird of Merldlan Y itWr KeRhWa oFMeddlan Y MSZ Ma arre C&C Salvo a Demolition Y ST Stave Chdstemen Lombard Conrad Y Ta <m Intermountain & Abatement Y Wes 8 K Petra Inca Y I W8G I wntl Bem I city of Medd~n I ITEM DESCRIPTION STATUS S'T'ARTED DUE SALL IN COURT 00001 Sign-in and introductions: A total of 15 present. NEW PkTRA WB Distribution pf meeting agenda. 00002 Project Review: 4 Acre site to be completely razed of ail NEW PETRA WB structures above and below grade including foundation walls and footings, Backfill with material that is on site and grade to approximately 1 to slopes, The demo includes the stack and the boiler house, the main creamery building, the warehouse building, lean-to on warehouse and the masonry shed in the SE corner of the property. 00003 There. are no Federal or State funds involved in the NEW PETRA WB financing of this project, therefore no bavis-Bacon or other Prevailing Wage Taw requirements or associated paperwork. All bidders, to be considered must have a current Idaho Contractor's Registration (RCE #) and a current Idaho Public Works Contractor's license with a rating equal to or greater than the value of the work bid. Bid documents turned in without this information on them, as welt as any required bid bonds and other bonding information may 6e disqualified from any consideration. 00004 Petra, inc. is the Construction Manager for all phases of NEW PETRA WB the new City Hall construction. AB communication and documentation will be run through Petra, Inc, both pre-bid and past-bid. Prepared Bys Petra IncDrporated Dated: 9/26(2405 '°° • MEETING MINUTES No. 00002 Page 2 of 4 BOISE, IDAHO 905b W. BLACKEAGLE DR. • BOISE, ID 83709 • PHONE: {208} 323-4500 • FAX: {208) 3Z3-4507 ITEM DESCRIP'RON STATUS STARTED DUE BAU.IN COURT 00005 Access and Parking: Four access gates have been NEW PEfRA WB Installed in the temporary fence. One man gate on the North side; one double panel gate on either end of the existing East-West alley; and another double panel gate on the curb cut to the SW corner of the site on Meridian St. The stripped parking IoC on the EasC side of the fence across from the old Farmer`s and Merchants Bank Bldg will be available during the course of the abatement and demo phase of the project for parking and staging. On street parking by construction personnel is strongly discouraged to minimize the impact of this project an daily operations. Absolutely no construs~ion parking at the Zamzow's Miil Property. It is strongly encourage that all bidders attempt to make contact with the adjoining property Owner to the East of the Parking Lot, the old gas station, to gain permission for access and staging into the construction site. The Property Owners are the Buich's and a phone number wtll be provided in the addendum. 00006 Traffic: It is recommended that the Meridian St. access NEVI PEfRA WB points be used as "In Only" .The high volume of traffic vn Meridian St will make it difficult to exit and turn right or left. Main St. is a better exiting route. The Successful Contractor(s) will be responsible for designing, getting approval for and implementing a traffic control plan for any time their work impacts the traffic lanes or when the fence needs to be moved into a traffic lane or otherwise impact the traffic flow. Failure to get approval on a traffic plan from ACFID and/or Meridian City does not constitute grounds for a change order ar project delay. 00007 13id Form & Process: Additional and supplemental bid NEW CITYMER KWT documents are available upon request from Keith Watts the City Purchasing Agent or Petra. Bids wiii be received In the City Clerk's Office prior to 2:30 PM on bid day, Thursday October 5, 2006. Bid opening wiq be public and in the City Council Chamber. Any questions, requests for information or clarification are to be submitted in writing via U.S. Maif, Fax or E-Mail to the CM at Petra for written response. Answers, with the corresponding question will be distributed to al! active bidders. Prepared Byc Petra incorporated Dated: 9/26/2006 X01 9056 W. BEACKEAGLE DR. • BOISE, ID 83709 • PHONE: {208) 323-4500 • FAX: (208) 323-4507 ITEM DESCRIPTION STATUS STARTED DUE BALL IN COURT' 00008 4uestions: Page 5 of 22, last paragraph notes that "AN NEVI! CIIYMER KUVT _ non-hazardous material waste must be transported from the site by the Gty's contracted waste disposal contractor, SSC." After discussion with the Dave Masan from SSC it was noted that during the abatement and demo phase of the construction, the Contractor(s) are responsible for transportation and disposal of all waste generated from this scope of work in a properly licensed and permitted facility. 00009 Addendum 1: An addendum will be published and NEW CTTYMER KVU7 distributed later this week with supplemental information and clarifications. This will include a better site map and mare clarification on salvaged materials. Currently the materials the City would like to retain for reuse in the new facility for historical reference include: the door and frame off the stack; the brick from the East side of the creamery bldg, and all of the brick off the warehouse building (exterior faces only}; and the barrel trusses (3} disassembled and stacked and all of the 2x purlins over the barrel trusses and the the beams only in the balance of the warehouse. All salvaged material is to be stored off-site in a location to be noted in the Addendum. Particular note was made of the comments by the touring bidders regarding the cost and time associated with the salvage operations and this information was forwarded to the City Leaders for further consideration. Opp~.O Safety Program: Safety is a priority on this very high NEW PEfRA WB profile project. The successful contractor mots file their company safety program with the CM after notification, but prior to fine execution of their contract with the City. The Demo Pian must be filed with the CM prior to the execution of the contract with the City. This may be in narrative form, but needs to outline the process and plan for work[ng through the project. Petra, Inc is a Partners with OSHA Contractor and will keep this a safe site at aU times. Failure to maintain a safe work site or participating in unsafe practices is grounds for removal from the project and defaulting on the contract. Copies of the Contractor(s) weekly safety meeting minutes and sign-in sheet for all employees working on sire must be forwarded to the CM within one week of the previous meeting. Prepared 6y: Petra Incorporateri Dated: 9/26/2006 ~fQt1On • MEETING MINUTES No. 44402 Page 4 of 4 323-4500 130ISE, LDAHO Rcsas7s 9056 W. BlA{7CFAGLE DR. • BOISE, ID 83709 • PHONE: {208) 323-4500 • FAX: (208} 323-4507 ITEM • DESCRIPTION STATUS STARTED DUE BALL IN COURT 00011 Time Frame: The current schedule notes completion of NEIN pEfRA PC the abatement and the demo by the end of this calendar year. It is noted that once contract(s) are issued that demolition may begin on•structures that contain no hazardous materials and in areas of the creamery building that contain no hazardous materials. However, the City is looking to the bidding parties to denote the most cost effective time frame for the scopes of work to determine the final timeline. 00012 Tour of Site and Structures. NEW PEfRA WB Questions that were raised: Will water be provided for dust control. The CM will work with the City to secure a hydrant on site to provide water for construction purposes. What to do with the well house on the South skis of the Warehouse Building? Remove the block and wood structure, then mark the well head with a T post painted blue and protect from being covered-up or removed. LCA and Petra will get well location(s) located on a control set of drawings. What is.in the barrels located on the second floor of the creamery building? It appears that this is water used far support/ballast for the paintbadl operations, but Petra will look into this further and respond in the addendum if possible. Will only one contract be awarded for both scopes of work? No, the City will evaluate aB bids and determine the best package for the City within the guidelines of the applicable IpWC statutes. That is why there are separate tine items for each scope of work and a third line for a combined bid. ' Prepared By: Petra Incorporated traced: 9/26/2006 "~^ ~ ~ CONTRACTOR'S SUBMITTED BID .~ .a crn~ ~ t' Y . ,qty ianfto -; ""•c ~. k~ •~ V q(7A1i.fli ~ aY p~ .11W • PURCHASING AGENT 33 East Idaho Avenue, Meridian, ID 83642 Phone: {208} 88$-4433 x207 Fax: (208) 887-4813 INVITATION Ft~R BID BID fVO. CH-06-00'( PROJECT NAME & SPEC[F[CATIONS: ABATEMENT & DEMOLITfON . . BIDS MUST BE RECEIVED PRIOR TO 2:30 P.M. OCTOBER 5, 2006 DELIVER BID RESPONSES TO: } City of Merldian, City Cferk 33 East Idaho Meridian, ID 83642 Bidders are required to submit one (1) original and two {2) additional signed copies of their Btd response {including all requ€red attachments) to the above address. Bids shall clearly identify the Aroiect name, Bid number. and Bid response date on the outside of the envelope and be delivered in a seated emrelope. Failure to do so may cause the Bid to be rstected_ PRE-BID CONFERENCE DATE: PRE-BID CONFERENCE TIME: SEPTEMBER 25, 2006 2:00 pm MST LOCATION OF PRE-B1D CONFERENCE: 27 E. BROADWAY MERIDIAN, ID 83642 NAME AND LICENSE # OF COMPANY SUBMITTING BID NAME:_ _ ~~'JG~t.. 6~~ltil.ocr~ 1 ~ o-y •-, ~ \c._% S {.,r-~- ~- IDAHO CONTRACTORS LICENSE NO. \"~~~ ~~~ PUBLIC WORKS CONTRACTORS LICENSE NO. ,~~`~-~-- ~ -- ~'~ Signed addenda/addendum to~included in the B!D Response. Contractor to complete the below and return with the B~~I,,tD Response. addendum No. .:a.., Dated °l- ~f-Of•L Date Received of-`~-`~ ~~ (~ Initials Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Oated Date Received lnitiais Initials t _ Date Received Initials Date Received Date Received initials Addendum No. Dated Date Received Initials Bidder's Name {Printed): S`j~,~a~ G~ /~p,A,. {s.~`G;~,,.~ Bidder's Signature: ~ • 4 Bidder's Titie: p~~t~i~~ BOND REQUIREMENTS Bid Security required Bid Security Yes Amount $ 5% of the Bid Price Performance bond required (Performance Band -Yes) Amount $ 700% of the Con#ract Amount ixyment bond required (Payment Bond -Yes} Amount $ 100% of the Contract Amount *See item 3 ,under General Terms and Conditions for specific security/bonding requirements.' if required, only the successful Bidder shat! submit a performance and payment bond as described in the General Terms and Conditions of this Bid. FOR CITY USE ONLY Bid was opened on above date and at prescribed place. Received: [ ]Cashiers or Certified Check drawn on a Idaho bank j Surety Bond By: Purchasing Agent. City of Meridian 2 of 22 • NON-COLLUSION AFFIDAVIT TO t3E EXECUTED BY BIDDER ANA SUBMITTED WITH BID •.i (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the City of Meridian, Purchasing Department: ,~ In accordance with Title 23 United States Code Section tt 12 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, paitr-ership, company, association, organization, or corporation; that the bid is genuine and not collusive ar sham; that the bidder has not directly or indirectly induced or selicited any other bidder to put in a false or sham bid, and has not directly on indirectly colluded, conspired, connived or agreed with any bidder or anyone else to put in a sham bid or that anyone shalt refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the t~idder or any other bidder, or to fix any ovefiead, profit, or cost element of the bid price. or of that of any other bidder, or to secure any advantage against the public body awarding the contract of any one interested in the proposed contract; that all statements contained in the bfd are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. DECLARATION UNDER PENALTY OF PERJURY The undersigned Bidder declares and certifies under the penalty of perjury: tl~at the only persons or parties interested in this bid as principals are those named herein as Bidder, that helshe holds the position indicated below as a corporate officer or the owner or a partner in the business entity submitting this bid; that the undersigned has examined the °General Conditions and Instructions to Bidders" and the specifications; that the undersigned is informed of all the relevant facts surrounding the preparation and submission of this bid, that the undersigned (if awarded the contradj will execute and fully pertomn the contract for which the bids are called; that the undersigned wits perform all the work andlor furnish alt the materials specified in the contract, in the manner and time therein prescribed, and according to the requirements as therein set forth; and that the undersigned will hake in full payment therefore, the prices set forth in the attached schedule "Form of Bid" Knows and represents and warrants to the City of Meriden that this bid is prepared and submitted without collusion with any other person, business entity, or corporation with any interest in this bid. l declare under penalty of perjury that the foregoing is true and correct. Name of Bidder: ~~~_~ ; (~ ,iQ,,.~~.Cz.,~c...,` tiJ ~-~ -, `Type of Business: O Individual doing business under own name (] Corporations ~Individuai doing business using a firm name O Partnership O Joint Venture (Please attach Joint Venture Agreement} Business Address: ~~ °1.°l ~ 1.,.t",. i~~ City, State, Zip Code: _ L ~.~1 ~l„c="" ~, ~ y (~ ~'{, '~ ~ 1 ~-- Dated: '1 O -- ~ -- 6y: Name: ~~~~ (Print initials) {Type or Print Name) Title: m~,-~~ ~2~ t Email Address: ~,(, a ~~i i r~ ~ ~ a} t~~ a ~~,.~ r, ` ~ ~-- t fi.,,.~ . ~ O u-~ Telephone Number: °d~O~S 3b ~ ^ (~ J ~--~ Fax Number : ~~ S '-t-L~,LS~ `To be signed by authorized corporate officer or partner or individual submitting the bid. } EXAMPLE if Bidder is: 3of22 Sign: EXHIBIT A LIST OF SUBCONTRACTORS ,1 En accordance with the State of Idaho Statute #67-23~ d, all Bidders must list the names and license numbers of aIt subcontractorstand the percentage of the total bid price for each. Bidder may not subcontract more than 8t)% of the total project cost per Idaho State Law. Failure~to complete the lis# of subcontractors will render Bid as non-responsive and cause Bid to be rejected. Trade to be Performed Contractor License Number Percent of Tots[ Contract Subcontractor's Name, Address and Contact Person 1. Piumbin 2. Electrical 3. t-iVAC 4. Instrumentation 5. Coatin s 8' ~ p~f 1 u ~^~A&~ twa-~ s~/aF F awn JG da."~T-~ ~..I 7. 8. 9. 18 of 22 EXHIBIT C CONSTRUCTION EQUIPMENT LIST Bidder shag list al equipment which wi[I be used in the performance of the work, including location, ownership, and how the equipment~will be obtained, if not already owned or controlled by Bidder. , Number and T e Capacity and Manufacturer Age and Condition Current Location Oate on worEcsite vt GA t~ ~J'~': R S 3 o,tx~n ~-t~ ~,o.~~; ' (-~ C67~•.J Utz. ~~ ~-- y~.oS'" ~~5 d ~ ~ Ls~'T" ~.o S~ ~i7 F~~- we ~i zo of zz • EXHIBIT D CONTRACTORS QUALIFICATION /EXPERIENCE STATEMENT 1. On Schedule A, attached, list all majq~, similar construction projects completed by your firm in the past five (5} years 2. On Schedule B, attached, list current projects under constntction by your firm. If joint venture list each partner and their respective responsibility. 3. List the name, address and contact of your fim~s surety company. 4. On Schedule C, attached, fist the experience of the principal individuals or your firm Who wilt involved in this construction project. b. Has your firm ever failed to complete a construction contract awarded to it? ( )Yes (~) No If yes attach explanation. 6. In the last five (5) years, has your firm ever failed to substantially complete a project in a timely manner? )Yes ~~) No Ifi yes attach explanation. 8. What is your firms approximate total bonding capacity? _ ~5 0©, ~o ~ 9. Does your firm have a formal safety program? `Yes ( ) No If yes please provide a copy. 21 of 22 r ~ n to ~. n y -~y ;~ ~ .,i r~ ~ O N ' ~ ~ ~ ~ ~ ~ ty ~ O r ~ ~ ~ x + D ~ C O ~ n ~ C n i W ~ ~ c D 0 ~ ~ • ~ ~ ~ i `(~y~ p cP ~ ~ `""' x ~ C~ A ti ~ .~+ O ~, ~ O t]. ~ ~ ~k ~ O ¢ ~ ~ ~ o ~ O ~'4~ -~c ~ ~ ~ ~ ~ i O v O ~ ~ ro td ~ ~ . ~~v v !~. ~ ~ L.: ~ ~ tD ~p o ~~ ~ Q ~~~ ~ ~ .. ~ ~ ~ ~~ ~ xa.~~ ~T y o~ , G' i ~ ~° ~ n~~ ~~ ~~ ' ~ p„ , ~ ~' ' :~ O O O O O O .'~ ~ O rr ~ CG N CD t'D ~ ~ W ~ ~ ~ O ,~,~ Ll. t-L Q. ~ ~ ~ r~-~ i -t ~ K~ a W W O ~' O O N p O O s'i. C Q1 ~ ~ ~ Ot N l Jt LpJt VO1 O~ ~ l4Jti ~p f~D CD CL w N ~ ~ "' a ~ o 0 0 oNo w ~ ~vNi uNi Q ~ t~' n ~ °o ° o ~ 0 v°~ o °o i~.~ °o oo o ~ ° rn o ~• °o ~ c~ii M ~ ~ ~ ~ ''~ o °o ° O° , o° , °o ,, o °O ° o° , o° °a c a , .,. ` I I ~ O O ~, h 1.r ro ~. ~ M H !D~ A~ d C~ 0 mow~}, Fr• CD ~. C~ ~t fD O ---• •• • ••---•~ • • •-~ ..~. a},ynuyn+uer wu~,c rns~ry mcn srmnar dollar amounts for the class of license desired. List at least 5-6 projects par year for the fast three years starting with your biggest pr~ect {dollars). Please.list only work you have completed with your own resources. If work history is for a Conner employer, Indicate that company and your position with them at the time. Please be specUfiC and list work history that supports the types anti categories you marked on pages 7 & 8. It it is insufllclent, yov wlli be asked to submit more. ~..~. Please attach additional pages 1f necessary. This. weMtw ..... Year Do1larAmount - - - -- -- --•--~.~_ ._..........,.,, .. y.nuvs v~ huumg ~ ~.aeng Specific Work Desert tlon mg types or GaT@ Location gOn@S. For Whom Performed 1 2 2006 200fi 105,500 282,000 Interior and Stte Demoliton, Excavation (Golds Gym) Interior and Site Demolition, Excavation (Boise Town Square Mall) Boise, id, Boise, ld. Ideal Demoliton Serv. Ideal Demoliton Serv. 3 4 2005 2004 500,000 575,000 Interior and Site Demoliton and Asbestos Abatement Interior and Site Demolition and Asbestos Abatement Torance, Ca. EI Segundo, Ca. SouUiweswt Industries Southweswl Industries 5 8 2004 2004 380,000 200,000 Interior and Site Demolition and Asbestos Abatement Interior and Site Demolition and Asbestos Abatement Santa Clarita, Ca. Saugus, Ca. Southweswt Industries SouUnveswt Industries 7 2004 388,000 Interior and Site DemoCUan and Asbestos Abatement Riverside, Ca. Southweswt industries 8 2003 300,000 Complete Demolition 8 Story Bul[ding Los Angeles,Ca. Castle Rock Endaomen{al g 2003 225,000 Complete Demolition SchooE Palm Springs, Ca Castle Rack Enviramental 10 2003 150,000 Complete Demolition 2 story building Simi Valley, Ca. Castle Rock Enviromental 11 ~~ 55.800 Complete Demoliton School Los Ange[es,Ca. Castle Rock Erniromental 12 2003 75,400 interior Demolition USC Ca mPus Los Angetes,Ca. Castle Rock Enviromental 13 2002 t50,000 Complete Demolition 4 story building long Besch,CA. American Wredring i4 2002 1,000,000 Complete Demolition 56 Acre Sfle La Habra, Ca. American Wrecking 45 2002 1,000,000 Complete Demolition 32 Acre Site Burbank, Ca. American Wrecking 1 fi 2002 250,000 Complete bemotitian Library Los Angeles,Ca American Wrecking 17 2482 780,000 Complete OemoUtion Concrete BuiEalin $ Orange, Ce. American Wrecking 18 18 20 Fined asset Itst: Only list equipment used in your business. Please attach additional pages it necessary. You may submit a depreciation schedule If you have one that is already prepared. This section onl needs to be completed for Originals or Adding f Changing es orp ones. Description Year Purchased Owner Original Cost Deprecletion Book Value Market Value PYYF•1Q3 Rev {GJ5/2006 9 a19 i ~ ~ ~ ~ W 7 ~ ~ 1 R o, 7 ~ ~ .~ ~ ~ ~ ~ m ~ ~ o ~ ' '~ ~ ~ ei c°7i ; . a ~ ~ ~ ~ O c~ b o V ~ J z ~ o a ~' ~ ~ ~ ~ ~ ~~ z u~ 0 U (Yl ~ U! W '17 ~ z ~ ~ ~ °-' o o. n ~ ~ ~ c ~ ~ U U ~ O LL L ~ O ( jj ~ G (/~ i Li. ~ Q ~ ,` ~J U U ~ m 3 a ~ O ~ ~ ~t ~ a-, o ` , ,, o a v c~i c !. ~ ~ ~ 0 0 ' ~ :. a E ~ n ~, U ~ ~ c 0 .. m a~ ~ a «: . N 0 a 0 i a v~ ru c ~w N r.. N a o v U ..1 C3 [L[ ~ z ~ z m u°i ~ x ~' U ~ 0 ~~3 ~ 4. r U tc O O ::~ .y O 0. d m ~ z ~ J 4~ BID FORM ABATEMENT & DEMOLITION B1D NUMBER CH-d6-00'l •~~'v~~„,~~i ~~'wa~~'~'•G!t`li~;t.°'~~. Kt.tJ'4r`:`^•~`1'a~~tT F`~'%$+ ~.'~`i' ~ p ~•~ ,rM~?:'i,!:'~'.i. k=~'~~'#}~': ~~~a}~~r:X~'~~5~59.3~'~~~9a.~~`~':~Y~~S t .b ', 4~i ,e ff ,~ Furnish all labor, materials, equipment, and incidentals as required for the ABATEMENT of project site per the Scope. of Work and Work Description........... $ ~',~, t~pp ~, ~~~ Furnish all labor, materials, equipment, and incidentals as required for the DEMOLITION of project site per the Scope of Work and Work Description .......................................$ r~-~ (, per. ~~ , TOTAL, IF AWARDED BOTH ITEMS ..............................................$J$Cp, ~'`}~(~~ OCR OPTION PRICING: Furnish all labor, materials, equipmen#, and inciden#als as required for the DEMOLITION of project site per the Scope of Work and Work Description...WITHOUT BRICK SALVAGE FOR OWNERS USE {Retain for Demo Contractors Use} .............................................. $ ~- i S5~ pt~~, ,~~ _ TOTAL IF AWARDED BOTH ITEMS AND WITHOUT BRICK SALVAGE FOR OWNERS USE {Retain for Demo Contractors Use) ..................................................$ ~' 1 3, 0 c`?c~ S#ate number of days to complete Abatement ~ State number o€ days to complete Demolition ~~J State number of days to complete Demolition ~ (Without Brick Slavage} Total cost to include all Tabor, material, equipment, freight, insurance, travel, lodging, incidentals, and applicable taxes Payment Discount Cash discount of ~~% for payment within ~~calendar days. {No deposits, prepayments or percentage paymen#s will be allowed) i • The undersigned has checked carefully afl the above figures and understands that the City of Meridian wilt not be responsible for any errors or omissions on the part of the undersigned in creating this bid. The undersigned declares: that he/she holds tf~e position indicated below as a corporate ofhcer or the owner or a partner in the business en#ity submitting this bid; that the undersigned is informed of the relevant facts surrounding the preparation and submission of #his bid, that the undersigned knows and represents and warrants to the City of Meridian that this bid is prepared and submitted wifhout collusion with any other person, business entity, ar corporation with any interest in this bid. I declare under penalty of perjury thaf the foregoing is free and correcf. CONTRACTOR/FIRM:_~.~,~~L, ~+~c=~,J~lbLi~fp~} ~R~ ~(_,~,C a ._ PRINTED OR TYPED NAME: _c~~ ~~ ~4/.~..[~l c,.~' ~ ~~ TITLE: ~c.~7,~.,~ ~+:% ~ DATE: 'LC7 ~0 ~' ~ ©~,, .- 0~, i 0 ~ %L~ 1:,.i ~ Y ~F ~,l~L ~IDI~f`~ .,______- ~~ V Firm Name ~ ~~ ~~ ~ r Typed ar Printed Name and Title t gnature t a i ~,~ Date 'E v-u~-ubr'05: t30 RCVD 2af2 t~d ST6b-S9E-B0~ sa~tn.~ag uot~tToutaQ IeaPI WdSb~E 9002 ZO ~~0 ~ ~ THE AMERICAN INSTITUTE OF ARCHITECTS AIA Documenf A310 Bid Bond KNOW AL,I, MEN BY THESE PRESENTS, that we ideal Demolition Services, LLC 2299 S. Mill Road Emmet, ID 83617 as principal, hereinafter called the Principal, and North American Specialty Insurance Company 960 W. Broadway Ave. Ste. 420 Boise, I D 83706 a corporation duly organized under the laws of the State of New Hampshire as Surety, hereinafter called the Surety, are held and firmly bound unto City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 as Obligee, hereinafter called the Obligee, in the sum of *5% of the tots! amount of the bid attached hereto'""E******'"""********* Dollars ($******"*****} for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Demolition and Abatement of Meridian Creamery. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding ar Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perforrn the Work covered by said bid, then this obligation shalt be null and void, otherwise to remain in full force and effect. Signed Baled this 5 ay of October ,2006 . _ Id~eal_Delaaolition Services, LLC "~ (W' ess) ``~+ { Rncipal} (Seat) tt`~-~ G / {r~rie) f/ North American Specialty insurance Company lS (Seat} Cindy Utek / tress) _,,, ~/ Terry S. obb {Title) Aifomey-in-fact AIA DOCUMENT A310 • Blp BOND • AIA ~ + FEBRUARY 9970 ED • THE AMERICAN INSTn'UTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20008 ,~ NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY ~, GENERAL POW~R OP ATTORiV)EY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office m the City of Manchester, New Hampshire, and Washington International Insurance Company, a earporatian organized and existing under the laws of the State of Arizona and having its principal oflice in the City of Itasca, Illinois, each does hereby make, constitute and appoint: TERRY 5. ROBB, WILLIAM F. POST and MARY JAOLJIER _ JOINTLY OR SEVERALLY its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts ofsuretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of TEN MILLION {I0,000,000.00)DQLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24~' of March, 2000: "RESOLVED, that any two ofthe President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is anthorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and alt contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers end the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures of facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." ~~~nuuln+a/q,~ ~~..Q~AUTY~by ~~~Y~] _ 'g~~dllgmaary~p,.~ \O~yQ v'~'Pd%j;~~G~~G fF.%7^ //,~> ,S~~~v~ t~ ~°~.-y'lj .? J , f y. ~~:• Sl+gl. `nom Staved P.AndeBraon,Prealdent&CbME:ocuNreoWeerolWaa6 30~(~11tPOliATEi~fl. tU i~ 1973 Q4r''n ~ Vke PresWem of North Amerlao Speetatty 1 ~uraneo Company I Inwranm Compndy & ? ci} S I: ~ (, i ~,~y kAUPS't,,.:''$p~~9 =L~i ARItQflA er ~~rd *,,~. ''iq~~~h pllafi~t~~~~,`` wrc~a *4,4/ * ~ DnrW M. Layman, Vice Ptenideof or Wash[ngtan IntetnAtional Inemanm Company & Vim P~vsidmt ofNonh Amariean Spedalty Inrnnmm Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 28th day of Au st X006 . North American Specialty insurance Company Washington International insurance Company State of Illinois County of Du Page ~' On this 28th day of August , 20 06 , before me, a Notary Public personally appeared _ Steven P, Anderson .President and CEO of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and David M. Layman , Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, aclalowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. SiJSAN ANSEL , NtttaryFutHc,Stateoirltt~s Susan Ansel, Notary Public tdgCommissioo Expires?lS12008 I, James A. Carl}enter ,the duly elected Assistant ecretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International insurance Company, which is still in full force and effect. iN WITNESS WHEREOF, [have set my hand and affixed the seats of the Companies this 5 day of OCtOber .200 5 . g'm``~s~ Janxa A Ca~pwtar, Viea Prraidept & Aaislom Stxretdty of weshin6KOn Intomatiodd intutm~ce Company $ Nosh Amaimn Speaalry tnsotanm Company TREE AND STUMP REMOVAL SPECIFICATIONS TREE AND STUMP REMOVAL SPECIFICATIONS Removal of all remaining trees and stumps at the Meridian Creamery Site, not included in the original Invitation for Bid. r• Fall, cut and remove from site all trees, limbs, stumps, "large" roots and fill with disturbed material that is adjacent to the stump removal area and leave area rough graded to approximate pre-tree removal condition. CONSTRUCTION AGREEMENT PAGE 9 OF 11 ~~ ABATEMENT AND DEMOLITION SCHEDULE • C , •:~ vs ~ a L:. ~ ti: 1 ~~;,. :~ ~ ~ y Jt :: i. STS O 't ~,~, ~iS~ ~~ a f• ";y. ~ ~ y 'f~ f: m ~ O ,~ ~~ l,f '~ ~ ~ `~ ~ti w ~ ~ c rn ~ n ~ 't~3:, ~~ m W m ~ O ~ ~ ~ ~ xc . ~ Z t- ::~ R .w ° ~ < r:c w z ~ ~ > ~ " } ~e :tii rv7• d 0 p ( ~ ~ ~t3 L O ~ ~ t"3 ^ ~~ HN ~ ~ in a a ~ ¢ ~ o ~ ° ~ ; O T T T T T ?~ A ~ ?. S. T T A T v v v 11100! .-tea v R v i~6 ti~ a v ~i v ~ ~0 O O Ih p ac+'JJ tq ~" Iq . {~ •y Uf O C7 ~' P+ O O r' 61 tO ~ d U o ~ ~ v ott ~ ~ O ~ ~ Y ae ~ m ~ ~ N w +n a H rn C ~ w G cn C °.-' W C ~ b .~ '~ ~ ~ 't7 N 7 ~ -~ 7 v G U p t~ m ~° ~ 0° ~ m . ~ v ~ ~, m Z m d ~ m . o . m a`i o O W d ~ ~ c ~ m ~ . Q ~ C ~ Z ~° ~ ~ N , ~ chi ~ m° E ~ : cs ai U nQ ° ~ a a c ~ F~ ¢ OD U :o ~ ' , ~L O S eo ~o ~ N ggo~ryry gg~~ ~~77 g~F7 d r N t~1 <I' In tU h O 6f O ~-• r r rte- r ~ f0 1L ~ SMOKESTACK SCAFFOLD SKETCH ~; ~~ ~-- Y' - rt-- ~x \~ ~. • // ~~ SMbKC ST~~ ~R~ - i~' o~~ro~~T~, ~` , ~p t'~, ~ E'T to 4L1~~'"a ~, 3' 6a6t fi 1 3' -.~Ff,~-~.- ~' ~----.~.,- ,--.~f k V ~,.5 f LRNIC. 6E"U'c~4~ !r".~Cue^ '. ~'t~.ss.~ ~i~i. ~ ~3~t9d '~ f'~%F%~MUJ+1 p.LtowJal; ~t~~,~' ~ ~ gqR (::~4'( ' ~ ~ ~~ 3rt~ py _ z }~ b:~` ~ `~ ~~ ~.4'~M~ ~ `'~a`~'T6rt 18 LEV8t5 ~ /D~ /3Ry • b z~~ A~~ «w ~~ r .~~ ~ . S~ 3' S r DE y31~P(`C~' ~'F' SITE SPECIFIC WORK PLAN FOR DEMOLITION _. ~ • Site Specific Work Plan Demolition Meridian Creamery 27 E Broadway Ave. Meridian, ID 83642 ~r . 'L 10-19-06 PREPARED BY David Aparicio Ideal Demolition Services 2299 Mill Road Emnnett, ID 83617 (` ~ ~ TABLE OF CONTENTS DEMOLITION Meridian Creamery 27 E Broadway Ave. Meridian, ID 83642 DESCRIPTION OF STRUCTURE 2. SCOPE OF WORK ~ 3. SAFETY 4. DEMOLITION METHODS AND PROCEDURES 10-19-06 Ideal Demolition Services 2299 Mill Road Emmett, ID 83617 1.0 DECRIPTION OF STRUCTURES Site consists of five structures Main creamery, Boiler house, Warehouse, Smoke Stack and pump building. All structures are constructed of concrete, brick and wood. 2.0 SCOPE OF WORK Demolish Stack and all other structures completely including foundations, walls and footings below grade. Removal of trees and brush, line of trees on south side to remain. Back fill with existing soil and rough grade entire site. Salvage for owner door and frame from smoke stack; brick from east side of creamery building, and all of the brick from warehouse building. All the barrel trusses and 2x purlins over the barrel trusses and beams per specifications. Smoke Stack IDS will erect a 4' wide by 180' tall scaffold with stair case. Tower will be contained using 12 mill poly using a shrink wrap method. Using this method IDS ~~~ employees will be able to remove the asbestos material and demolish stack from top down using "Rivet Busters" at bottom of stack will have a 12'wide 30'long 9' tall containment for dumpster to be stage. Main Creamery Once an opening large enough for our excavator to pass through is created the soft demo components of building will be wrecked & sized up at this time the debris are loaded off site the remaining perimeter brick walls will be laid down and remove from site for separation. Once this is complete IDS will start removing foundations identified for removal, debris to remove from site. All concrete trash debris will be delivered to approve land fills all metal will be sent to Pacific recycling in Boise. Warehouse Barrel trusses, 2x purlins and beams will be salvage by hand wrecking using Man Lift and forklifts. Once ail lumber is removed brick will be safely be removed using an excavator and transported to a designated site. Boiler House and Pump Building Structures will be demolish using excavators debris will be size and transported to approved land fill and metal will sent to Pacific recycling. ~ 1 ~. 3.0 PROJECT SAFETY Tony Parra has been designated as the responsible safety officer for this project. Ideal Demolition Services will provide a safe environment for our employees, and the general public. Ideal Demolition Services will follow all OSHA Construction Safety Orders. Project will be performed following S. IDS Approved Injury /Illness Prevention Program and Code of Safe Practices. Workers will be trained in general construction safety regulations. Weekly "Tool Box Safety" meetings will be held to discuss specific job site safety hazards. Workers will use the required head, foot, eye, face, and hand protection. Flagmen will be provided with approved vests and flags for traffic control. 4.0 DEMOLITION METHODS AND PROCEDURES ~~ Buildings will be wrecked using a combination of hand wrecking and machinery wrecking. No debris will be dumped on the exterior of the building from a height greater than 25 feet unless pazking lot fences aze locked to act as a barrier to foot traffic. Work will start on the East side of site. Hand wrecking will consist of worker working from outside of building using man lifts, or from roof with men harnessed off properly. An excavator will help pull this material to the ground to be separated and sized for recycling. Buildings exterior finishes & concrete architectural features will be wrecked with a combination of an excavator with a hydraulic breaker. Below grade footings will be demolished using excavators both with & without hydraulic breakers, concrete walls, slabs and footings. Excavation will be filled with on site materials and left in a safe condition. Resulting trash and metal debris will be loaded into semi-end dump trucks to be transported to approved landfill /recycle site. Project work hours will be from 8:00 AM - 6:00 PM Monday through Friday. ~_. s ~ - Manpower utilization on this project will consist of ~J 1 -Superintendent 5 -Labor for dust control, traffic control & cleanup and salvage operations. 2 -Operator for excavator Workers assigned to this project are experienced in demolition work Project Superintendent has 10 years experience in demolition of buildings and Asbestos Abatement. 10-19-06 Ideal Demolition Services 2299 Mill Rd Emmett, ID 83617 • ASBESTOS ABATEMENT STANDARDS AND PROCEDURES Ideal Demolition Services LLC ,_.,' Asbestos Abatement Standards & Procedures Meridian Creamery 27 E Broadway Ave. Meridian, ID 83642 Asbestos Abatement Standards & Procedures Page 1 10-19-06 r`I U Ideal Demolition Services LLC Polic Statement (~ It shall be the policy of Ideal Demolition Services to exceed the requirements set forth in federal, state and local statutes and regulations, where it is both practicable and desirable to do so, as a means of reducing exposure to airbome asbestos fibers. It shall be the policy of Ideal Demolition Services to minimize exposure to airbome asbestos primarily by applying engineering controls (such as wet methods, continuous bagging, local exhaust, ventilation and isolation/containment) to each asbestos abatement procedure. Personal protective equipment shall be issued only as an additional safeguard, providing protection above and beyond what can be achieved through engineering controls, and never in lieu of such controls. It shall be the policy of Ideal Demolition Services to continually develop and refine the knowledge and skills of its personnel beyond the requirements of the Environmental Protection Agency Model Accreditation Plan through a program of regular safety meetings, project manager lecturelseminars, on-site program review and supervision. It shall be the policy of Ideal Demolition Services to consistently contribute to the development of innovative approaches to asbestos abatement and to the refinement of asbestos abatement techniques. Furthermore, it shall be the policy of Ideal Demolition Services to work with clients, consultants, project managers, abatement supervisors, and workers to design and fashion new equipment, and to customize an abatement program to fit the specific conditions that prevail in a given work area. All Ideal Demolition Services workers shall comply at all times with the company's directives as / promulgated in this document and in the work specifications of the particular abatement project. l., Workers knowingly in noncompliance with these directives shall be disciplined and/or terminated. All Ideal Demolition Services workers shall comply at all times with all federal, state and local regulations pertaining to asbestos handling. Workers knowingly in noncompliance with these regulations shall be disciplined and/or terminated. Set-Up and Isolation Controls blaming signs shall be placed at each entrance to the work area. Reusable metal signs or disposable cardboard signs can be used. Signs shall inform the reader that breathing asbestos dust may cause serious bodily harm. Any heating, ventilating and air conditioning system (HVAC) shall be shut down and isolated to prevent movement of asbestos dust throughout the building orthe surrounding environment. To avoid inadvertent activation of the HVAC system while removal operations are in progress, the control panel shall be tagged (advising personnel not to activate) and locked whenever possible. It may be necessary to disconnect power to systems (if switching is not available) or put sheet metal caps on ducts that are connected to a larger system which cannot be shut down for more than a brief period. All vents and air ducts inside the work area shall be covered and sealed with two layers of 6 mil polyethylene and polyvinyl tape. Also, an above-ceiling space may often serve as retum air plenum to other parts of the building or other floors; hence, these return systems may also need to be isolated. Asbestos Abatement Standards & Procedures Page 2 10-19-06 • Clean Room: Ideal Demolition Services LLC No asbestos-contaminated items shall enter this room. Workers shall use this area to suit-up, store street clothes, and don respiratory protection on theirway to the work area, and to dress in clean clothes after showering. Construction of Eauipment and Waste Load-Out Unit A separate decontamination unit shall be built to transfer equipment and waste from the work area. The construction of the equipment and waste load-out unit shall follow the same or similar procedures as the entrance/exit decontamination unit. Entry/exit for equipment and exit for waste shall follow all decontamination procedures. Activation of Neaative Air Pressur® Systems High efficiency particulate air (HEPA) filtration systems (negative air pressure equipment) shall be equipped with filtration equipment. No air movement system or air filtering equipment shall discharge unfiltered air outside the work area. All exhausted air shall be filtered and discharged whenever feasible outside the building away from any air intake devices. An obvious negative pressure shall be visible. Negative air-pressure systems shall set-up in a manner to maintain a constant negative pressure and provide the required 4 air changes within the enclosure. In the event of a "system" failure, all removal operations shall cease, and procedures necessary to re-start the "down" system shall be taken immediately. Back up air filtration systems shall be made available. Negative air-pressure system vents or ducts leading to the outside shall be sealed airtight. Once activated, negative air-pressure shall be maintained until the work area receives final decontamination clearance. Protective Clothing Protective clothing is put on in the clean room of the decontamination unit before entering the work area. Ideal Demolition Services personnel shall adhere to the following sequence: - All street clothes, including undergarments, are removed and stored in clean, convenient bins or lockers in the clean room. The disposable coveralls are put on. The nylon swim suit can be put on underneath the coveralls. Ankles are taped to take up slack in the suits and reduce the chance of tripping. (Tape pants over foot coverings, if separate.) ( - The respiratory equipment is inspected, put on, and fit checked. The hood or head covering is put on over the respirator head straps. Asbestos Abatement Standards & Procedures Page 5 10-19-06 • C1 Ideal Demolition Services LLC - Workers then pass through air locks and enter the equipment room. Deck shoes are put if on (or safety shoes/boots, as required). Other protective equipment such as hard hats, ' gloves and safety glasses (if a half-face respirator is used) are also put on. Once inside the work area, workers, or others shall not be permitted to leave without going through the decontamination sequence unless it is an extreme emergency. Employees "stepping out" for a break or supervisors "stepping in" the work area to deliver a message or piece of equipment are not permitted without going through the proper decontamination sequence. Taking Protective Clothing Off Whenever Ideal Demolition Services personnel leave a work area for any reason, they must go through the decontamination sequence. This sequence should include the following steps: All protective garments and equipment (except respirators) shall be removed in an area immediately outside the shower on the contaminated side. The area should be designed for this purpose and kept as free as practicable ofasbestos-contaminated material. All disposable clothing should be placed in plastic bags and labeled asasbestos-containing waste. The worker should then clean reusable protective equipment such as boots/shoes, safety glasses, hard hats, etc. The worker proceeds to the shower, still wearing the respirator. While showering, the person should try to keep the respirator cartridges dry. Wipe clean the cartridges with towel wipes after showering. The cartridges can be reused. The worker can then proceed to the clean room, dry off, dress in street clothes, disinfect, clean and inspect the respirator. Entry and Exit Procedures All Ideal Demolition Services workers must enter and exit the work area through the decontamination chambers. In the outer area, the changing room, workers will remove their street clothing and store it safely. The worker's respirator shall always be put on first and taken off last. Full-body disposable coveralls, hoods, gloves and boots can only be put on after the respirator has been properly strapped on and quickly self-fit tested by the worker. Access to the work site is through the shower room and equipment room. Boots, gloves, and other contaminated equipment are stored and put on in the equipment room. The equipment room must be considered contaminated although it should be maintained as clean as possible. Before leaving the work area, all personnel shall remove visible asbestos-containing material from their suits and respirators bywet-wiping and/or with HEPA vacuum cleaners. This is best done in pairs. Special attention shall be paid to decontamination of boots and disposable foot coverings. Personnel then proceed to the equipment room where they remove all of their disposable clothing, but not their respirators. Clothing is sealed in appropriately labeled waste bags. ` Personnel should then enter the shower room where they thoroughly wet clean their body, hair, `~- and fingernails as well as the outside of their respirators. Paper towels are used to dry off with, Asbestos Abatement Standards & Procedures Page 6 10-19-06 Ideal Demolition Services LLC but should be disposed of in a plastic bag. The respirator can betaken off once inside the clean area and the air lock between the clean area and the shower room has been resealed. Inside t the clean area, the respirator is placed in a sealed, disposable bag for subsequent decontamination, and street clothes can be worn. . Under no circumstance shall any worker eat, drink, smoke or use chewing gum or tobacco in the work area. All eating and drinking shall be restricted to a clean location visited only after established decontamination procedures have been followed. Glove bast Removal Techniaues for Friable Asbestos Materials Maintenance Activities Other Than Small Scale/Short Duration: When more than one glove bag is used to perform as asbestos removal operation secondary containment shall be established. A critical barrier shall be erected; all penetration points shall be sealed with vinyl tape, foam or other sealing materials. Polyethylene sheeting shall be laid on the floor directly underneath the removal area. Air filtration devices (AFD's) sufficient to create a negative pressure differential between the work area and the rest of the building shall be installed and operated for the duration of the abatement procedure. The glove bag shall be mounted around the pipe and, after placing the required tools inside the interior pouch, shall be sealed airtight with staples and 2" duct or polyvinyl tape. Ensure the adequacy of the glove bag seal by using the smoke tube method. A spray wand inserted into the glove bag shall be used to saturate the glove bag environment and the asbestos-containing material insulation using amended water. For fitting removal, several applications of amended water may be required to thoroughly saturate the material. Use aflex-saw, razor, axle knife or equivalent to cut the insulation attached to the pipe surface. During this process, a second person maybe required to keep areas being cut thoroughly saturated with amended water spray. Where possible, locate a seam in the material or gauze wrapping. Some material may be removed without performing further cutting if insulation was installed in sections. This is preferred and the material can be "rolled" off the pipe or hand picked from the fitting. Asbestos should be removed in pieces as large as possible. For detailing and decontaminating, "stripped" surfaces shall be saturated and then nylon brushes or rags shall be used to clean the piping. Close cleaning attention must be made for the pipe fitting and threads. The glove bag interior should then be washed down. All tools shall be thoroughly washed and place into one cleaned gloved hand. The gloved hand with the tools shall be pulled out and tied off with a firm twist and then taped. The glove bag should again be washed down; assuring all debris is in the bottom of the bag. Squeeze and twist off the bag to form a contaminant isolation area at the bottom. Firmly seal the separation with poly tape. The top portion of the bag shall be collapsed with an inserted HEPA vacuum. Tools shall be cut at the taped section from the gloved arm and placed into a bucket of water Asbestos Abatement Standards & Procedures Page 7 10-19-06 Ideal Demolition Services LLC for final cleaning. A disposal bag shall be slipped over the glove bag still mounted on the pipe. Re-evacuate and leave the vacuum running while removing the bag from the piping. Remove the vacuum hose and seal the bag into the disposable bag. - An approved encapsulant shall be applied with sponges or sprayer to the exposed surFaces. Use a wet cloth or an approved equivalent, covered with heavy mastic or bridging encapsulant to seal the ends. Removal Techniques for Insulation for Boilers and Tanks There is a wide variation in the types of asbestos-containing insulation used on boiler and tanks. Boilers and tanks may be insulated with asbestos "blankets" on wire lath, preformed block, or the chalky magnesia mixture which is typically covered with a finishing cement. Different approaches are required for removing these asbestos-containing materials than sprayed on or troweled-on ceiling insulation, butthe same protective measures are used. Careful handling and packaging are required in many cases because of the metal jackets, bands, or wire associated with the insulation materials. Because insulation on boilers and tanks often contains 70% asbestos and areas where these materials are being removed are often confined, high airborne fiber concentrations may occur. Also, these materials are more difficult to saturate with water and they often contain amosite, which is not controlled as well with water as other types of asbestos. For these reasons, Ideal Demolition Services shall use Type C airline respirators or powered air purifying respirators (PAPR) whenever feasible for this type of work. Removal of insulation from tariks or boilers shall be accomplished by two-person teams. The material is misted and cuts or slits are made in the insulation material. Then a spray nozzle is ~~~ inserted and the material is wetted to the extent feasible under low pressure. One man cuts away the insulation and bags it while the other continuously sprays the material with amended water. Any metal band or wire that is removed should be' folded or rolled and placed in polyethylene to avoid lacerating personnel. Metal should be placed in a separate container so as not break through sealed double-bags during disposal. After the gross material is removed, nylon brushes shall be used to thoroughly clean tanks or boilers. Particular care must be taken to clean the fittings, joints and valves where acement- plastertype material has been removed. After brushing, the surfaces shall be wet-wiped and the final cleanup phase shall commence. Steam or hot water distribution networks should be shut down, if at all possible, when insulation is being removed. If these systems must stay on line, special consideration must be given to heat stress by workers and measures to avoid skin burns. Steam can also cause fibers to become airborne. Special permission from the NESHAPS coordinator to work dry on hot lines may be required. The use of water or solutions may shatter the pipes and injure workers. When airline respirators are being used by workers, care must be taken not to let the airlines come into contact with hot pipes which might burn a hole in the rubber line. When airlines are worn by persons working from scaffolds, care must be taken not to wrap the airlines around objects on the ground or the scaffold. See section on type C respirators (in Respiratory Protection section) which addresses safety considerations. Removal Techniques for Non-Friable Asbestos Materials Asbestos Abatement Standards & Procedures Page 8 10-19-06 r~ U Ideal Demolition Services LLC Prior to removal and as required, the asbestos shall be sprayed with an encapsulant to prevent any emission of airborne fibers caused by the removal process. ~` All removal shall be performed wet. Amended water or equivalent shall be used to saturate the surtaces of the non-friable material. Removal methods that will not make the asbestos material friable shall be employed whenever possible. Drilling, sawing and ripping of non-friable materials shall not be permitted unless special wetting equipment is used. Materials shall be removed in intact sections or components whenever possible and carefully lowered to the floor. Encapsulation Encapsulation is considered a temporary solution for asbestos abatement. Ideal Demolition Services shall only perform encapsulation when 1) ACM is inaccessible or impractical to remove, 2) ACM thickness is one inch or less, and 3) where the ACM has enough integral strength or integrity not to be knocked loose by spraying or fall out as a result of the added weight of the encapsulant. Ideal Demolition Services shall, however, use encapsulation as a follow-up after asbestos has been removed from pipes or ceiling surtaces. This is called "lock-down" and is done to seal in any invisible surface fibers which may remain after the removal. - The improper selection of an encapsulant may cause the ACM to be knocked loose by its application, to crumble orto deteriorate later. Ideal Demolition Services shall testthe material compatibility with the encapsulant by reading manufacturer's spec cations and spraying a small (4'x4') area. Compatibility is determined by visual inspection, care sampling, and abrasion -impact testing. - Whenever feasible, Ideal Demolition Services shall use dyes or pigments to indicate application completeness and amount. However, it is important to note that dyes often do not penetrate as well as encapsulant and are often not accurate measures of depth of penetration. - The work area set-up shall be the same as for gross removal, including setting up isolation, decontamination unit, and in many cases, negative pressure. - Special attention to floor covering is required because of the potential for floor damage by the liquid encapsulant. - Ideal Demolition Services workers shall protect themselves from the irritating ingredients of the encapsulant. Some encapsulants contain solvents, which may cause skin or eye irritation or inhalation hazard. Workers should wear rubber gloves and eye protection during spraying. Vaseline or other lubricants can be applied to the face to allow for easier removal of encapsulant should it get on the face. Air purifying respirators should be equipped with combination HEPA/Organic vapor cartridges for encapsulants which contain solvents or other respiratory hazards. Prior to applying the encapsulant, loose or hanging ACM shall be removed by standard wet removal (apply water only to ACM to be removed.) If the material to be encapsulated is very friable, a light mist of encapsulant should be applied with a spray wand from a low pressure sprayer to settle the surface fibers just before the main application. Make a second, heavier pass with the spray wand at right angles to the first. Wait approximately 30 minutes, then check for penetration by taking a core sample. Asbestos Abatement Standards & Procedures Page 9 10.19-06 • Ideal Demolition Services LLC The encapsulation is done when penetration to the substrate is complete and when the material reaches saturation point (droplets start to form on the final coat). If penetration is not complete, apply additional coats. These coats should be added before the prior application has "setup"and dried. - The number of passes will depend on the type of material and its thickness. The rate of absorbency is highest during the first coat. Making passes at 90 degrees to each other will maximize the application thoroughness. Generally, low application pressure is advisable to avoid disturbing the surface of ACM and to get good coverage and/or penetration. - Bridging the agents and sealers shall be applied to the specified mil thickness required (refer to manufacturer's specifications). - When applying encapsulant after a removal has taken place, a light coat shall be sprayed where ACM was removed and on surrounding surfaces. In the case of pipes, the encapsulant can be hand wiped with a rag on areas where ACM was removed. - All equipment shall be immediately flushed out after the application. Wands and tips of sprayers must be thoroughly cleaned to prevent future clogging. All excess encapsulant must be immediately cleaned off of floor surface. Cleaning following spraying in each work area will be easier than cleanup with the encapsulant dried on the equipment, floor, etc. Preparation of Asbestos-Containina Waste All asbestos-containing waste shall be wetted prior to placement into disposal bags. This may be accomplished by having a water supply available in any area in which abatement work is taking place (i.e., a hose}. As the asbestos-containing material is being removed, the material should be kept as damp as possible via a low pressure water stream (mist). By ensuring this, the chances of airbome asbestos fiber generation are significantly reduced. Ideal Demolition Services shall always use 6 mil polyethylene disposal bags. The bags should be air-tight and puncture resistant. Also, these bags should be labeled. Bagging the waste should be done as the removal progresses, as covered in "Removal Techniques for Friable Asbestos" section. Ideal Demolition workers bagging waste shall adhere to the following guidelines: - Asbestos-containing waste must be handled in a careful manner to keep airbome fiber generation minimal. Some materials should not be included in the bags (i.e., metal, sharp objects). In order to avoid bag overloading and possible bursting, each bag should be considered "full when it is half filled, (since material saturated with water will be much heavier). Waste-containing bags should be sealed with duct tape. All excess air is squeezed out of bags before they are sealed (to conserve space). 'Do not squeeze bags when there are visible loose fibers present; mist first. Use the HEPA vacuum system to collapse bags. Make sure that the asbestos warning label on each bag is legible, so that no bags will be disposed of mistakenly. Asbestos Abatement Standards & Procedures Page 10 10-19-06 f • Ideal Demolition Services LLC Once the asbestos-containing waste is securely enclosed inside the bag, the waste is t, transported to the waste load-out area for decontamination. The waste bags shall be hosed down, wet wiped, and/or HEPA vacuumed clean, The bags should then be placed in second clean disposal bags. Ideal Demolition waste hauling vehicles shall be lined with 6 mil plastic. In order to contain any leakage which might occur during transport, the lining should cover both the walls and the floor with all seams lapped and sealed. Decontamination of Work Area During gross removal, Ideal Demolition Services workers shall bag material soon after it is removed, while the asbestos is still damp. Materials shall be collected from the floor with shovels, squeegees, plastic dust pans, or other appropriate tools and placed in 6 mil labeled bags for disposal. Final decontamination shall commence after all visible asbestos-containing material has been removed from the substrate and the substrate has been brushed and wet wiped. First phase cleanup shall be the removal of gross contamination which may have splattered or collected on the polyethylene wall coverings. The plastic sheeting shall be lightly misted to minimize the release of airborne fibers. The sheeting shall be gently detached and folded inward to form a compact bundle which can be packaged in a 6 mil bag for disposal. Any visible debris which may have leaked to the second layer of sheeting shall be removed with a HEPA vacuum and/or wet wiped. Second phase cleanup shall be the removal of gross contamination from equipment in the work area. Cleaning of the exterior surfaces of negative air filtration units, scaffolding, ladders, extension cords, hoses and other equipment shall be accomplished using a combination of scraping, brushing, HEPA vacuuming and/or wet wiping. At this time, change-out filters that need replacement on vacuums and negative air filtration units shall occur. Third phase cleanup shall be the removal of the top layer sheeting covering the floor. The sheeting shall be gently detached and folded inward to form a compact bundle which can be packaged in a 6 mil bag for disposal. Any visible debris which may have leaked to the second layer of sheeting shall be removed with a HEPA vacuum and/or wet wiped. Next, the walls are wet wiped and the floors are mopped. Ideal Demolition Services workers shall begin in the areas farthest away from the negative air filtration units and use amended water to wet wipe all exposed surfaces (excluding the substrate from which the asbestos material was removed). For best results, workers should use cotton rags, lint-free paper towels or sponges, which are disposed of after one use. Rinsing and reuse of towels or sponges may result in smearing asbestos fibers on the surfaces. Also, to avoid smearing of residual fibers, workers should wipe in one direction only. Paper towels should not be used to wipe down rough surfaces and should be discarded before they begin to deteriorate when used on smooth surfaces. Small "fibrous looking" residue which may be deposited on surfaces as a result of using deteriorated paper towels could cause a problem during the final visual inspection. Wiping shall be repeated three times in order to assure a clean surface. After the walls are wet wiped, the floor is mopped with a clean mop head wetted with amended water or wiped with clean sponges. The water shoo{d be changed frequently. Waste water from the wet wiping and Asbestos Abatement Standards & Procedures Page 11 10-19-08 Ideal Demolition Services LLC mopping operations is treated as asbestos-containing water and must be filtered prior to disposal through the drain system. Equipment and tools shall now receive final decontamination and removal from the work site. Equipment shall be wet wiped, washed off in the shower at the waste load-out area, wrapped in polyethylene, or placed in plastic bags. Tools such as scrapers, utility knives and brushes shall be placed in buckets or pans of water. Negative air filtration units shall be wiped down but remain in place and operating until clearance is given. Sealant or encapsulate shall be sprayed onto the substrate and the remaining plastic to "lock down" any tiny invisible residual fibers. After a specified waiting period to allow airborne materials to settle, the polyethylene draped over fixtures and covering the interior walls of the work area shall be misted and carefully taken down, folded inward to form a bundle, and packaged for disposal. Walls and fixtures shall be HEPA vacuumed and/or wet wiped. Coverings on doors, windows and vents shall remain in place. The polyethylene floor covering shall now be misted, detached, and folded inward to form a compact bundle for bagging and removal. The uncovered floor shall be HEPA vacuumed and/or wet wiped. Work Site Clearance A final walk-through by the Ideal Demolition Services project manager or foreman and the building owner's representative shall be pertormed in the decontaminated work area. A clearance air monitoring shall be taken by an owner's representative. If the air sample results indicate that the airborne fiber concentration meets the criteria for clearance, the remaining polyethylene shall be removed from vents, fixtures, outlets, and windows. After final clearance, the decontamination unit shall be cleaned and dismantled. The top layer of floor and wall polyethylene in the equipment room shall have been removed at the same time as the top layer of floor poly in the work area. The remaining polyethylene on the walls shall be wet wiped and/or HEPA vacuumed, and then misted, detached and folded inward. Next the remaining layers on the floor shall be removed in the same manner and packaged with the other poly for disposal. The walls shall be visually checked for contamination and wet wiped as necessary. The decontamination unit shall then be disassembled for transport. Project Controls In conjunction with the coordinating efforts of the Health and Safety Inspectors and Field Superintendent, the Project Manager shall ensure conformity to Ideal Demolition Services standards and procedures. - The Project Manager shall advise the Foreman of potential pitfalls and specification interpretations. The Project Manager should have relevant plans, specifications and work scope descriptions on the job site for the Foreman's reference. Asbestos Abatement Standards ~ Procedures Page 12 10-19-06 Ideal Demolition Services LLC - The Foreman shall report all changes in on-site conditions, work scope and building operating procedures to the Project Manager and await the appropriate authorization to ~, proceed. Additionally the Project Manager shall keep abreast of the work progress to identify such contract deviations. The Project Manager shall facilitate the appropriate solution, response and authorization prior to proceeding with such extra work. - The Project Manager shall resolve with appropriate client's representative conflicts in interpretation of job specifications or requirements. These discussions and/ordecisions shall be documented in writing and signed by the client's representative. - The Project Manager shall coordinate internal health and safety inspections. - The Project Manager shall schedule Health and Safety to conduct apre-start safety meeting and job site review. The Project Manager shall provide sufficient advance warning to allow Health and Safety appropriate time to schedule meeting and inspections. - The Project Manager shall be responsible for maintaining appropriate job site records and its final distribution. - The Project Manager shall follow-up and correct all deficiencies indicated on the Health and Safety inspection reports. Chronic safety problems exhibited by work crews shall be reported to the Labor Superintendent for corrective actions. Project Close-Out As part of the final containment tear down and clean up procedures, the Project Manager and ~~ Foreman shall walk through the job site and identify all material and equipment to be decontaminated and otherwise prepared for pick-up by Ideal Demolition Services warehousemen. The Project Manager shall arrange and conduct a preliminary job site walk-through with the client's representative to identify work deficiencies and damages. The Project Manager shall record these items and prepare a punch list. This punch list shall be distributed to the Foreman for implementation. Upon completion of the punch list, a final job site walk through shall be conducted to review specific punch list items. It should be agreed upon by the client's representative that the job is complete. The Project Manager shall be responsible for determining that all pertinent job documents are distributed and filed as legal records. The Project Manager shall review and evaluate the Foreman's performance after each project. This report shall be submitted to the Labor Superintendent for further review and action. Requirements foe Record-keeping and Documentation Ideal Demolition Services requires that the project manager maintain and/or post a variety of records and documents for the duration of the project and after the completion of the project. Most of the record-keeping involves work-site documentation of on-going abatement procedures and regulatory standards (Federal, State & Local). Most of these records will be filed and updated by the project manager in the project log book. However, there are documents that may not be included in the log book. These need to be displayed at the job site. Others should be kept in the office job files. Asbestos Abatement Standards & Procedures Page 13 10-19-06 Ideal Demolition Services LLC As a general practice, the project manager should arrange to provide every item of the pre- ~~, qualification submittal package on-site or have them readily available for inspection by regulatory inspectors or building owner representatives. At a minimum, however, the documents described in the following section should be available for inspection at every abatement site. Uniform Hazardous Waster Manifest This form is required by (EPA) and must be completed and signed by the waste generator (typically the building owner) as well as the hauler of the hazardous material prior to transporting the material on public roads. Entry and Exit Log: A record of all personnel who enter and exit the contained area. Job Inspection Report: A record of inspections for the integrity of containment, the cleanliness of work area, the effectiveness of removal work, etc. Filter Lag: A record of primary, secondary and HEPA filter changes for the negative air filtration units at the job site. Indicates the on-going condition of filtration units and the regular maintenance of clean filters. Emergency Procedures: Posted and maintained at job sites, emergency information sheets show police, fire and ambulance emergency phone numbers and basic emergency evacuation procedures. Injury & Illness Prevention Manual Maintained on job site. Material Sample Log Sheet, Laboratory Analysis Report and Material Sample List: These records provide information about location of the sample, the analysis of the asbestos content and a collective record of all material samples for the project. Air Sample Data Sheet, Laboratory Analysis Report and Air Sample List: These documents provide records of air sampling information, e.g., type of sample, location, duration of sample, volume of the sample and the results. An air sampling list is a useful summary record for a project which involves frequent sampling. Qualitative Respirator Fit Test: A record of on-going fit testing conducted at the job site. This document provides information about the frequency of fit testing during the project. Asbestos Abatement Standards 8 Procedures Page 14 10-19-06 Ideal Demolition Services LLC Training Records For All Personnel Working On the Asbestos Project: ~, - EPA regulations require that all abatement personnel receive training about the properties of asbestos; the health hazards; abatement techniques; engineering controls; respiratory protection, etc. Certificates fortraining courses, ortraining documents, which describe the topics included and dates of the training, are kept and regularly updated as per the applicable regulatory requirements. Pre-Start Safety Meeting Upon completion of this physical inspection (normally conducted during the unloading of equipment and supplies), the health and safety specialist shall assist the accredited supervisor and conduct aPre-start Safety Meeting. Representatives of the owner and the owner's agents along with testing and air monitoring technicians hired by the building owner are typically present at the meeting. In addifiion to introduction of the designated Ideal Demolition Services crew to the various building owner representatives, topics covered in the initial, or Pre-start Safety Meeting, should include: Preparation of the work area, with special reference to awkward and/or crucial penetration points, measures adopted to safeguard certain fixtures or surfaces that require protection. Personal protective equipment to be issued and employed by the Ideal Demolition Services crew, including respirators selected, protective clothing to bewom, and special equipment (such as goggles, hard-hats, knee pads, and so on) to be used in the work area. Explanation of the program of initial personal, breathing zone air monitoring program; designation of the representative individuals to be air-sampled for initial and periodic air monitoring as per 29 CFR 1926.1101; assignment of job roles (decon chamber set-up, critical barrier establishment, bagging and removal/wetting teams). - Personal decontamination procedures and measures taken to safeguard equipment inside the work area and the showers, and to facilitation of subsequent decontamination. - Abatement methods and procedures to be applied to the work area and decontamination strategy for the work area surfaces; discussion of work plan and performance schedule. - Waste-out procedure; identification of route to hazardous waste haulervehicle; isolation controls to be applied; personal protective equipment required. - Emergency procedures: especially location of emergency phone numbers, fire exits, fire extinguishers, recognizing heat stress symptoms, confined space procedures, electrical Asbestos Abatement Standards & Procedures Page 15 10-19-06 • • CONTRACTOR'S SAFETY PLAN • Ideal Demolition Services Ideal Demolition Services 2299 South Mill Road Emmett, Idaho 83817 SAFETY PROGRAM WRECKING AND DEMOLITION WORK Ideal Qemolition Safety Plan 05/05 Ideal Demolition Services ~.. PREFACE How to Use This Manual To The Employer: The purpose of this manual is to provide general guidelines for developing your own integrated safety and health management program. I# has been written to address the safety needs of your specific industry. The essential elements covered in this manual include: top management's commitment and involvement; the establishment and operations of safety committees; provisions for safety and health training; firs# aid procedures; accident investigations; record keeping of injuries; and workplace safety rules, policies, and procedures. If this manual meets the general needs of your establishment, it may be used as a basic template for developing your company's initial safety program. If you have already established a company safety program and are currently maintaining it, you may use this manual to add or modify those areas of your current program that you do not feel are adequate. Either way, this manual should not be considered as the single source for meeting your. safety needs. It will have to be imod~ed and continuously improved upon by you to adequately reflect your on-going business environment. For example, if a safety committee meets weekly or quarterly instead of monthly, then Section II of the manual should be amended to accommodate this practice. If there is a safety rule, policy, or procedure appropriate for the work or work environment which has not been included, or if a rule included in Section VIl is inappropriately written, then a new safety rule, policy, or procedure should be added to improve the manual. Likewise, if a specific Hale in the Safety Rules, Policies, and Procedures section does not apply because the equipment or work operation described is not used, then that specific rule should be crossed out or deleted from the manual. if accidents occur, new safety rules should be developed and incorporated into Section VII of this manual to prevent their recun'ence. (dote also that due to the unique nature of each individual business and the differing requirements of various regulatory agencies, the authors of this manual cannot assume any liability for the completeness of its content. Use of ail or part of this manual does not relieve you as an employer of your responsibility to comply with applicable local, state, or federal laws. Finally, the following website www.osha.aov/oshstats/std1 html can be accessed to display a list of the most frequently cited Federal or State OSHA standards for the above listed code(s). The data shown reflects OSHA citations issued by the Federal or State OSHA during the specified Yiscal year. if you are interested in reviewing other SIC codes, an online SIC code manual is also available at this website. Ideal Demolition Safety Plan 05!05 Idea! Demolition Services TABLE OF CONTENTS r 4 l Preface Table of Contents Section i -Management Commitment and Involvement Policy Statement Section II -Safety Committee Safety Committee Organization Responsibilities Meetings Meeting Minutes Section III -Safety and Health Training Safety and Health Orientation Job-Specific Training Periodic Retraining of Employees Secfiion N -First Aid Procedures Minor First Aid Treatment Non-Emergency Medical Treatment Emergency Medical Treatment First Aid Training First Aid Instructions Section V -Accident Investigation Accident Investigation Procedures Investigation Report Form Section VI - Recordkeeping Procedures Recordkeeping Procedures Section VII -Safety Rules, Policies, and Procedures Safety Rules, Policies, and Procedures tdeat Demolition Safety Plan 05105 Ideal Demolition Services Section 1. MANAGEMENT COMMITMENT AND INVOLVEMENT POLICY STATEMENT The management of this organization is committed to providing employees with a safe and healthful workplace. It is the policy of this organization that employees report unsafe conditions and do not perform work tasks if the work is considered unsafe. Employees must report all accidents, injuries, and unsafe conditions to their supervisors. No such report will result in retaliation, penalty, or other disincentive. Employee recommendations to improve safety and health conditions will be given thorough consideration by our management team. Management will give top priority to and provide the financial resources for the correction of unsafe condfions. Similarly, management will take disciplinary action against an employee who willfully or repeatedly violates workplace safety rules. This action may include verbal or written reprimands and may ultimately result in termination of employment. The primary responsibility for the coordination, implementation, and maintenance of our workplace safety program has been assigned to: Name: David Aparicio Title: Safetv Coordinator Telephone: 208-365-1514 Senior management will be actively involved with employees in establishing and maintaining an effective safety program. Our safety program coordinator, myself, or other members of our management team will participate with you or your department's employee representative in ongoing safety and health program activities, which include: Promoting safety committee participation; Providing safety and health education and training; and Reviewing and updating workplace safety rules. This policy statement serves to express management's commitment to and involvement in providing our employees a safe and healthful workplace. This workplace safety program will be incorporated as the standard of practice for this organization. Compliance with the safety rules will be required of all employees as a condition of employment. ~_1~ _ as Signature of C /President Date Ideal Demolltlon Safety Plan 05/05 ~ ~ Ideal Demolition Services [. Section 11. SAFETY COMMITTEE Safety Committee Organization A safety committee has been established as a management tool to recommend improvements to our workplace safety program and to identify corrective measures needed to eliminate or control recognized safety and health hazards. The safety committee employer representatives will not exceed the amount of employee representatives. Responsibilities The safety committee will be responsible for assisting management in communicating procedures for evaluating the effectiveness of control measures used to protect employees from safety and health hazards in the workplace. The safety committee will be responsible far assisting management in reviewing and updating workplace safety rules based on accident investigation findings, any inspection findings, and employee reports of unsafe conditions or work practices; and accepting and addressing anonymous complaints and suggestions from employees. The safety committee will be responsible for assisting management in updating the workplace safety program by evaluating employee injury and accident records, identifying trends and patterns, and fom~ulating con'ective measures to prevent recurrence. ..... The safety committee will be responsible for assisting management in evaluating employee accident and illness prevention programs, and promoting safety and health awareness and co-worker participation through continuous improvements to the workplace safety program. Safety committee members will participate in safety training and be responsible for assisting management in monitoring workplace safety education and training to ensure that it is in place, that it is effective, and that it is documented. Management will provide written responses to safety committee written recommendations. Meettngs Safety committee meetings are held quarterly and more often if needed and each committee member will be compensated at his or her hourly wage when engaged in safety committee activities. Management will post the minutes of each meeting in a conspicuous place and the minutes wiA be available to all employees. All safety committee records will be maintained for not less than three calendar years. Ideal Demolition Safety Plan 05/05 • Ideal Demolition Services SAFETY COMMITTEE MINUTES Date of Committee Meeting: Time: Minutes Prepared By: Location: Members in Attendance Name Name Name Previous Action items: Review of Accidents Since Previous Meeting: Recommendations for Prevention: ~ ~ f Recommendations from Anon ymous Employees: Suggestions from Employees: Recommended Updates to Sa#ety Program: Recommendations from Accident investigation Reports: Safety Training Recommendations: Comments: Ideal Demolition Safety Plan 05/05 Ideal Demolition Services Section III. SAFETY AND HEALTH TRAINING Safety and Health Orientation Workplace safety and health orientation begins on the first day of initial employment or job transfer. Each employee has access to a copy of this safety manual, through his or her supervisor, for review and future reference, and will be given a personal copy of the safety rules, policies, and procedures pertaining to his or her job. Supervisors will ask questions of employees and answer employees' questions to ensure knowledge and understanding of safety rules, policies, and job-specific procedures described in our workplace safety program manual. All employees will be instructed by their supervisors that compliance with the safety rules described in the workplace safety manual is required. Job-Specific Training • Supervisors will initially train employees on how to perform assigned job tasks safely. • Supervisors will carefully review with each employee the specific safety rules, policies, and procedures that are applicable and that are described in the workplace ( safety manual. ~, • Supervisors will give employees verbal instructions and specific directions on how to do the work safely. • Supervisors will observe employees performing the work. If necessary, the supervisor will provide a demonstration using safe work practices, or remedial instruction to correct training deficiencies before an employee is permitted to do the work without supervision. • All employees will receive safe operating instructions on seldom-used or new equipment before using the equipment. • Supervisors will review safe work practices with employees before permitting the performance of new, non-routine, or specialized procedures. Periodic Retraining of Employees All employees will be retrained periodicaliy on safety rules, policies and procedures, and when changes are made to the workplace safety manual. Individual employees will be retrained after the occurrence of awork-related injury caused by an unsafe act or work prac#ice, and when a supervisor observes employees displaying tt unsafe acts, practices, or behaviors. Ideal Demolition Safety Plan 05105 Idea! Demolition Services Section IV. FIRST AiD PROCEDURES EMERGENCY PHONE NUMBERS Safety Coordinator: David ADaricio Poison Control 911 First Aid: David ADaricio: 208.369.0311 Fire Department 911 Medical Clinic: Primary Health Police 911 Clinic Phone: 334-8611 Ambulance 911 Minor First Aid Treatment First aid kits are stored in the front office and in the employee lounge. If you sustain an injury or are involved in an accident requiring minor first aid treatment: • Inform your supervisor. • Administer first aid treatment to the injury or wound. • If a first aid kit is used, indicate usage on the accident investigation report. • Access to a first aid kit is not intended to be a substitute for medical attention. • Provide details for the completion of the accident investigation report. Non-Emergency Medical Treatrnent For non-emergency work-related injuries requiring professional medical assistance, management must first authorize treatment. If you sustain an injury requiring treatment other than first aid: Inform your supervisor. Proceed to the posted medical facility. Your supervisor will assist with transportation, if necessary. Provide details for the completion of the accident investigation report. Emergency Medical Treatment If you sustain a severe injury requiring emergency treatment: Call for help and seek assistance from a co-worker. Use the emergency telephone numbers and instructions posted next to the telephone in your work area to request assistance and transportation to the local hospital emergency room. Provide details for the completion of the accident investigation report. First Aid Training Each employee will receive training and instructions from his or her supervisor on our first aid procedures. Ideal Demolition Safety Ptan OS/OS L~ Ideal Demolition Services FIRST AID INSTRUCTIONS ~~ In all cases requiring emergency medical treatment, immediately call, or have a co- worker calf, to request emergency medical assistance. WOUNDS: Minor: Guts, lacerations, abrasions, or punctures • Wash the wound using soap and water, rinse it well. • Cover the wound using clean dressing. Major: Large, deep, and bleeding • Stop the bleeding by pressing directly on the wound, using a bandage or cloth. • Keep pressure on the wound until medical help arrives. BROKEN BONES: • Do not move the victim unless it is absolutely necessary. • If the victim must be moved, "splint" the injured area. Use a board, 4- cardboard, or rolled newspaper as a splint. BURNS: Thermal (Heat) • Rinse the burned area, without scrubbing it, and immerse it in void water; do not use ice water. • Blot dry the area and cover it using sterile gauze or a clean cloth. Chemical Flush the exposed area with cool water immediately for 15 to 20 minutes. EYE INJURY: Small particles • Do not rub your eyes. • Use the corner ofi a soft clean cloth to draw particles out, or hold the eyelids open and flush the eyes continuously with water. Large or stuck particles • If a particle is stuck in the eye, do not attempt to remove it. • Cover both eyes with bandage. Chemical • Immediately irrigate the eyes and under the eyelids, with water, for 30 {.. minutes. !deal Qemolltion Safety Plan 05105 C] Ideal Demolition Services NECK AND SPINE INJURY: FIRST AID INSTRUCTIONS C~ If the victim appears to have injured his or her neck or spine, or is unable to move his or her arm or leg, do not attempt to move the victim unless it is absolutely necessary. HEAT EXHAUSTION: Loosen the victim's tight clothing. Give the victim "sips" of cool water. Make the victim lie down in a cooler place wi#h the feet raised. Ideal Demolition Saf®ty Plan 05105 Ideal Demolition Services Section V. ACCIDENT INVESTIGATION Accident Investigation Procedures An accident investigation will be performed by the supervisor at the location where the accident occurred. The safety coordinator is responsible for seeing that the accident investigation reports are being filled out completely, and that the recommendations are being addressed. Supervisors will investigate all accidents, injuries, and occupational diseases using the following investigation procedures: • Implement temporary control measures to prevent any further injuries to employees. • Review the equipment, operations, and processes to gain an understanding of the accident situation. • identify and interview each witness and any other person who might provide clues to the accident's causes. • Investigate causal conditions and unsafe acts; make conclusions based on existing facts. • Complete the accident investigation report. • Provide recommendations for corrective actions. • Indicate the need for additional or remedial safety training. Accident investigation reports must be submitted to the safety coordinator within 24 hours of the accident. ~. Ideal Demolition Safety Plan 05/05 Ideal Demolition Services ;; ACCIDENT INVESTIGATION REPORT REPORT # COMPANY: Ideal Demolition Services ADDRESS: 2298 South Mill Road Emmett 1. Name of injured: S.S. #: 2. Sex: [ ] M [ ] F Age: Date of accident: 3. Time of accident: a.m. p.m. Day of accident: 4. Employee's job title: 5. Length of experience on job: (years) (months) 6. Address of location where the accident occurred: 7. Nature of injury, Injury type, and Part of the body affected: 8. Describe the accident and haw it occurred: 9. Cause of the accident: 10. Was personal protective equipment required? [ ]yes [ ] no Was it provided? [ ]yes [ ] no Was it being used? [ ] yes j ] no If "no", explain. Was it being used as trained by supervisor or designated trainer? [ ]yes [ ] no If "no", explain. 11. Witness(es): 12. Safety training provided to the injured? j ]yes [ ] no If "no", explain. 13. Interim corrective actions taken to prevent recurrence: ~~.,. Ideal Demolition Safety Rlan 05105 • Ideai Demolition Services ACCIDENT INVESTIGATION REPORT (Continued) 14. Permanent corrective action recommended to prevent recurrence: 15. Date of report Prepared by: Supervisor (Signature) Date: 16. Status and follow-up action taken by safety coordinator: Safety Coordinator (Signature) Date: Ideal Demolition Safety Plan 05105 ! • Ideal Demolition Services ~, INSTRUCTIONS FOR COMPLETING THE ACCIDENT INVESTIGATION REPORT An accident investigation is not designed to find fault or place blame but is an analysis of the accident to determine causes that can be controlled or eliminated. (Items 1-6) identification: This section is self-explanatory. (Item 7) Na~tre of Injury: Describe the injury, e.g., strains, sprain, cut, bum, fracture. Injury Type: First aid -injury resulted in minor injury/treated on premises; Medical -injury treated off premises by physician; Lost time -injured missed more than one day of work; No Injury - no injury, near-miss type of incident. Part of the Body: Part of the body directly affected, e.g., foot, arm, hand, head. (item 8) Describe the accident: Describe the accident, including exactly what happened, and where and how it happened. Describe the equipment or materials involved. (item 9) Cause of the accident: Describe all conditions or acts which contributed to the accident, i.e., a. unsafe conditions -spills, grease on the floor, poor housekeeping or other physical conditions. b. unsafe acts -unsafe work practices such as failure to wam, failure to use ( required personal protective equipment. (Item 10) Personal protective equipment: Self-explanatory (Item 11) Witness(es): List name(s), address(es), and phone number(s). (item 12) Safety training provided: Was any safety training provided to the injured related to the work activity being pertormed? (Item 13} Interim corrective action: Measures taken by supervisor to prevent recurrence of incident, i.e., barricading accident area, posting warning signs, shutting down operations. (Item 14): Self-explanatory (Item 15}: Self-explanatory (item 16} Follow-up: Once the investigation is complete, the safety coordinator shall review and fo{low-up the investigation to ensure that corrective actions recommended by the safety committee and approved by the employer are taken, and control measures have been implemented. Ideal Demolition Safety Plan OS/OS • Ideal Demolition Services Section VI. RECORDKEEPING PROCEDURES Recordkeeping Procedures The safety coordinator wilt control and maintain all employee accident and injury records. Records are maintained for a minimum of five (5) years and include: Accident Investigation Reports (see Section V for sample form). Workers' Compensation Notice of Injury Reports (ACORD form or state equivalent form). o Documentation of safety and health training for each worker. Records of hazard assessment inspections. (deal Qemotitton Safety Plan 05/05 • Ideal- Demolition Services Section VII. SAFETY RULES, POLICIES, AND PROCEDURES The safety rules contained on these pages have been prepared to protect you in you daily work. Employees are to follow these Hales, review them often and use good common sense in carrying out assigned duties. ALL PERSONNEL Housekeeping Personal Protective Equipment Lifting Procedures Job Site Electrical Powered Tools Ladder Safety Hand Tool Safety Removal of Walls and Floors Disposal Chutes Cranes and Hoists Lifting Equipment Ideal Demolition Safety Plan 05105 Ideal Demolition Services ALL PERSONNEL Housekeealna 1. Do not place material such as boxes or trash in walkways and passageways. 2. Do not block or obstruct exits or accesses to safety and emergency equipment such as fire extinguishers or fire alarms. 3. Keep walking surfaces of elevated working platforms, such as scaffolds, clear of tools and materials that are not being used. 4. Remove protruding nails or bend them down into the lumber by using a claw hammer. 5. Return tools to their storage places after using them. 6. Do not use gasoline for cleaning purposes. Personal Protective Eaui~pment 1. Do not paint or drill holes in your hard hat. 2. Do not wear hard hats that are dented or cracked. 3. Wear safety glasses, goggles or face shields in the demolition areas where "Protective Eye Wear Required" is posted. 4. Wear ear plugs or ear muffs in areas posted "Hearing Protection Required." Liftina Procedures 1. Plan the move before lifting; remove obstructions from your chosen pathway. t;' 2. Test the weight of the load before lifting by pushing the load along its resting surface. 3. If the load is too heavy or bulky, use lifting and carrying aids such as hand trucks, dollies, pallet jacks and carts, or get assistance from a co-worker. 4. If assistance is required to perform a I'Ift, coordinate and communicate your movements with those of your co-worker. 5. Posifion your feet 6 to 12 inches apart with one foot slightly in front of the other. 6. Face the load. 7. Bend at the knees, not at the back. 8. Keep your back straight. 9. Get a firm grip on the object with your hands and fingers. Use handles when present. 1 Q. Never lift anything if your hands are greasy or wet. 11. Wear protective gloves when lifting objects with sharp corners or jagged edges. 12. Hold objects as close to your body as possible. 13. Perform lifting movements smoothly and gradually; do not jerk the load. 14. If you must change direction while lifting or carrying the load, pivot your feet and tum your entire body. Do not twist at the waist. 15. Set down objects in the same manner as you picked them up, except in reverse. 16. Do not lift an object from the floor to a level above your waist in one motion. Set the load down on a table or bench and then adjust your grip before lifting it higher. •~: Ideal Demolition Safety Plan 05105 Ideal Demolition Services ALL PERSONNEL Jo Do not begin working until barricades, roaming signs or other protective devices have been installed to isolate the work area from local traffic. 2. Flagmen must wear reflective roaming vests when controlling vehicle traffic. 3. Do nofi walk under partially demolished wails or floors. 4. Stop working outdoors and seek shatter during lightning storms. Electrical Powered Tools 1. Do not use power equipment or tools on which you have not been trained. 2. Keep power cords away from path of drills or saws. 3. Do not use cords that have splices, exposed wires or cracked or frayed ends. 4. Do not carry plugged in equipment or tools with your finger on the switch. 5. Do not carry equipmen# or tools by the cord. 6. Disconnect the tool ftom the outlet by pulling on the plug, not the cord. 7. Tum the power switch of the tool to "ofP' before plugging or unplugging it. 8. Do not leave tools that are "on" unattended. 9. Do not handle or operate electrical tools when your hands are wet or when you are standing on wet floors. 10. Do not operate spark inducing tools such as drills or saws near containers labeled "Flammable." 11. Tum the power switch to the electrical tool to "ofP' and unplug it before attempting repairs or service work. Tag the tool "Out of Service.° 12. Do not use extension cords or other grounded three-pronged power cords that have the ground prong removed or broken off. 13. Do not remove the ground prong from electrical cords. 14. Do not use an adapter such as a cheater plug that eliminates the ground. 15. Do not connect multiple electrical tools into a single outlet. 16. Do not run extension cords through doorways, through holes in ceilings, walls or floors. 17. Do not dri,re over, drag, step on or place objects on a cord. 18. Do not use portable power tools unless they have acolor-coded green band taped to the handle. These green labeled tools have ground Fault Circuit Interrupters incorporated into the plug end of the power cord. The use of these power tools is required when working in older buildings or temporary work locations where the work environment is often damp, and the available electrical outlets may not meet our wiring standards. 19. Do not stand in water or on wet surfaces when operating power hand tools or portable electrical appliances. ideal Demolition Safety Plan 05/05 • • Ideal Demolition Services ALL PERSONNEL Electrical Powered Tools (Continued] 20. Do not use a power hand tool to cut wet or water soaked building materials. 21. Do not use a power hand tool while wearing wet cotton gloves or wet leather glaves. 22. Never operate electrical equipment barefooted. Wear rubber-soled or insulated work boots. 23. Do not operate power hand tools that have a frayed, wom, cut, improperly spliced or damaged power cord. 24. Do not operate power hand tools or portable appliances if the ground pin from the three pronged power plug is missing or has been removed. 25. Do not operate power hand tools or portable appliances with a iwo-pronged adapter or a two conductor extension cord. 26. Do not operate power hand tools or portable appliances while holding a part of the metal casing or holding the extension cord in your hand. Hold all portable power tools by the plastic hand grip or other nonconductive areas designed for gripping purposes. ~ ' Ladder Safety 1. Read and follow the manufacturer's instructions label affixed to the ladder if you are unsure how to use the ladder. 2. Do not use ladders that have loose rungs, cracked or split side rails, missing rubber foot pads, or are otherwise visibly damaged. 3. Keep ladder rungs clean and free of grease. Remove buildup of material such as dirt or mud. 4. Do not place ladders in a passageway without posting warning signs or cones that detour pedestrian #raffic away from the ladder. 5. Allow only one person on the ladder at a time. 6. Face the ladder when climbing up or down. 7. Maintain athree-point contact by keeping both hands and one foot or both feet and one hand on the ladder at all times when climbing up or down. 8. When performing work from a ladder, face the ladder and do not lean backward or sideways from the ladder. 9. Do not stand on the top two rungs of any ladder. 10. Do not stand on a ladder that wobbles, or that leans .to the left or right. 11. When using a ladder, extend the top of the ladder at least 3 feet above the edge of the landing. 12. Secure the ladder in place by having another employee hold it. !deal Demolition Safety Plan 05105 ~ Ideal Demolition Services ALL PERSONNEL Ladder Safety (Continued) 13. Do no# place ladders on barrels, boxes, loose bricks, pails, concrete blocks or other unstable bases. 14. Do not carry items in your hands while climbing up or down a ladder. 15. Do not try to "walk" a ladder by rocking it. Climb down the ladder, and then move it. 16. Do not use a ladder as a horizontal platform. Hand Tool Safety 1. Use tied off containers to keep tools from falling off of scaffolds and other elevated work platfom~s. 2. Use the knife that has been sharpened. Do not use a knife that has a dull blade. 3. Carry all sharp tools in a sheath or holster. 4. Tag wom, damaged or defective tools "®ut of Service" and do not use them. 5. Do not use a tool if its handle has splinters, burrs, cracks, splits or if the head of the tool is loose. 6. Do not use impact tools such as hammers, chisels, punches or steel stakes that have mushroomed heads. 7. When handing a tool to another person, direct sharp points and cutting edges away from yourself and the other person. 8. When using knives, shears or other cutting tools, cut in a direction away from your body. 9. Do not carry sharp or pointed hand tools such as screwdrivers, scribes, aviation snips, scrapers, chisels or files in your pocket unless the tool or pocket is sheathed. 10. Do not perform "make-shift" repairs to tools. 11. Do not use "cheaters" on load binders or "boomers." 12. Do not carry tools in your hand when climbing. Cany tools in tool belts or hoist the toots to the work area with a hand line. 13. Do not throw tools from one location to another, from one employee to another, from scaffolds or other elevated platforms. 14. Transport hand tools only in tool boxes or tool belts. Do not carry tools in your clothing. Removal of Walls and Floors 1. Do not work under area where walls or floors are being removed unless a safety net is in place to catch falling objects. " 2. Begin demolition of walls and floors at the top of the structure and continue ~.-~ downward. Ideal Demolition Safety Ptan 05/05 Ideal Demolition Services ALL PERSONNEL Removal of Walls and Floors (Continued) 3. Do not enter under an area where floor arches or walls are being removed. 4. Do not start demolition on floor arches until at least 20 feet surrounding the floor area has been cleared of debris. 5. Remove structural or load support members after the entire floor has been demolished and removed. 6. Do not drop debris through floor openings unless the area below has been barricaded at least 6 feet out from all edges of the opening. 7. Do not throw debris outside the barricaded area. 8. Do not begin working on the next lower level of the structure until all debris has been removed from the level you are currently working on. Disposal Chutes 1. Only the operator assigned to the chute gate will control the operation of the chute gate, as well as the backing and loading of trucks that are underneath the chute. 2. Do not dump debris in a chute opening unless the chute opening has a guardrail. 3. Do not dump material from a wheelbarrow into a disposal chute unless the area around the chute opening has a toeboard. Cranes and Hoists 1. Do not use load hooks that are cracked, bent or broken. 2. Do not use cranes that do not have their rated load capacity indicated on each side of the crane or on its load block. 3. Passengers are not permitted to ride inside the operator's cab of a truck crane. 4. Keep crane windows clean. Do not use a crane if its windows are broken. 5. Do not exceed the rated load capacity as specified by the manufacturer. 6. Do not operate a crane on soft ground without cribbing and mats. 7. Fully extend outriggers before attempting a lift. 8. Stay outside the barricades of the posted swing radius. 9. Do not pertorm any crane refits or modifucations without the manufacturer's approval. 10. Do not leave the crane unattended with a hoisted load. 11. Do not hoist loads over people. Ideal Demolition Safety Plan 05!05 ~ ~ ,., - Ideal Demolition Services i~ ALL PERSONNEL Cranes and Hoists (Continued) 12. Do not drive on the road shoulders. 13. Wear high visibility vests before working as a signalman. 14. Only follow the signals of the person designated to give you signals when operating a crane. 15. Replace the belts, gears or rotating shaft guards after servicing a crane; do not use the crane if guards are missing from these areas. Lifting Equipment (chains, cables. roses, slings, etc.) 1. Do not use chain slings if the links are cracked, twisted, stretched or bent. 2. Fabricate all wire in wire rope slings by using thimbles; do not form eyes by using wire clips or knots. 3. Do not shorten slings by using make-shift devices such as knots or bolts. ,f~ 4. ' Do not use a kinked chain. ` 5. Protect slin s from the sha ed es of their loads b lacin g rp g y p g pads over the sharp edges of the items that have been loaded. 6. Do not place your hands between the sling and its load when the sling is being tightened around the load. 7. Wear work gloves when handling rough, sharp-edged or abrasive material such as chains, cables, ropes or slings. 8. Do not alter or remove the safety latch on hooks. Do not use a hook that does not have a safety latch, or if the safety latch is bent. 9. Lift the load from the center of hooks, not from the point. Ideal Demolition Safety Plan 05!05 C November 3, 2006 MERIDIAN CITY COUNCIL MEETING November 8, 2006 APPLICANT ITEM NO. S-M REQUEST Contract for Wastewater Treatment Plan Expansion Project Task Order No. 4 with Carollo Engineers AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY HARKS 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 meeflngs shag became properly of the CHy of Meridian. • . ~ Memo To: William Berg, Jr.; Tara Green From: Clint Dolsby, P.E., Staff Engineer CC: Len Grady, P.E., City Engineer Date: 11 /2/2006 Re: Proposed Agenda Items for November 7, 2006 City Council Meeting The Public Works Department respectfully requests the following items be placed on the November 7 City Council agenda, under Consent Agenda, for Council's consideration: Wastewater Treatment Plant Expansion Protect Task Order No. 4. Carollo Engineers has submitted a task order, scope of work, and budget for the construction management services for the wastewater treatment plant Biosolids Improvement Project. They propose to complete the work for $769,490. This is an extension of the agreement between the City of Meridian and Carollo Engineers approved by City Council on the 26~' of October, 2004 for the Wastewater Treatment Plant Expansion Project. This project consists of construction management services for the Biosolids Improvement Project which includes construction of cast-in-place concrete structures, including two 750,000 gallon anaerobic digesters with fixed steel covers, digester gas conditioning equipment, progressing cavity sludge transfer pumps, dewatering centrifuge, hot water boilers, including miscellaneous process equipment, piping, electrical and controls, coatings, and appurtenances. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Wastewater Treatment Plant Expansion Protect Task Order No. 4 with Carollo Engineers for $769,490 and authorize the Mayor to sign it. Five Mile Creek Flow Measurement Study. Brown and Caldwell has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $33,000. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 3`~ of January, 2006 for the Engineering Services for Miscellaneous Wastewater Projects. • Page 1 This project provides engineering services for the evaluation of flow measurement structure just upstream of the outfall from the City's wastewater treatment facility and the design of a remedy to improve the accuracy of the data used as part of the National Pollutant Discharge Elimination System (NPDES) permit limits. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Five Mile Creek Flow Measurement Study with Brown and Caldwell for $33,000 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page 2 TASK ORDER N0.4 SCOPE OF SERVICES CITY OF MERIDIAN PUBLIC WORKS (OWNER) AND CAROLLO ENGINEERS, A Professional Corporation (ENGINEER) This Task Order is issued by the OWNER and accepted by the ENGINEER pursuant to the mutual promises, covenants and conditions contained in the Agreement between the above named parties dated the 15th of November, 2004 in connection with: CITY OF MERIDIAN BIOSOLIDS IMPROVEMENT PROJECT PURPOSE The ENGINEER's scope of services, time of completion and compensation shall be as set forth herein. Services shall generally be described as Construction Management Services, Operator Training and Startup Assistance for the City of Meridian, Biosolids Improvements Project. ENGINEER's SERVICES ENGINEER shall provide construction management services as described herein. The scope of services is based on a total construction period of twenty four (24) months from contractor's notice-to-proceed to final-completion, in the following detailed subtasks. TASK 4.1 -PROJECT MANAGEMENT ENGINEER shall furnish general administrative services to maintain current project status and to provide organized execution of work and retrieval of information, to include: Support the Owner's document tracking database for the project specific requirements. Expedition database will be used to log and track work changes, contractor communications, and progress reports. Review and route, as appropriate, Project correspondence. Maintain a logical and retrievable filing system. Maintain logs of correspondence and other project documentation transmittals. Provide to the OWNER each month a brief written progress report on the services performed. Such reports shall include the cumulative percentage of the overall budget expended, a brief description of work performed during the reporting period, and such other information as may be appropriate. Deliverables: Monthly Progress Reports (electronic copy). H:\Client\Meridian_BOI\6586D40_BIOSOLIDS_CMS\Contracts1810SOLIDS_CMS T04v2.doc Page 1 of 5 Task 4.2 -OFFICE ENGINEERING SERVICES ENGINEER shall perform technical review services to preserve the intent of the contract documents, including: Task 4.2.1 -Engineer's Review Submittal Review. -ENGINEER shall receive, log, review, comment on, and return submittals for shop drawings, product data, and samples received from the Contractor to determine general compliance with the Contract Documents. Coordinate discipline engineering and subconsultants (structural, electrical, instrumentation) required for submittal review. Review comments will be provided on a Submittal Review cover sheet. attached to returned submittals. Submittal review is not intended as acceptance of the work. The review is not intended to relieve the Contractor of his full responsibility for performance as required by the Contract Documents, nor is the review intended to ensure or guarantee lack of errors, omissions, or inconsistencies between the submittals and the Contract Documents. Design Clarifications. ENGINEER shall respond to Contractor's Requests for Information (RFIs). RFIs shall be tracked through the CM Field Office. ENGINEER shall issue interpretations and clarifications of the contract documents and prepare sketches to clarify contract documents where necessary. Coordinate discipline engineering and subconsultants (structural, electrical, instrumentation) required for resolution of conflicts and RFIs. Change Orders. ENGINEER shall analyze RFIs and change order requests and upon determination by the OWNER and ENGINEER that a change order is required, the ENGINEER shall prepare technical documentation required for change orders (specifications, drawings, or sketches). Deliverables: Submittal review log (weekly) RFI review log (weekly) Task 4.2.2 -Contract Administration Maintain and document communications with the OWNER. Assist the OWNER with contract administration and amendments required for changes to the scope, cost, or schedule of the work. Conduct and document the preconstruction conference. Conduct and document construction weekly construction progress meetings at the job site: Maintain ENGINEER's project records including daily logs, inspection reports, photos, measurements of quantities, schedules,-.and correspondence and documentation of major decisions and actions. H:\Client\Meridian_BOI\6586D40_BIOSOLIDS_CMS\Contracts\BIOSOLIDS_CMS T04v2.doc Page 2 of 5 C~ J Prepare and submit to the OWNER a monthly progress report of contractor activities. Review the contractor's construction schedule, updates, and revisions in accordance with the contract documents. Evaluate monthly progress payment requests from the contractor and recommend payment. Determine changed conditions, define scope, prepare independent cost estimate, negotiate with the contractor, prepare and process change orders for incorporation into the construction contract. Monitor Contractor compliance with construction permits. Recommend course of action to the OWNER if requirements of permits are not being met by the Contractor. Monitor as-built record drawings maintained by the Contractor on a regular basis. Coordinate and track the shop drawing and submittal review process, between the ENGINEER and the contractor. Identify potential claims and make recommendations to resolve them. Deliverables: Work Change Log (weekly- distributed to all parties) • Meeting Minutes (weekly -distributed to all parties) Draft Contract Change Orders for OWNER's and CONTRACTOR's signatures. Task 4.3 -FIELD INSPECTION AND RESIDENT ENGINEERING ENGINEER shall perform part-time field inspection and resident engineering services, to monitor the progress and general quality of the Contractor's work effort, including specialty site visits (structural, electrical, instrumentation, mechanical). ENGINEER shall not, because of such field observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work. Nor shall ENGINEER have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected by Contractor or safety precautions and programs incident to the Work. Furthermore, ENGINEER shall not be held responsible for any failure of Contractor to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor furnishing and performing work, as defined in the General Conditions of the contract documents. ENGINEER's services shall include: Provide part time resident engineer to facilitate general construction management and monitor conformance of the Contractor's work with the Contract Documents. Part time field inspection will assist OWNER with coordination of project sequencing and construction constraints as required for temporary piping, bypassing, tie-ins orshut-downs. ENGINEER's inspection shall cover civil, structural and mechanical components of the work, to monitor the contractor's conformance with the contract documents. Engineer's inspections will also include periodic checking of Contractor's procedures for dewatering, structural subgrade preparation, concrete placement, and special coatings. (Part time inspection is based on 8 hours per week, assuming 18-months for mobilization in a 24 month contract period.) ENGINEER will provide part-time construction .inspection for electrical and instrumentation work to monitor the contractor's conformance with the contract documents. (Part time H:\Client\Meridian_BOI\6586D40_BIOSOLIDS_CMS\Contracts1610SOLIDS_CMS T04v2.doc Page 3 of 5 • inspection is based on 8 hours per week, for 12-month period estimated for electrical work.) Prepare digital pictures of initial site conditions prior to contractor's commencement of construction. Maintain photo log of work in progress. • Monitor and coordinate contractor maintenance of field changes to plans and specifications during construction (record drawings). Verify functional and performance conditions of equipment and controls during testing, provide startup assistance, and coordinate vendor training. Engineer will witness critical functional tests and will monitor operational testing. Deliverables: Field Inspection Reports (weekly, per visit). Testing Reports (as completed by the Contractor) Task 4.4 -OPERATOR TRAINING ENGINEER shall perform operator training to facilitate project closeout and tum-over of the . completed construction contract to the OWNER. Operator training will be conducted for the WWTP Expansion Project and the Biosolids Improvement Project. Schedule and conduct operator classroom instruction to convey the process theory and design intent of the completed project. Classroom instruction will cover normal operations, and basic startup and shutdown procedures. General process microbiology and laboratory procedures for process monitoring and control will be covered. Classroom instruction will utilize contract process and instrumentation diagrams (PIDs), and other contract drawings. ENGINEER will prepare process schematics and graphic figures for operation and maintenance manuals. Schedule and conduct operator classroom instruction to present OWNER with the SCADA functional control logic and Wonderware system graphics interface. ENGINEER will provide written descriptions covering normal operating procedures, with startup and shut-down sequencing. Operation and maintenance instructions will be delivered in electronic format (Word Document), for the OWNERs use in the existing electronic operation and maintenance manual. Task 4.5 -PROJECT COMPLETION ENGINEER shall perform project closeout services including: Schedule and conduct substantial completion inspections, issue punch lists, review compliance, and recommend acceptance by the OWNER. Prepare a final project report to include total project cost analysis, project progress analysis of planned and actual milestones, and a summary of contract startup, closeout, and acceptance including the final resolution of claims or disputed work. Prepare record drawings for the completed project. The construction Contractor will maintain during the construction process a current marked-up set of drawings showing field changes. Following construction completion, ENGINEER shall prepare one full-sized reproducible set of H:\Client\Meridian_BOI\6566D40_BIOSOLIDS_CMS\Contracts1610SOLIDS_CMS T04v2.doc Page 4 of 5 record drawings upon final acceptance of the work. Changes will be noted as redlines on the drawings. Drafting new drawings to scale are not included in this Scope. Investigate, document and communicate equipment operation or performance issues with the contractor for con'ection during the warranty period. Deliverables: Final Construction Support Services Project Report (5 copies). Record drawings of completed project (1 full-size copy, electronic CD copy, and 5 half- - sized copies). TIME OF COMPLETION The proposed engineering services shall coincide with construction of the Project. It is anticipated that construction will proceed over an approximate 24-month schedule, following the notice-to-proceed date of the contract documents. Actual construction time and scheduling will need to be adjusted according to the CONTRACTOR's actual schedule for completing the work. Record drawings will be completed forty-five (45) following the construction period. COMPENSATION The not-to-exceed limit for engineering fees for the work described above is seven hundred seventy .thousand dollars ($770,000). A breakdown of the estimated engineering hours and other costs is presented in Exhibit A. The estimate assumes an 24-month construction schedule. The ENGINEER will invoice for this monthly on an hourly rate basis in accordance with ENGINEER's standard fee schedule in effect at the time the work is completed. A copy of ENGINEER's current fee schedule is attached for reference. Outside services for subconsultant work and other direct costs shall be reimbursed at cost plus 10 percent mark-up. Travel and subsistence will be charged at cost. 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Fav~~Ava3~U S ~ FawF F3 2CCq m ~ Fwrx3 ~04 m C W x • u CAROLLO ENGINEERS, PC FEE SCHEDULE As of March 1, 2006 Hourly Rate Engineers/Scientists Assistant Professional X109.00 Professional 145.00 Project Professional 175.00 Lead Project Professional 189.00 Senior Professional 209.00 Technicians Technicians 85.00 Senior Technicians 124.00 Support Staff Word Processing /Clerical 75.00 Project Equipment Communication Expense 8.50 (PECE) Per DL Hour Other Direct Expenses Travel and Subsistence at cost Mileage .445/mile Subconsultant cost + 10% Other Direct Cost cost + 10% Expert Witness Rate x 2.0 This fee schedule is subject to annual revisions due to labor adjustments. H:~KntanuallTab 1 Ovmer`FEEIStandard\Entire Company O6.doc r~ ~~ Submittal List L Wastewater Treatment Plant Expansion Submittal List City of Me ridian Revie I(ho w Time urs) ection ubmittal v ~ (~ d H M ~ ~ ~ ~ y ~ v w E ~L ~ •C W o otal 1140 Work Restrictions 4 8 12 1292 Schedule of Values 1 2 2 5 1294 Applications for Payment 1 2 3 01324A Progress Schedules and Reports 8 116 8 32 1329 Safety Plan 1 1 2 1355 Stormwater Pollution Prevention 1 4 5 1450 Quality Control 1 1 1500 Temporary Facilities and Controls 1 4 1 6 1722 Field Engineering 4 ~8 2 14 1732 Cutting and Patching 1 4 5 1738 Selective Demolition 2 4 6 1756 Testing, Training, and Facility Start-Up 8 12 8 24 52 1770 Closeout Procedures 1 2 1 4 1782 - Operation and Maintenance Data 4 40 32 76 2084 Utility Structures ~ 1 1 2 2200 Site Preparation 1 2 2 5 2240 Dewatering 1 2 1 1 5 2260 Excavation Support and Protection 1 2 2 5 2300 Earthwork 2 4 2 8 2312 Controlled Density Fill 1 2 2 5 2622 Filter Fabric for Drains and Underdrains 1 1 2 2722 Aggregate Base Course 1 Z 3 2742 Asphalt Concrete Pavement 1 4 2 7 2821 Chain Link Fences and Gates 2 1 3 2952 Pavement Restoration and Rehabilitation 1 4 1 6 3071 Epoxies 'I 2 3 3102 Concrete Formwork 2 4 6 3150 Concrete Accessories 2 2 4 3200 Concrete Reinforcement 2 16 40 58 3300 Cast-In-Place Concrete 8 12 8 28 3565 Channel Bottom Grout 2 1 3 3600 Grouts 1 1 2 Page 1 Submittal List 3931 Epoxy Injec#ion System 1 2 2 5 3936 Water Leakage Test for Concrete Structures 1 2 3 4090 Masonry Accessories 1 1 2 4100 Mortar and Masonry Grout 1 2 3 4200 Concrete Masonry Units 1 1 2 5120 Structural Steel 1 1 2 5140 Structural Aluminum 1 8 4 13 5500 Metal Fabrications 1 4 24 29 6072 Preservative Pressure Treated Wood 1 2 1 4 6100 Rough Carpentry 1 1 2 6174 Wood Trusses 1 4 8 13 6608 Fiberglass Reinforced Plastic 1 1 2 6611 Fiberglass Reinforced Plastic Fabrications 1 1 1 3 7190 - Water Repellents 1 1 2 7900 Joint Sealers 1 1 2 7914 J-Seals 1 1 2 8310 Access Doors and Panels 1 8 4 13 9960 High Performance Coatings 4 16 16 36 10400 Identifying Devices 1 6 7 11300 Double Disc Diaphragm Pump 1 8 2 6 17 113121 Progressing Cavity Pumps 2 16 1 6 25 11312) Submersible Sump Pumps 1 4 2 7 113120 ANSI End Suction Pumps 1 4 4 9 11317 Digester Draft tube Mixers 4 16 4 1 4 29 11358 Sludge Centrifuge 8 24 4 4 24 64 11370 Gas Booster Centrifugal Blowers 4 16 2 16 38 11381 ~ Digester Gas Accessories 1 4 5 11404 Shell and Tube Heat Exchangers 1 4 5 11565 Digester Gas Scrubber ~ 2 8 2 4 16 13233 Fixed Steel Digester Covers 2 8 16 26 13446 Valve and Gate Operators 1 4 5 13447 Motorized Operators 2 8 2 8 20 14555 Shaftless Screw Conveyor 4 12 8 1 12 37 14651 Portable Davit Crane 4 2 6 15050 Basic Mechanical Materials and Methods 1 4 5 15052 Basic Piping Materials and Methods 2 12 14 1.5061 Pipe Supports 1 12 4 17 15062 Preformed Channel Pipe Support System 1 2 3 15075 Mechanicalldentification 1 1 15110 Valves 4 4 15111 Ball Valves 1 1 15112 Butterfly Valves 2 2 Page 2 Submittal List 15114 Check Valves 2 2 15115 Gate, Globe, and Angle Valves 2 2 15116 Plug Valves 1 4 5 15117 Specialty Valves 1 _ 2 1 4 15120 Piping Specialties 2 2 15121 Pipe Couplings 2 2 15251 Ductile Iron Piping 1 6 7 15252A Steel Piping g 6 15255 Stainless Steel Piping and Tubing 2 2 15265 Plastic Piping and Tubing 2 2 15268 Miscellaneous Piping, Tubing, and Hose 2 2 15400 Plumbing Fixtures and Equipment - 1 2 3 15521 Hot Water Accessories 4 16 4 16 40 15552 Boilers 4 24 4 16 48 15594 HVAC 4 16' 32 52 15956 Piping Systems Testing 4 16 20 15958 Mechanical Equipment Testing 1 2 ~ 2 5 16010 Electrical General Provisions 1 2 1 8 12 16050 Basic Construction Materials and Methods 1 g g 16062 Grounding 1 4 5 16075 Electricalldentification 1 4 5 16123 600 Volt or Less Wires and Cables 1 g g 16133 Conduits 1 4 5 16134 Boxes 1 4 5 16135 Cabinets and Enclosures ~ 1 1 4 6 16140 Wiring Devices 1 4 5 16144 Disconnect Switches 1 4 5 16222 Motors 1 1 8 10 16262 Variable Frequency Drives Below 75 hp 1 1 4 16 22 16414 600 Volt Fuses 2 2 16422 Motor Control 12 12 16448 Panelboard 16 16 16500 Lighting 1 g g 16950 Electrical Testing ~ 1 1 4 24 30 17050 Process Control and Instrumentation Systems General 1 1 4 24 30 17131 Pressure -Gages 1 1 8 10 17132 Pressure -Transmitters 1 1 8 10 17133 Pressure -Switches 'I 1 8 10 17163 Analyzers - PH/ORP 1 'I 1 1 4 17200 Control Panels General 'I 1 8 10 17201 Control Panel Instruments 'I 1 8 10 17206 Level Measurement -Ultrasonic 1 1 8 10 Page 3 ,~ Submittal List 17302 Flow Measurement -Magnetic Flow Meters 1 2 1 8 12 17305 Flow Measurement -Thermal Mass 1 2 1 8 12 17306 Dissolved Oxygen (DO) Analyzer 2 1 1 4 8 17511 PLC-Based Control Systems -Hardware 1 2 8 24 35 17512 PC-Based SCADA Systems -Hardware 1 2 8 24 35 Total 139 545 187 73 502 1446 Page 4 r~ November 3, 2006 MERIDIAN CITY COUNCIL MEETING November $, 2006 CC APPLICANT ITEM NO. S-N REQUEST Contract for the Five Mile Creek Flow Measurement Study with Brown and Caldwell AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: C)TY 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: ~e attached at~~ OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubflc meetings shalt become property of the ~ of Meridian. • o ~,v ~ ~~~ r ~~ ~' yfi~~ E~ ~ ~" ~~0~ -'i~`~ ~b 1~~~~°~tiiaru ~itY ~~~~~~ ~~~~;~ Memo To: William Berg, Jr.; Tara Green From: Clint Dolsby, P.E., Staff Engineer CC: Len Grady, P.E., City Engineer Date: 11 /2/2006 Re: Proposed Agenda Items for November 7, 2006 City Council Meeting The Public Works Department respectfully requests the following items be placed on the November 7 City Council agenda, under Consent Agenda, for Council's consideration: Wastewater Treatment Plant Expansion Proiect Task Order No 4 Carollo Engineers has submitted a task order, scope of work, and budget for the construction management services for the wastewater treatment plant Biosolids Improvement Project. They propose to complete the work for $769,490. This is an extension of the agreement between the City of Meridian and Carollo Engineers approved by City Council on the 26"' of October, 2004 for the Wastewater Treatment Plant Expansion Project. This project consists of construction management services for the Biosolids Improvement Project which includes construction of cast-in-place concrete structures, including two 750,000 gallon anaerobic digesters with fixed steel covers, digester gas conditioning equipment, progressing cavity sludge transfer pumps, dewatering centrifuge, hot water boilers, including miscellaneous process equipment, piping, electrical and controls, coatings, and appurtenances. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Wastewater Treatment Plant Expansion Project Task Order No. 4 with Carollo Engineers for $769,490 and authorize the Mayor to sign it. ~~~ Five Mile Creek Flow Measurement Studv. Brown and Caldwell has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $33,000. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 3'~ of January, 2006 for the Engineering Services for Miscellaneous Wastewater Projects. ~ Page 1 • • This project provides engineering services for the evaluation of flow measurement structure just upstream of the outfall from the City's wastewater treatment facility and the design of a remedy to improve the accuracy of the data used as part of the National Pollutant Discharge Elimination System (NPDES) permit limits. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Five Mile Creek Flow Measurement Study with Brown and Caldwell for $33,000 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page 2 River 1 • ter • 600 East Riverpazk Iane, Suite 210 Boise, ID 83706 Tel: (208) 336-1340 Fag: (208) 344-0825 www.brownandcaldwell.com October 19, 2006 z1 ~ ^ Mr. Len Crrady City Engineer City of Meridian Public Works 660 East Watertower, Suite 200 Meridian, Idaho 83642 54-07-051364-003 Subject: Letter Agreement Proposal for Evaluating and Addressing the Flow Measurement of Five Mile Creek at the Wastewater Treatment Facility Dear Mr. Crrady: In accordance with your request, Brown and Caldwell is pleased to provide the City of Meridian (City) with the following proposal to evaluate the flow measurement structure just upstream of the outfall from the City's wastewater treatment facility and as requied design a remedy to improve the accuracy of the data used as part of the National Pollutant Discharge Elimination System (NPDES) permit limits. Brown and Caldwell has visited the site and believe the most effective approach to improving accuracy of flow data is to install a demonstration Flo-Dar flow measurement unit which calculates the flow based on water depth and velocity using radar technology. If this demonstration unit proves to be effective, a permanent installation will be designed to measure the flow through the existing flume. This approach will provide significant savings to the City by avoiding the cost of constructing a new flume and extending the outfall line to maintain the recommended distances from a flow measurement flume to ensure accurate data. The test of the demonstration unit is proposed to begin in November and continue long enough to test the accuracy of the instrument in this application as flows drop in the creek during the winter season. The low flows are anticipated to occur in February or March. Data will be collected regularly during this, four to five month period. If the demonstration unit does not provide accurate reading within 3 percent to 5 percent, then a new flume will be designed to meet City needs. p:\gen lengineering\pursuits\meridian\flow measurement letter proposal 10-19-06.doc E n v i r o n m e n t a l E n g i n e e r s ~' C o n s u l t a n t s Mr. Len Grady October 19; 2006 Page 2 SCOPE OF WORK TASK 1 INSTALLATION AND EVALUATION OF FLO-DAR MEASUREMENT INSTRUMENT This task includes installing a temporary demonstration meter manufactured by Marsh-McBirney over the existing flume structure in Five Mile Creek for a period of approximately five months (November 2006 through March 2007). During this time data will be collected and the calibration checked each month by a hand held instrument typical for measuring stream flows. After this period, the temporary meter will be removed and a report will be written to present the findings. TASK 2 IlViPLEMENTATION OF FLO-DAR FLOW MEASUREMENT INSTRUMENT (THIS TASK IS DEPENDANT UPON THE SUCCESS OF THE TASK 1 DEMONSTRATION) This task includes the design of a permanent installation of a Flo-Dar meter above the existing flume structure. Design will include all electrical, instrumentation and mounting drawings along with purchase specifications for the unit and ancillary items for a complete installation. In our cost estimate it was assumt;d that the existing communications network for the existing flow measurement device can be reused for this retrofit. This task also includes construction assistance during the purchase and installation of this equipment. TASK 3 FLUME AND OUTFACE EXTENSION DESIGN This task will only occur if the demonstration results in Task 1 are unsuccessful. The work will include the design necessary to construct a new flume and relocate the outfall line to maintain proper distances from the flow of the convergent stream flows and ensure accurate flow measurements from the flume. Work will include all necessary civil, structural, electrical and I&C design for a complete system. Work will also include the necessary Idaho Department of Environmental Quality and Corps of Engineer permits for work in the creek as well as construction support services. We recommend performing Task 1 before providing a detailed estimate for this task since, in all likelihood, a new flume and outfall will not required. For planning purposes, a design fee of $70,000 to $100,000 is estimated for the level of effort necessary to complete this design. ESTIMATED B UDGET AND PROPOSED SCHEDULE Brown and Caldwell proposes conducting this work on atime-and-materials basis with a multiplier of 3.2 applied to our direct labor rates and a 10% mark-up on materials and supplies used as part of this effort. Brown and Caldwell will initiate the project upon your approval to proceed. The following presents the project costs and schedule on a per task basis: p:\gen i\engineering\pursuits\meridian\flow measurement letter proposal 10.19-06.doc • • Mr. Len Grady October 19, 2006 Page 3 Task Amount Com letion Date Notice to Proceed October 30, 2006 Task 1 Evaluation of New Flow Instrumentation $8,000 March 31, 2007 Task 2 Im lementation of New Flow Instrumentation $25,000 Ma 31, 2007 Task 3 Flume and Outfall Extension Design TBD TBD For your convenience, we have prepared this proposal in the form of a Letter Agreement to be performed under the attached Terms and Conditions (Attachment A). Should you desire to begin this work immediately, please sign both copies of this Letter Agreement Proposal and return one copy to 600 East Riverpark Lane, Suite 210, Boise, Idaho 83706. The other copy is for your files. Any questions concerning this proposal should be directed to Mr. Dean Smith at (208) 336-1340. Very truly yours, BROWN AND CALDWELL Mark E. Gagnon, P. Office Manager Dean P. Smith, P.E. Principle Engineer MEG:kw Attachments ACCEPTED BY THE CITY OF MERIDIAN Signature: Printed Name: Title: Date: p:\gen i\engineering\pursuits\meridian\flow measurement letter proposal 10.19-06.doc • ATTACHMENT A Brown and Caldwell/Client Standard Terms and Conditions I. SCOPE Brown and Caldwell (BC) agrees to perform the services described in the scope of work attached hereto which incorporates these terms and conditions. Unless modified in writing by the parties hereto, the duties of BC shall not be construed to exceed those services specifically set forth in the proposal. These terms and conditions and the proposal, when executed by Client, shall constitute a binding agreement on both parties (hereinafter the "Aboreement'~. II. COMPENSATION Client agrees to pay for the services in Article I in accordance with the compensation provisions in the proposal Payment to BC will be made within 30 days after the date of billing. Interest on the unpaid balance will accrue bea'in~ on the 31st day at the maximum interest rate permitted bylaw. Ttme-related charges will be made in accordance with the billing rate referenced in the proposal or Agreement. Direct expenses and Subcontractor services shall be billed in accordance with the proposal or compensation exhibit attached to this Agreement. Gtherwise, BC's standard billing rates shall apply. In the event any uncontested portions of any invoice aze not paid within 30 days of the date of Consultant's invoice, Consultant shall have the right to suspend work per Article X1V, Suspension of Work. III. RESPONSIBILITY STANDARD OF CARE. BC is employed to render a professional service only, and any payments made by Client are compensation solely for such services rendered and recommendations made in carrying out the Work. BC shall perform the services in accordance with generally accepted engineering practices and standards in effect when the services are rendered. BC does not expressly or impliedly warrant or guazantee its services. In perfomung construction management services, BC shall act as agent of Client. BC's review or supervision of work prepared or performed by other individuals or firms employed bq Client shall not relieve those individuals or firms of complete responsibility for the adequary of their work. The presence of BC's personnel at a construction site, whether as on-site representative, resident engineer or construction manager, shall be for the sole purpose of determining that the work is generally proceeding in conformance with the intent of the project specifications and contract documents and does not constitute any form of guarantee or assurance with respect to contractor's performance. BC shall have no responsibility for the contractor's means, methods, techniques, sequences, for safety precautions and programs incident to the contractor's work, or for any failure of contractor to comply with laws and regulations applicable to performing its work. i~tFT.TANCE UPON INFORMATION PROVIDED BY OTHERS. If BC's perfomtance of services hereunder requires. BC to rely on information provided by other parties (excepting BC's subcontractors), BC shall not independently verify the validity, completeness or accurary of such information unless otherwise expressly engaged to do so in writing by Client. IV. INDENINIFICATION BC agrees to indemnify, defend, and hold Client harmless from and against any liability to the extent arising out of the negligent acts, errors or omissions of BC, its agents, employees, or representatives, in the performance of duties under the Agreement. Regardless of any other term of this Agreement, in no event shall BC be responsible or liable to Client for any incidental, consequential, or other indirect damages. V. INSURANCE BC shall maintain during the life of the Agreement the following minimurn insurance; 1. Commercial general liability insurance, including personal injury liability, blanket contractual liability and broad form property damage liability. The. combined single limit for bodily injury and property damage shall be not less than $1,000,000. 2. Automobile bodily injury and propemy damage liability insurance covering owned, non-owned, rented, and hired cars. The combined single limit for bodily injury and property damage shall be not less than $1,000,000. 3. Statutory worker's compensation and employers' liability insurance as required by state law. 4. Professional liability insurance with limits of not less than $1,000,000. Client shall be named as additional insured on polices 1 and 2 above. Upon request, a certificate of insurance will be provided to Client with a 30-day written notice in the event the above policies are cancelled. VI. SUBCONTRACTS BC shall be entitled, to the extent detemvned to be appropriate by BC, to subcontract any portion of the Work to be performed under this Agreement. VII. ASSIGNMENT If the authorized scope of work includes construction activities or the oversight of construction, BC may, at its p:\gen i\engineering~pursuits~meridian~flow measurement letter proposa110.19-06.doc CL-L-TC (Mazch 15, 2005) Page 1 of 3 +~ i Brown and Caldwell/Client Standard Terms and Conditions (cont) discretion and upon notice to Client, assign all of its Client shall hold harmless and indemnify BC against all contractual rights and obligations with respect to such losses, damages, costs and expense, including attorneys' activities or services to Brown and Caldwell Constructors, fees, arising out of or related to any such unauthorized its wholly owned affiliate. change, alteration or reuse. If the authorized scope of work requires professional services to be. performed in a jurisdiction in which BC renders professional services solely through a locally registered engineering affiliate for purposes of compliance with professional licensing requirements in that jurisdiction, BC may, in its discretion, upon notice to Client, assign its contractual rights and obligations with respect to such services to such locally registered engineering affiliate. VIII. INTEGRATION These terms and conditions and the proposal to which they are attached represent the entire understanding of Client and BC as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. The Agreement may not be modified or altered except in writing signed by both parties, provided further that any terms and conditions in any client authorization or purchase order issued in connection or under the Agreement which are inconsistent with the Agreement are hereby superseded and shall be of no force and effect IX. CHOICE OF LAW/JURISDICTION This Agreement shall be administered and interpreted under the laws of the state in which the BC office responsible for the project is located. Jurisdiction of litigation arising from the Agreement shall be in that state. x sEVERABILITY If any part of the Agreement is found unenforceable under applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall be in full force and effect XI. FORCE MAJEURE BC -shall not be responsible for delays in performing the scope of services that may result from causes beyond the reasonable control or contemplation of BC. BC will take reasonable steps to mitigate the impact of any force majeure. XII. NO BENEFIT FOR THIRD PARTIES The services to be performed by BC hereunder are intended solely for the benefit of Client, and no right nor benefit is conferred on, nor any contractual relationship intended or established with any person or entity not a party to this Agreement. No such person or entity shall be entitled to rely on BC's performance of its services hereunder. XIII. WORg PRODUCT BC and Client recognize that BC's work product submitted in perfommance of this Agreement is intended only for the Client's. benefit and use. Change, alteration, or reuse on another project by Client shall be at Client's sole risk, and XIV. SUSPENSION OF WORg Work under this Agreement may be suspended as follows: 1. By Client. By written notice to BC, Client may suspend all or a portion of the Work under this Agreement if unforeseen circumstances beyond Client's control make normal progress of the Work impracticable. BC shall be compensated for its reasonable expenses resulting from such suspension including mobilization and de-mobilization. If suspension is greater than 30 days, then BC shall have the right to terminate this Agreement in accordance with Article XV, T~*+*+~nation of Work. 2. ~ BC. By written notice to Client, BG may suspend the Work if BC reasonably determines that working conditions at the Site (outside BC's control) are unsafe, or in violation of applicable laws, or in the event Client has not made timely payment in accordance with Article II, Compensation, or for other circumstances not caused by BC that are interfering with the normal progress of the Work. BC's suspension of Work hereunder shall be without prejudice to any other remedy of BC at law or equity. XV. TERMINATION OF WORE This Agreement maybe temminated as follows: 1. By Client (a) for its convenience on 30 days' notice to BC, or (b) for cause, if BC materially breaches this Agreement through no fault of Client and BC neither cures such material breach nor makes reasonable progress toward cure within 15 days after Client has given written notice of the alleged breach to BC. 2. By BC (a) for cause, if Client materially breaches this Agreement through no fault of BC and Client neither cures such material breach nor makes reasonable progress toward cure within 15 days after BC has given written notice of the alleged breach to Client, or (b) upon five days' notice if Work under this Agreement has been suspended by either Client or BC in the aggregate for more than 30 days. 3. Payment upon TP*~•~ination. In the event of temmination, BC shall perform such additional work as is reasonably necessary for the orderly closing of the Work. BC shall be compensated for all work performed prior to the effective date of temmination, plus work required for the orderly closing of the Work. Except for termination of BC by Client for cause, 'BC shall also receive a termination fee equal to 15 percent of the total compensation yet to be earned under existing authorizations at the time of t~+;nation. p:\gen lengineering\pursuits\meridian\flow measurement letter proposal 10-19-06.doc CL-L-TC (March 15, 2005) - Page 2 of 2 Brown and Caldwell/Client Standard Terms and Conditions (cont) XVI. NOTICES All notices required under this Agreement shall be by personal delivery, facsimile or mail to the BC Project Manager and to the person signing the proposal on behalf of the Client, and shall be effective upon delivery to the addressed stated in the proposal p:\gen i\engineering\pursuits\meridian\flow measurement letter proposal 10-19-06.doc CL-L-TC (Mazch 15, 2005) Page 3 of 2 River Run Center 600 East Riverparlc Lane, Suite 210 Boise,lD 83706 Tel: (208) 336-1340 Fax: (208) 344-0825 www.brownandcaldwell.com October 19, 2006 ~~~~ a~ fig' ~,~=;~ i"s s , ~ ;;- ~.: f~ Mr. Len Grady City Engineer City ofMeridian Public Works 660 East Watertower, Suite 200 Meridian, Idaho $3642 ~. ~~ 54-07-051364-003 Subject: Revised Letter Agreement Proposal for Evaluating and Addressing the Flow Measurement of Five Mile Creek at the Wastewater Treatment Facility Dear Mr. Grady: Irl accordance with your request, Brown and Caldwell is pleased to provide the City of Meridian {City} with the following proposal to evaluate the flow measurement structure just upstream of the outfall from the City's wastewater treatment facility and as required design a remedy to improve the accuracy of the data used as part of the National Pollutant Discharge Elimination System (NPDES) permit limits. Brown and Caldwell has visited the site and believe the most effective approach to improving accuracy of flow data is to install a demonstration FIo-Dar flaw measurement unit which calculates the flow based on water depth and velocity using radar technology. If this demonstration unit proves to be effective, a permanent installation will be designed to measure the flow through the existing flume. This approach will provide significant savings to the City by avoiding the cast of constructing a new flume and extending the outfall line to maintain the recornrnended distances from a flow measurement flume to ensure accurate data. The test of the demonstration unit is proposed to begin in November and continue long enough to test the accuracy of the instrument in this application as flows drop in the creek during the winter season. The low flows are anticipated to occur in February or March. Data will be collected regularly during this four to five month period. If the demonstration unit does not provide accurate reading within 3 percent to 5 percent, then a new flume will be designed to meet City needs. p:1wp\proposalslfy0'71~nunicipa1~051364 mexidianitlow meastrre~nent revised ltrprop 11-07-06.doc E n a i r a n m e n r a l E n g i n e e r s e!* C o n s u! t a n t s Mr. Len Grady ®ctober 19, 2006 Page 2 SCOPE O.F WDRS TASK Y INSTALLATION AND EVALUATION OF FLO-DAR MEASUREMENT INSTRUMENT This task includes installing a temporary demonstration meter manufactured byMarsh-McBirney over the existing flume structure in Five Mile Creek far a period of approximately five months (November 2006 through March 200. During this time data will be collected and the calibration checked each month by a hand held instrument typical for measuring stream flows. After this period, the temporary meter will be removed and a report will be written to present the findings. TASK 2 IlViPLEMENTATION OF FLO-DAR FLOW MEASUREMENT INSTRUMENT (TffiS TASK IS DEPENDANT UPON THE SUCCESS OF THE TASK 1. DEMONSTRATION} This task includes the design of a permanent installation of aFlo-Dar meter above the existing flume structure. Design will include all electrical, instrumentation and mounting drawings along with purchase specifications for the unit and ancillary items far a complete installation. In our cost estimate it was assumed that the existing communications network for the existing flow measurement device can be reused for this retrofit. This task also includes construction assistance during the purchase and installation of this equipment. TASK 3 FLUME AND OUTFACE EXTENSION DESIGN This task will only occur if the demonstration results in Task 1 are unsuccessfizl. The work will include the desiga necessary to construct a new flume and relocate the outfall line to maintain proper distances from the flow of the convergent stream flows and ensure accurate flow measurements from the flume. Work will include all necessary civil, structural, electrical and I~cC design •for a complete system. Work will also include the necessary Idaho Department of Environmental Quality and Corps of Engineer permits for work in the creek as well as construction support services. We recommend performing Task 1 before providing a detailed estimate for this task since, in all likelihood, a new flume and outfall will not required. Far planning purposes, a design fee of $70,000 to $100,000 is estimated for the level of effort necessary to complete this design. ESTIMATED BUDGET AND P.itOPOSED SCHEDULE Brawn and Caldwell proposes conducting this work on atime-and-materials basis with a multiplier of 3.2 applied to our direct labor rates and a 10% mark-up on materials and supplies used as part of this effort. Brown and Caldwell will initiate the project upon your approval to proceed. The following presents the project costs and schedule on a per task basis: p:ia+p\pmposalslt'y071municips11051364 metidiaa\flow measuremenE revised Itr prop 11-07-06.doc .. ~. Mr. Len Grady October 19, 2006 Page 3 Task Amoant Com letion Date Notice to Proceed October 30, 2006 Task 1 Evaluation of New Flow Instrumentation $8,000 March 31, 2007 Task 2 lementation of New Flow Instrumentation $25,000 May 31, 2007 Task 3 Flume and Outfaii Extension Desi TBN~` TBN* '~'1'o be negotiated For your convenience, we have prepared this proposal in the form of a Letter Agreement to be performed under the attached Terms and Conditions (Attachment A). Should you desire to begin this work immediately, please sign both copies of this Letter Agreement Proposal and return one copy to 600 East Riverpark Lane, Suite 210, Boise, Idaho 83706. The other copy is for your files. Any questions concerning this proposal should be directed to Mr. Dean Smith at {208) 336-1340. Very truly yours, BROWN AND CALDWELL Mark E. Gagno Office Manager ACCEPTED BY THE CITY OF MERIDIAN Signature: Printed Name: Title: Date: Dean P. Smith, P.E. Principle Engineer MEG:kw Attachments p:iwplproposals\fy071monicipal\U51364 meridian\llow messwemeat r~wised Itrprop 11-07-06.~loc ~ i ATTACHMENT A Brown and Caldwell/Client Standard Terms and Conditions I. SCOPE Brown and Caldwell (BCC: agrees to perform the services described in the scope of work attached hereto which incorporates these texrns and conditions. Unless modified in writing by the parties hereto, the duties of BC shall not be construed to exceed those services specifically set forth in the roposaL These terms and conditions and the proposa~ when executed by C~iient, shall constitute a binding agreement on both parties (hereinafter the °Agreement'~. II. COMPENSATION CYierit agrees to pay for the services in Article I in accordance with the compensation provisions in the proposal P to BC will be made within 30 days after the date of b~lir~ig. tlnterest on the unpaid balance wdl accrue begiruring on the 31st day at the maximum interest rate pernutted bylaw: Time-related charges will be made in accordance with the billing rate referenced in the proposal or Agreement. Direct expenses and Subcontractor sernces shall be billed in accordance with the proposal or compensation exhibit attached to this Agreement. Otherwise, BC's standard billing rates shall apply. In the event any uncontested portions of any invoice are not paid within 30 days of the date of Consultant's invoice, Consultant shall have the right to suspend work per Article XIV, Suspension of Work III. RESPONSIBILITY STANDARD OF CARE. BC is employed to render a professional service only, and any payments made by Client are compensation solely for such services rendered and recomia~ndations made in carrying out the Work BC shall perform the services in accordance with generally accepted engineering practices and standards in effect when the services are rendered BC does not expressly or impliedly warrant or guarantee its services. In performing construction management services, BC shall act as agent of Client BCs revtew or supervision of work prepared or performed by other individuals or firms employed by (dent shaIl not relieve those individuals or fnms of complete responsibility for the adequacy of their work The presence of BC's personnel ac a construction site, whether as on site representative, resident engineer or construction manager, shall be for the sole purpose of determining that the work is generally proceeding in conformance with the intent of the project specifications and contract documents and does not constitute any form of guarantee or assurance with respect to contractors performance. BC shall have no responsibiliry for the contractor's means, methods, techniques, sequences, for safety precautions and programs incident to the contractors work, or for any failure of contractor to comply with laws and regulations applicable to performing its work RELIANCE UPON INFORMATION PROVIDED BY OTHERS. If BCs ppeerforms»rp of services hereunder requires BC to rely on information provided by other parries (excepting BC's subcontractors), BC shaII not independent verify the validity, completeness or accuracy of information unless atherwrse expressly engaged to do so in writing byClient Iv INDEMNIFICATION BC agrees to indemnify, defend, and hold Client harmless from and against any liabilityto the extent arising out of the negligent acts, errors or omissions of BC; its ageats, em loyees, or representatives, in the perforznauce of duties under the Agreement. Regardless of any other term of this t, in no event shall BC be nsible ar liable to ent for any incidental, consequen~or other indirect damages. V. INSURANCE BC shall maintain doting the life of the Agreement the following minimum insurance: 1. Comtnerzial general liability insurance, includinng personal injury liabi7t'ry, blanket contractual liability and broad form prope~ damage liability. The combined single limit for bo ' y injury and property damage shalt be not less than $1,000,000. 2. Auitomobile bodily injury and property damage liability insurance covenng owned, non owned, rented, and hired cars. The combined single limit for bodily injury and property damage shall be not less thaw $1,000,000. 3. Staturtory worker's compensation and employees' liabe7ity insurance as required bystate law: 4. Professional liability +*+~~*a*+ce wrth limtts of not kss than $1,000,000. Client shall be named as additional insured on polices 1 and 2 above. Upon request, a certificate of insurance will be provided to Client with a 30-day written notice in the event the above policies are cancelled VI. SUBCONTRACTS BC shall be entitled, to the extent determined to be tippropiiate by BC, to subcontract any portion of the Work to be performed underthis Agreement VII. ASSIGNMENT If the authorized scope of work includes construction activities or the oversight of construction, BC may, at its p:lwp\proposals\fyo7Municipa1~o51364 meridianlflow measurement revised !tr prop 11-Q7-06.doc CL-L-TC (March 15, 2005) Page 1 of 3 __ _ i r Brown and Caldwell/Client Standard Ternxs and Conditions (cont} discretion and upon notice to Client, assign all of its contractual rights and obligations with respect to such activities or services to Brown and Caldwell Constructors, its wholiyowned affiliate. If the authorized scope of work requires professional services to be performed in a jurisdiction in which BC tenders professional services solely through a locally registered engineering affiliate for purposes of compliance wrth professional licensing .requirements in that jurisdiction, BC may, in its discretion, upon notice to Client, assign its contractual rights and obligations with respect to such services to such locally registered engtrteering affiliate. VIII. INTEGRATION These teens and conditions and the proposal to which they are attached represent the entire understanding of Client and BC as to those matters contained herein. No pror oral or written understanding shall be of anyforce or effect with respect to those matters covered herein. The Agreement may not be modified or altered except in writing signed by both parties, provided further that any terms and conditions in a~ client authorization or purchase order issued in connection or under the Agreement which are inconsistent with the Agreement are hereby superseded and shall be of no force and effect. Ix CEIOICE OF LAW/JURISDICTION This Agreement shall be administered and interpreted under the laws of the state in which the BC office responsible for the project is located. Jurisdiction of litigation arising from the Agreement shat! be in that state. X SEVERABILITY If any part of the Agreement is found unenforceable under applicable laws, suchpart shall be inoperative, null and void insofar as it is in cortfkct with said laws, but the remainder of the Agreement shall lac in full force and effect. XI. FORCE MAJEURE BC shall not be responsible far delays in performing the scope of services that may result from causes beyond the reasonable control or contemplation of BC BC wi[1 take reasonable steps to mitigate the impact of anyforce majeure. XII. NO BENEFIT FOR THIRD PARTIES The services to be performed by BC hereunder are intended solely for the benefit of Client, and no right nor benefit is conferred on, nor any contractual relationship intended or established with any person or entity not a party to this Agreemment. No such person or entity shall be entitled to rely on BC's performance of its services hereunder. XIII. WORKPRODUCT BC and Client recognize that BC's work product submitted in performance of this Agreement is intended only for the Client's benefit and use. Change, alteration, or reuse on another project by Client shall be at Client's sole risk, and Client shall hold harmless and indemnify BC against aU losses, damages, costs and expense, including attorneys' fees, arising out of or related to arty such unauthorized change, alteration or reuse. XTV. SUSPENSION OF WORN Work under this Agreement maybe suspended as follows: 1. B 'e By written notice to BC, Client may suspend alI or a portion of the Work under this Agreement it unforeseen circumstances beyond Client's control make normal progress of the Work impracticable. BC shall be compensated for its reasonable expenses resist' from such suspension including mobilization and de-mobilization. If suspension is greater than 30 days, then BC shall have the right to terminate this Agreement in accordance with Article XV, Termination of Work 2. ~y BG By written notice to Client, BC may suspend the Work if BC reasonably determines that working conditions at the Site {outside BCs control) are unsafe, or in violation of applicable laws, or in the event Client has not made timelypayment in accordance with Article II, Compensation, or for other circumstances not caused by BC that one interfering with the normal progress of the Work BCs suspe ion of Work hereunder shall be without prejudicemto any other n.medyof BC at lawor equity. XV. TERMINATION OF WORK This Agreement maybe terminated as follows: 1. Chen (a for its co~enience on 30 days' notice to BC, or (b} for cause, if BC materially breaches this Agreement through no fault of Client and BC neither cures such material breach nor makes reasonable progress toward cure within 15 days after Client has given wntten notice of the alleged breach to BG 2. ABC (a} for cause, if Client materially breaches this Agreement through no fault of BC and Client neither cures such material breach nor makes reasonable progress toward cure within 15 days after BC has given wntten notice of the alleged breach to Client, or (b) upon five days' notice if Work under this Agreement has been suspended by either Client or BC in the aggregate for more than 30 days. 3. Payment upon Terrnination.In the event of termination, BC shall perform such additional work as is reasonably necessary for the orderly closing of the Work BC shall be compensated for all work performed prior to the effective date of termination, plus work required for the orderly closing of the Work XVI. NOTICES All notices required under this Agreement shall be by personal delivery, facsimile or mai! to the BC Protect Manager and to the person si the proposal on behalf of the Client, and shall be e1~ a upon delivery to the addressed stated in the proposal p:\wp~pmposals\fy071municipal1051364 meridianlnow masurement revised Itr prop 11-07-06.d~ CI.-L-TC (March 15, 2005} Page z of 2 • • November 3, 2006 MERIDIAN CITY COUNCIL MEETING November 8, 2006 APPLICANT ITEM NO. S-O REQUEST Water Main Easement Agreement for Valley Shepherd Church by Valley Shepherd Church of the Nazarene AGENCY CITY CLERK: CITY ENGINEER: See alfachred CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • ADA COUNTY RECORDER J. DA~IVARRO AMOUNT .00 6 BOISE IDAH011/ZOI06 12:10 P DEPUTY OailQarretl `~II"„I~~II"'III'~"I'I'~~~Ill~lf RECORDED ~ REQUEST OF i,g~, i ~~~~~ Merldfan Ciry ~~ -^ 'WATER MAYN EASEMENT THIS INDENTURE, rn.ade this ~~ay of October, 2006 between Valley Shepherd Church of the Nazarene, 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 water main right-af--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an under~cound pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from tame to tame 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 a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line 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 crud easement and right-o£ way unto the said Grantee, it's successors and assigns forever. TT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the C_rrantee, in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described an this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Water Main Easement Page 1 EASMT.WTR 2.doc • any permanent structures, Large trees or brush within the azea described for this easement, which would intcrfcrc vuith the use of said easement, for the purposes stated herein. TI-IE 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 #irst herein above written. Je D. Johnson STATE OF IDAHO ) ss County of Ada ) On this 1 t~day of October, 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Jerald D. Johnson, known or identified to me to be the President, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. V ~~.~~~ r •$~. o~ °~ NO Y F AHO a ~~~~ ,e Resi 'gat: ~ ,~ ~ ~. 1''C~'E~~G O ~g Commission Expires: 44t ~~!~ QF lt?A•~~ water Main Easement Page 2 EasMT.wrR 2.doc P.~~ • Approved by Council on STATE OF IDAHO, ) . 5S. County of Ada, ) h On this ~~~day of ~~~~ r Z~~ ,200 ,before me, the undersigned, a Notary Public in anal for the State of Idaho, personally appeared Tammy de Weerd and William G. Berg, Jr., known to nae to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to the within instavment 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. SEAI. Notary Public for Idaho Residing at: `~?'J,Q ~~DG4 ~c~ My Commission Expires: /G~- j~ /„/ CXTY OF MERIDIAN • EXHIBIT "A" A 20 foot wide Water Line Easement over, under and across a parcel of land situated in a portion of the NE1/4 of the SE1/4 of Section 24, Township 3 North, Range 1 West, poise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at an aluminum cap monument marking the SE corner of said Section 24, thence along the East line of said Section 24 N00°39' 10"E a distance of 1330.33 feet to a S/8 inch rebaz marking the SE comer ofsaid NEl/4 of the SEl/4, from which an aluminum cap monument marking the NE corner of said NEl/4 of the SE1/4 Dears N00°39' 10"E a distance of 1330.56 feet, thence along the South line of said NE1/4 of the SE1/4 N89°24'54"W a distance of 461.65 feet to a point marking the POINT OF BEGINNING; Thence leaving said South line N03°33'41"W a distance of 236.68 feet to a paint; Thence N00°31'57"W a distance of 373.73 feet to a point; Thence S89°31'55"W a distance of 162.28 feet to a point; Thence N00°02' 13"W a distance of 400.03 feet to a point; Thence N89°34'37"W a distance of 163.58 feet to a point; Thence N00°45'45"E a distance of 20.00 feet to a point; Thence S89°34'37"E a distance of 287.66 feet to a point; Thence S45°02' 13"E a distance of 106.23 feet to a point; Thence N89°25'27"E a distance of 17.22 feet to a point; Thence N00°34'00"E a distance of 15.01 feet to a point; Thence S89°26'00"E a distance of 20.00 feet to a point; Thence S00°34'00"W a distance of 14.61 feet to a point; Thence N89°2S'27"E a distance of 17.76 feet to a point; Thence N44°24'08"l; a distance of 25.99 feel to a point; Thence S45°35'S2"E a distance of 20.00 feet to a point; Thence S44°24'08"W a distance of 34.28 feet to a point; Thence S89°25'27"W a distance of 9.72 feet to a point; Thence S00°34'33"E a distance of 18.56 feet to a point; Thence N89°46'36"W a distance of 20.00 feet to a point; Thence N00°34'33"W a distance of 18.28 feet to a point; Thence S89°25'27"W a distance of 41.96 feet to a point; Thence N4S°02' 13"W a distance of 106.44 feet to a point; Thence N89°34'37"W a distance of 96.01 feet to a point; Thence S00°02' 13"E a distance of 379.72 feet to a point; Thence N89°31'SS"E a distance of 152.15 feet to a point; Thence N89°57'36"E a distance of 323.88 feet to a point; Thence N46°27'59"E a distance of 16.12 feet to a point; Thence S43°32'01"E a distance of 20.00 feet to a point; Thence S46°27'59"W a distance of 24.10 feet to a point; Thence S89°57'36"W a distance of 321.73 feet to a paint; Thence S00°31'57"E a distance of 373.11 feet to a point; 0056140.04 Water line Easement 091406 Page 1 of p Thence S03°33'41"E a distance of 179.$6 feet to a point; Thence S$9°24' Z 1 "E a distance of 244.40 feet to a point; Thence S00°35'39"W a distance of 39.85 feet to a point on the North right-of--way line of W. Maestra St; Thence along said Narth right-of--way line and along the arc of a curve to the left having a radius of 207.00 feet, an arc length of 20.03 feet, a central angle of 5°32'40" and a chord bearing S87°48'46"W a distance of 20.02 feet to a point; Thence leaving said North right-of--way line N00°35'39"E a distance of 20.82 feet to a point; Thence N89°24'21"W a distance of 22295 feet to a point; Thence S03°33'41"E a distance of 37.69 feet to a point on said North right-of--way line; Thence along said North right-of--way line N89°24'S4"W a distance of 20AS feet to the PO]NT OF BEGINNING. Said easement contains 45,822 square feet or 1.05 acres more or less and is subject to all existing easements and orrights-of--ways of record or implied. Attached hereto is "Exhibit B" and by this reference is made a part hereof. 0056140.04 Water line Easement 091406 p ge 2 of EXHIBIT "B" T~ATER LINE EASE_NiE1Vm A PORTION OF THE NEl/4 OF THE SEl/4 OF' SECTION 24 TOKNSHIP 3 NORTH. RANGE 1 REST, HOISE MERIDIAN CITY OF MERIDIAN. ADA COUNTY, IDAHO 2009 BEAR CR\ ~ N00'45'45"E SU9DIVISION NO., 6 ~ X23.79' ,1589'34'37"E 287.65' ~ 545'02'13"E _ 1 oe.z3' ~ N 9'34'37°W 163.58' 89'34'37"W `"1'N00'45'45"E 96.0 . .+ '~ 20.00' N45 02 13"W 108.44' 1 ~, ..~ 1 I SEE QE_TA~IIL A/° I ~ ~ IU~..__l.. n v 1 `y 1 .'~ ;~~ r fV OI I~ LEGEND " ~ -^^ 80UNDARY L1NE LOT LINE ~^ EASEMENT LINE - ~ - SECTION LINE Q FOUNO 5/8' REBAR O FOUND 1/2" REBAR O CALCULATED POINT ® FOUND ALUMINUM CAP cuRVE rA~L~ CURVE RADIUS LENGTH DELTA TANGENT CHORD DIR CHORD CI 20700' 20.03 5' 2'40' 1 .0 ' T48'4 '111 20.02' nece". x~sw ~I n - ~ ~ ~ ~ ~ N46'27'S9"E• 1 N89'31'S5"E 15Z.15~ N89'S7'36"E 323.88`~18't2~ 1 _°~~' S89'31'S9"YV 162.2 ~~589l I g7'j j "W 321-73'~ 1 ~ I 1 1 1 l ~ 3'32'01 "E 27'S9"W - ~ z ~ ~~ 24., D' c ~ a ~ ~ ~INm~ "~ ri I' ~' \ I l r7 l/1 W 1 ~ ~ ~ 500'34'DO"W ~ ~ ~ ~ 1 ~I ^ / 589'26'00"E 14.61' \ \ ~ ~ ~ ~ ,:~ u~ r1 ° / 20.00 ~N00'34'00°E 15 01' N44'24 08 E 25.99' Sys ~ `~ o l ~ ~ . ' ` 2Q s- ~ s ' 1 1 , ' ~ ~ N89'25 27 E 17-22' ~p: ~ F ~ ~ -~~' ~ 0 '/ ~~r~'R ` O '>~' ~ ~ N89'25'27"E ' ti~~ye R - 1 ~j - 1 ~ \ 17.76 yy, gA / U-S89'25'27'W ~ 4 ` 41.96' S89'25'27°W ' " ` ' 9 72' O,g OGf p4 ~ ~ a N00'34 W 33 ' ' ' ' . ~ ~ Q '"jrf ~ ~ m ~` ° n N89 48 38 W / \ 18.28 \ 20,00' 500'34'33"E/ 1 ~ F ~~ ~~ 1 ~~ N ~ ( r ~ 18.56f // I d F M " ;~ I o DETAIL A NTS 1 1 '~ Ff ° ~ s 900'35'39 "W 1 589'24'21_E 244-40' 39.85' 1 N89'24'S4"W w ` _ 20.05' STRATA BELLISIMA SUBDMSiON NO. 1 'DATE EXHB~B P9~-`2D_a DRAWN BY: SCALE: 1'01$0' N89 24 21 "W 222.95 I N00'35'39_ ,E 2g.$2' t N89'24'S4"VY 4481.85' ~ ~ ~ ~{~~ 51 /18 CORNER $03'33'41 "E 37.69' ~, ~Li'S1`]~ $'j` h~SEC. 24 _~ 24 19 75 i0 VALLEY SHEPHERD CHURCH wa-r~r-a E=a~.~M ENT OLANOE7' AOOKM,ELI. da A88001ATEB E 1/4 CORNER SEC. 24 (~ 4 City of Meridian Public Works Dept. ac~ '~p `.y ~A 1f~]{ ~ E L g ~N'~~i Memo 'Vo: Mayor De Weerd & City Council from: Karie Glenn CC: File ®ate: 11 /2/2006 Ite: Proposed Agenda Items for 11/8/06 City Council Meeting ~~t~ ~~ i~~~~~~~ ~;~,~ ~1~~~ ~~~~~ The Public Works Departrnent respectfully requests that the followring items be placed on the 11/8/06 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Valley Shepherd Church. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Valley Shepherd Church and authorize the Mayor to sign and City Clerk to attest. 2) Sanitary Sewer and Water Main Easement for Valley Shepherd Church. Typical Sanitary Sewer and Water Main Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Valley Shepherd Church and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. o Page 1 • WATER MAIN EASEMENT THIS INDENTURE, made this ~ t 'day of October, 2006 between Valley Shepherd Church of the Nazarene, 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 water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline 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 a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line 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 the Grantee, in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Water Main Easement Page 1 EASMT.WTR 2.doc • any permanent structures, .large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. 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. Je D. Johnson STATE OF IDAHO ) ss County of Ada ) On this ~~~day of October, 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Jerald D. Johnson, known or identified to me to be the President, respectively, of the corporation that executed the. within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~~ ~.. ~I~o~o . a ® A NO Y ~ AHO 0 ®~ ~ ~ ® .~ Residing at: ~ ~~~ ~~ Commission Expires: 6 ~~ OF ~~~®a®~ Water Main Easement Page 2 EASMT.WTR 2.doc ! • EXI-IIBIT "A" A 20 foot wide Water Line Easement over, under and across a parcel of land situated in a portion of the NE1/4 of the SE1/4 of Section 24, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at an aluminum cap monument marking the SE corner of said Section 24, thence along the East line of said Section 24 N00°39' 10"E a distance of 1330.33 feet to a 5/8 inch rebar marking the SE corner of said NE1/4 of the SE1/4, from which an aluminum cap monument marking the NE corner of said NE1/4 of the SEl/4 bears N00°39' 10"E a distance of 1330.56 feet, thence along the South line of said NE1/4 of the SEl/4 N89°24'54"W a distance of 461.65 feet to a point marking the POINT OF BEGINNING; Thence leaving said South line N03°33'41"W a distance of 236.68 feet to a point; Thence N00°31'57"W a distance of 373.73 feet to a point; Thence S89°31'55"W a distance of 162.28 feet to a point; Thence N00°02' 13"W a distance of 400.03 feet to a point; Thence N89°34'37"W a distance of 163.58 feet to a point; Thence N00°45'45"E a distance of 20.00 feet to a point; Thence S89°34'37"E a distance of 287.66 feet to a point; Thence S45°02' 13"E a distance of 106.23 feet to a point; Thence N89°25'27"E a distance of 17.22 feet to a point; Thence N00°34'00"E a distance of 15.01 feet to a point; Thence S89°26'00"E a distance of 20.00 feet to a point; Thence S00°34'00"W a distance of 14.61 feet to a point; Thence N89°25'27"E a distance of 17.76 feet to a point; Thence N44°24'08"E a distance of 25.99 feet to a point; Thence S45°35'52"E a distance of 20.00 feet to a point; Thence S44°24'08"W a distance of 34.28 feet to a point; Thence S89°25'27"W a distance of 9.72 feet to a point; Thence S00°34'33"E a distance of 18.56 feet to a point; Thence N89°46'36"W a distance of 20.00 feet to a point; Thence N00°34'33"W a distance of 18.28 feet to a point; Thence S89°25'27"W a distance of 41.96 feet to a point; Thence N45°02' 13"W a distance of 106.44 feet to a point; Thence N89°34'37"W a distance of 96.01 feet to a point; Thence S00°02' 13"E a distance of 379.72 feet to a point; Thence N89°31'55"E a distance of 152.15 feet to a point; Thence N89°57'36"E a distance of 323.88 feet to a point; Thence N46°27'59"E a distance of 16.12 feet to a point; Thence S43°32'01"E a distance of 20.00 feet to a point; Thence S46°27'59"W a distance of 24.10 feet to a point; Thence S89°57'36"W a distance of 321.73 feet to a point; Thence S00°31' S7"E a distance of 373.11 feet to a point; 0056140.04 Water line Easement 091406 Page 1 of 2 • Thence S03°33'41 "E a distance of 179.86 feet to a point; Thence S89°24'21"E a distance of 244.40 feet to a point; Thence S00°35'39"W a distance of 39.85 feet to a point on the North right-of--way line of W. Maestra St; Thence along said North right-of--way line and along the arc of a curve to the left having a radius of 207.00 feet, an arc length of 20.03 feet, a central angle of 5°32'40" and a chord bearing S87°48'46"W a distance of 20.02 feet to a point; Thence leaving said North right-of--way line N00°35'39"E a distance of 20.82 feet to a point; Thence N89°24'21"W a distance of 222.95 feet to a point; Thence S03°33'41"E a distance of 37.69 feet to a point on said North right-of--way line; Thence along said North right-of--way line N89°24'54"W a distance of 20.05 feet to the POINT OF BEGINNING. Said easement contains 45,822 square feet or 1.05 acres more or less and is subject to all . existing easements and orrights-of--ways of record or implied. Attached hereto is "Exhibit B" and by this reference is made a part hereof. 0056140.04 Water line Easement 091406 Page 2 of 2 EXHIBIT "B" WATER LINE EASEMENT A PORTION OF THE NEI/4 OF THE SEI/4 OF SECTION 24 T0IINSHIP 3 NORTH. RANGE 11PEST, BOISE MERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDAHO 2008 BEAR CR\K ~ N00'45'45"E SUBDIVISION NO~ O ~i 3.79' ~~ S89'34'37°E 287.66' ~ S45'02'13°E 106.23' ~N89'34'37"W 163.58' 89'34'37 I-N00'45'45`E 96.0 , i - ~ 20.00' JJ// ~ N45 02 13"W ~ I ' ~ 106.44' N, E 1/4 CORNER SEC. 24 1 3'32'01 `E 20.00' A I ' ~ C9 Q 27'59"W ~ Z ~ \ ~ 24.10' I~Qa j N8n9'31'55"E 152.15'_ N89'S7'36°E 323_88' 16'12 C IS89'3- 1'S5"W 162.28' CS89'57'36"W 321.73' ~ ll 11 ~ LEGEND - - - - BOUNDARY UNE LOT LINE EASEMENT LINE SECTION LINE OO FOUND 5/8" REBAR O FOUND 1/2" REBAR D CALCULATED POINT ® FOUND ALUMINUM CAP CURVE TABLE CURVE RADIUS LENGTH DELTA TANGENT CHORD DIR CHORD Cl 207.00' 20.03 5'32'40" 10.02' S8T48'46"W 20.02' ~~ ~ i ~~ SEE DETAIL °A" j+j N O r z~ i M^j v~ I M~ r¢w r N O IN I v \ .. F8 Y N89'24'S4°W 20.05' ~i ~; ~ ICI M 3li ~n MI o~ 0 •z ~ ~ ~i ~I co N STRATA BELLISIMA SUBDMSION N0. 1 EXHB-B OA09-20-06 DRAWN BY: PAK 1 °=150' o~ w ~ ~.- L~ ~. n o~A "~ ~ S00'34'00"W \ ~ N I~W„~ ~ 589'26'00"E 14.61' ~ \ , Z m ~-, .n / 20.00' N44'24'08'E "~ ~N00'34'00"E 25'99 SAS ~ ~ 15.01 ' `~~ ~`sS K N89'25'27"E ~ '~p,2-. 17.22' ~j F ` I /~ ~ \ N89'25'27"E ~y~ ti~ 1 \ 17.76' ~~a .y~ \ a--S89'25'27"W 41.96' S89'25'27"W / otOO, ` N00'34'33"W 9.72 °' ~ 18.28' N89'46'36"W / Iw ~ 20.00' 500'34'33"E/ \ \ 18.S6f d. / Nn1 \ ~ ~. ~ ~ / I o DEra~ "A" ~ NTS S89'24'21_E 244.40' 500'35"39"W ' 39.85 I N89'2 21 "W 222.95 ' ' ° ' . N00 35 39 E 20.x 1 ~ - ~ ~ N89'24'S4"W 461.65' O S1/16 CORNER 503'33'41 "E 37.69' y~, MAESTRA ST. SEC. 24 C o > M n _ 24 25 19 30 VALLEY SHEPHERD CHURCH Y1NN~C;LE WATER E A^~ E M ENT Engineers, Inc. 1ZlS2 k FamIW b, BWM 8, Bob,, Mdq O LANCEY ROCKWELL Ae ASSOCIATES ~~ (200J 00'l-7100 f~ City of Meridian Public Works Dept. ~~~ ~ ~ma~ ~a =, Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 11 /2/2006 Re: Proposed Agenda Items for 11/8/06 City Council Meeting ~~~ud ~~ ir~i~r~~a~~ ~at;y ~lr~k, ~~~ The Public Works Departrnent respectfully requests that the following items be placed on the 11/8/06 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Valley Shepherd Church. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Valley Shepherd Church and authorize the Mayor to sign and City Clerk to attest. 2) Sanitary Sewer and Water Main Easement for Valley Shepherd Church. Typical Sanitary Sewer and Water Main Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Valley Shepherd Church and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 • • WATER MAIN EASEMENT THIS INDENTURE, made this ~ l 'day of October, 2006 between Valley Shepherd Church of the Nazarene, 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 water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline 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 a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line 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 the Grantee, in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Water Main Easement Page 1 EASMT.WTR 2.doc • any permanent structures, ,large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. 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 yeaz first herein above written. Je D. Johnson STATE OF IDAHO ) ss County of Ada ) On this ~~day of October, 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Jerald D. Johnson, known or identified to me to be the President, respectively, of the corporation that executed the. within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I-have hereunto set my hand and affixed my official seal the day and year first above written. ~~°~ L. ~t~tl~~o~o ~~, °°®®®m ~.~ °®® 0® ®~ ~' `'~ NO Y ~ AHO ~ ®~m m ~~ ®~ Residing at: ~ ~, ~~78 ~~ ~°~ ~0® Commission Expires: 6 ~~ OF ~~~g~®~ Water Main Easement Page 2 EASMT. WTR 2.doc EXI-IIBIT "A" A 20 foot wide Water Line Easement over, under and across a parcel of land situated in a portion of the NEl/4 of the SEl/4 of Section 24, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at an aluminum cap monument marking the SE corner of said Section 24, thence along the East line of said Section 24 N00°39' 10"E a distance of 1330.33 feet to a 5/8 inch rebar marking the SE corner of said NE1/4 of the SE1/4, from which an aluminum cap monument marking the NE comer of said NE1/4 of the SEl/4 bears N00°39' 10"E a distance of 1330.56 feet, thence along the South line of said NEl/4 of the SE1l4 N89°24'54"W a distance of 461.65 feet to a point marking the POINT OF BEGINNING; Thence leaving said South line N03°33'41"W a distance of 236.68 feet to a point; Thence N00°31'57"W a distance of 373.73 feet to a point; Thence 889°31'55"W a distance of 162.28 feet to a point; Thence N00°02' 13"W a distance of 400.03 feet to a point; Thence N89°34'37"W a distance of 163.58 feet to a point; Thence N00°45'45"E a distance of 20.00 feet to a point; Thence 889°34'37"E a distance of 287.66 feet to a point; Thence 845°02' 13"E,a distance of 106.23 feet to a point; Thence N89°25'27"E a distance of 17.22 feet to a point; Thence N00°34'00"E a distance of 15.01 feet to a point; Thence S89°26'00"E a distance of 20.00 feet to a point; Thence S00°34'00"W a distance of 14.61 feet to a point; Thence N89°25'27"E a distance of 17.76 feet to a point; Thence N44°24'08"E a distance of 25.99 feet to a point; Thence 845°35'52"E a distance of 20.00 feet to a point; Thence 844°24'08"W a distance of 34.28 feet to a point; Thence 889°25'27"W a distance of 9.72 feet to a point; Thence S00°34'33"E a distance of 18.56 feet to a point; Thence N89°46'36"W a distance of 20.00 feet to a point; Thence N00°34'33"W a distance of 18.28 feet to a point; Thence 889°25'27"W a distance of 41.96 feet to a point; Thence N45°02' 13"W a distance of 106.44 feet to a point; Thence N89°34'37"W a distance of 96.01 feet to a point; Thence 800°02' 13"E a distance of 379.72 feet to a point; Thence N89°31'55"E a distance of 152.15 feet to a point; Thence N89°57'36"E a distance of 323.88 feet to a point; Thence N46°27'59"E a distance of 16.12 feet to a point; Thence 843°32'01"E a distance of 20.00 feet to a point; Thence 846°27'59"W a distance of 24.10 feet to a point; Thence S89°57'36"W a distance of 321.73 feet to a point; Thence 800°31'57"E a distance of 373.11 feet to a point; 0056140.04 Water line Easement 091406 Page 1 of 2 ! • Thence S03°33'41 "E a distance of 179.86 feet to a point; Thence S89°24'21"E a distance of 244.40 feet to a point; Thence S00°35'39"W a distance of 39.85 feet to a point on the North right-of--way line of W. Maestra St; Thence along said North right-of--way line and along the arc of a curve to the left having a radius of 207.00 feet, an arc length of 20.03 feet, a central angle of 5°32'40" and a chord bearing S87°48'46"W a distance of 20.02 feet to a point; Thence leaving said North right-of--way line N00°35'39"E a distance of 20.82 feet to a point; Thence N89°24'21 "W a distance of 222.95 feet to a point; Thence S03°33'41"E a distance of 37.69 feet to a point on sand North right-of--way line; Thence along said North right-of--way line N89°24'54"W a distance of 20.05 feet to the POINT OF BEGINNING. Said easement contains 45,822 square feet or 1.05 acres more or less and is subject to all existing easements and or rights-of--ways of record or implied. Attached hereto is "Exhibit B" and by this reference is made a part hereof. 0056140.04 Water line Easement 091406 Page 2 of 2 EXHIBIT "B" WATER LINE EASEMENT A PORTION OF THE NES/4 OF THE SE1/4 OF SECTION 24 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN CITY OF MERIDIAN, ADA COIINTY, IDAHO 2008 BEAR CR\K ~ N00'45'45"E SUBDIVISION NO. 6 ~ o _ 23.79' _ _ _ \l 0 S45'02'13"E _S89'34'37°E 287.66' 1 D6.23' ~~ N89'34'37"W 163.58' N89'34'37"'N 'I'N00'45'45"E ~ 96.01' ~ - ~ 20.00' ~ - I I ~ N45 02 13"W ~ I 106.44' I 1 SEE DETAIL "A" I N1 N QII / O n IlS l _ 07 O ~ ~ I w ^I r I .~ ~•.~~ N O ~ Ifn Z ~I ~~ ~ o n e N8I 9'31'55"E S89'31'5//5"W 1 /~ ~ 1"~ ~/~ +~Gf T~~~ N. ~~~ N89'24'S4°W - __ __ __20.05' - STRATA BELLISIMA SUBDIVISION NO. 1 DATE E 1/4 CORNER SEC. 24 I I I 1 1 3'32'01 "E 20.00' A 1 '~~~ 27'59"W ~ Z ~ 24.10' I~a~ t0 ^ O O 1 ~ NmZ ff 1 „°t- W LL, ~ I^ i ' ~~ I ~I~~a M ~ S00'34'00"W ~ ~ ~,W `" ~ 589'26'00"E 14.61' ~ ~ Z m /r ~ 20.00' N44'24'OS'E ~ "~ ~N00'34'00"E 25.99 b`RS ~ ~ 15.01 ' ~20 `TS• K N89'25'27"E ~;52-- - 17.22' F 0 ' N89'25'27°E ~y~ ,y0 ` ~ 17.76' y~~ .y~ / L, \ S89'25'27°W CC 41.96' 589'25'27"W atOO, ` N00'34'33"W 9.72' O1 ~ 18.28' N89'46'36"W I w ~ 20.00' 500'34'33"E/ ~~ 1 if h DEraL "A" N NTS S89'24'21_E 244.40' S00'35'39"W 1 39.85' N89'24 21 "W 222.95 _ I N00'35'39°E 20.$2' 1 - --I -~89'24'S4"W 461.65' '-~VJS1/16 CORNER S03'33'41 °E 37.69' yo, MAESTRA ST. ~~~ SEC. 24 0 M 24119 - - 25 EXHB-B DRPW~N BY: VALLEY SHEPHERD CHURCH SCALE: 1°=1 SO' - ~/ A T E R E A S. E N7 E N T N ' OLANCEY ROCKWELL Ac ASSOCIATES f'(1SR1 d/1 AA LEGEND - - - - BOUNDARY UNE lOT LINE EASEMENT LINE - - SECTION LINE QO FOUND 5/8" REBAR O FOUND 1/2" REBAR ~ CALCULATED POINT ® FOUND ALUMINUM CAP CURVE TABLE CURVE RADIUS LENGTH DELTA TANGENT CHORD OIR CHORD Cl 207.00' 20.03 5'32'40" 10.02' SBT48'46"W 20.02' r"r'. s~ ®® N46'27'59"E~ 152.15'_ N89'S7'36°E 323.88' 16'12 _ -~C 62.28' CS89'S7'36"W 321.73' ~ ~_„ ~ ~~I M ~I. O O Mli •z I ~~ ~ S ~I N 3I c nl n i7 0 z engineers, inc. 1'!032 W. EadW d, 8Wt° Q gmM, a°no 6T/id (10E) 017-77e0 • November 3, 2~6 MERIDIAN CITY COUNCIL MEETING November 8, 2006 APPLICANT ITEM NO. S-P REQUEST Sanitary Sewer and Water Main Easement Agreement far Valley Shepherd Church by Valley Shepherd Church of the Nazarene AGENCY CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY •WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • ADA COUNTY RECORDER iD NAYARRO AINOUNT .00 fi B015E tDAH0111~106 12: Rl REECORDEDaiREQUEST~OF III llllllllillilllillllllllllllllllll Meridian Ci1q 1 ~~ 18c^~0~~ t - -~ SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this ~y of October, 2006 between Valley Shepherd Church of the Nazarene, 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; WITNESSETI-i: WHEREAS, the Grantors desire to provide a sanitary scwcr and watcr 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 WHERE,A,S, 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, giant 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 EX~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 the Grantee, in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, large trees ar brush placed within the area described in this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, large trees or brush within the area described for this easement, Sanitary Sewer and Water Main Easement Page 1 EASMT.S&W.doc P~g~..-per • which would interfere with the use of said easement, for the purposes stated herein. 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 alI 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. Jer D. Johnso STATE OF IDAHO ) ) 5S County of Ada ) On this ~'1'~ a y of October, 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Jerald D. Johnson, known or identified to me to be the President, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affi~red my official seal the day and year first above written. .,e~pTAR~' ;~ a ~' ~ ~"~ P~tt~ ~ ~ app , P~r~ ~ a~ ~9~ Sanitary Sewer and Water Main Easement EASMT.S&W.doc N Y P FO AI~O Residin at: Commission Expires: ~ Page 2 C~ cITY OF MERIDIAN Tammy William G. Berg, Jr., City Approved by Council on STATE OF IDAHO, ) . ss. County of Ada,) ~~ ~ttluiiNr~~~~` ,' ,~,'~. TF. 0 ~~ ~~ -~f-. On this ~ CJ~day of ~~~'YVI. -dc1 ,200 before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and William G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to the within instrument and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEIZ.EOF, I have hereunto set my hand and affixed nay official seal the day and year first above written. SEAL ~ha~t m~i~~ tc`~ Notary Public for Idaho Residing at: _ L(/Jo~ .J4 My Commission Expires: /O -/ ~- /I EXIIIBIT "A" A 20 foot wide Sewer Line Easement over, under and across a parcel of land situated in a portion of the NEl/4 of the SRl/4 of Section 24, Township 3 Nozth, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho and mare particularly described as follows: Commencing at an aluminum cap monument marking the SE corner of said Section 24, thence along the East line of said Section 24 N00°39' 10"E a distance of 1330.33 feet to a 5/8 inch rebar marking the SE corner of said NEl/4 of the SEI/4, thence continuing along said East line N00°39' 10"E a distance of 17.71 feet to a point, from which an aluminum. cap monument marking the NE corner of said NE1/4 of the SE1/4 bears N00°39'10"E a distance of 1312.85 feet, thence leaving said East line N89°24'54"W a distance of 65.00 feet to a 5/$ inch rebar on the West right-of--way line of S. Meridian Road and marking the POINT OF BEGINNl;IVG; Thence leaving said West right-of--way line N89°24'54"W a distance of 754.30 feet to a point; Thence N00°45'45"E a distance of 989.22 feet to a paint; Thence S89°14' 15"E a distance of 20.00 feet to a point; Thence S00°45'45"W a distance of 969.22 feet to a point; Thence S89°24'54"E a distance of 734.27 fcct to a point on said West right-of-way line; Thence along said West right-of--way line S00°39' 10"W a distance of 20.00 feet to the POINT OF BEGINNTNCT. Said parcel contains 34,469 square feet or 0.79 acres more or less and is subject to any easements and orrights-of--way of record or implied. Attached hereto is `°Exhibit 13" and by this reference is made a part hereof. 0056140.04 SEWER EASEMENT' 100306 EXHIBIT "B" SEWER LINE EASEMENT A PORTION OF THE N81/4 OF THB SEi/4 0!p SECTION 24 T01PN9HIP 3 NORTH. RANG[# 1 lI&Sf, HO13E MERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDAHO - ~ BEAR REEK ~ 2DOs ueolvlsr N No. s O -.`__ O 43,17' li I sss• 14' 15°e I zo.oa' I I +i 1l I ~ ~ ~~ II I II Q - / N + N ~ ~ L, IN ~~~~ ~~ ~ m ~ ~ O w1 ~ i ~ 0 z1 ©' ~~ 1 1 LEGEND BOUNDARY LINE LOT LINE - - ROAp CENTER LINE ROAD RIGHT-OF-WAY EASEMENT LINE " " " " ~ ~ TIF I INf ~ FOUND 5/8" REBAR Q FOUND 1/2° REBAR C7 CALCULATEp POINT FOUNp ALUMINUM CAP ii ~~ Q I~ i l I, I l I E 1/4 CORNER SEC. 24 r A~ ~ a°o. Z ~ "~~ ~ W Z JNm 'Qi ~"" W ~ •00 ~ MN ~; lzm it ~ ~ ~ I ~. 20.00' SEWER p1SpL~A ~ ,~~,~ I LWE EASEMENT O I I ~I ri ~ ~ 1 1 I~ . I ~ z ~ $ QC7~' GG w I ~ ~ w AgrE aF +op~v , ~ ~ ~ k I I ' 1 ~ Q ``' t ~' .. . N J ~~ I' I i 500'39'10"W I ~ I ~ ..._.,. _____ 5$9'24'54"E 734.27' 20.00' i ~ 1 -17..Z~`-_~ _ _ N89'24'S4 { 754.30'-' ~ ~ ~ - STRATA BELLISSIMA ~- = ~' o $ 1 /16 SUDDIYISiON N0. 1 ~ - "'"`~ ' ~ SEC. 24 I N$9'24'54'1N ~ o. h M ,SHEET CHECK D BY: 65.00' ~ t7 KNS AATE 24 79 EXHB-B P~20-O6 - 25 30 pRAwN 8Y: r,,,,~. VALLEY SHEPHERD CHURCH P ~~a1.~O~ ~I _~-.. G.'v~/F'R EA~E~..q E~VT C. LAMC6Y gOQ{CWL+.'L.l., CORNER :~ auc. rQ Bdx, ern City of Median . Public Works Dept. R,EC~~ ~~ Memo Ta Mayor De Weerd 8~ City Council Ftonn Kane Glenn 4`Cr Fle 11/2/2006 ' ~ Proposed Benda Items for 11%8/ City Counc~i Meeting .5.99 ~ r City Of B~eridiam City Clerk Office The Public Wo~ics t]eparbrent respectfully requests that the following items be plata3d on the 11 /8J06 City Council agenda, an tl~ Cons®rrt Agenda, for Coundi's consideration: 1) Water Main Easement for Valley Sher~herd Church. Typical Water Main Easement. R~omm®nded Council Actlat: Approve the Water Main E~srrterrt for Valley Sheph®rd Church acrd autlwrize tla~ Mayor to sign and Cffty Clerk to attest. 2) Sam Sewer and W~gtlVlai,~l Easement for Valley Shepherd Church. Typical Sanitary Sewer and Water Main Easemenrt. Reaan-me-nded Council Action: Approve the Sanitary Sew®r and Wader Maln E.asemant far Vaiiey Sheph®rd Church and autltot~ ~ Mayor to sign and City Clark to stt~t. Thank you for your cora;ideration. •P~1 • SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this ~'aay of October, 2006 between Valley Shepherd Church of the Nazarene, 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 particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be conshvcted 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 the Grantee, in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, large trees or brush within the area described for this easement, Sanitary Sewer and Water Main Easement Page 1 EASMT.S&W.doc • which would interfere with the use of said easement, for the purposes stated herein. 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. Jer D.Johnso~ STATE OF IDAHO ) ss County of Ada ) On this ~ l ' day of October, 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Jerald D. Johnson, known or identified to me to be the President, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NO Y P FO O Residm at: Commission Expires: C7 Sanitary Sewer and Water Main Easement Page 2 EASMT.S&W.doc ~ • EXF-IIBIT "A" A 20 foot wide Sewer Line Easement over, under and across a parcel of land situated in a portion of the NE1/4 of the SE1/4 of Section 24, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at an aluminum cap monument marking the SE corner of said Section 24, thence along the East line of said Section 24 N00°39' 10"E a distance of 1330.33 feet to a 5/8 inch rebaz marking the SE corner ofsaid NEl/4 of the SE1/4, thence continuing along said East line N00°39' 10"E a distance of 17.71 feet to a point, from which an aluminum cap monument marking the NE corner of said NE1/4 of the SEl/4 bears N00°39' 10"E a distance of 1312.85 feet, thence leaving said East line N89°24'54"W a distance of 65.00 feet to a 5/8 inch rebaz on the West right-of--way line of S. Meridian Road and marking the POINT OF BEGINNING; Thence leaving said West right-of--way line N89°24'54"W a distance of 75430 feet to a point; Thence N00°45'45"E a distance of 989.22 feet to a point; Thence S89°14' 15"E a distance of 20.00 feet to a point; Thence S00°45'45"W a distance of 969.22 feet to a point; Thence S89°24'54"E a distance of 734.27 feet to a point on said West right-of--way line; Thence along said West right-of--way line S00°39' 10"W a distance of 20.00 feet to the POINT OF BEGINNING. Said parcel contains 34,469 squaze feet or 0.79 acres more or less and is subject to any easements and or rights-of--way of record or implied. Attached hereto is "Exhibit B" and by this reference is made a part hereof. ~' 1 o~ ~~grEOf ~ ~. ~ 0056140.04 SEWER EASEMENT 100306 EXHIBIT "B" SEWER LINE EASEMENT A PORTION OF THE NEl/4 OF THE SEl/4 OF SECTION 24 TOIYNSHIP 3 NORTH, RANGE 1 NEST, BOISE MERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDAHO _ I BEAR CREEK ~~ ZD~ UBDIVISI N N0. 6 O -- O 43.17' /1 , I I S89'1415"E 20.00' I I I I I ` 1 NZP 9PL94Y6 I ~~J iF • 2NB.W I I I I 1 I I ~ O I I NI CV NI N ~ /~~ p~ OJ !`J ~ ~ , ~ I~ W) ~ I ~ O ~ O d- ~r - ZI to I I I I I ? C I 20.00' SEWER (r~IS~~~ ~_~~ LINE EASEMENT - ~ ~ O I wz w I ~ ~ I I ~ ,^ w~ a ~ I Q p L~J I ~ W I O z LEGEND - - - - BOUNDARY LINE LOT LINE -' - - ROAD CENTER LINE ROAD RIGHT-OF-WAY EASEMENT LINE " ~ " ' • • TIE LINE OO FOUND 5/8" REBAR O FOUND 1/2" REBAR O CALCULATED POINT ® FOUND ALUMINUM CAP E 1/4 CORNER SEC. 24 ~Ca I V O Q ~''~~1 ~ W d ICVm ~"'~ W W A o0 ~„' • °- ~ ~N 0 Vj Z ~' N ' ~I I~ II 1I I I I I~ I~ I 1 I I I 500'39'10"W ~ I ~ S89'24'54"E 734.27' _20.00' I ~ _ ~ o - 17.70 _ _~ _ _ N89'24'S4"'W 754.30 STRATA BELLISSIMA _ _ ~- - o S 1/16 SUBDIVISION N0. 1 ~ - © ~ SEC. 24 I r1. N89'24'S4"W ~ o. 65 00' ~ ~ iHEET CHECKED BY: I~ KNS `- DATE 24 19 EXHB-B 20-D6 DRAWN BY: - • i 25 30 P~ VALLEY SHEPHERD CHURCH P SCALE: J 1 =150 SEWER EASEMENT En !`(1~.~t d/t QLANG EY ROCKWELL ~nsz i CORNER neers, Inc. iatiw p, SWb B. BoW. Wro" 6M1ff) (70E) 8G1-7)EO C~ November 3, 200b RZ Ob-006 MERIDIAN CITY COUNCIL MEETING November 8, 2006 APPLICANT John Flaherty Construction ITEM No. 5-Q REQUEST Development Agreement -Request for a Rezone of 6.82 acres from R-8 to R-15 zones for Cedar Springs Townhomes -south of West McMillan and west of North Meridian Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: COMMENTS See attached DevelopmenF Agreement 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: ~~- 1330 Materials present®d of public meetings shall become property of fhe Cffy of M®ridian. e ADA COUNTY RECORDE DAVID NAVARRO AMOUNT .00 42 BOISE IDAH011/16106 ~ PM DEPUTY Yield Allen II I I I II II I II I ~ III I I II II I I I II I "III'II RECORDED-REQUEST OF 1 Eta 1$0S 14 City of Meridian DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. John Flaherty Construction, Developer/Owner THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this ~jl`~' day of QC~bl~ir , 2006, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, John Flaherty Construction, whose address is 6002 Franklin Road, Boise, Idaho 83709, hereinafter called DEVELOPER/OWNER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Developer/Owner make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of the Meridian Unified Development Code, which authorizes development agreements upon the annexation and/or re- zoning of land; and 1.4 WHEREAS, Developer/Owner has submitted an application for annexation and re-zoning of the Property's described in Exhibit A, and has requested a designation of (R-15) Medium High Density Residential District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Developer/Owner made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT (RZ 06-006) CEDAR SPRINGS TOWNHOMES SUBDIVISION PAGE 1 OF 10 • • 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 26~' day of September, 2006, 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 Developer/Owner to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 DEVELOPER/OWNER 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 Developer/Owner to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT (RZ 06-006) CEDAR SPRINGS TOWNHOMES SUBDMSION PAGE 2 OF 10 • 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 DEVELOPER/OWNER: means and refers to John Flaherty Construction, whose address is 6002 Franklin Road, Boise, Idaho 83709, the party that owns said Property and shall include any subsequent developer(s)/owner(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 annexed and zoned R-15 (Medium High Density Residential District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian City Code Section 11 which are herein specified as follows: Rezoning of 6.82 acres from R-8 (Medium Density Residential) to R-1 S (Medium High Density Residential) for construction and development of 48 attached single family units pertinent to this RZ 06-006 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: DEVELOPMENT AGREEMENT (RZ 06-006) CEDAR SPRINGS TOWNHOMES SUBDIVISION PAGE 3 OF 10 • 5.1. Developer/Owner shall develop the Property in accordance with the following special conditions: 5.1.1 That all future development shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 5.1.2 That all future development of the subject property shall be consistent with the applicant's approved preliminary plat unless otherwise modified by other provisions of the DA, or in the future by the City Council. 5.1.3 That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 5.1.4 That the future uses and lots on this site shall conform to the District Regulations contained in the Unified Development Code (LTDC), in effect at the time of development. 5.1.5 That the applicant will be responsible for all costs associated with the sewer and water service extension. 5.1.6 That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 5.1.7 That prior to issuance of any building permit, the subject property be subdivided (a recorded final plat) in accordance with the City of Meridian Unified Development Code. 5.1.8 That a maximum of 68 dwelling units be constructed on this site. 5.1.9 That the applicant commits to construct the townhomes according to the elevations provided with the preliminary plat application (PP-06- 033). DEVELOPMENT AGREEMENT (RZ 06-006) CEDAR SPRINGS TOWNHOMES SUBDNISION PAGE 4 OF 10 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the Developer/Owner or Developers/Owners heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Properly" of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Developer/Owner consents upon default to the reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent to-wit: 7.1 'That the City provide written notice of any failure to comply with this Agreement to Developer/Owner and if the Developer/Owner fails to cure such failure within six (6) months of such notice. 8. INSPECTION: Developer/Owner shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. 9. DEFAiTLT: 9.1 In the event Developer/Owner, or Developer's/Owner's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be modified or terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Developer/Owner of any one or more of the covenants or conditions hereof shall apply solely to the DEVELOPMENT AGREEMENT (RZ 06-006) CEDAR SPRINGS TOwNHOMES SUBDIVISION PAGE 5 OF 10 • • breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Developer's/Owner's cost, and submit proof of such recording to Developer/Owner, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or Developer/Owner, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybe sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that City and Developer/Owner shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non- breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Developer/Owner or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. DEVELOPMENT AGREEMENT (RZ 06-006) CEDAR SPRINGS TOwNHOMES SUBDIVISION PAGE 6 OF 10 • • 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code, to insure that installation of the improvements, which the Developer/Owner agree to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Developer/Owner agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Developer/Owner has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Developer/Owner agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16 NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 DEVELOPER/OWNER John Flaherty Construction 6002 Franklin Road Boise, ID 83709 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. DEVELOPMENT AGREEMENT (RZ 06-006) CEDAR SPRINGS TOWNHOMES SUBDIVISION PAGE 7 OF 10 ® • 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Developer/Owner of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request ofDeveloper/Owner, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Developer/Owner have fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Developer/Owner and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Developer/Owner 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. DEVELOPMENT AGREEMENT (RZ 06-006) CEDAR SPRINGS TOWNHOMES SUBDIVISION PAGE 8 OF 10 • 21.1 No condition governing the uses andlor conditions governing re-zoning of the 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. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. DEVELOPER/OWNER JOHN FLAHERTY CONSTRUCTION STATE OF IDAHO, ) ss County of Ada, ) • S-t- On this ~ l day of _ ®~,~.,~„~ er 2006, before me, the dersigned, a Notary Public in and for said State, personally appeared o /~ e,.1r~-el ~./ known or identified to me to be the 'Prat ~~,~„y4"' , of John Flaherty Construction and acknowledged to me that they executed the same on behalf of such company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (S$THY SCOTT MANSER NOTARY PUBLIC STATE OF IDAHO STATE OF IDAHO ) County of Ada ss a~--~-- otary Pu lit for Idaho Residing at: ~~ LG d~Q,v,,,~s O„ . ~~J. ~,~„~ My Commission Expires: 7 -,p - I ~,, On this day of N()Y , 2006, before me, aNotary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and axed my official seal the day and year in this certificate first above written. ~soooooo. . ••s ~. GR~®o® • 9 ~~ ~`a e • E ~, ; otary Public for Idaho ® ~~ ~ Residing at: ('~~~, l rj ®` '~,~ ~ : ®i• Commission expires: ~Q-~ ~..~ ~ ''`gTE OF,~:•' DEVELOPMENT AGREEMENT (RZ 06-006) CEDAR SPRINGS TOWNHOMES SUBDIVISION PAGE 10 OF 10 • Project: 10-06.010 Date: June 2, 2006 EXHIBR A-1 PARCEL DESCRIPTION R-15 ZONE BOUNDARY That portion of the West )4 of the Northeast % of Section 36, Township 4 North, Range 1 West, Boise Mertdian, Mertdian, Ada County, Idaho, and more particularly described as follows: Commencing at the North 1 /4 comer of Section 36, marked by a brass cap; thence along the Northerly boundary of the Northeast %, South 89'2T39' East, 1,340.85 feet to the Northeast comer of the West'A of the Northeast ~/.; thence South 00'Z8'44' West, 85.00 feet; thence North 89'2T39" West, 15.00 feet to the POINT OF BEGINNING; thence South 00'28'44' West, 185.04 feet; thence North 88'4T44" West, 85.07 feet; thence South 66'00'06' West, 57.18 feet; thence along a non tangent curve to the rgght 37.07 feet, having a radius of 55.00 feet, a delta of 38'37'21", and a long chord which bears South 18'49'57' East, 36.38 feet; thence South 00'33'10' West, 282.95 feet; [hence along a non tangent curve to the right 86.47 feet, having a radius of 55.00 feet, a delta of 90'04'34`, and a long chord which bears South 45' 31'22" West, 77.83 feet; thence North 89'2620' West, 315.42 feet; thence along anon-tangent curve to the right 86.39 feet, having a radius of 55.00 feet, a delta of 90'00'00", and a long chord which bears North 44'2621' West, 77.78 feet; thence North 00'33'10' East, 279.73 feet; thence North 89'27'39' West, 116.00 feet; thence North 00'32'21" East, 245.24 feet; thence South 89'27'39' East, 666.24 feet to the POINT OF BEGINNING. Containing 6.822 acres, more or less. ENO OF DESCRIPTION Prepared by: J-U•B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. I 85750 p•2.0` aO/ RMH/jch:lhc R~~~pROVp~~ • .._: ey :dtt;^:t?,t ~EPSiG ,N. „ P:\DSF\10.06-0t0 • Cedar Springs Townnanes\10.06-010•DES\Descrlptian\R•15 BNDRY.doc CITX OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA~V AND DECISION & ORDER -Llr.L' ~..- .1.~ A ~ ~ .1.. SEA Z ~ 2006 City O Meridian C' k Office '~~~YLP~`lt~~e~`~1- x~ " v ,,,,~ ~.. ~~.fi 'ha ~ + .+'` .~ ``~ii i5a..wrm~ yl'J~r , .. In the Matter of Re-Zoning 6.82 acres from R-$ to R-15 A.ND Preliminary Plat approval for 68 single-family residential building lots and 5 common lots on 11.05 acres in a proposed R 15 zone and existing R $ Zone, by John Flaherty Construction. Case No{s). RZ-06-006 aad PP-06-033 For the City Council Hearing Date of: September 12, 2006{findings on September 26, 200b City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September l2, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 12, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 12, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 12, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 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-06-006 and PP-06-033 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of SEPTEMBER 12, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Cade § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated June 28, 2006 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 September 12, 2006 incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a prelinu~aary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, xnay be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director ar City Council may require the preliminary plat, combined preliminary and CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-006 and PP-06-033 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 may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (Z8) 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 September ].2, 2006. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-046 and PP-06.033 • By action of the City Council at its regular meeting held on the 2006. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD ~~J~ day of VOTED__~~~ VOTED_,~~~ VOTED-~6~~ VOTED_ i~~ VOTED ~~ ATTEST: ````~~`~,~~ '" -~" '~,,~.~ ~ ~~ 'J r ~~'~~~ ~~~~ WILLIAM G. BERG, JR. JCL ~ R .~~ ~ T 18~ . ~ 1,`~ Copy served upon: ~, Applic.~fir-`''~'~ ~ r`'~~~ __~,, Planning De~'~nt r ^~ Public Works Department City Attorney ~ Piet-.ri 2~~..~ By: Dated: q • ~'- QV I Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-046 and PP-05-033 CITY OF MERIDIAN PG DEPARTMENT STAFF REPORT FOR RING DATE OF September 12, 2006 STAFF REPORT Hearing Date: September 12, 2006 TO: Mayor & City Council FROM: Justin Lucas, Associate City Planner Meridian Plarming Department 208-884-SS33 SUBJECT: Cedar Springs Townhomes 7~' r•i~ r,~ oyr,P~ ~~.~a. ,,~_. RZ-06-006 - Rewne of 6.82 acres to R-15 (Medium High-Density Residential) PP-06-033 -Preliminary Plat of 68 building lots (48 in the proposed R-15 wne and 20 in the existing R 8 zone) and 5 common lots on 11.05 acres 1. SUMMARY DESCR1PTiON OF APPLICANT'S REQUEST The applicant, John Flaherty Construction, has applied for Rezoning (RZ) of 6.82 acres from R-8 (Medium Low-Density Residential) to R 15 (Medium High-Density Residential), and Preliminary Plat (PP) approval of 68 residential building lots (48 attached single family units in the proposed R 1 S zone and 20 detached single family units in the existing R 8 zone), and S common lots on l 1.05 acres. The site is located on McMillan Road west of Meridian Road. This area received preliminary plat approval as Lot 18, Block 13 of the Cedar Springs North Subdivision. The original preliminary plat (PP-02-027) noted that this site was to be developed as attached single family units (the note reads "Future attached single family residential area"). This area received final plat approval as Lot 2, Block 36 of Cedar Springs Subdivision #4. The subject property is within the Urban Service Planning Area and the corporate boundaries of the City of Meridian. 2. SUMMARY RECOMMENDATION The subject applications were submitted to the Planning Department for concurrent review. The Commission should make recommendations to the Council on all of the subject applications. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Re-Zoning and Preliminary Plat applications. Staff is recommending_approval of the ro osed Cedar Springs, _TQwnhomes CRZ-06-006 and PP-O6-033) with the conditions listed in Exhibit B of the Staff Report. The 1Vler~dian Plannui and Zoning Commission heard these items on Aueust 3 2006 At the.~ublc heariY,~ they moved to recommend approval On September 12 2006 the City Council approved the subject a lications. a. Summary of Commission Public Hearing: i. In favor: Daren Fluke ii. In opposition: None iii, Commenting: None iv. Staff presenting application: Justin Lucas v. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. -Courtyard design; ii. - Minunum lot sizes and shared drives c. Key Commission Changes to Staff Recommendation: i. -None d. Outstanding Issae(s) for City Council: i. -None Cedar Springs Townhomes RZ-06-~6/PP-Ob-033 PAGE 1 CITY OF MERIDIAN P~G DEPARTMENT STAFF REPORT FOR THF~RING PATE QF September 12, 2006 3. PROPOSED MOTION (to be considered after the pablic hearing Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-06-006 and PP-06-033 as presented in staff report for the hearing date of September 12, 2006 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny Pile Numbers RZ-06-006 and PP-06-033 as presented during the public hearing on September 12, 2006 for the followvng reasons: (You should state specific treasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance I move to continue File Numbers RZ-06-006 and PP-06-033 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/I,ocation: North Summit Way; South side of McMillan Road, west of Meridian Road, in Section 36, Township 4 North, Range 1 West. b. Owners: John Flaherty Construction 6002 Franklin Road Boise, ID 83709 c. Applicant: Same as Owner d. Representative: Daren Fluke, JLTB Engineers e. Present Zoning: R-8 (Medium Density Residential) f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: The applicant has applied for Rezoning (RZ) of 6.82 acres from R-8 (Medium Low-Density Residential) to R-15 (Medium High Density Residential), and Preliminary plat (PP) approval of 68 residential building lots (48 attached single family units in the proposed R-15 zone and 20 detached single family units in the existing R-8 zone) and 5 common lots on 11.05 acres. The total gross density of this development is 6.I5 dwelling units per acre. The gross density of each individual zone is 7.04 dwelling units per acre in the proposed R-15 zone, and 4.73 dwelling units per acre in the existing R-8 zone. Approximately 6% of the site is being set aside for open space. The site also includes a connection to a micro pathway pathway within the Cedat Springs North Subdivision. 1. Date of preliuninary plat (attached in Exhibit A): 6/28/06 2. Date of landscape plan (attached in Ex}ubit A): 5/19/06 5. PROCESS FACTS a. The subject application will in fact constitute a rezone as determined by City Grdinance. By Cedar Springs Townhomea RZ-06-006lPP-06-033 PAGE 2 CITY OF MERIDIAN PLAN DEPARTMENT STAFF .REPORT FOR TH$ G DATE OF September 12, 2006 reason of the provisions of the Unified Development Cade Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: July 17`~ and July 319`, 2006 (Planning Commission) August 219` and September 4~`, 2006 (City Council) d. Radius notices mailed to properties within 300 feet on: July 7`~, 2006 (Planning Comumission) August 18"', 2006 (City Council} e. Applicant posted notice on site by: July 24~', 2006 (Planning Commission) September 2~, 2006 (City Council) b. LAND USE a. Existing Land Uses}: The site is currently vacant. b. Description of Character of Surrounding Area: Much of the land surrounding this site is approved residential or office uses that are yet to be built. The most recent project is the progosed Cedar Creek Subdivision (AZ-06-009, PP-06-007) to the north. This area is rapidly transitioning from rural farmland to more urban land uses. c. Adjacent Land Use and Zoning 1. North: Land in Ada County, zoned RUT- see comment above 2. East: Future residential development, Archer Creek Subdivision, zoned R-8 3. South: Future Single Family Homes, zoned R-8, Cedar Springs North Subdivision 4. West: Future office use, zoned L-0, Cedar Springs North Subdivision d. History of Previous Actions: As stated earlier this site was part of the Cedar Springs North Subdivision (AZ-02-028 and PP-02-02'~ that was approved by the City Council on November 5, 2003. This site received final plat approval through Cedar Springs #4 (FP-03- 06~ which was approved by City Council on January 13, 2004. The current proposal meets all of the conditions outlined in the development agreement and non-development agreement specifically issued for this site at the time of annexation. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: There is currently sewer stubbed to this property from mains installed with Cedar Springs Subdivision. Location of water: There is currently water stubbed to this property froze mains installed with Cedar Springs Subdivision. Issues or concerns: None. 2. Floodplain: None. 3. Cauals/Ditches Irrigation: The hemp Canal traverses along the north side of this project. The City Council has typically not required the Letup Canal to be tiled, as it Cedar Springs Townhomes RZ-06-006/PP-06-033 PAGE 3 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPQRT FOR THE I~NG DATE OF September 12, 2006 would take a very large pipe. All other open ditches or laterals, that cross the subject site should be tiled in accordance with. the UDC. 4. Hazards: Staff is not aware of any hazards associated with this property. 5. Proposed and Existing Zoning: All of this property is currently zoned R-8. The applicant is proposing to rezone 6.82 acres of the 11.05 acres to R-15 (Medium High- Density Residential). 6. Size of Property: 11.05 acres f. Subdivision Plat Information: 1. Residential Lots: 68 2. Non-residential Lots: 0 3. Total Building Lots: 68 4. Canwaon Lots: 5 5. Other Lots: 0 6. Total Lots: 73 7. Gross Density: 6.15 dwelling units per acre (net 8.07 d.u./acre) g. Landscaping 1. Width of street buffer(s): A 25-foot wide street buffer is required along McMillan Road, a minor arterial street (UDC 11-2A-6). This buffer was previously constructed with the Cedar Springs North Subdivision. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: The applicant states that 6% (0.67 acres) of the site is being set aside far common open space. h. Amenities: Open space and pathway connecting to existing pathway system in the Cedar Springs North Subdivision to the south. i. Off-Street Parking: UDC 11-3C-6 requires single-family detached dwellings and Townhomes to have 2 enclosed parking spaces (a garage) and a 20' x 20' parking pad in front of each garage. j. Proposed and Required Residential Standards: R-8 and R-1S (R-15 standards inparenthesis if different) Setbacks (in feet) Proposed Required Front Living Area (to sidewalk} 15 15 Garage (to sidewalk) 20 20 Side 4 /0 410 for attached walls Rear 12 ~ 12 Frontage 50 (10) 50 (10) Lot Size 5,000 (2,400) 5,000 {2,400) k. Proposed and Required Non-Residential: N/A Cedar Springs Townhomes RZ-06-006/PP-06-033 PAGE 4 CITY OF MERIDIAN PG DEPARTMENT STAFF REPORT FOk ARTNG DATE OF September 12, 2006 1. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): There is one existing access point (stub street) from Summit Way which connects to the subject property from the west. The applicant is also proposing to extend one stub street from the east that will connect with future development in the Amber Creek Subdivision. 7. AGENCY COMMENTS MEETING On 3uly I4, 2006, staffheld an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police, Meridian Public Works Department, Meridian Parks and Recreation Department and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future band Use Map. Medium density residential areas are anticipated to contain up to eight dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 68 single-family (20 detached and 48 townhomes) lots on 11.05 acres for a gross density of 6.15 dwelling units/acre. The proposed density is consistent with the anticipated density for this area. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): * Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City afMeridian plans to provide municipal services to the lands in the following manner: • The subject lands currently lie within the jurisdiction of the Meridian City Fire Department. This service will not change. • The subject lands currently lie within the jurisdiction of the Meridian Police Department (MPD). This service will not change. • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACRD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • 7'he subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject rezone. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VII, Goal IV, Objective D, Action 2: Restrict curb cuts and access points on collectors and arterial streets. McMillan Road is classified as an arterial roadway in this area. The proposed development does not take access from McMillan Road which is consistent with the comprehensive plan. • Chapter VII, Goal IV, Objective C, Action 1: Protect existing residential properties from Cedar Springs Townhomes RZ-06-006/PP-06-033 PAGE 5 CITY OF MERIDIAN PLG DEPARTMENT STAFF REPORT FOR'I`ET~ARING DATE OF September I2, 2006 incompatible land use development on adjacent parcels. North of the site are existing single family dwellings. East of the site is a proposed single- family subdivision. West of the site is a mixed-use development with multi family dwellings. Northeast of the site are future high density multi family units and future commercial uses approved with Paramount Subdivision. StafJ`'believes that the proposed development should be compatible with the existing land uses. • Chapter VII, Goal IV, Objective D, Action 5: Require appropriate landscape and buffets along transportation corridor (setback, vegetation, low walls, berms, etc.). A ZS foot wide landscape buffer already exists along McMillan Road. This buffer was constructed with the Cedar Springs North Subdivision. • Chapter VI, Goal II, Objective A, Action 3: Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land-use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications generally comply with the policies listed in the literature noted above. • Chapter VI, Goal II, Objective A, Action 6: Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The applicant is proposing to extend one stub streets to the east. This proposal will provide interconnectivity with the subdivisions to the east. • Chapter Vl, Goal II, Objective A, Action S: R~uire pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The adjacent project to the south, Cedar Springs North, has provided a pedestrian connection to this site. The applicant is proposing to extend this connection into this site. This proposal should enhance the community pathway system, • Chapter VII, Goal IV, Objective C, Action 6: Require pedestrian access in all new development to link subdivisions together and promote neighborhood cowaectivity. See analysis above. • Chapter VII, Goal I, Objective D, Action 9: Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultwral and other properties. Prior to construction of any buildings, fencing should be constructed around the perimeter of this site. • Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, Cedar Springs Townhomes RZ-06-006/PP-06-033 PAGE 6 CITY OF MERIDIAN PL~ DEPARTMENT STAFF REPORT FOR THE G DATL OF September 12, 2006 apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The subject applications are requesting an R-1 S zone with townhomes, and R-8 zoned lots with detached single family homes. Stafffinds that this location is favorable for these zoning designations and housing types because of similar developments that have been constructed or approved in the vicinity. Staff also recognizes the importance of providing diverse housing types through out the community. The proposed development should help meet some of that demand. • Chapter VII Gaal IV Objective D Action 7. Develop incentives for high-density development along major transportation corridors to support public transportation system. Stafffinds that this location is favorable for such a development because of the access future residents will have to goods arad services offered along McMillan Road. This type of density will also help to support any future public transportation that may run along this heavily traveled thoroughfare. Staf 'recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Residential Districts: UDC Table 11-2A-2 lists single family detached dwellings as a permitted use in the R-8 zone and Townbomes as a permitted use in the R-15 zone. b. Purpose Statement of Zones: MEDIUM (R-8) AND NLEDICJM-HIGH DENSITY (R-15) RESIDENTIAL DISTRICTS: 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. Residential land uses are also allowed within the O-T, TN-C, and TN-R districts as set forth in Chapter 3 Article D. c. Common driveways: UDC 11-6C-3D describes the standards for common driveways. All common drives proposed by the applicant should meet the standards as described in the UDC. These standards are listed below: 1. Maximum dwelling units served: Common driveways shall serve a maximum of four (4) dwelling units. 2. Width standards: Common driveways shall be a minimum of twenty feet (20') in width. 3. Maximum length: Common driveways shall be a maximum of one hundred fifty feet (150') in length. or less, unless otherwise approved by the Meridian City Fire Department. 4. Improvement standards: Common driveways shall be paved with a surface capable of supporting fire vehicles and equipment. 5. Abutting properties: Unless limited by significant geographical features, all properties that abut a common driveway shall take access from the driveway. Cedar Springs Townhomes RZ-06-006/PP-06-033 PAGE 7 CITY OF MERIDIAN I'G DEPARTMENT STAFF REPORT FOR'i'~ARiNG DATE OF September 12, 2006 6. Turning radius: Common driveways shall be straight or provide a twenty-eight foot (28') inside and forty-eight foot (48') outside turning radius. 7. Depictions: For any plats using a common driveway, the setbacks, building envelope, and orientation of the lots and structures shall be shown on the preliminary and/or final plat. 8. Easement: A perpetual ingress/egress easement shall be flied with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. 9. Alternative compliance: The Director may approve or recommend approval of alternative design or construction standards when the applicant can demonstrate that the proposed overall design meets or exceeds the intent of the required standards of this Section and shaII not be detrimental to the public health, safety, and welfare. d. General Standards: Some of the proposed lots da not comply with the standard lot size requirements of the R-8 zone established in the UDC. Dimensional modifications are being requested (see Exhibit B -Conditions of Approval for more detail). 10. ANALYSIS Analysis Leading to Staff Recommendation As submitted, the subject applications appear to substantially comply with the Unified Development Code and the Comprehensive Plan. However, there are some modifications to the site plan, the preliminary plat, and the landscape plan that staff would like to see made. In each section below, staff has listed the items that staffwould like to see amended. 1. RZ Application: Based on the policies and goals contained in the Comprehensive Plan staff believes that this is a good location for a higher density development and the proposed R-15 zone. Please see Exhibit D for detailed analysis of the required facts and findings for a Zoning Amendment. The annexation legal description submitted with the application (stamped on 6/2/2006 by Ronald M. Hodge, PLS) shows the property within the existing corporate boundary of the City of Meridian. UDC 11-SB-3D2 and Idaho Code § b5-6711A 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 believes that a DA is necessary to ensure that this property is developed in a fashion as to not negatively impact nearby properties. Prior to the rezone ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner(s) (at the time of rezone ordinance adoption), and the developer. The applicant shall contact a Ci ttornev, Bill~.~188$-4433 to initiate this process. Staff recommends that the Commission and Council direct the City's Legal Department to draft a development agreement for Cedar Creek Townhomes Subdivision as follows: 1. That all future development shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental. to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fiunes, glare or odors. Cedar Springs Townhomes RZ-06-006/PP-06-033 PAGE 8 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR TI~ARTNG DATE OF September 12, 2006 2. That all fixture development of the subject property shall be consistent with the applicant's approved preliminary plat unless otherwise modified by other provisions of the DA, or in the future by the City Council. 3. 7:'hat all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 4. That the future uses and lots on this site shall conform to the District Regulations contained in the Unified Development Code (UDC), in effect at the time of development. S. That the applicant will be responsible for all casts associated with the sewer and water service extension. 6. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section S-7-S17, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 7. That prior to issuance of any building permit, the subject property be subdivided (a recorded final plat) in accordance with the City of Meridian Unified Development Code. 8. That a maximum of 68 dwelling units be constructed on this site. 9. That the applicant commits to construct the townhomes according to the elevations provided with the preliminary plat application (PP-06-033). 2. PP Application: Landscaping, The landscape plan prepared by The Land Group, on 5-1~-06, labeled Sheet 1.00, is approved with the following modifications/notes: • The proposed micro pathway shall comply with all micro pathway landscaping standards as described in UDC 11-3B-12. • All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11-3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-11. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-1 1, then the applicant shall relocate the facility. This may require losing a developable Iot or developable area. A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B-14. Submit revised landscape glans with the final plat application. Street Buffers: The existing street buffer along McMillan road should be preserved and protected during construction of this subdivision. Minimum Lot Size: The minimum lot size in the R-8 zone is 5,000 square feet (see UDC 11-2A-S). Block 2, lots 13-1b have lot sizes that do meet this minimum requirement. These lots should be enlarged to meet the *-r±~ntmum lots size as described in the UDC. Tf the applicant chooses not to enlarge these lots it is possible that shared Cedar Springs Townhomes RZr06-006/PP-06-033 PAGE 9 CITY OF MERIDIAN PLAI~TG DEPARTMENT STAFI: REPORT FOR'I'IIG DATE OF September 12, 2006 drives could be used. The use of shared drives decreases the lot size requirement and would bring these lots into conformance (see UDC 11-2A-S). Such shared drive easements shall be noted on the plat. Common Driveyva~ All of the common driveways proposed in this development should meet the UDC standards (iTDC 11-6C-3D) as described above. b Streets: The applicant should be required to provide one public stub street to the Dyver Development, LLC property to the east, as proposed (Amber Creek, Parcel #51129223505), enc' :The applicant has proposed six foot solid fencing (what material?) around the entire perimeter of the development. A detailed fencing plan should be submitted upon application of the final plat. Tf permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro path /multi-use fencing shall be designed according to UDC 11-3A-7. Common Areas: Maintenance of all common areas shall be the responsibility of the Cedar Springs Home Owners' Association. Ditches. Laterals,. and Canals: The Letup Canal rums along the northern boundary of this site. The City Council has regularly granted waivers of the requirement to file the Letup Canal, as it would take a 72-inch pipe. Staff recommends that the City not require the applicant to file the Letup Canal abutting this site. Per UDC I1-3A-5 all irrigation ditches, laterals or canals, exclusive of any natural waterway and the Letup Canal, that intersect, cross or lie within the area being subdivided shall be covered. Pressure lrrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be r~uired. )f a single-point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A- 15 and MCC 9-1-28. Staff Recommendation; ~gsed on the facts provided in this report, staff recommends approval of File Numbers RZ-06-005 and PP-06-033 with the conditions listed in Exhibit B of the Staff Report On August 3. 2006 the Meridian Planning and Zoning Commission voted to recommend approval. of the subject applications On September 12 2006 the Citv Council approved the subj~p~lications Cedar Springs Townhomes RZ-06-006/PP-06-033 PAGE 10 CITY OF MERIDIAN PG DEPARTMENT STAFF REPORT FOR "rHG DATE OF September 12, 2006 11. E~~ITS A. Drawings 1. Preliminary Plat (dated: b-28-06) 2. Landscape Plan (dated: 5-19-06) 3. 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 8. Central District Health Department C. Legal Descriptions D. Required Findings from Unified Development Code Cedar Spriggs Townhomes RZ-06-006/PP-06-033 PAGE 11 CITY OF MEItIdIAN PL~ DEPARTMENT STAFF REPORT FOR THE G DATE OF September l2, 2006 A. Drawings 1. Preliminary Plat (dated: 6-2$-06) ~ t ~ -.~_- - -. .-- ueumD mnaasw ~ ~ ~~~~. A~ ~aA',svn/~aml"'~ilul~l.ataapalwa DDBa~Waa~ ®B ~{ -'-.~~':~:~' =_! ~'m VOaDa ePptla3tla4A~9C7gp76al01 iD1tlW3ntl ~~s.~ CC ~ . t' t y o'~YOwaneaB'eaea r3°,~ (1}NUI'A1Nt109VOV'dVIflIb3W m4!'$Ra,, V 'Ola'~l93NIElN3 8'(N -. •aGiw S3P70FQ8Y1016'OAI~1~ HYd3,~ ~ ~ Ri;t . ~ r t ~' _~••s~clzeap~aeaae,s,naaRp ea a . w ii ~~• rL Y'e~v.a a 9 f~a 8 @~~71"~ ~1 ~ ~ 33I 'r'¢', 3 g':Tg `~E !a~.t.~aa~~s~. ~ g3 938. is ~.++• i••~9=•D.4a9a4valplckp~LR A ~4R 7R ' C ' ~g ~ ~1 a~~g ~~ i'~ 1' ~ ~t ~ ~ 1 si $1~,p It ` ii ~ ~~ ~ ~t B i 1 ~ ~ I g e ~ i i~~f !g '~ ~ 1~ ~ ;~ (III ~ ~~ ~~~1~,f~~ `~~~i~6i};~E~a ,~ ~ t~ j1 14t , ~ •-evo ,•1 R i, i j pp ~Ya a ~)= ~ ~ aj•s ai a~ F ~) .~a .~Tll .is e6i~ rl Na~ r a 8~ I. ~i I . 1 G\ 1 ~ 1~~ `~~ ~ ~• ~° ~ a' n . %a . a' ~i,7pyylry{Y..i ~ w+ I • ^^3i 1, 1 A AF a \ .U a ~~ I ~ a a ~~-~ ~ ,~ ~~ ~' I i D e I v D s e ~' ~ - '~'' +f A ¢ ~ ~I r A ° R ~ s ' 1-' F 9 .'~ r E A ~ • 1 ~ ~ ~~: A ~ ~g a9s~ 1• v~~ o ~~~ £BAp~& ~ne as -= 915 3: E ~~~~~t ~~~~~~ t! •t .-'~ i_ aJ r ~n ~ _ _ . , ~~ _ '~ f ~ ..... .aa. ilrcm. n J, !• ... `e ~~ , i!) t ~ ~} ,,~,~1~~ 4 uop ,< a ~ ~~e ~gg~~ qg~ I3$ ~ ~ ~Y4 Exhibit A -Page 1 CITY OF MERIDIAN PI,A~G DEPARTMENT STAFF REPORT FOR'T'HI~ARI)`TG DATE OF September 12, 2006 2. Landscape Plan (dated 5-19-0~ ® ~ ~ i` ~ i ~ i ~ ~ ; ( S3WOHNAAOlS JN12idS21bQ3O ~ ~' ' ~ ~ ft' {~' 1i ~ i ~ ~ ~ i ! I • . . ~ ~ ~j ~ ~ ' ~~i( il'1 ~~ . rt ~ a € ~ . t ~ F ~ ~ ~ ~ 1 ~ ~ ~ ~ ~€j l ll~q ~ I~f~i 1 • ~~ - ~ ` # . ~ Fi } $~ ~ ~ ~ ~ ~~~ ~ ~ ~ ~ ~ 1 11 ~ ~ ~~ i tl ~ ~ ~f t ~~ ~ ~ ~ ~ ~ f l~ ~UI~~ t e~ # ~~eil rlr~U l,r~ ~ [!~ ~ ,.# ~ 11 ~ f ~~ lr ~ .._.. .. .... . . .._ . i.. ~~ ~ •~ ~ ~3 I~ ~~1~ ~ i. `~ $ I • 1 ~ j Y 1 / tl [ t I /. Jpt.tapl{RY/ [ L• 19 ~Q[ _ ~ ~ ~ , ~.. : ~P ~ ~ ~ Iti a- .{ o `. . \ ` r ~ l ~ II 1 I l~ n N N ` N t N ~• N Y' mm aV • l a p N R s . .~' n ` . `- :~ m n C M1 m < t ~. ~ / ~ ^ ~ ~ h M ~ l N l • t { • ; r p! _ ~ ' Il l ~l . O Y ~ N ~ ~ ~ ~.` ~~l ~ I• d A ,J IQ ~ w ~ N• ry ~ ~ ~• -j R'1 ~" m ~. P •I ~, • ~ n v v n t ` r o n N ~ N ~ •• ~` I I• as us ` ~ti ~~ ~``..1 Exh-bit A -Page 2 CITY OF MERIDIAN PLA1~4 DEPAR'T`MENT STAFF REPORT FOR G DATE OF September 12, 2006 3. Elevations 3 z i m ~ ~- ~ : :~-~ ~ ~ ,, L ;. r.-_ . - ~ ,~--. ~, ~ ..i _.... r...' .._I _ i .... l _ _.T..~ }- •a y-- -. ...~_... .---...i -._ .. ~, 1 ti __._._.._......._, ~ ' :--.~. ...L _.. _... ~ ~ .. .. _..._.~ -~-- ~ _. ._._ .~l: :.-- . _ ..~ 1 .~ i• .._._~ `~ ---•- d ~. _....~__.... _~~ ,' ,; ~~ ~ ~ . ~ , ~` ~i •- ,- i I ,~`, . ~ T _ _.._!_._ _ ' 1 ~ r _.,_._ •, ~~.. ~~ a~te,aryay 74on~x] ~ .tk4 ~! "'•~+ •N Exhibit A -Page 3 CITY OF MERIDIAN PG DT~PARTM ENT STAFF REPORT FOR THl~AR1NG DATE OF September 1 Z, 2006 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS-pRELIMINARy pLAT (PP-06-033) 1.1.1 The preliminary plat plan labeled Sheet No. 1 of 3, prepared by JUB Engineers, Inc., dated June 28, 2006, is approved, with the conditions listed herein. All comments/conditions of the accompanying Rezone (RZ-06-006) shall also be considered conditions of the Preliminary plat (PP-06-033). 1.1.2 The landscape plan prepared. by The Land Group, on 5-19-06, labeled Sheet 1.00, is approved with the following modifications/notes: • The proposed micro pathway shall comply with all micro pathway landscaping standards as described in UDC 11-3B-12. • 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 X7DC 11-3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non- vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-11. If the storanwater detention facility cannot be incorporated. into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final plat. All standards of installation shall apply as listed in UDC 11-3B- 14. Submit revised landscape plans with the final plat application. 1.1.3 The lot sizes for Block 2, Lots 13-16 shall be expanded to 5,000 square feet or common drives shall be used to meet the minimum UDC requirements for lot sizes. 1.1.4 All of the common driveways proposed in this development shall meet the UDC standards for common driveways (UDC 11-6C-3D). 1.1.5 The applicant shall provide one public stub street to the Dyver Development, LLC property to the east (Amber Creek Subdivision, Parcel #51129223505). 1.1.6 Solid fencing shall be constructed around the perimeter of this site as proposed. 1.1.7 Maintenance of all common areas shall be the responsibility of the Cedar Springs Subdivision Homeowners' Association. 1.1.8 All irrigation ditches, laterals or canals, exclusive of natural waterways and the Letup Canal, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13, unless otherwise approved by the Irrigation District(s). Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to construction plan approval. If lateral users association approval c.an not be obtained, alternate plans will be reviewed and approved by the City Engineer. Exhibit B -Page 1 CITY OF MERIDIAN PG DEPARTMENT STAFF REPORT FOR TG DATE OF September 12, 2006 1.1.9 Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant shall be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle--point connection to the culinary water system shall be required. If a single-point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.1.10 No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department. 1.1.11 Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, irrigation, and landscaping shall be installed. Prior to signature of the final plat(s) by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sewer, water, etc. 1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT (PP-06-021) 1.2.1 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application(s). 1.2.2 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. A11 fencing should be installed in accordance with City Code. 1.2.3 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.2.4 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.5 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 Tats, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the Landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-1$, then the applicant shall relocate the facility. This may require losing a developable lot or developable azea. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.6 Coordinate fire hydrant placement with the City of Meridian Public Works Department. Exhibit B -Page 2 CITY OF MERIbIAN P(} DEPARTMENT STAFF REPORT FORRING DgTE OF September 12, 2006 1.2.7 Staff s failure to cite. specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.2.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Cedar Springs Subdivision. The applicant shall install mains to and through this property; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standazd Specifications. 2.2 Water service to this site is being proposed via extension of mains stubbed to this property in. Cedar Springs Subdivision. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-419, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.4 The applicant has indicated Settler's will own and operate the pressure irrigation system in this proposed development. Therefore, a letter of plan approval shall be submitted prior to scheduling a pre-construction meeting. 2.5 The City of Meridian requires that pressurized irrigation systems be supplied by ayear--round source of water (LTDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.6 All meter tiles located in a common driveway shall be upgrades to traffic rated materials per City of Meridian standard specifications. 2.7 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.8 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.9 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval ornon-approval submitted to the Public Works Departanaent prior to plan approval. Tf lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.10 Street signs are to be in place, water system shall be approved and activated, fencing installed, Exhibit B -Page 3 CITY OF MERIDIAN 1'LA1~G DEPARTMENT STAFF REPORT FOR'I'HE~ING DATE OF September h2, 2006 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. 2.11 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. 2.12 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaizxing certificates of occupancy. 2.13 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature orr the final plat. 2.14 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.15 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 2.16 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.17 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.18 Comgaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.19 The engineer shall be required to certify that the street centerline elevations are set a minimunn of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.20 One hundred watt, high pressure sodium streetlights shall be required at locations designated by the Public Works Department. Height far 100 watt fixtures is 25-feet, height for 2S0 watt fixtures is 30-feet. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. Fire Department 3.1 One and two family dwellings will require afire-flow of 1,000 gallows per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of S00' apart. International Fire Code Appendix C 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %Z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. Exhibit B -Page 4 CITY OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THING DATE OF September 12, 2006 e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18"above fuush grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. i. Fire sprinklers required for four plexes. 3.4 All entrance and internal roads shall have a forming radius of 28' inside and 48' outside radius. 3.5 The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved fuxn azound. 3.6 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.7 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 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 e:ffieient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.9 The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please contact the Public Works Dept. Addressing Specialist at 898-5500 to address this concern prior to the public hearing. 3.10 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.11 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. 3.12 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.13 There shall be no parking permitted on the proposed shared driveways. 4. Palice Department 4.1 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used, 5. Parks Department 5.1 The Parks Department has no concerns with the site design as submitted with the application. 6. Sanitary Service Company 6.1 SSC will not provide trash pick-up services utilizing the common driveway. The developer shall install a concrete pad at the end of the common drive no more than five (5) feet behind the Exhibit B -Page $ CITY OF MERIDIAN PG DEPARTMEAIT STAFF REPbRT FOR THI~ARING DATE OF September 12, 2006 sidewalk. The pad shall be of sufficient area to accommodate the receptacles of the residences that take access from the common driveway. 7. Ada County H3gLway District ~Speci~~nditrons o~pnroval 7.1a Construct a five foot detached concrete sidewalk south of the Letup Canal within an easement provided to the district. 7.2a Construct all internal streets as 36 foot street sections with rolled curb, gutter and 5-foot attached concrete sidewallc within 50-feet of right of way as proposed. 7.3a Construct stub streets to the surrounding properties as identified below. Install a sign at the terminus of each roadway stating, "THIS ROAD WILL BE EXTENDED IN THE FUTURE", • The stub street to the east is proposed to be located 160 feet north of the southeast property line (measured property line to center line). 7.4a Construct one entrance road to intersect Summit Way located approximately 240 feet south of the northwest property line in alignment with an existing stub street located off summit way. 7.Sa Other than the access specifically approved with this application, direct lot access is prohibited to McMillan Road and Summit Way and shall be noted on the final plat. 7.6a Comply with all Standard Conditions of Approval. tandard Conditio o royal 7.1 b Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2b Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of--way. 7.3b All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.4b 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.Sb Comply with the District's Tree Planter Width Interim Policy. 7.6b Utility street cuts in pavement less than five years old are not allowed unless approved in whiting by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.7b All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. Exhibit B -Page 6 CITY OF MERIDIAN P~G DEPARTMENT STAFF REPORT FOR THHI~AARING DATE OF September 12, 2006 7.Sb 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. 7.9b 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. 7.1 Ob Payment of applicable road impact fees aze required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.1 lb It is the responsibility of the applicant to verify all existing utilities within fire right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two fiil1 business days prior to breaking ground within ACRD right-of way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 7.12b 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. 7.13b 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 ether legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. Central District Health Departmen 8.1 After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must he submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito breeding problem. Exhibit ~--Page 7 CTTY OF MERIDIAN PT,AI~G DEPARTMENT STAFF REPORT FOR THp DATE OF September 12, 2006 C. Legal Description Project: 10-06-010 Date: June 2, 2006 EXHIBIT A-7 PARCEL DESCRIPTION R-8 ZONE BOUNDARY That portion of the West 1h of the Northeast ~/ of Section 36, Township 4 North, Range i West, Boise Meridian, Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the North Y< corner of Section 36, marked by a brass cap; thence along the Northerly boundary of the Northeast ~/., South 89°27'39" East, 1,340.85 feet to the Northeast comer of the West'4 of the Northeast ~/,; thence South 00°28'44" West, 85.00 feet; thence North 89°2T39" west, 15.00 feet; thence South 00°28'44" West, 185,04 feet and the POINT OF BEGINNING; . thence continuing South 00°28'44° West, 512,80 feet; thence North $9°31'16" West, 140.67 feet; thence South 75° 53'20" West, 328.18 feet; thence North 31°34'21" West, 134,54 feet; thence North 80°3826" West, 128.98 feet; thence along anon-tangent curve to the left 101.07 feet, having a radius of 82.00 feet, a delta of 70°37'23°, and a long chord which bears North 08'58'27" East, 94,80 feet; thence North 21 ° 32'21" East, 39.18 feet; thence along a curve to the left 93.46 feet, having a radius of 255.00 feet, a delta of 21 °00'00", and a long chard which bears North 11°02'21" East, 92.94 feet; thence North 00°32'21° East, 177.41 feet; thence South 89`27'39° East, 116.00 Peat; thence South 00°33'10" West, 279.73 feet; thence along anon-tangent curve to the left 86.39 feet, having a radius of 55.00 feet, a delta of 90°00'00°, and a long chard which bears South 44°26'2i" East, 77.78 feet; thence South 89' 26'20" East, 315.42 feet; thence along anon-tangent curve to the left 86.47 feet, having a radius of 55.00 feet, a delta of 90°04'34', and a long chord which bears North 45°31'22° East, 77.83 feet; thence North 00°33'10" East, 282.95 feet; thence along anon-tangent Curve to the left 37.07 feet, having a radius of 55.00 feet, a delta of 38° 3T21", and a long chord which bears North 18'49'57" West, 36-38 feet; thence North 66 ° 00'06" East, 57,18 feet; thence South 88°47'44" East, 85.07 feet to the POINT OF BEGINNING, Containing 4.224 acres, more or less. END OF DESCRIPTION. Prepared by: J•U-8 ENGINEERS, Inc. Ronald M. Hodee° P.LS. ,p REVI w APPROyAIC.~~'~ O ~ BY 857 I~~ o• z-D~ :b j P OF ~~ 0~ MERi01AN PU9LIC ,,n0 a+r'JRK.S QEPr. RMHJjchahc rws~,o-as•o,o • ceder spru,as r~,r,~„e,~fo-oe-o,aues~n~t;~,vc-e aNnRr.da Exlu~bit C -page 1 CITY OF MERIDIAN PG DEPARTMENT STAFF REPORT FOR THE~I,RING DgTE OF September 12, 2006 N t/4 CORNER ~ CQdtF INiR.~103178918 McMillan Road - - E i/16 ~ S 89'27'39` E 1340.85' ~ ` s ooze'a4• es.oo' N 89'27'39" W- 75.pp' a, f v, S88 47'44 N86'00'06`E-~~ 85.07' 57 18' ~ "' - 1 6 . .R. ~ - _ 1 w00 _ ~ ~ Iu I I N : ~ j I I nl I . _ . _ { ~~ I f ~ ~ . _ ...,-- ... _. - - •; ~ i ~ ° ~ ~ ~ - I I ~! I o t • _; .. , Q .. I I :~I ! .., SCALE: t °=1~00~ ~ ~ ~ ~ '~I ~ ~ ~I ~I ~ ~ ~ of ~I Net 3a'2t'c i ' ~ ~ ,~ I I . ' ' " . . ~ ~ .,..~ ~ ~Y i 26 20 .._ ~ S8~ Ea3~5.42- I N,,~ ~ --i.. ~ - ...._.. I t `lag eg. : ~ „„~ "'` . CURVE TABLE CURVE LENGTH RADIUS TANGENT DELTA CHORD BEARING CHORD C1 101.07 82.00 58.08 7'37'23° '58'27° 94 80 C2 93.48 255.00 47.26 •00'p N1t' 2' 1°E . 92 84 C3 86.39 55.00 58,00 '00' p• 44 8'21• . 77 78 C4 88.47 55.00 55.07 '04'34" N45' "E . 77 83 C5 37.07 55.00 19.27 21 ` N 'S7" . 36.38 `• ~`~`~i~ ~ ~ _ ` N8931°16'W t90.67' ~j \ ~ S'~' ~~ ~ 1-~` CEDAR SPRINGS \ ~ ~'°~ ~ SU9DIVISION N0. 8 ~:. ,•„ ~ PUBLIC DEPT. R-e 7.ONINt~1 BbUNDARV Exhibit C -Page 2 CITY OF MERIDIAN PG DEPARTMENT STAFF REPORT FOR TH G DATE OF September 12, 2006 EXHIBIT A°1 PARCEL DESCRIPTION R-15 ZONE BOUNDARY That portion of the West'/z of the Northeast'/a of Section 3b, Township 4 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, and more partitutarly described as follows: Commencing at the North 1 /4 comer of Section 36, marked by a brass cap; thence along the Northerly boundary of the Northeast ~/., South 89°2T39" East, 1,340.85 feet to the Northeast comer of the West %z of the Northeast'/,; thence South 00°28'44" West, 85.00 feet; thence North 89°2T39" West, 15.00 feet to the POINT OF BEGINNING; thence South 00 ° 28'44" West, 185.04 feet; thence North 88°47'44" West, 85.07 feet; thence South 66°00'06' west, 57.18 feet; thence along a norntangent curve to the right 37.07 feet, having a radius of 55.00 feet, a delta of 38°3721", and a long chord which bears South 18°49'5T East, 36.38 feet; thence South 00°33'10" West, 282.95 feet; thence along anon-tangent Curve to the ffght 86.47 feet, having a radius of 55.00 feet, a delta of gp°04'34°, and a long Chard which bears South 45°3122" West, 77.83 feet; thence North 89°26'20" West, 315.42 feet; thence along anon-tangent curve to the right 86.39 feet, having a radius of 55.00 feet, a delta of 90°00'00", and a long chord which bears North 44°2621° West, 77.78 feet; thence North 00°33'10" East, 279.73 feet; thence North 89`27'39" West, 116.00 feet; thence North 00°32'21" East, 245.24 feet; thence South 89°27'34' East, 686.24 feet to the POINT OF BEGINNING. Containing 6.822 acres, more or less. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. Ii 8575 ~.t"oa RMH/ jch:lhc APpROV,~' `~ A~~ ~' gY tVttirn~~:yAy ~EPTiG .~. . P:\OSf~to-06-pto -Cedar Springs TownhomesNO-06.070-PFS1DeseriptlonlR-ts BNDRY.doc Project: 10.06.010 Date: June Z, 2006 Exhibit C -Page 3 CITY OF MERIDIAN 1'LAI~Q DEPARTMENT' STAFF' REPORT FOR TH~ARINC DATE OF September 12, 2000 CURVE TABLE .NGENT DELTA CHORD BEARING CHORD REV EW APPRO AL 3Y .(;y ~r„r.. N 1/4 CORNER CPdeF IN7R.~103178918 25 3s McMillan Road ~ t~7e ~ s oo'2e•44• w es.oo' i ~ .a~ r~ _~ C.l . S 89'2738' E 1340.89' a ~ W~ "- "T -' - I i I ~ ~ .~ ' SCALE; 1"=1 ° 0' R-18 ZONING BOUNDARY S! 89'27'39"E 666.24' ~T~- "~ N 88.2739• w i'PIOIAN~UBLIC ~ -~:t~PF EPT. I I i "~^~'-'~^° POINT OF; BEgNNING N ' ~ ' ~ - .. .. ..._ ~ ~ ~ $ ~ y N - ~ i° - ~ i. i ,~ ~~ i • ~ co ~ ~~ Q Z - ... - ..._ . .-.. .. .. -i s ;,e r. t N89'27'39"'1~V . ' ... , ., . - --• I : -I -..._ .. - I ~ . <<'' ' ' N88 47' "W 116_00 ~ 1 , 85.0T ~ I - _ I ' ii ~ ~ i 57.181 I ^' _ 4• --• i ..-. .. ... i i i t I O ~-i r~l ~ ~ I ± ! of _' ! ~ s ~ ~ I ' I ~ .... _ . - . ~ _ --- g X1 ' I -• ` J L I • -- I ± 3 i i ~ I ~ ill ~ ~ :: i 1 i I I l I -- _ ~ ~ ' , ~ _ N89'26'20"W 315.42 ~ _ --~~ 8575 ~ , _.._ - ~. ----....-...--, __.--- -,-- ~ I Exhibit C -Page 4 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR TH~ARING DATE pF MARCH 16, 2006 D. Required Findings from Unified Development Code 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: A. The map amendment complies with the applicable provisions of the comprehensive plan; Gity Council finds that the proposed zoning is in general conformance with the comprehensive plan (please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; City Council finds that the development of this property should be required to comply with the established regulations and purpose statements of the requested zone. See Section 10, Analysis above for information an the regulations that need to be complied with. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; City Council finds that the proposed rezone, and subsequent development of this property shall not be detrimental to the public health, safety and/or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determtining 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, bnt not limited to, school districts; and, 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 (IJDC 11-SB-3.E). This finding is not applicable to the rezone request. 2. Preliminary Plat Findings: itn 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 iun conformance with the Comprehensive Plan; City Council finds that the proposed plat is in general conformance with the comprehensive plan (please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. Public services are available or can be made available and are adequate to Exhibit D -Page 1 ®` CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR ~ARING DATE OF MARCH 16, 2006 accommodate the proposed development; City Council finds that services can be made available to accommodate the proposed development. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, 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; City Council recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determi~oe this finding. (See fording Items 3 and 4 above under Annexation Findings above, and the Agency Comments and Conditions in Exhibit B for more detail.) E. The development will not be detrimental to the public health, safety or general welfare; and City Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACHI) considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. F. The development preserves significant natural, scenic or historic features. City Council is unawaze of any other natural, scenic or historic features on this site. Therefore, City Council f nds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is uuawaze. Exhibit D -Page 2 November 3, 2006 MERIDIAN CITY COUNCIL MEETING November 8, 2006 APPLICANT ITEM NO. S-R REQUEST Agreement for Professional Services with Civil Survey Consultants, Inc. for Engineering Services for Utility Projects in Conjunction with ACRD Project 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: k~pb ,,~ ~ I I' l I~~ Contacted: Date: Phone: Emailed: Staff Initials• AAoterials presented at public meetMgs shall become property of fhe CHy of MedcUan. COMMENTS See attached • • November 3, 20(}6 AZ 05-056 MERIDIAN CITY COUNCIL MEETING Noverf')ber 8, 2006 APPLICANT JBS Enterprises, LLC ITEM NO. S-S REQUEST Development Agreement -Request for Annexation and Zoning of 6.08 acres from RUT to TN-Rand 4.07 acres from RUT to C-C zone for Horks Canyon Creek Subdivision -- 1845 West Franklin Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: GTTY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: us wESr: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See adtached Development Agreement Date• ~ ®~ Phone• ~ ~~ ~~~ ~~~/~/~./ Staff Initials: at pubNc meeHnes ahaN t~ecome properly of the City of Merldipn. ADA COUNTY RECORDER AVID NAVARRO AMOUNT .00 59 BOISE IDAH011116/06 OM DEPUTY Yield Allen RECORDED-REQUEST OF III I~IIIII'll'~~~~I'llllll ~ II City of Meridian 1 ~6 i 513312 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Franklin Centre, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this 27''= day of f.Lf~k~~ , 2006, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called "CITY', and Franklin Centre, LLC, whose address is 1767 West Franklin Road, Meridian, Idaho 83642 hereinafter called "OWNER/DEVELOPER". 1. RECTTALS: 1.1 WHEREAS, "OWNER/DEVELOPER" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. § 67-6511A, 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 of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Meridian City Code Section 11, Unified Development Code, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owner/Developer" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (C-C) Community Business District and TN-R (Traditional Neighborhood Residential), (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owner/Developer" made representations atthe public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT (AZ OS-056) HARKS CANYON CREEK SUBDIVISION PAGE 1 OF 11 • ~ 1.6 WHEIREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Properly" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 25`s day of April, 2006, has approved certain Fmdings 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 Fmdings require the "Owner/Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER/DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owner/Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Propert3~' is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re- zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: DEVELOPMENT AGREEMENT (AZ 05-056) HARKS CANYON CREEK SUBDIVISION PAGE 2 OF I 1 • 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a parry to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER/DEVELOPER": means and refers to Franklin Centre, LLC, whose address is 1767 West Franklin Road, Meridian, ID 83642 the party developing said "Property" and shall include any subsequent owners and/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 pazcels to be annexed and zoned C-C (Community Business District) and TN-R (Traditional Neighborhood Residential) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY TffiS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement aze only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Unified. Development Code: Application for a Certificate of Zoning Compliance shall be submitted to the City of Meridian prior to a future development in the C-C and TN-R zones, and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ OS-056 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. DEVELOPMENT AGREEMENT (AZ OS-056) HARKS CANYON CREEK SUBDIVISION PAGE 3 OF 11 i ~ 5. DEVELOPMENT IN CONDITIONAL USE: "Owner/Developer" has submitted to "City" an application for conditional use permit site plan dated July 19, 2005, and shall be required to obtain the "City"' approval thereof, in accordance to the City's Zoning and Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. No new buildings are approved for construction under this conceptual CUP/PD application. All future buildings shall require approval of a detailed CUP prior to submittal of any Certificate of Zoning Compliance application and/or building permit. This section shall only apply to the C-C zone. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1. "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: 1. That the "Owner/Developer" will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services aze available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 2. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfaze by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 3. The Owner/Developer shall provide a surety agreement for the construction of the multi-use pathway and bridge in accordance to UDC 11/SC unless a development application has been submitted for Lot 19 Block 3 prior to the issuance of the first certificate of occupancy in Harks Canyon Creek Subdivision. 4. The Owner/Developer shall coordinate with the Meridian Parks Department and Nampa Meridian Irrigation District to define the DEVELOPMENT AGREEMENT (AZ OS-056) HARKS CANYON CREEK SUBDIVISION PAGE 4 OF 11 location of the multiuse pathway, bridge maintenance, and landscaping along the Ten Mile Creek. 5. The Owner/Developershall maintain Lot 19, Block 3 in a state free of accumulation of junk, noxious weeds, and shall install a temporary construction fence along the south boundary of Lot 5 Block 3 to limit public access to Lot 19, Block 3 and the Ten Mile Creek during construction. 6. The Owner/Developer has agreed that all of the TN-R residential units will be constructed with fire sprinkler systems to mitigate for the 5' setback to alley required by the Meridian Fire Department as discussed in April 4, 2006. 7. That the Owner/Developer shall provide trash pickuplrefuse pads at the end of the dead end -shortened alley as shown on the site plan and discussed on Apri14, 2006. 7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner/Developer" or "Owners/Developers"heirs, successors, assigns, to comply with Scetion 6 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in Idaho Code § 67- 6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner/Developer" consents upon default to the reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner/Developer" and if the "Owner/Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owner/Developer" shall, immediately upon completion of any portion or the entiXety 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 DEVELOPMENT AGREEMENT (AZ OS-056) HARKS CANYON CREEK SUBDIVISION PAGE 5 OF 11 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 "Owner/Developer", "Owner/Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the `p'roperty", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owner/Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner/Developer's"rust, and submit proof of such recording to "Owner/Developer", prior to the third reading of the Meridian Zoning Ordinance inconnectionwiththe 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 "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. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner/Developer" shall have thirty (30) days after DEVELOPMENT AGREEMENT (AZ OS-056) HARKS CANYON CREEK SUBDIVISION PAGE 6 OF 11 delivery of notice of said breach to correct the same prior to the non- breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner/Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFQRMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code, to insure that installation of the improvements, which the "Owner/Developer" .agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "OwnerlDeveloper" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner/Developer" has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owner/Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 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 certifiied mail, postage prepaid, return receipt requested, addressed as follows: DEVELOPMENT AGREEMENT (AZ OS-056) HARKS CANYON CREEK SUBDIVISION PAGE 7 OF 11 r~ ~J cITY: c% City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 i OWNER/DEVELOPER: Franklin Centre, LLC 1767 West Franklin Road Meridian, ID 83642 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing parry 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. TIlVIIG IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDIIN!G 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" of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed "City" DEVELOPMENT AGREEMENT (AZ OS-056) HARKS CANYON CREEK SUBDIVISION PAGE 8 OF 11 • agrees, upon written request of "Owner/Developer", to execute apprgpriate 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. IlWALID 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 aze 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". 22.1 No condition governing the usesand/or conditions governing re-zoning of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ OS-056) HARKS CANYON CREEK SUBDIVISION PAGE 9 OF 11 ACKNOWLEDGMENTS IN PiTTTNESS WHEREOF, the parties have herein. executed this agreement and made it effective as hereinabove provided. CITY OF MERIDIAN MAYOR de WEERD Attest: ~ `tee ~ sue' ~~ ~~ ~ e Y~. ~yr~ 61!l3~t:~ CITY CLERK ~_ ~ ~d 1 '~s//~8~1dllifli 6310i94C°~4~~aho, DEVELOPMENT AGREEMENT (AZ OS-056) HARKS CANYON CREEK SUBDIVISION PAGE 10 OF 11 OWNER /DEVELOPER • STATE OF IDAHO ) ss County of Ada ) On this ~1~lday of ~~~Fti~ .~ , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared 1.~ i' r u V(~~ }-~'~S on behalf of Franklin Centre, LLC, known or id ne~ttfied to me to be the of said corporation, who executed the instrument on behalf of said corporatibfn, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ®o®,.. ^ er~,is (S)i ~ i ~ • B ~ ~ ~ ~ e • ° ~ • ° . f e` G Br® ~ STATE OF IDAHO ) ss County of Ada ) y~y..,, Notary Public for Idaho Residing at: ~(~~ ~LLt'.~~ ~. 11'~ My Commission Expires: I('~~ ~ I-l 1 On this ~~' ~ day of 1V ~~,'-'(iV'V~. , 2()06, before me, aNotary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day~r in this certificate first above written (SEAL) ~~ ~" . " ~ • No Public for o ~; . tart Idah r P * Residing at: "V~.1..VJ~ ~, ~ ;,,a* Commission expires: 1 t~ --1 ~-- I p s DEVELOPMENT OS-056) HARKS CANYON CREEK SUBDIVISION PAGE 11 OF 11 • Project Na. 2246 FRANI~IN CENTRE, LLC HARKS CANYON CREEK SUBDIVISION TOTAL PROJECT BOUNDARY DESCRIPTION October 13, 2005 A PARCEL OF LAND IN THE WEST 1!2 OF THE NORTHEAST 114 OF THE NOR'TI-~AEST 1/4 OF SECTION 14, T. 3 N., R. 1 W., B.M., ADA COUNTY, IDAHO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 14, THENCE N 89° 13' 1 ~" W ALONG THE NORTH BOUNDARY OF SAID SECTION 14 AND THE CENTERLINE OF FRANKI.,IN ROAD FOR A DISTANCE OF 664.47 FEET TO THE EAST BOUNDARY OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 14, THE REAL POINT OF BEGINNING; THENCE CONTIlWING N 89°13' 17" W ALONG SAID NORTH BOUNDARY AND CENTERLINE FOR A DISTANCE OF 664.46 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST 114 OF THE NORTHEAST U4 OF SAID SECTION 14; THENCE S 00°34' 18" W ALONG THE WEST BOUNDARY OF THE NORTHEAST 1/4 OF THE NORTHEAST U4 OF SAID SECTION 14, FORA DISTANCE OF 758.64 FEET; THENCE N 75°0T43" E FOR A DISTANCE OF 689.45 FEET TO THE EAST BOUNDARY OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 14, ALSO BEING THE WEST BOUNDARY OF VAN HEES SUBDIVISION; THENCE N 00°33'43" E ALONG SAID EAST BOUNDARY FOR A DISTANCE OF 572.b5 FEET TO THE REAL POINT OF BEGINNIl~TG, CONTAINING 10.15 ACRES OF LAND, MORE OR LESS. PREPARED BY: TODD R WATTS P.L.S. C:~Pro3ects\Va~oi~s (224~1Documentstvndyaegdoc~-1- C[~b~'r~ ~ 1~1i~~ ~~fiSlJf~l~i e~g~~~rs & ~~N~o~ rzo tom, C Roca eon is s~o~ (toe} 3rs Fox (sae) a29-986a .Project No. 2246 FRANI~IN CENTRE, LLC HARKS CANYON CREEK SUBDIVISION TN-R REZONE BOUNDARY DESCRIPTIOAT October 13, 20x5 A PARCEL OF LAND IN THE WEST 1/2 OF THE NORTHEAST 114 OF THE NORTHEAST 1/4 OF SECTION 14, T. 3 N., R I W., B.M., ADA COUNTY, II3AH0, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 14, THENCE N 89° 13' 17" W ALONG THE NORTH BOUNDARY OF SAID SECTION 14 AND THE CENTERLINE OF FRANKLIN ROAD FOR A DISTANCE OF 1328.93 FEET TO THE WEST BOUNDARY OF THE NORTHEAST 1/4 OF THE NORTHEAST U4 OF SAID SECTION 14; THENCE S 00°34' 18" W ALONG SAID WEST BOUNDARY FOR A DISTANCE OF 193.00 FEET TO THE REAL POINT CIF BEGINNING; THENCE CONTINUING S 00°34' 18" W ALONG SAID WEST BOUNDARY FOR A DISTANCE OF 565.64 FEET; THENCE N 75°0743" E FOR A DISTANCE OF 689.45 FEET TO THE EAST BOUNDARY OF THE WEST U2 OF THE NORTHEAST ll4 OF THE NORTHEAST i/4 OF SAID SECTION 14, ALSO BEING THE WEST BOUNDARY OF VAN HESS SUBDIVISION; THENCE N 00°33'43" E ALONG SAID EAST BOUNDARY FOR A DISTANCE OF 112.23 FEET; THENCE N 89°I3' 17" W FOR A DISTANCE OF 183.34 FEET; THENCE N 00°33'43" E FOR A DISTANCE OF 267.42 FEET; THENCE N 89°13' 17" W FOR A DISTANCE OF 481.16 FEET' TO THE REAL POINT OF BEGINNING, CONTAINING b.08 ACRES OF LAND, MORE OR LESS. PREPARED BY: TODD R. WAITS F.L.S. C:\Prajects\VanHees (2245)1Docwnents\vanheesTN Rd~-1- 1__I Project No. 2246 FRANICI,IN CENTRE, LLC F[ARKS CANYON CREEK SUBDIVISION CC REZONE BOUNDARY DESCRIPTION October 13, 2005 A PARCEL OF LAND IN THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST l/4 OF SECTION 14, T. 3 N., R 1 W., B.M., ADA COUNTY, IDAHO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 14, THENCE N 89°l3' 1T' W ALONG THE NORTH BOUNDARY OF SAID SECTION 14 AND THE CENTERLINE OF FRANI~I.IlV ROAD FOR A DISTANCE OF 664.47 FEET TO THE EAST BOUNDARY OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 14, THE REAL POINT OF BEGIAIlVING; THENCE CONTINUING N 89° 13' 1 T' W ALONG SAID NORTH BOUNDARY AND CENTERLINE FOR A DISTANCE OF 664.46 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE NORTHEAST 1!4 OF SAID SECTION 14; THENCE S 00°34' 18" W ALONG THE WEST BOUNDARY OF THE NORTf~AST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 14, FOR A DISTANCE OF 193.00 FEET; THENCE S 89° 13' 1 T' E FOR A DISTANCE OF 481.16 FEET; THENCE S 00°33'43" W FOR A DISTANCE OF 267.42 FEET; THENCE S 89° 13' I7" E FOR A DISTANCE OF 183.34 FEET TO THE EAST BOUNDARY OF THE WEST U2 OF THE NORTHEAST ll4 OF THE NORTi~AST 1/4 OF SAID SECTION 14, ALSO BEING THE WEST BOUNDARY OF VAN HESS SUBDIVISION; THENCE N 00°33'43" E ALONG SAID EAST BOUNDARY FOR A DISTANCE OF 460.42 FEET TO THE REAL POIlVT OF BEGINNING, CONTAINING 4.07 ACRES OF LAND, MORE OR LESS. PREPARED BY: TODD R. WAITS P.L.S. C:1ProjectsiVanHees (224~i 1DocumentsivanhcesZONECC.~oc-1- CITY OF MERIDIAN PI~NWG DEPARTMENT STAFF REPORT FOR THE HF~VG DATE OF OCTOBER 10, 2006 STAFF REPORT Hearing Date: 10/1012006 TO: Mayor and City Council FROM: Jenny Veatch, Assistant City Planner SUBJECT: r e-mr rah ~. 4 ~'~"1~1~1? Y ~, ux~~o ~ ..~ Harks Canyon Creek Development Agreement Modification - MI-06-006 Request to Modify the (Draft) Development Agreement for Harks Canyon Creek by allowing temporary construction fencing along Lot 5, Block 3, rather than a permanent fence that would limit public access to the Ten Mile Creek waterway, an approved amenity, by Franklin Centre, LLC. 1. SUNII1?ARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Franklin Centre, LLC, has submitted a Miscellaneous Application (MI) requesting modification to a draft Development Agreement for Harks Canyon Creek Subdivision, which is located near the southwest corner of Linder Road and Franklin Road, in a proposed C-C and TN-R zone. NOTE: The subject Development Agreement has not yet been recorded. The applicant is proposing to amend Site Specific Condition #6.1.5 on the fifth page of the unsigned Development Agreement for AZ-OS-056, PP- OS-058 and CUP-05-O51, as detail~l below. Sfte Specific Condition #6.1.5 states: The Owner/Developer shall maintain Lot 19, Block 3 in a state free of accumulation of junk, noxious weeds, and shall fence the perimeter of Lot S, Block 3 to limit public access to the waterway. The applicant is proposing to construct temporary construction fencing between Lot 5, Block 3 (the service road) and Lot 19, Block 3, (Phase II of the residential development), rather than provide a permanent fence which would limit public access to the Ten Mile Creek waterway. The Ten Mile Creek waterway is a proposed amenity within this development. Construction fencing will help to prevent litter from entering Lot 19 and the Ten Mile Greek during construction of the first phase of development, but can be removed after the subdivision is built out, allowing residents better access to the water amenity. The City has sent out notices of the subject request in accordance with the current standards for public hearings (see Section 4 below for publication dates.) There are no required findings for a miscellaneous application/development agreement modification. Below, in the History/Staff Analysis section, Staff has provided the most pertinent facts and analysis related to the proposed development agreement modification. 2. LOCATION & SURROUNDING USES The subject property is located on the southwest corner of Linder Road and Franklin Road, in Section 14, Township 3 North, Range 1 West. The following uses surround the subject property: 1. North: Caffarelli Subdivision, I-L 2. East: Harks Corner, C-C, and Vam Hees Subdivision, R-1 3. South: Whitestone Estates, R-4, and Ten Mile Creek Harks Canyon Creek Subdivision Development Agreem~t Modification / MI-o6-Q06 Page l CITY OF MERIDIAN I'1~1NG DEPARTI41E1V1' STAFF REPORT l:OR THE HF~G DATE OF OCTOBER 10, 2006 4. West: Agricultural Ada County RUT and Rl 3.OWNER OF RECORD The property owner of record Franklin Centre, LLC, has submitted the subject application. 4. PROCESS FACTS a. Miscellaneous applications are not currently addressed in Title 11 of the Meridian City Code. It has been deternuned by the City's Legal Department that a miscellaneous application to amend a recorded development agreement will in fact require a public hearing before the City Council. b. Newspaper notifications published on: August 28s' and September 1 I~', 2006 (for City Council hearing) c. Radius notices mailed to properties within 300 feet an: August 25'x, 2006 (for City Council hearing) d. Applicant posted notice on site by: September 29, 2006 (for City Council hearing) 5. HISTORY/STAFF ANALYSIS The Meridian City Council approved the Harks Canyon Creek Subdivision applications on Apri14, 2006 and the Findings of Fact and Conclusions of Law were approved on Apri125, 2006. At the public hearings regarding AZ-OS-056, PP-05-058 and CUP-OS-051, the issue of fencing along the Ten Mile Creek was not discussed. Subsequent to the approval, the applicant discovered the provision in the Develop~oaent Agreement regarding the permanent fencing requirement along Lot 5, Block 3 and asked Staff if temporary construction fencing could be installed instead. Staff prepared the Report for Harks Canyon Creek to reflect the general fencing requirements of the UDC and the Master Pathway Agreement between the Nampa & Meridian Irrigation District (N1VIID) and the City of Meridian. Said Agreement requires the City to take appropriate action to protect the public who use the pathways and to prevent litter, trash or other material to gather or be deposited along the pathway. The UDC requires 6-foot tall chain-link fencing along waterways, unless it can be demonstrated by the applicant that the waterway will be improved or developed as a water amenity. Construction drawings and relevant calculations prepared by a qualified licensed professional registered in the State of Idaho shall be submitted to both the Director and the authorized representative of the water facility for approval (LTDC-11-3A-6B). On September 13, 2006, Staff received written notice from the Nampa & Meridian irrigation District, stating that they do not require fencing to protect the Ten Mile. Because NMID is not requiring the Ten Mile to be fenced because temporary construction fencing will be installed by the applicant to prevent litter, trash and other construction materials from entering the waterway and because the applicant is proyosma to use the Ten Mile as a site amenity staff believes t o emp nary construction fencing is appropriate in this location. Staff recommends that the City Council reference any public testimony that may be provided on this subject at the public hearing. 6. RECOMMENDATION: Staff recommends that an amendment to the draft Develoument Agreement for Harks Canyon Creek be aunroved as requested by the applicant. Staff further recommends that the Council direct Leval Department Staff to amend the draft DA by removing: the requirement for a permanent fence alone Lot 5 Block 3 with a requirement for temporaryconstruction fencing to be installed along the south side of Lat S Block 3 (currently provision #61 5 an the fifth page of the drat} DA). Harks Canyon Creek Subdivision Development Agreement Modification / MI-06-0(16 Page 2 CITY OF MERIDIAN PO DEPARTMENT STAFF REPORT FOR THE HF~G DATE OF OCTOBER 10, 2006 7. E~~ITS: A. Drawings 1. Site Map Plan (dated: October 2005) 2. Landscape Plan (dated: June, 2006) darks Canyon Creek Subdivision Developrn~t Agreement Modification / MI-Ob-OOb Page 3 C]TY OF rilirltlDIAN PING DEPARTMENT STAFF REPORT FOR THE HF~G DATE OF OCTOBER 10, 2006 FRANKLIN R 0 A 0 y - ~ _ t-~3 _ o 0 '~ ' BLAAI' 2t ® a O p ~~ ° ~ ~ T/V-/Q f r "'~ ' - .r~ I ~ N .1, ~ E tL~°_ .. KN w+~ 1-rT'~r ~ nwba~ q~T~B`Y~' ~+ uc. . ~ VAN ItEES S U B D I Y I S I O N • ~.~.~. * ~..~ ...~ _ ~ .~ .. a„. ~~ Harks Canyon Creek Subdivision Development Agreement Modification / MI-06-006 Exhibit A Page 1 C1TY OF MERIDIAN P~NG D1~ARTMEIV1-STAFF REPORT FOR'fYiE 1G bATE OF OCTOBER 10, 2006 Mq `~'V ~ • fV ~ • ~l%1 :wi;~.~ :..w .~ f. ~~ .{' ~.~: ~~.« r. i ,~1 ~i .. .r. .. .;I .. ,, .~: irvs a: ~ ., ~(-pyRi •~4M ••(. Temporary fence location ............... Future Pathway --------------------- Ten Mile Drain Yti -~i i %~% . ,~,,,T ~i. p~ADtl~ ~a~.e~a 1....... Harks Canyon Creek Subdivision Development Agreement Modification / MI-0b-006 Exhibit A page 2 -~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~ RECEIVED APR 31 ~ ~:~, ~~,~ ~;~ ~ `~,~ t -~ 4iu 1,~ .7'~fAttWt ~~ W'Zy 1 - ' In the Matter of Annezation and Zoning of 10.15 acres to C-C zone (Community Business District) for 6.0$ acres of the site and a TN'-R (Traditional Neighborhood- R,esideni3al) for 4.07 acres of the site AND Preliminary Plat Approval for 29 single family lots, 7 commercial lots, and $ common/other lots AND a Conditional Use Permit for a mined use development within 300' of a residential district, for Harks Canyon Creek Subdivision, by Franklin Centre, LLC. Case No(s). AZ-OS-OS4/PP-OS-058/CUP-OS-051 For the City Council Hearing Date of: April 25, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of Apri125, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of Apri125, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 25, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code {see attached Staff Report for the hearing date of Apri125, 2006 incorporated by reference) B. Conclusions of Law 1. The City ofMeridian 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. OZ-382 and Maps. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-054/PP-OS-058/GI1P-OS-051-PAGE 1 of ~ 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. S. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of January 10, 2006 incorporated by reference. The conditions aze concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary plat dated October 2005 is hereby conditionally approved; and, 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated January 29, 2005 is herby conditionally approved; and 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of Apri125, 2006 incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the 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 prelimvnary plat approval. Upon written request CITY QF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-054/PP-0S-0S$/CUP-OS-0Si-PAGE 2 of4 and filed by the applicant prior to the termination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2, Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty_eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attach~l: Staff Report for the hearing date of Apri125, 2006 By action of the City Council at its regular meeting held on the Z.~'~ day of 2006. COUNCIL MEMBER SHAUN WARDLE COUNCII, MEMBER JOE NORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD VOTED_~~~C~-- VOTED i~~-C.~.i VOTED_~~~~.- VOTED__ (~~~_ VOTED ~- ,, YO A de WEERD CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). Az-OS-054/PP-OS-058/CUF-OS-051- PAGE 3 of 4 `'~R,~~1~11{IiFtttJiti~Jl+ri '' lJ ~"t`' ~ r'~~ ATTEST: - ° -~`s.::~.:...~a ,p- ' WILLIAM G. BERG JR. CLERK ~` `~' fit" ~.`` ~~f'rf t~JJrfl~t~~1~~s~a yea` Copy served upon: / Applicant ~ Planning Department ~-Public Works Department ~-City Attorney By: Dated: 5-fit .0 cn City C1erk's Office CITY OF MERII.IIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-054/PP-05-058/CUP-05-051- PAGE 4 of4 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR THB HEARING DATE OF 4/25/2006 STAFF REPORT Meridian Ciry Council Hearing Date: Apri125, 2006 City Council hearing date: April 7, 2006 City Council hearing date: March 7, 2006 City Council hearing date: February 7, 2006 T® Meridian City Council FROM: Meridian Planning Commission STAFF: Joe Guenther, Associate City Planner SUBJECT Harks Canyon Creek Subdivision AZ-05-056 tYrY nF '~ ~. ~u.wc, APR 21 20D6 City Oi'Meridian. City Clerk floe Annexation of 10.15 acres from RUT to 4.07 acres C-C (Commwa~ity Business) and 6A8 acres TN-R (Traditional Neighborhood Residential) PP-OS-058 .Preliminary Plat for 29 Single-family residential lots 7 commercial lots and 8 other lots CUP-05-051 Conditional Use Permit for a mixed use development within 300' of a residence l.. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant is requesting annexation and zoning of 10.15 acres of land that is currently zoned RUT in Ada County. The applicant is seeking a C-C zone (Community Business District) for 6A8 acres of the site and a TN R (Traditional Neighborhood- Residential) for 4.07 acres of the site. The applicant has submitted a preliminary plat for the subject property requesting 29 single-family residential lots, 7 commercial lots and 8 common/other lots for the 9.47 acres plat. The applicant has also submitted a conditional use permit for a mixed use development within 300' 2. SUMMARY RECOMMENDATION: Meridian Planning and Zoning Commission heard the item on January 5, 2006. At the public hearing they moved unanimously to recommend approval. a. Summary of Public Hearing: i. In favor: Jane Suggs, JBS Consulting ii. In opposition: None. iii. Commenting: None iv. Staffpresenting application: Joe Guenther, Associate City Planner v. Other staff commenting on application: Mike Cole, Development Services Coordinator. b. Key Issues of Discussion by Commission: i. - Location of the site in relation to industrial uses on Franklin Road ii. -Lot 19 Block 1, the open space lot south of the site which will be for future development. iii. -Lot 5 Block 1 will be reconfigured from one lot to approximately five lots which the east/west portions will be service drives and the north/south portions will be either public or private streets for future connection to Lot 19. c. Key Commission Changes to Staff Recommendation: Harks Canyon Creek Subdivision AZ-OS-054/PP-05-058/CUP-(}5-051 PAGE 1 i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE H~ ING DATE OF 4/25/2006 i. Public Works Condition 2.15 shall read "All development improvements for each phase of this development, including but not limited to sewer, fencing, micro- paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. ii. Planning Condition 1.11 shall read Lot 21 instead of Lot 22. d. Outstanding Issne(s) for City Council: i. None. 3. PROPOSED MOTION (to be considered after the pablic hearing) Approval (All applications) I move to approve File Numbers AZ-05-054/PP-05-058/CUP-05-051 as presented in staffreport for the hearing date of Apri125, 2006 and the preliminary plat dated October, 2005 with the following modifications to the conditions of approval: (add any proposed modifications) Denial (All applications) I move to deny File Numbers AZ-05-054/P'P-OS-058/CUP-05-051 as presented in the staff report dated Apri125, 2006 and the preliminary plat dated October, 2005 for the following reasons: Continue (All applications) I move to continue the public hearing for items number AZ-OS-054/PP-OS-058/CUP-05-051 to (date certain). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: South of Franklin Road, and West of Linder Road -Approximately 10.3 acres of an irregular shape in the NW % of the NE o 3N1 W S 14 b. Owner Franklin Centre, LLC 1767 W. lranklin Raad Meridian, Idaho 83642 c. Applicant: Jane Suggs JBS Enterprises, LLC 200 Louisa Street Boise, Idaho 83712 d. Representative: Jane Suggs, JBS Enterprises, LLC e. Present Zoning. COUNTY- RUT f. Present Comprehensive Plan Designation: Mixed Use Regional, Multi-Use Pathway, 2002 Comprehensive Future Land Use Map g. Description of Applicant's Request: 1. Date of preliminary plat (attached as Exhibit Al ): October, 2005 2. Date of landscape plan (attached as Exhibit A2): October 31, 2005 h. Applicant's Statement/Justification: The proposed mixed use pmj ect complies with the City's designation of Mixed. Use Regional where the C-C district allows for smaller commercial operations which will be paired with the TNR district which allows for residential densities up to 8 dwellings per acre. We believe the use of the project will Harks Canyon Creek Subdivision AZ-OS-054/PP-05-058/CUP-05-051 PAGE 2 CITY OF MER1D[AN PLANNI~DEPARTMENT STAFF REPORT FOR THE ERRING DATE OF 4/25/2006 provide a development which will complement the surrounding land uses and will include many amenable features such as detached sidewalks, extensive open space, future multi-use pathway, a pond, and use the integrated home office designs of the TNR district. - 5. PROCESS FACTS a. The subject application will in fact constitute an annexation and/or rezone as determined. by City prdinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5 and Chapter b, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: January 16, 2006 and January 30, 2006 c. Radius notices mailed to properties within 300 feet on: January 13, 2006 d. Applicant posted notice on site by: January 27, 2006 6. LAND USE a. Existing Land Use(s): Agricultural b. Description of Character of Surrounding Area: AgriculturaUUrbamiz~ing c. Adjacent Land Use and Zoning 1. North: Caffarelli Subdivision I-L, Franklin Road 2. East: Harks Corner C-C, Linder Road 3. South: Whitestone Estates, R-4, Ten Mile Creek 4. Nest: Agricultural Ada County RUT and Rl d. History of Previous Actions: N/A e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Extension of main located in the southwestern corner of this Property Location of water: Extension of mains in Franklin Road Issues or concerns: The sewer flows to the Whitestone lift station. The applicant shall be responsible for any upgrades that may be required. 2. Vegetation: AgriculturallIrrigated 3. Flood plain: Ten Mile Creek -Mainly contained within the banks 4. Canals/Ditches Irrigation: Ten Mile Creek 5. Hazards: Floodplain 6. Proposed Zoning: TN-R and C-C 7. Size of Property: 10.15 acres 8. Description of Use: Residential, 29 Single Family detached, 7 Commercial, and 7 Common Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-0S-0SI PAGE 3 CITY OF M>rRIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE }TEARING DATE OF Q/25l2006 f. Subdivision Plat Information 1. Residential Lots: 29 2. Non-residential Lots: 7 3. Total Building Lots: 36 4. Common Lots: S 5. Other Lots: 3 6. Total Lots: 43 7. Open Lots: Lot 21 Block 3 is the main pond/common lot. Lots 9, 12 Block 2 and Lots 10,14 Block 3 are internal common lots within the residential component 8. Gross Density: 9.84 units per acre shown (2.94 acres by 29 SF) -(Build out for TN-R as presented in conceptual plan shows 79 units on 6.08 acres for 13.0 du/a) g. Landscaping 1. Width of street buffer(s): 2S feet required for Franklin Road (2S feet shown) 2. Width of buffer(s) between land uses: 2S feet commercial to residential (1 S feet shown to the residence west of the site) (S feet proposed C-C to TN-R) 3. Percentage of site as open space (PP application): .44 acres or 4.3% open space (future lot 19 Block 3 not included and parkway calculations not included) 4. Other landscaping standards: Retain existing healthy vegetation; rehabilitate the natural vegetation/habitat cover along the Ten Mile Creek to Park Department and NMID standards; possible cooperation with the Parks Department for development of a multiuse pathway across to Whitestone Estates Subdivision h. Amenities The applicant is proposing amenities in open space and pond with Gazebo, parkway streets. i. Proposed and Required Residential Standards C-C (Standards) Proposed Required Front 0 0 Interior side 0 0 Street landscape buffers ~~ 10 10 ~~~ ZS 25 Landscape Buffer to residential uses 5/1S 25 Maximum building height 50 SO TN-R (Standards) Setbacks (measured from back of sidewalk) Proposed Drafted Harks Canyon Creek Subdivision AZ-OS-0SQ~/PP-05-058/CUP-0S-OS I PAGE 4 CITY OF MERIpIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE H~ iNG DATE OF 4/25/2006 Minimum front setback Alley accessed properties 10 Minimum front setback Street accessed properties 20 to garage 10 to living area Minimum rear setback Alley accessed properties without parking pad S Alloy accessed properties with parking pad N/A Street accessed properties 12 Minimum side setback Property lines adjoining unattached walls 4 Property lines adjoining attached walls 0 Minimum side street setback Alley S Local Street 10 Collector N/A Street Landscape Buffer Local Street Arterial 8 parkway with Class II trees or tree wells w/8' sidewalk Maximum building height 2S 40 10 20 10 S 20 12 4 0 5 10 20 8 25 40 j. Proposed and Required Non-Residential Commercial lots shall conform to the use requirements of the C-C district and shall receive a certificate of zoning compliance for all uses, See exhibit B. Nom-residential lots in TN-R district are to be used for amenities and open space only. k. Off-Street Parking (Multi Units): 1. Parking spaces required: 2 for each unit, (29) TNR attached units; SS stalls req. 2. Parking spaces proposed: 29 rniniT„nm Oavered stalls are shown as conceptual, 24 on street parking stalls are provided. 3. Compact spaces proposed: 0 4. Off-site parking proposed: No 1. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Direct lot access to Franklin Road is to be prohibited. Access to future development is as proposed with pubic stub streets at multiple locations to the east. Potential commercial cross access through the C-C district lies both east and west at the shown parking lots. An additional stub street to the east at "public rand No 2" will not be required. The applicant has agreed to make all changes as required by the attached ACRD staff report. The Meridian Police and Fire Departments have submitted requirements which exceed the standards as r~ommended by the UDC PIG Committee for the TN-R district. The Planning Department is recommending approval of the minimum standards as set forth Harks Canyon Creek Subdivision AZ-OS-054/PP-03-058/CUP-05-051 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE• RING DATE OF 4/25/2006 by ordinance in the TN-R District. For a detailed report on the public streets and access points to public streets, please the attached staff report from the Ada County Highway District (Exhibit C). 7. AGENCY COMMENTS MEETING On November 10`~ 2005 staff held an agency comments meeting, all agencies attending provided comments as attached in Exhibit B. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated `Mixed Use Regional' on the Meridian Comprehensive Plan Future Laud Use Map and the applicant has generally drawn the annexation requests for the TN-R and C-C district to .meet the goals of the Mixed Use Regional District. In Chapter VII of the Comprehensive Plan, this designation is defined in part as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The MU-R has no upper limit on the square footage afaon-residential uses and is intended to allow a broad range of uses. The proposed density (9-13 d.u./acre) is within minimum target density of 8 to 1 S d.u./acre for Traditional Residential Neighborhoods withiua a mixed use development, staff finds that the proposal conforms to this stated purpose and intent. Higher density subdivisions north and west of Linder Road have provided smaller lots in the "High and Medium Density Residential" areas which have been at or above eight dwelling units to the acre. Other subdivisions south and east of the site along Linder Road and Franklin Road have been closer to the 3 to 5 d.u./acre with zoning designations of R-8 or primarily R-4. Similar projects to the Traditional Neighborhood concept Franklin and Ten Mile Roads vicinity have Commercial designations (Neighborhood Commercial, Community Business, and Limited Office) under the Meridian City Code where a mixed commerciaUresidential product was not available under the Meridian Ciry Code, but is being applied through the TN-R District. The properties east of the site at Harks Corner are also zoned C-C where the restaurant/bar uses share the existing water feature amenity on the site. Staff finds the following 2002 Comprehensive Plan text policies to be applicable to this application (staff analysis is in italics below policy): • Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject properties. 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 curl-ently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands wild be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-OS-051 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE H~RING DATE OF 4125/2006 • The northern roadway adjacent to the subject lands is currently owned and maintained by the Ada County Kghway District (ACFID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should su, f,~er 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 and Zoning Department, Meridian Utility Billing Services, and Sanitary Services Company. • "Restrict curb cuts and access points on collectors and arterial streets" (Chapter VII, Goal IV, Objective D, Action item 2) In accordance with this Goal and Action Item, the applicants design only allows collector (commercial/local street) road access to Franklin Road. These collector roads are designed with landscape lots and oriented as to only allow vehicular trafficflow to the public road system. No lots within Harks Canyon Creek Subdivision are provided lot access to a collector or arterial street. • Chapter VII, Goal I, Objective B: Plan for a variety of commercial and retail, opportunities within the Impact Area. Staff finds that the site is designated for MU-R on the Comprehensive Plan Future Land Use Map. Although a wide range of commercial uses has not been planned for this property, the identity of MU-R in the area of the Ten Mile Interchange would tend to become more commercial as the area transitions to the future interchange. The project integrates a residentiaUCommunityBusmess component into the design and sta, f)`f rods the TNR products provide an appropriate transitional use to the more intense commercial uses along Franklin Road. More intense commercial/high density developments are anticipated for the Ten Mile Interchange and the TN-R complements existing uses in Harks Corner and buj, j"ers the Community Business aspects closer to Franklin Road from the residential uses south of the site. Therefore Harks Canyon Creek Subdivision meets the general policies for the mixed use regional comprehensive designation. • Chapter VII, Goal I, Objective B, Action 5: Locate new Community Business areas on arterials or collectors near residential areas in such a way as to compleme~ with adjoining residential areas. Franklin Road is classed as arterial roadway. The applicant is proposing access from the adjoining areas from micro paths, sidewalks and shared (cross access) streets which will provide future connection to residential/commerciad areas east, west and south of the site along Franklin Road and across the Ten Mile Creek. Sta,,~`'believes that the Traditional Neighborhood areas proposed compliment the existing and planned residential areas in the vicinity. • Chapter VII, Goal IV, Objective D: Encourage appropriate land uses along transportation corridors. Sta„~`'believes that the proposed land uses are appropriate along the adjoining transportation Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE• RING DATE OF 4/25/2006 corridors {Franklin Road and Linder Road). + "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." {Chapter VII, Goal N, Objective D, Action item 4) As depicted on the Comprehensive Plan Future Land Use Map, the applicant is proposing to construct a 25 foot wide landscape buffer with a perimeter fence and dense vegetation along Franklin Road. The applicant is also proposing to construct a 1 S foot wide landscape bu~er along the western boundary where there is an existing single family residence. Sta, fJ`'is supportive of these widths, as long as the entire buffer lies outside the ultimate right-of-way. See Site Specific Condition in the Preliminary Plat section below in .Exhibit C. • "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and walking in all land use decisions." (Chapter VI, Goal II, Objective A, #3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. The additional rights of way for Franklin Road will be large enough to accommodate future pedestrian walkways and possfble bicycle lane as weld as interconnection of sidewalks along arterial roads. The urban design of the TN-R district includes larger open spaces integrated into the front yards of all blocks in this district. These larger open spaces will all include pedestrian traffic routes connected to the arterial roadways. The applicant has indicated that a bridge will be provided for access to the south through Whitestone Estates where the future Ten Mile CreekMudti-use Pathway will be located. The applicant shall bond for the multiuse pathway and bridge with this development to ensure compliance with the future pathway system. • Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal 1:V, Objective C, Action 1) The properties adjacent to the subject site are designated for a wide variety of uses. North of the site is planned for Industrial uses, east and south of the site are existing commercial/residential developments not expected to change, and west and south of the site are continuations of the mrxed use regional uses on the Comprehensive Plan Future Land Use Map. The projectprovides a transition from the intense commercial and industrial uses along Franklin into a mix of residential densities from the C-C District to the TN-R District. ~ Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condomixiiums, etc.) for the purpose of providing tine City with a range of affordable housing opportunities (Chapter VII, Goal lV, Objective C, Action 10} The subject property is designated Medium Density Residential on the Meridian Future Land Use Map which identifies this area as an appropriate area far residential development. This proposal meets the Comprehensive Plan definition of medium density, with a gross density of 9 to 13 dwelling units per acre. Staff'has reviewed Harks Canyon Creek Subdivision under the Traditional Neighborhood Residential deszgncation which supports residential densities from 8 to I S dwelling units to the acre (PIG Group recommendations). Staff anticipates the housing types for Harks Canyon Creek Subdivision to be very diverse due to the lot sizes, Harks Canyon Creek Subdivision AZ-OS-054/PP-0S-058/CLIP-05-051 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE ~ARING DATE OF 4/25/200 6 attachments and varying integrated designs. These projects as a neighborhood meet the variety needed to be offered within residential designations. The project also concentrates the higher density housing within the TNR district and transitions to a larger open space area as the subdivision flows south and into the R-4(medium density) designation. • "On-street bikeways should be incorporated on all future Collector streets." (Chapter VI, Figure VI-5) Figure VI-S on page S7 of the Comprehensive Plan designates a bikeway on all collector roads and arterials. The proposal will provide a local road connection from the site to Franklin Road which will provide interconnection to future collector streets. Intercannectivity between subdivisions will also provide for a multiuse pathway connection through Subdivision for pathway access to the Ten Mile Creek pathway systems. The subject properly lies within the immediate vicinity for apark/pathway connection in the area north of I-84 and Linder Road and future connection all the way to I-84 along the Ten Mile Creek. Currently no pathway exists in the near vicinity. No bike lane is proposed for Franklin Road. See AChm report. • The following standard applies for all Mixed.-Use Regional developments proposed within 300-feet of an existing residence or school rewire a conditional use permit. (Chapter VII, Pgs 97-98) The applicant has submitted a Conditional Use Permit CUP-OS-OS1 to comply with this section. The applicant's conceptual plan provides for an additional fifty units shown as condominiums as well as future open space and a pathway connection along the Ten Mile Creek. Staff supports the conceptual site plan dated July 19, ZOOS as submitted but will require assurances that the future amenities will be provided in a timely manner as to be able to be used by future residences contained within the associated plat. Stcafffinds that the nronosed zoning and subsequent uses (Community Business / single famidv homes) vinll be generally harmonious wath and in accordance with the Comprehensive Plan 9.7.ONING ORDINANCE a. Zoning Schedule of Use Control: 11-2D-2 ("TNR) lists Single Family Residential {attached and detached) as permitted uses in the TNR and C-C zoning districts. Furthermore, limited office/commercial uses are allowed in the TNR district, also listed in UDC 11-2D-2. 11-28-2 (C-C) lists many limited commercial uses as permitted as well as many more intense uses as conditional in the Community Business district. b. Purpose Statement of Zone: COMMUNITY BUSINESS DISTRICT (C-C) the purpose of the commercial districts is to provide far retail anal service needs of the community in acxord 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 the mix of allowed commercial uses, and the location of the district in proximity to the streets and highways: Community Business Districts offer allowed uses of Larger scale and broader mix of retail, office, and service uses with access to arterials or nonresidential collector streets. TRADITIONAL NEIGHBORHOOD RESIDENTIAL DISTRICT (TN-R): The purpose of the TN-R District is to provide for a variety of residential land uses including attached and detached single-family Harks Canyon Creek Subdivision AZ-05-054/PP-OS-058/CUP'-05-051 PAGE 9 CITY OF MERIDIAN PLANNi~ DEPARTMENT STAFF REPORT FpR THE HEARING DATE OF 4/25/200 6 residential, duplex, townhouse, and multifamily. A TN-R District includes open spaces and promotes pedestrian activity through well-designed and varied streetscapes that also provide for the safe and efficient movement of vehicular traffic. Most dwelling units should be accessed from alleys. The maximum density of the TN-R District is fifteen (15) units per acre. The miuimum density is six (b) units per acre. Density should decrease away from the center and closer to camrentional residential districts. The TN-R District should be generally located: adjacent to a TN-C District, along a transit corridor, or within a mixed use neighborhood. For the proposes of this Title, the term residential distinct shall also include the Traditional Neighborhood Residential District. c. Traditional Neighborhood standards: [JDC 11-2D-6 -The standards of the Traditional Neighborhood District are to be negotiated by the Planning Commission and the City Council. The following is a draft of standazds developed by the 2005 Process Improvement Group (PIG) group. Options for Street Sections in the TN-R District: The width of the allowed street section shall be determined by how the properties are accessed and whether or not a parking pad is provided that has :awnnmum dimensions of twenty feet (20') by twenty feet (20') as measured from the paved surface of the alley or street to the face of the garage door. For alley accessed properties that provide a parking pad, the following shall apply: a. The parking pad must meet the dimensional standards noted above. b. All alleys shallhave atwenty-foot (20') right-of-way with a minimum of sixteen feet (16') of paving. c. The applicant shall be allowed to have a reduced street section of twenty nine feet (29') (measured from back-of-curb to back-of-curb) with parking on both sides. 2. For alley accessed properties that do not provide a pazking pad, the fallowing shall apply: a. All alleys shall have atwenty-foot (20') right-of--way with a m;n~m_ of sixteen feet (16') of paving. b. The applicant shall provide a street section of thirty-three feet (33') (measured. from back- of-curb to back-of-curb) with parking on both sides. The r~uirement for off-street parking as set forth in Section 11-3C-6 is waived for alley accessed properties ion such circumstances. c. The applicant may request a street section of twenty-nine feet (29') (measured from back- of-curb to back of-curb) with parking on one side where the street only provides residential access on one side of the street. For example, where one side of the street has homes on it and the other side of the street is a dedicated open space lot. Such request shall be approved by Council with the preliminary plat. The requirement for off-street parking as set forth in Section 11-3C-6 is waived for alley accessed properties in such circumstances. 3. For street accessed properties, the following shall apply: a. Although street accessed properties are allowed itt this district, it is anticipated that only properties on the perimeter of a TN-R development would be street accessed. The applicant shall demonstrate that the design meets the purpose statement of the TN-R district. b. All street accessed properties must provide a parking pad as detailed above. c. The applicant shall be allowed to have a reduced street section of twenty-nine feet (29') (measured from back-of-curb to back-of-curb) with parking on only one or on both sides. 4. Block lengths shall meet the standards as set forth in Section 11-6C-3F2. Although block lengths are allowed to exceed five hundred feet (500') when a pedestrian pathway is used to break up the block, it is anticipated that most blocks will not exceed the five hundred-foot (500') requirement. The applicant shall demonstrate that the design meets the purpose statement of the TN-R district. Harks Canyon Creek Subdivision AZ-OS-054/PP-05-058/CUP-05-051 PAGI; ] 0 GITY OF MERIDIAN PLANN~(} DEPARTMENT STAFF REPORT FOR THE• RING DATE OF 4/25/ 200b Yn addition to the standards as set forth in Section 11-3A-7, the following restrictions shall apply to fencing within the TN-R district: 1. Front yazd. Fences shall be wrought iron or similar of similar quality and appearance and shall be no greater than three feet (3') in height. 2. Side yard. a. Side yard fences that follow the side yard property line shall only be allowed where the side setback is five feet (5') or greater. The portion of a side yard fences that extend from the building to the side yard property line shall be setback two feet (2') behind the enclosed portion of the front of the building. b. Side yard fences that extend from one building to an adjoining building are allowed where the adjoining houses have use easements on the side yard area. Such fences shall be setback two feet (2') behind the enclosed portion of the front of the building adjoining the fence. 3. Rear yard of alley accessed properties. Fences shall be setback a minimum of seven feet (7') from the alley (measured from back of paved surface of the alley). 4. The maximum fence height shall not exceed six feet (6'), subject to the provisions set faith in Sections 2 and 3 below. 5. Un corner properties, the maximum fence height in the required street side yard shall be six feet (6') above the grade (as measured at the praperty line), and the m;n;m„m setback shall be ten feet (10') from the street side property line. See Figure 11-3A-3. 6. Where the rear yard of one property adjoins the front yard of another property, the fence along the rear and side yards where they adjoin the adjacent front yard shall be flush or angled at forty-five (45) degrees to provide continuity with the adjoining fence and property line. See Figure 11-3A- 3. 7. Additional height shall be allowed for arbors, arches and/or other azchitectural appurtenances extending over gates andd/or other entryways Such appurtenances shall not exceed five feet (5') in width and/or eight feet (8') in height. 8. Additional height shall be allowed for gate posts. Such gateposts shall not eight feet (8') in height. Lighting. In addition to the standards as set forth in Section 11-3A-11, the following standards shall apply within the TN-R district: All dwelling units shall have a minimum of two (2) lights at the front of the unit. All dwelling units on alley accessed properties shall have a m;n;m~,m of two (2) lights along the alley. All lighting required in this section shall be on a photocell that activates the lighting at dusk and turns it off at dawn. 10. ANALYSIS 10a. Analysis of Facts Leading to Staff Recommendation 1. ANNEXATION & ZONIlVG ANALYSIS: Based. on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Unified Hazks Canyon Creek Subdivision AZ-OS-054/PP-0$-0$ $/CUP-0$-051 PAGE I i CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE ~ARING DATE OF 4/25/200G Development Code, staff believes that this is a good location for the proposed Single Family Residential products. Please see Exhibit D for detailed analysis of facts and findings. 1.1 The annexation legal description sub~alitted with the application (stamped on October 13, 2005 by Todd R. Waite, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.2 Any future subdivision, uses and construction an this property shall comply with the City of Meridian ordinances in effect at the time. 1.3 That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 1.4 That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 1,5 UDC 11-SB-3D2 provides the P&Z Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Due to the mixed use nature of the commercial/of~iceJresidential uses the size and scope of the project the undetermined location of amemhes ~athwav location. undeveloped areas of Lot 19 Block 3 and the variable standards of the TN-R distnct as defined by the Meridian City Unified Development Code. staff' believes that a Develomnent Agreement is necessary to ensure that this property is developed m a fashion that is consistent with the comprehensive elan designation and does not negativelypact nearby properties If the Commission or Council feels additional development agreement requirements are necessary, staff recommends a clear outline of the commitments of the developer being required. A Development Agreement {DA) will be required as part of an annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the Citv Attornev Bill Narv at $$$433 within 18 months of Council approval to initiate hic process The DA shall incorporate the following: • That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non- domestic puiposes such as landscape irrigation. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of Harks Canyon Cr~k Subdivision AZ-OS-054/PP-OS-058/CUP-OS-O51 PAGE 12 I CITY OF MERIDIAN PLANNJN(~ DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF a/as/20o6 operation that: will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • The applicant shall provide a surety agreement for of the construction of the multi-use pathway and lmdge in accordance to UDC 11-SC unless a development application has been submittexl for Lot 19 Block 3 prior to the issuance of the first certificate of occupancy in ]Harks Canyon Creek Subdivision. • The applicant shall coordinate with the Meridian Parks Department and Namga Meridian Irrigation Dist:dct to define the location of the multiuse pathway, bridge maintenance, and landscaping along the Ten Mile Creek. • The applicant shall xnaixitain Lot 19 Block 3 is1 a state free of accumulation of junk, noxious weed.i, and. shall fence the perimeter of Lot 5 Block 3 to limit public access to the waterway. • The applicant has agreed that all of the TN-R residential units will be constructed with fire sprinkler systems to mitigate for the 5' setback to alley reHuired by the Meridian Fire Department as discussed on Apri14, 200b. * That the applicant shall provide trash pickup/refuse pads at the end of the dead. end - shortened alle.~ as shown on the site plan and discussed on Apri14, 2006. 2. PRELIlI~INARY PLAT 5PECTAL CONSIDERATIONS ~ 1 Public Streets ~u1d Access: Cann~tivit (~ future developments): Local stub strec;ts for future development west of the site shall connect from "Public Street #2" west of the site at the location shown. Cross access shall be provided to the property west of the site adjacent to Lot 1 Block 1 from the parking lot as shown. Cross access shall be provided to the property east of the site adjacent to Lots 22 and 23 Block 3 from t)r~e parking lot as shown to connect with the existing Harks Corner Development. An additional public or private street to the south shall be provided in the general location of Lot 5 Block 3. The public or private street shall be for addressing and unobstructed access to future development in Lot 19 Block 3. See Fxlu"bit B below. No direct access will be allowed to Franklin Road 2.2. Landscaping_ Staff is generally supportive of the landscaping design with the fallowing considerations: The ZS feet of right-of--way landscaping on Franklin Road shall be maintained by the Business Owners Association. The landscape buffers along these arterials shall be designed in accordance to UDC 11-3B-7. The landscape buffer shall be measured from the back of side,wallc if attached sidewalks are used. Barks Canyon Creek Subdivision AZ-OS-054/PP-OS-058lClJP-05-051 PAGE 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 The landscaping along Franklin Road shall be installed prior to final plat signature. The landscaping along Franklin Road shall be contained in a separate lot or on a permanent easement which will be maintained by the business owners association. Common Lot 22 Block 3 shall be maintained by the business owners association and not by the home owners association. All parkway trees shall be Class II trees. All parking lots adjacent to the TN-R district shall provide a minimum of one tree at the end of each parking aisle; the parking lot landscaping shall comply with the design standards as listed in UDC 11-3B-8. The applicant is not showing the required 25' landscape buffer between uses in this location. The applicant shall revise the site plaza to reflect the required buffers or submit a new landscape plan with an application for alternative compliance to the director. If the director fails to approve the request for alternative compliance the applicant shall provide the required landscape buffers as detailed in UDC 11-3B. See Exhibit B. A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed izt UDC 11-3B-14. 2.3 Tree Miti ag won: Any try over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalerrt number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed. The applicant should coordinate a tree protection/mitigation glan with Elroy Huff at the Meridian Parks Department. 2.4. Ditches, Laterals. and Canals: 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. Nampa Meridian Irrigation District has adjacent laterals on this site but has not commented on the proposal. Staff has applied the standard NMID conditions to this site. 2.5 Pressure Im ation: 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 ovater 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 11-3B-6. See Site Exhibit B below. 2.b. cin :The applicant is not showing fencing on the submitted amenity and landscape plan. A detailed fencing plan shall be submitted upon application of the final plat or prior to City Council if required. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 Harks Canyon Creek Subdivision AZ-OS-054/PP-OS-058/CUP-0S-051 PAGE 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE•RING DATE OF 4/2 5!2006 feet of all right-of--way. All fencing should be installed in accordance with City Code in effect at the time the permit is issued. The landscape architect shall draft the landscape plans to meet the standards of UDC 11-3B. See Exhibit B, Condition 1.5 The Meridian Police and Fire Departments have indicated that fencing shall have gates and there shall be no side yard fencing, the fencing requirements shall comply with the standards of UDC 11-3B. Perimeter fencing shall be designed according to XJDC 11-3B and maintained by the adjacent (home/business} owners association. Temporary fencing shall be provided along Lot 5 Black 3 until a development application for Lot 19 Block 3 is approved. All fencing along the Ten Mile Creek shall be installed with non-combustible materials. 2.7 Uni roved Right-of-Way Meridian City Code requires a 10-foot wide gravel shoulder abutting right-of--way where the unimproved portion of the right-of--way is greater than 13 feet (measured from the edge of pavement to the edge of sidewalk or property line), and Franklin road widening is in the ACRD Five Year Work Program and is scheduled for widening in 2010. The remainder of the unimproved right-of--way should be landscaped with lawn or other vegetative groundcover. Franklin Road abutting this site appears to meet the warrants for the 10-foot wide gravel shoulder requirement listed above. Therefore, the applicant should be required to construct a 10-foot wide gravel shoulder on Franklin Road, with the remaining portion of the right-of--way being landscaped with lawn or other vegetative groundcover. 2.8 Multi-Use Pathway: The applicant is not showing but will be required. to install a multiuse pathway in accordance to the Comprehensive Plan and installed according to UDC 11-3A-8 along the Ten Mile Creek in a location to be agreed upon with the Parks Director and Nampa Meridian Irrigation District. Currently, NMID owns the property upon which the applicant is proposing to install the pathway. All NMID standard conditions shall be applied to this site and all pedestrian access easements shall be enacted. Staff has required the applicant to bond for improvements to the multi-use pathway with this application. The pathway connection is listed as an amenity to the residents of the site and will be essential for pedestrian connection from the school site, Whitestone Estates, and Mallard Landing Subdivisions south of the Ten Mile Creek. Therefore, the pathway shall be a priority to be completed as soon as practical with the future development of Lot 19 Black 3. 2.9 Private Streets: The applicant iS proposing to use Lot 5 Block 3 to provide future access to Lot 19 Block 3. Staff will require at a minimum the Nortb/South legs of Lot 5 Block 3 to be a private street (if not public} to provide addressing and maintained connections to the future residential area south of Lot 5 Block 3. The applicant has not submitted a Private Street application as required by UDC 11-3F-3. The private street standards are listed in UDC 11-3F. The applicant shall design and construct the private streets in compliance with the standards listed for Private Streets in UDG 11-3F Private Streets and UDC 11-2D Traditional Neighborhood Residential. See Exhibit B Condition 1.11 The Meridian Fire and Police Departments are requesting a minimum of 24' paved sections for alleys which shall not apply to the TN R districts as this would exceed the standards set forth by ACRD and the Process Improvement Group for the TN R district. Harks Canyon Creak Subdivision AZ-OS-054/PP-OS-0S$/CUP-OS-051 PAGE 15 CITY OF MERIDIAN PLANN• DEPARTMENT STAFF REP • ORT FOR THE HEARING Dq'C'E OF q/2S/2006 2.lOCommonJOpen S~ The applicant has a qualified application meeting the requirements of UDC 11-3G. The proposal is showing 4.3% of qualified open space which does not meet the requirements of a minimum of S% open space. The applicant has provided landscaped Parkways in compliance with UDC 11~3G-S but these calculations have not been provided by the applicant and not added to the overall required open space. Staff is confident that the minimum of S% has been provided with the presented design but with the off site improvements and parkway streets 2.11 eniti. :The applicant is required to provide one amenity per 20 acres. The applicant is showing qualified site amenities as follows: 11-3G-3C-1- Quality of life amenities - Picnic area/Gazebo in Lot 22 Block 3 11-3G-3C-2 -Recreation amenities -None shown at this time, however the applicant is proposing to tie the landscaping and pathway impmvements to the Ten Mile Creek pathway system to this development. 11-3G-3C-3 -Bicycle circulation amenities -Several blocks are connected with an internal 5' pathway which will be required to connect to the required Multi-use Pathway along the Ten Mile Creek. Amenities are generally located centrally and in common lots. These common lots shall be maintained by the Harks Canyon Creek (Home or Business) Owners Association. The landscape architect shall certify that one tree per 8,000 square feet of lawn has been provided on the landscape plan. 2.12Traditional Nei hborhood Resider 'al: The standards as definal in the TNR district UDC 11-2D-6 are currently defined as "determined by Council upon annexation and/or rezone". The standards listed under section 8 of the Harks Canyon Creek Staff report dated January 5, 2006 have been drafted by a working group specifically for TN-R projects to be used as a guideline. 'The applicant has designed the project in accordance to these standards and shall comply with the street sections, dimensional standards, lighting and fencing requirements as contained in this report. 2.131~treet Sections• Conditions 3.23 and 3.09 of Exhibit B from the Meridian Fire Department Conditions of Approval will not apply to the street sections within the TN-R District. These standards exceed the street sections proposed by the UDC process improvement group. ACHD has reviewed the street sections and if the applicant complies with all ACHD conditions of approval then the street sections will meet all standards as set forth by policy. 10b. Staff Recommendation: Staff recommends approval of AZ-0S-0561PP-OS-0Sg~CUp_OS- OS 1 for Harks Canyon Creek Subdivision as presented in the staff report dated January 6 2006 based on the Findings of Fact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this report. Staffhas prepared findings consistent with this recommendation. 11. EXHIBITS A. Drawings 1. Preliminary plat (dated: October 2005) 2. Landscape Plan (dated: October 1 Q, 2005) 3. Conceptual Site Plan {dated: July 19, 2005) Harks Canyon Cheek Subdivision AZ-OS-054/PP-OS-058/CUP-0S-OS 1 PAGE 16 CITY OF MERIDIAN PLANNI~iG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4!25/2006 B. Conditions of Approval 1. Planning Department 2. Public Wprks Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Services 7. Ada County Highway District 8. Nampa Meridian Irrigation District C. Legal Description D. Required Findings from Zoning Ordinance Harks Canyon Creek Subdivision AZ-OS-054/PP-OS-058/CUP-05-051 PAGE 17 A. Drawings 1. Preliminary Plat dated: October 2005 ` i r . r, I I. . c a ~i '~ } .~ ~~..j , +I f~ i ~ f ~~ ~~~ 1 ~l ~ s ~3i ._a . s> ~-.~~ ~_.:~ ~ N"~,~ ~~ E m ~ ~_ - 1 ~ yY '.~: ~ , :t. . :.... ,. : N i . ~.~.~., i :,.ri,a.::~:,.; ~ , J ..a r ~ - ~~~ ~. i i. t ~, I ~r~i ~ ~ I I i ~ i'~!: D I ~~ ~ f~ • ~~ i ! b r l,~ .l ~ `~ r _.•, . ~, ' ~ ;: f;' J ,- n+, LL- Y •^' ~' ~S ;:: t`- .~;Ct .] •'Qi f•~'~w rf~'' :i t s yg4e~ai4T.9 Y~y~ +~e~ ~aY i i ~Y~,il~ . ~o~~ggrQQ~ ~°'' y~ n ~I . ~ 'F ~ I tl. , u ~~• i ~ ~ ~~. ~~ ~ _,, -- ~- - . s f ~ ~~ - .5 I ~ e i ~ .. ~ ~ ~ . -~~. ._ .,~ H a ~ '.~-~- 3 ~ . "' ~ + ~,~ r F~ a ~ ! I' s ~ }~ r, ~_ o~ ~e _ ~ ~? n ~ + I• '~' ~~ a ' s• F - ;, r7c-- 'J•'~~ -~,- r ~ f+4 ' 7I 3~. ' to `' any} ; I ~ I I} + . ~ +, 1~~ =i~,~~4~~ Harks Canyon Creek Subdivision Exhibit A Page 1 2. Landscape Plan (dated: October 14, 2005) ~~ i M T~ i ~~ r4 °e~~ ra ~O°~^r ru ~~~ara. ~++~ ray ~~~ ra w.r ,.a i ~+r rot ' p~j~y~tiy~,~a~s~Rna ~~ ~a+uw ~n..e ~' 1d~fM-~n~f1~Fi ~Y ~-wrYrawur 1' t ~'~ I ~' ~~ '1 ~~ ~.~". ../".. ~".-',' J.-~"~ . i ~.tl.,._ -~.~ ° ~ .,.W_,~ F'NtilfYrmFMwowO~a' ~~aw.trrr HafIW ~ C1'C81i tW .,...~ aor~usisise o`a~..r.aev uirnt Fln-~Iltp, r~wr.aro..Mr ~~~~4wa aawum vaso.:x~ w~ea.r uc :eru•.•er ~ro,ryn v+ow iw~.M1+n a^re air ~~ kZarks Canyon Creek Subdivision Exhibit A Page 2 -~ ~ I J 3. Conceptual Site Plan (dated: July 29, 2005) Harks Canyon Creek Subdivision Exhibit A Page 3 ~-1 s.um.er~ uu a~~t ru-n 4_> ~~ kW plmOOWAY /.riA6 B. Conditions of Approval 1. Planning Department SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.1 The preliminary plat labeled as Preliminary Plat dated October 2005 prepared by Claiborne Waite Consulting, Inc. is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ-OS-056) and Conditional Use (CUP-OS-051) shall also be considered conditions of the Preliminary Plat (PP-05-058). 1.2 The applicant has proposed a 25-foot landscape buffer along Franklin Road. The Landscape buffer shall be designed and installed in accordance to UDC 11-3B-7 and certified as installed prior to final plat signature (UDC 11-3B-14B-3. The sidewalks within the buffer shall be placed as to line up with future buffers in neighboring developments. 1.3 The applicant shall comply with the requirements of no direct lot access for any lots adjacent to the arterial roads of Franklin Road as required by ACHb. A note shall be placed on the final plat restricting access to Franklin Road 1.4 The applicant shall provide cross access to all commercial lots within the subdivision and to the property west of the site adjacent to Lot 1 Black 1 and to the east from Lots 22 and 23 Block 3 as required by ACRD. 1.5 A landscape plan shall be submitted prior to final plat showing the landscaping in relation to the changes required by this report. The submitted landscape plan prepared by Terry Hammons, A to Z Sprinkler and Landscaping., dated October 14, 2005 is not approved until re-submitted with changes outlined in this report and in compliance with UUC 11-3B. 1.6 The applicant shall revise the site plan to reflect the required buffers or submit a new landscape plan with an application for alternative compliance to the director. If the director fails to approve the request for alternative compliance the applicant shall provide the required landscape buffers as detailed in UDC 11-3B. 1.7 Maintenance of all residential common azeas shall be the responsibility of the Harks Canyon Creek Subdivision Homeowners' Association. (Lots 9 and 12 Block 2, Lots 10 and 14 Block 3) 1.8 Maintenance of all other common areas shall be the responsibility of the Harks Canyon Creek Subdivision Business Owners Association. (all required street and use buffers, with Lot 21 Block 3) 1.9 For alley accessed properties that do not provide a parking pad, the following shall apply: a_ All alleys shall have atwenty-foot (20') right-of-way with a minimum of sixteen feet (16') of paving. b. The applicant shall provide a street section ofthirty-three feet (33') (measured from back of-curb to back-of-curb) with parking on both sides. The requirement for off-street parking as set forth in Section 11-3C-6 is waived for alley accessed properties in such circumstances. c. The applicant may request a street section of twenty-nine feet (29') (measured fram back- of-curb to back-af-curb) with parking on one side where the street only provides residential access on one side of the street. For example, where one side of the street has homes on it and Exhibit $ Page l • the other side of the street is a dedicated open space lot. Such request shall be approved by Council with the preliminary plat. The requirement for off-street parking as set forth in Section 11-3C-6 is waived for alley accessed properties in such circumstances. 1.10 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the azea being subdivided shall be tiled per UDC 11-3A-6, unless otherwise approved by the City and the Irrigation District(s). 1.11 If the southerly directed portions of Lot 5 Block 3 are not dedicated to the public, the applicant shall at a minimum submit a private street application to the Planning Director with the Final Plat application if the applicant chooses to provide private streets for future connection to the south along Lot 5 Block 3. 1.12 The applicant shall contact the Meridian Pazks Director to define a locatiom for the Multi-Use Pathway along the Ten Mile Creek as shown on the Meridian Comprehensive Plan. 1.13 The applicant shall install aMulti-Use Pathway along the Ten Mile Creek or other location as agreed upon by the Meridian Parks Director construction shall be in accordance to the standards as listed in UDC 11-3A-8. 1.14 The landscape architect shall certify that one tree per 8,000 squaze feet of lawn has been provided on the landscape plan. 1.15 All road drainage shall be contained on site in the drainage swales/azeas as depicted. 1.16 The applicant shall comply with the dimensional standards, street sections, lighting, and fencing requirements as outlined in this staff report for the Traditional Neighborhood Residential District. There shall be no modifications to the dimensional standards of the C-C Medium. Density Residential District or other operating standards as contained in the Meridian Unified Development Code. 1.17 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.1.8 The applicant shall be allowed a 5' alley setback to garageJstructure for all TN-R lots. G~ REQUIREMENTS-PRELIlVIINARY PLAT 1.18 All areas approved as open space shall be fine of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-1$, 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. 1.19 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary eonstruction fencing to contain Exhibit B Page Z debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. 1.20 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.21 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, unless otherwise approved by Nampa Meridian Irrigation District. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.22 Staffs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.23 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B. 2. Pwbllc Works Department 2.1 Sanitary sewer service to this development is to being proposed via extension of mains stubbed in the southwestern portion of this property. These mains flow to the Whitestone lift station. The applicant shall be responsible for any upgrades to the lift station that may be required to handle the extra influent. 2.2 The applicant shall install mains to and through this development; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. 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 i~a conformance of City of Meridian Public Works Departments Standard Specifications. 2.3 Water service to this site is being proposed via extension of mains in Franklin Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 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). The easements shall not be dedicated via the plat. The description shall be consistent with the graphically depicted easements on the plat but be recorded as a separate document using the City of Meridian's standard forms. Submit an executed easement (supplied by Public Works), a legal description, which must include the area of the easement (marked EXI~IBTT A) and an 81/2" x 11"map with bearings and distances (marked EXFIIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.5 The applicant has indicated the pressure irrigation system in this proposed development is to be an extension of a private system in Harks Corner. ]f 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. .Exhibit 1B Page 3 2.6 Prior to signature on the plat by the City Engineer the applicant shall submit a signed agreement granting permission to use the existing private pressurized irrigation pump station. 2.7 The City of Meridian requires that pressurized irrigation systems be supplied by ayear-round source of water (UDC 11-3B-6D). The applicant should be required to use any exts~ting surface or well water far the primary source. ff a surface or well source is not available, asingle-point connection to the culinary water system shall be re~tured. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.8 All existing structures not meeting new setbacks shall be removed prior to signature on the final plat by the City Engineer. 2.9 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- damesticpurposes such as landscape irrigation. 2.10 If the stub streets to the south are going to be private streets, then Public Works will review and inspect the storm drainage systems. The applicant will be responsible for all review and inspection fees associated with this. 2.11 If this prof ect is to contain private streets, the applicant shall address maintenance of the private streets prior to signature on final plat by the City Engineer. 2.12 As each commercial lot develops they shall be required to retain storm runoff on site. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.13 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 far building permits. 2.14 A letter of credit or cash surety in the amount of 110% will be required for all uncozupleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.15 All development improvements for each phase of this development, including but not limited to sewer, fencing, micro paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.16 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.17 It shall be the responsibility of the applicant to ensure that aU development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.18 Applicant shall be responsible far application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.19 Applicant shall be responsible for application and compliance with any Section 404 Permitting Exhibit E Page 4 that may be required by the Army Corps of Engineers. 2.20 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.21 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.22 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.23 One hundred watt, high Pressure sodium streetlights shall be required at locations designated by the Public Works Department. 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. FYre Department 3.1 One and two family dwellings will require afire-flaw of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed am average of 500 feet apart. International Fire Code Appendix C. 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %a" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrauats shall be placed on comers when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3.4 Entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.5 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.6 For all Fire Lanes, paitrt the curb red and provide signage "No Pazking Fire Lane". 3.7 Operational fire hydrants, temporary or permanent street signs anal access roads with an all weather surface are required before combustible construction is brought on site. 3.8 ]Building setbacks shall be per the International Building Code for one and two story construction. 3.9 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one Exhibit B Page 5 L~ side. These measurements shall be based on the face of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.10 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed prof ect. Fire hydrants shall be placed, per Appendix D 3.11 The proposed 29-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 87 residents at build out. 3.12 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.13 The 7 office%ommercial lots lot will have an unknown transient population and will have an unlmown impact on Meridian Fire Department ca11 volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.14 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 anal emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.15 Maintain a separation of 5' from the building to the dumpster enclosure. 3.16 Provide a Knox box entry system for the complex prior to occupancy 3.17 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.1$ OVhere 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 equiPP~ throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). For buildings equipped throughout with an approved automatic sprinkler system. installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.19 R-2 occupancies with 3 or more uui~ shall be required to be fire sprinkled, unless specified by the UDC. 3.20 Emergency response routes and fire lanes shall not be allowed to have speed bumps. 3.21 Gates shall be provided on the front and rear of the property, if fenced 3.22 Side yard fences shall not be allowed in the C-C district. Exhibit B Page 6 3.23 Alleys shall be at least 24-feet wide and there shall be no parking on alley sheets. 4. Police Department 4.1 Any .interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used for fencing on common lots. 4.2 The applicant shall submit a revised landscape plan for the commercial azeas, which uses walkways and landscaping to direct visitors to the main entrance and away from private areas. 4.3 The proposed development and/or plat do not offer natural surveillance opportunities of the public areas. Prior to the Final Plat, the applicant shall meet with the Police Chief and/or Planning Staff to discuss features that increase visibility, including but not limited to: doors and windows that look out on the public areas, front porches, and adequate nighttime lighting. The site plan and/or landscaping plan shall be revised in accord with those discussions. 4.4 The pedestrian access to the proposed clubhouse%ommunity entrance is not well-defined. The applicant shall submit a revised landscape plan that uses walkway paving materials and landscaping to alert motorists to the pedestrian traffic. 4.5 The loading areas shall be separated from all public pazking areas. 4.6 Please contact the Police Chief for detailed. review of any development proposal and submit stamped (approved) plans with your certificate of zoning compliance application. S. Parks Department S.1 Ordinance (UDC 11-3B-10) will be followed. 5.2 Pathway and Trail standards: The proposed pathway and/or trail shall be constructed in accordance with the Meridian Park Department's requirements. 5.3 Standazd 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. 5.4 Standard Plan for Protection of Existing Trees during Construction.: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10.5) will be followed. 6. Sanitary $er~vice Company 6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 7. Ada County Highway District 7.1 Dedicate 45-feet ofright-of--way at the east property line that tapers to 57-feet in the first 425-feet west of the east property line. From 425-feet west of the east property line to the west property line, the applicant should dedicate 57-feet ofright-of--way from the centerline of Franklin Road. abutting the parcel by means of a warranty deed, The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat far signature by the ACRD Commission or prior to issuance of a building permit (or other requires permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be paid the fair market value oftheright-of--way dedicated which is an addition to existing ACRD right-of--way if the owner submits a letter of application to the impact Exhibit B Page 7 • • fee administrator prior to breaking ground, in accordance with the ACRD Ordinance in effect at that time {currently Ordinance #200), if funds are available. AND Provide the District with a road trust deposit in the amount of $13,280.00 for the construction of a 7- foot wide attached concrete sidewalk. OR Dedicate 45-feet of right-of way at the east property line that tapers to the west to 48-feet in the first 425-feet. From 425-feet west of the east property line to the west property line, the applicant should dedicate 48-feet ofright-of--way from the centerline of Franklin Road abutting the parcel by means of a warranty deal. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACfID Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of--way dedicated which is an addition to existing ACRD right-of--way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACRD Ordinance in effect at that time (currently Ordinance #200}, if funds are available. AND Construct a 5-foot detached concrete sidewalk within an easement to the District. Locate the sidewallc a minimum of S6-feet from the centerline of Franklin Road. 7.2 Construct Public Road #1 to intersect Franklin Road to directly align (centerline to centerline) with the driveway on the north side of Franklin Road. 7.3 Construct North Ward Place: to intersect Franklin Road approximately 104-feet east of the west property line, as proposed. 7.4 Construct all of the internal roadways within the subdivision as 36-foot street sections with vertical curb, gutter and 5-foot attached (or 4-foot detached) concrete sidewalks within 50-feet of right~;f- way. If the applicant is proposing to construct striped on-street parking on Public Road #2 construct bulb outs at the intersections that provide a minimum of 24-feet (measured back of curb to back of curb) at the throat of the intersection and construct the bulb outs to provide an inside radius of 18-feet (minimum). 7.5 Construct a stub street to the west property line approximately 255-feet south of the north property line to serve the 2.090-acre parcel and the 76.232-acre site to the west, as proposed. Install a sign at the terminus of the roadway stating, "this road will be extended in the future." 7.6 Construct a 28-foot wide driveway that intersects Public Road #1 on the west side of the roadway approximately 120-feet south of Franklin Road, as proposed. 7.7 Construct a 12 to 30-foot wide driveway that intersects Public Road #1 on the east side of the roadway approximately 75-feet south of Franklin Road. Fissure that a tangent length of 50-feet (minimum) is met on Fublic Road #1 before a driveway is constructed. ?.8 Construct a 28-foot wide driveway that intersects North Ward Avenue on the east side of the roadway approximately 104-feet south of Franklin Road, as proposed. 7.9 Construct a 28-foot wide driveway that intersects North Ward Avenue on the west side of the roadway approximately 9$-feet south of Franklin Road, as proposed. Exhibit B ~a$e 8 ~ ~ ! 7.10 Construct a private road/service drive (or public road if the City of Meridian would like a public road) that intersects Public Road #2 at the eastern end of Public Road #2 and extends to the south to serve Lot 19. 7.11 Construct a private road/service drive (or public road if the City of Meridian would like a public road) that intersects Public Road #2 at the eastern end of Public Road #2 and extends to the south to serve Lot 19. 7.12 Construct a 20-foot wide "service road" that extends from the west property line to Public Road #1. This service road will function as a private alley, as proposed. 7.13 Franklin Road is classified as a minor arterial. Other than the two public roadways that have specifically been approved with this application, direct lot access to Franklin Road is prohibited. A note stating the access restrictions will be required on the .final plat. 7.14 Comply with all Standard Conditions of Approval. Standard Conditions ofApprovad 7.15 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.16 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. 7.17 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.18 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 {with file number) for details. 7.19 Comply with the District's Tree Planter Width Interim Policy. 7.20 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. 7.21 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.22 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. 7.23 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. 724 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. Exhibit B Page 9 • 7.25 It is the responsibility of the applicant to verify all existing utilities within, the ri applicant at no cost to ACRD shall repair existing utilities damaged by the applicantThe app~ic n e shall be required to call DIGL1TiE (1-800-342-1585) at least two full business days prior to brealting 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. 7.26 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 froze the Ada County Highway District. 7.27 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in. effect at the tune the change in use is sought. Exhibit B page 10 C. Leal Description ~Ic~ibvrn • u~oit~ eansultin9. Ilc a~~ ~ ~eyors, food BO$~ YL X706 ~ 3 ~t I~ 429.9862 P No. 2246 HARKS SON ~ LLC ~ REZONR BOUNDARY DEBC ~ON October 13, 2003 A PARCEI.OF LAND 1N THE WE.41' IR OF Tt4E NORTI~AgT U4 ~' THE NORTl~T 1/4 OF SECTION 14, T. 3 N, R. l W., B.M,, ADA COUNTY, IDAHO, AND $~ MORE PARTICULARLY DFSCR®F,~ AS FOLI,O{yS: COAI~CIIVG AT THB NORTHEAST CORNER OF SAm SEC'ITpN I4, Tf11~-CE N 89°13'17" W ALONG THE AI(1RTH BOUNDARY OF SAQ1 S>~ON 14 AND TH6 CBNTF~{I~VE OF FRAI1fl!~N ROAD FOR A D1S'TANCB OF 04.47 FLE1' 1D THE EAST BOUNDARY OF THB Wl~' IR OFTHB NORTHEAST U4 OF THE NOA771fiAgZ V4 OF 5A®S$GTION 14, 'k31~ 19tEAL POINT OF $E4;INNING; THENCE CONTpNUAT4 N 89°13°17" W ALONG SAID NORTH ~UNDARY AND ~C~iEFORU4 OF THH®O FRT ~ gr i/4 OF SAID SECTION 14; ~~ OF TFffidCB S 00°34'18" W ALONG THB WCsS7'BOUNDARY OF THE NORTHEAST U4 OF TI'>8 NORTHEAST ]/4 OF SAID SECTION l4, FORA DC47'ANCB OF 193.00 FBEf; TRENCH S 89°13°17" E FOR A UISTANCIi OF 4$1.16 FEET; TH>~ICB S 00°33 43° W FOR A DISTAMCB OF 267.42 FEET; B S 89°13'17" B FORA DI87'ANCB OF 18334 Flr$t'TO THB EAST BOUNDARY OF ~ ~Yl~"I' I~Z OF THB NbR7Ii6AgT U4 OP 7I~6 N~ i/4 OF SAID S13CTiON I4, ALSO BEII~TtiT1~ qlg~ BOUNDARY OF VAN HBES SUBDT~'ISION; 7IB£N(~ N 00°33'43" E ALONO 3A~ P.AST EX3UNDAltY FOR A DISTANCE OF 460,42 FBBT TO TIIE REAL 1'OIINT OF BEGINNING, CONTAINING 4.07 ACRBS OrF LAND, AgORE OR LESS. PREPAR$D BY: TODD R WATTE P.I.,S, c.1Pt~lY~mHas (2246 .doo- ! - Exhibit C Page 1 r~ clcaiborn ` uu+aike Consulting, llc ongineers 8 esurvQyora 17p NaetllChrl6~~ood 8nba, td ~70d ~) ~(~1~-9eaa Pmjoet rro. z246 N C~KS`IJBLD~i1V1SiOH TAB RHONE BOUNDARY D>"TION O~ I3, zoos A PARCEd. OF LAND IN THE WFSI' [/2 OF TIIE NORTHEgy7' V4 OF THBNO~ T U4 OF SECTION 14, T, 3 N, R. I VV, B.M,~ qpA COUNTY IDAHO AND HElriG MORE FAR77CULARLY DESSCit18ED AS FOLLOWS: CCGN~ICRY(i ATTHE NORTHBAS--P [~R~OF SArD SECTTON 14, TE~-CEN 89°13'17" W AL,ON(i THB NORTH BOUNDARY ~ SAID SECTION 14 AND THE CEMfLR1,iNg OF FRANKLEV ROAD l:ORA DISTANCE OF 132$.93 FRRI' TO THE WEST BOUNDARY OF TH8 NORTHE,A,ST' U4 OF TI4E NORTHEAST U4 OF SAR) SECTION I4; TH®VCE S OD°34'!8" W ALONG SAID Wa$'T BOUNDARY FOR A DISTANCE OP 193.00 FEIs*f TO THE HEAL POE11T dF BEfiINNR1IG; 'ONCE CONTn+TUIlVG S 00°34' 18" W ALONG SAip WFST BOUNDARY FOk A D19TANCB OI+$b3.64F'EEI; THENCE N 7S°07'43"E FOR A DISTANCE OF 689.45 FEEtTp TEl$ EAST BOUNDARY OF THE W>iS'1' UZ OF THE NOR'i'~B;Ag'1' 1!4 OF'1lBr NORTiI8AS7' U4 OF SAm SEC'PION 14. ALSO HEINO THB WEST BOUNDARY OF VAN ICES ~DMSION; TlHE11CB N 00°33'43" E ALONG SAtp EAST I30UNDARY FOR A DISTANCE OF 1x2.23 FEET; 7~TTCl;N 89°I3'IT' W FOIL A DL9TANC$ OF 183.34 F$ET; THENCE N 00°33'43" B FO$ A DL4TANCB OF 267.42 FEET; TEI>311TCE N 89°13' I7" W FOR A DISTANCE OF 481.16 Fly!' TO TtB: REAL POINT OF H13OOINNBdG, CONTAINING 6.08 ACRES OF LAND, MORE OR LESS. PREPARED BY; TODD R. WAfI'E P.L.S C:1Prt~eoesiYardiaas (2z4s~UapIy~pedri~t-Rax- ! . Exhibit C Page 2 D. Required Findings from Zoning Ordinance 1. Annexation Findings: • Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, renew the application. In order to grant an annexation and/or rezone, the Council shall make the following findings; A. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone the subject property to C-C and TN-R. The Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. In Chapter VII of the Comprehensive Plan, `mixes use regional' is defined as azeas where commerciaUoffice and residential uses are transitioned between more intense uses, C-C, is harmonious with and in accordance with the 2002 Comprehensive Plan axrd Future Land Use Map this is also consistent with the request for a Traditional Neighborhood Residential desi the mixed use regional designation as a transitional zone. The densi gnation for relim' p ty proposed with the p teary plats are consistent with revious Commission and Council actions and generally conforms to the goals, objectives, and action items contained in the Comprehensive Plan for these transition areas with a request far consistent and transitional densities. The Council finds that the proposed zoning is in general conformance with the comprehensive plan (please see Section 8 of the Staff Report for detailed. analysis of specific comprehensive plan action items that apply to this development). B. The map amendme~ complies with the regulations outlined for the proposed district, specifically the purpose statement; Concurrent with the annexation and zoning application, the applicant has submitted a preliminary plat that proposes single-family attached and detached single family residential products as well as vertically integrated products on the subject site (PP-OS-058). The Council does not anticipate that the applicant plans to rezone the subject property in the future if the acco an ' PP a hcation is approved. The Council finds that the office/retail uses would be allowed Ymg ~ requested C-C district and single family residenial (townhouse) uses would be allowed (per ed) within the TN-R district. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The applicant has submitted elevations for the proposed attached commercial and townhouse units these units will be designed and constructed to meet similar architecture to the single family detached residences and approved through the Certificate of Zoning Compliance process. The Council believes that the design of these single family attached dwelling units will. be compatible with the adjoining uses and transitional in nature to anticipated heavier uses south and west of the site in the Ten Mile/I-84 Interchange, The Council finds that the proposed development will change the existing character of the azea, which is still largely astral. However, the proposed development is generally harmonious with the intended character envisioned by the Comprehensive Plan. The Council does not find that the proposedzoning/uses will not be detrimental to the public health, safety, or welfare. Further, the Council does not anticipate that the proposed uses will be hazardous as long as the applicant complies with the conditions contained in Exhibit B and all City Code provisions. The Commission and Council rely on any oral or written testimony that maybe provided when determining this finding. D. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City, including, but not limited Exhibit D Page 1 • t0~ SCh001 districts; Snd, The abutting roadway, Franklin Road is within ACHD's Five Year Work Pro plan) far road widening and scheduled for 2010. The applicant will be 1 or CIP (20_y~ of all utilities necessary to serve this proposed development. This developmentlwill be serviceable by the City of Meridian's sanitary sewer system through future extensions of the sewer anal water lines located in Franklin Road. The site lies on a Major Arterial (Franklin Road) and future rights of way have been determined by the commenting jurisdictions. Other urban services, such as water, arc near to this site and the applicant should be able to extend such services to the site. The Council finds that the subject site is proposed for development in a fashion expected for a transitional region between commercial, industrial and residential uses. The applicatrt and/or future property owners will be required to pay park and highway impact fees. ACFID has submitted a staff report with site specific and standard conditions as attached in Exhibit B7. On November 10, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, the Council finds that except for immediate sanitary sewer, the public services listed above can be made available to accommodate the proposed development. The Commission and Council reference any written and/or verbal testimony submitted. by any public service provider, regarding their ability, to adequately service this project. The Council does not find that there has been a change in the azea that dictates that this property should be rezoned. The Commission and Council rely on staffs analysis, public testimony received and any comments submitted from any other agencies or departments regarding whether this property should be annexed. Tye Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any polifiical subdivision providing services to this site. E. The annexation is in the best of interest of the City (UDC 11-SB-3.E). rr.~_ _ - ---- - ...,...~••,. ,.• wi~u uie t:1 me C:o cil finds th the annexation and zoning of this nro~emr to C-C and TN R woul be in the best interest of the City. 2. Preliminary Plat Findings: In determining the acceptance of a proposed subdivision, the Commission shall consider the objectives of this Title and at least the following: A. The plat is in conformance with the Comprehensive Plan; Please see Annexation Findings Item A above. 13. Public services are available or can be made available and are adequate accommodate the proposed development; Please see Annexation Findings Items C and D above C. The plat is in conformance with scheduled public improvements in accord the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the develapment at their cost, the subdivision will not require the expenditure of capital improvement funds. Exlu`bit D Page 2 ~ ~ D. There is public financial capability of supporting services for the proposed development; Please see Exhibit B for comments and conditions from other agencies and departments. E. The development will not be detrimental to the public heath, safety or general welfare; and The Council is not aware of any health, safety or general welfare problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACHD considers road safety issues in their analysis. The Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. F. The development preserves significant natural, scenic or historic features. The Council is not awaze of any natural, scenic or historic features which require preservation. The applicant will be required to maintain, fence, and improve the waterways which are existing on this site. k'urthermore the applicant shall define with the Parks Department the location of a multiuse pathway which will further enhance the natural feature of either the Ten Mile Creek. 3. CUP Findings: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is Iarge enough to accommodate the proposed use and ail yards, open spaces, parldng, landscaping and other features as may be required by this ordinance; The Council Ends that the subject property is large enough to accommodate the requested use and all other required features, The applicant will be required to submit for specific conditional use permits far projected commercial uses or at a minimLm a certificate of zoning compliance ensuring proper application of the UDC. IB. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requiremems of this Ordinance; Please see Annexation Findings Item A above. C. That the design, construction, operation, and maintenance wt71 be compatible with other uses in the general neighborhood and with the e~sting or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; The existing character of the azea will, and is, currently changing. However, the Council finds that the applicant is not proposing to alter the structure or character of the property and the use proposed is congruent with surrounding uses and uses that have occurred on the property in the past. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Zf all Conditions of Approval contained in Exhibit B are complied with, the Council does not believe that the proposed rase will adversely affect other properties in the vicinity. Exhibit D Page 3 i • E• That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; The ACRD has submitted conditions of approval for this development as listed in Exhibit B.7 the Council feels that the conditions applied in .Exhibit $ show that proper services can be provided to the site. ]F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Please see Annexation Findings Items C and D above G. That the proposed use wall not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any personas, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; The Council finds that this use will not involve activities, processes, materials, equipment, or operations that will be detrimental to any persons, property, or the general welfare of auy persons or property in the area. The proposed use should not produce excessive traffic, noise, smoke, fumes, glare or odors. The Council recommends that the Commission and Council rely on any and all public testimony given regarding this finding. B[. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The conditions of approval listed in Exhibit B and the ACfID comments have addressed that future road connections and roadway extensions shall be designed. as not to interfere with the surrounding public streets. I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic featnre considered to be of major importance. The Council is unaware of any natural or scenic features of major importance on this site and finds that no natural or scenic features of .major importance will be lost or damaged by approving the subject application. The Commission and Council reference any public testimony that maybe presented to determine whether or not the proposed development may result in the destruction, loss or damage of a natural or scenic feature(s) of importance of which the Council is unaware. Exhibit D Page 4 • November 8, 2006 MERIDIAN CITY COUNCIL MEETING November 8, 2006 APPLICANT Lamont Kouba /Robnett Construction ITEM NO. S-T REQUEST Development Agreement: Lamont Kouba /Robnett Construction for Initial Point Subdivision on East Fairview Avenue: AGENCY COMMENTS CITY CLERK: See Attached Development Agreement 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 shalt become properly of the City of Meridian. ® ADA COUNTY RECORDE J. DAVID NAVARRO AMOUNT .00 40 BOISE IDAH011116106~9 PM DEPUTY Uicld Allen RECORDED-REQUEST OF II I I ~ II ~I I'I I' I'I I I ~I'I I I I II I' I~I I I City of Meridian i 0~ i ~~~ 1 ~ DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. LaMont Kouba, Owner 3. Robnett Conshuction, Inc., Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this ~ l~c~ day of ~Otr~~v~.(~~ ~(~, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and LAMONT KOUBA, herinafter called "OWNERS", whose address is 13490 Gulley Lane, Melba, ID 83641, and ROBNETT CONSTRUCTION, INC., hereinafter called "DEVELOPER", whose address is 172 S. Academy Avenue, Suite 170, Eagle, ID 83616. 1. RECITALS: 1.1 WHEREAS, "Owners" are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho described in Exhibit A, 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 "Owners" or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City"" has exercised its statutory authority by the, enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owners" and/or "Developers" have 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 and/or 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, include responses of government subdivisions providing services within the City of DEVELOPMENT AGREEMENT PAGE 1 OF 14 ® . Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the I (~~ day of ~l~-6'lk.~ , 1997q has approved certain findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which aze attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"), and as provided for in the adopted 2002 Comprehensive Plan Future Land Use Map; and 1.8 WHEREAS, the Findings require the Owners and/or Developer enter into a development agreement before the City Council takes final action on annexation and zoning designation, and/or conditional use permit; and 1.9 OWNERS and/or DEVELOPERS deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, City requires Owners and/or Developers to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance # 629, January 4, 1994, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. 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 aze incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: 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. DEVELOPMENT AGREEMENT PAGE 2 OF 14 ~ ~ 3.2 OWNERS: means and refers to LaMont Kouba, whose address is 13490 Gulley Lane, Melba, Idaho 83641, the party owning the said property being developed and shall include any subsequent owner(s)/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", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian City Code Section J 1-7-2 which are herein specified as follows: Construction of a professional office. subdivision on a currently undeveloped parcel south of Ultra Touch Car Wash off of E. Fairview Ave Development shall be consistent with the Zoning & Subdivision Development Ordinances in effect at the time of development and with the Meridian Comprehensive Plan Future Land Use Map which designates the property as Commercial. 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: A. Owners and/or Developer shall develop the Property in accordance with the following special conditions: Adopt the recommendations of the planning and Zoning and Engineering staff as follows: SITE SPECIFIC REQUIREMENTS 1. Construction and placement of a 10' wide asphalt pathway, as called for in a memo from Tom Kuntz dated August 9, 2002, shall be coordinated with the Meridian Parks and Recreation Department. 2. In addition to the requirements of the Findings of Fact and Conclusions of Law set forth in attached Exhibit B, Owner shall provide eleven (11) parking spaces to the adjoining Ultra Touch Car Wash parcel located immediately north of the property described in Exhibit A, and shall be subject to approval DEVELOPMENT AGREEMENT PAGE 3 OF 14 • by the Planning and Zoning staff. A cross parking, access easement to effect this condition shall be recorded prior to issuance of a building permit for the property described in Exhibit A. The Planning and Zoning department must review and approve the agreement prior to recording. This agreement is reasonable because: a. The Ultra Touch Conditional Use Permit was approved after a lot split was approved. b. The Ultra Touch Conditional Use Permit Site Plan and Application showed parking on the parcel that was not sold to Ultra Touch, which parcel is the subject of this Development Agreement. c. If the off parcel parking is discontinued, Ultra Touch will then be out of compliance with Meridian's Parking Ordinance. d. LaMont Kouba owned the property on which Ultra Touch applied for their Conditional Use Permit, and as Owner consented to the site plan showing the parking spaces to be built by Ultra Touch and now used by Ultra Touch. e. Ultra Touch provided and paid for the parking lot now built on the parcel which is the subject of this Development Agreement f. Across-parking access easement, which shall be approved by the Planning and Zoning Department, shall be provided for the eleven (11) parking spaces. 3. The applicant shall comply with the annexation and zoning findings, conditions, and requirements, that are attached hereto as Exhibit "B", along with the conditions and requirements listed within this Development Agreement. GENERAL COMMEloTTS 1. Down-shield or otherwise alter all exterior lighting, whether attached to the building or located within the parking lot, so that the light does not spill over onto adjacent properties ofrights-of--way. All parking lot lighting shall be in accordance with Ordinance 11-13-4.C. 2. Provide signage in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and will be removed upon three (3) days notice to the applicant. 3. Building and site improvement construction shall conform to the requirements of the Americans with Disabilities Act. 4. Submit a drainage plan designed by a State offdaho licensed architect or engineer to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. DEVELOPMENT AGREEMENT PAGE 4 OF 14 • Storm water treatment and disposal must 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 waters 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. 5. Trash: The trash enclosure shall be enclosed on at least three sides by a solid wall or sight -obscuring fence at least four feet in height in accordance with Ordinance 11-12-1. C. Coordinate location and construction requirements with Sanitary Services, Inc. 6. Certificate of Occupancy: All required improvements shall be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid shall accompany any request for temporary occupancy. Any temporary occupancy shall not exceed 60 days to complete the required improvements. 7. A Certificate of Zoning Compliance (CZC) and a builduag permit shall be obtained prior to the start of construction. A detailed landscape plan, prepared by a licensed landscape architect or other landscape professional, shall be submitted with the CZC application. INITIAL POINTE DEVELOPMENT AGREEMENT SITE SPECIFIC CONTITION5 OF APPROVAL 1. There shall be no loitering, littering or excessive noise pollution in the common parking lot. 2. No vehicles shall be left in any one parking stall for a period longer than 48 hours. 3. A speed limit of l Omph shall be imposed on the common parking lot a 4. Parking lot and common area maintenance and repair, ttash collection and DEVELOPMENT AGREEMENT PAGE 5 OF 14 ~~ snow removal fees shall be assessed to property owners based on the percentage of total parking stalls assigned to said property owner. 5. Ultra Touch car wash shall have access to the eleven (11) designated parking stalls only. Adopt the Recommendations of the Central District Health Department as follows: 1. It is recommended that storm water be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Adopt the Recommendations of the Nampa & Meridian Irrigation District as Follows: 1. The Nampa & Meridian Irrigation District's Fivemile Drain courses through the southwest corner of the above-mentioned proposed project. Any encroachments will require approved plans and a signed License Agreement. 2. any storm drainage leaving the site or returning into the Fivemile Drain will require a Land Use Change/Site Application. Adopt the recommendations of the Meridian Parks & Recreation Department as Follows: 1. We need a 10' wide asphalt path adjacent to the east side of 5-mile Creek. The pathway could be constructed over the top of the 20' sewer easement and should be the length of sewer line . Additionally, the applicant shall be required to comply with all conditions, requirements, and Site Specific Requirements as set forth in the Preliminary Plat, PP-04-012, and any future Certificate of Zoning Compliance. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the Owners and/or Developers or Owners and Developer's heirs, successors, assigns, to comply with Section 6 entitled "Condisions Governing DEVELOPMENT AGREEMENT PAGE 6 OF 14 ~J Development" of subject Property of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION ; Owners and/or Developers consent upon default to the de-annexation and/or a reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owners" and "Developers" and if the "Owners" and "Developers" fails to cure such failure within six (6) months of such notice. 8. INSPECTION: "Owners" and/or "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. 9. DEFAULT: 9.1 In the event "Owners" and/or "Developers", "Owners" and/or "Developer's heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by "City" of any default by "Owners" and/or "Developers" of anyone or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at DEVELOPMENT AGREEMENT PAGE 7 OF 14 "Owners" and/or "Developer's" cost, and submit proof of such recording to "Owners" and "Developers", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "city" shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owners" and/or "Developers", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owners" and "Developers" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 l:n the event the performance of any covenant to be performed hereunder by either "Owner" and "Developers" or "City" is delayed for causes which are beyond the reasonable control of the parry responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similaz causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements, which the "Owners" and/or "Developers" agrees to provide, if required by the "city". DEVELOPMENT AGREEMENT PAGE 8 OF 14 • 14. CERTIFICATE OF OCCUPANCY: The "Owners" and/or "Developers" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owners" and/or "Developers" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That "Owners" and/or "Developers" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY c/o City Engineer City Of Meridian 660 E. Watertower, Ste 200 Meridian, ID 83642 OWNER LaMont Kouba 13490 Gulley Lane Melba, ID 83641 Robnett Construction, Inc. 172 S. Academy Avenue, Suite 170 Eagle, Idaho 83616 With copy to: City Clerk City of Meridian 33 E. Idaho Ave Meridian, ID 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as maybe granted, to court costs and reasonable attorney's fees as DEVELOPMENT AGREEMENT PAGE 9 OF 14 • determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other parry so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Properly". 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 benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owners" and/or "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owners" and/or "Developers" has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owners" and/or "Developers" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owners" and/or "Developers" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 21.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the DEVELOPMENT AGREEMENT PAGE 10 OF 14 • • "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT PAGE 11 OF 14 ACKNOWLEDGEMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: °'~ Kouba CITY OF MERIDIAN DEVELOPMENT AGREEMENT PAGE 12 OF 14 (STATE OF IDAHO) COUNTY OF ADA) :ss On this ~ 5~ day of Nay2~w~p ~,r~ _ in the year of app ~ before me, ~v A M. .~ u.a'~ S a Notary .Public, personally appeared LaMont Kouba, known or identified to me to be the person who executed the instrument and acknowledged to me that he executed the same. ',•••••••'•B UR~Ns •••,. .w ` ~~ARY # (SEAL) ; N~ G ~ ru~~` ~° (STATE OF IDAHO) ,~~••.,~i~f'pq TE O~ ~~`~''• :ss ••~INr^^^rN•••• COUNTY OF ADA) Notary Public for Idaho Residing at: t ~ Commission expires: rti • 3. ~~ On this a Rd day of I~,t~v2vH.~-2/ in the year of ~ pp ~ before me, Evc+. M , d~ ns a Notary Public, personally appeared ~ ,~~, .,,~ ~b~~- and known or identified to me to be the ~~, ~-e n ~- and n ,,,swe,r of Robnett Construction, Inc., who executed the instrument and acknowledged to me that they executed the same on behalf of said Robnett Construction, Inc. .••'- BVq-'••.~ d1 ••,~~ Notary Public for Idaho 'y ~0~, ~G %t Residing at: ~ ~. y ` ~ Commission expires:~~~ O~J ~~ ~1C ~' O 1~EVELOPMENT AGREEMENT PAGE 13 OF 14 • i (STATE OF IDAHO) COUNTY OF ADA) ss On this ~~ day of ~'~'~~~ in the year of '~,~ ,~ ~ before me, ~~. rl ,v~r1 ~~w~n.~'~n a Notary Public, personally appeared Tammy De Weerd and William G. Berg, Jr., known or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian and the persons who executed the instrument and acknowledged to me that they executed the same on behalf of said City of Meridian. (SEAL) se~+se_ ~`~ wLa~~~v~`~-J Notary Public for Idaho Residing at: ~ ` . ~ ' i <~ ~~ Commission expires:l~~ j Z:\Work\M\M~idian\Meridian 15360M1Initial Point - Rolmett Construction, Inc. Dev Agmt\Dav Aguztdoc DEVELOPMENT AGREIIVIENT PAGE 14 OF 14 U CJ IDAHO tsu45~0 tip Watertower St. SURVEY Me-~a~a~, t~~o ssbaz G RQ U P PhonB 1208) 846-8570 Fax (208}884-5399 04••057-00 Pt°oposed Zni#ial Point Subdivision March 22, 2004 A parcel of land located in the Northwest'/ of the Northeast Y4 of Section 7, T. 3N., R. lE., B.M., Ada County, Xdaho, more particularly described as follows: Commencing at the l comer common to Section 6 and the said Section 7, from which the Northeast comer of said Section 7 bears South 89°28'06" East, 2641.06 feet; Thence along the North-South mid-section line South 00°34'26" West, 30p.00 feet to the REAL P©INT OF B)EG#NNxNG. Thence South 89°28'24" East, 330.00 feet; Thence South 00°34'28" West, 372.1b feet to a point on the North line of Danbury Fair Subdivision No. 4, as same is recorded in Book 68 of plats at page b9b1, records of Ada County, Idaho; Thence along said line and the North line of Sterling Creels Subdivision, as same is recorded in hook 77 of plats at page 8100, records of Ada County, Idaho, North 89°42' S6" Wes#, 330.00 feet to the Northwest corner of said Sterling Creek Subdivision; Thence North 00°34'26" East, 373.56 feet to the Point of Begirming. Containing 2.82 acres, more or less. Prepared By: ~4~.1 3-tzv~ ~~rF~Ft D. Terry Peugh Professional Land Surveyors ,p,1NNERATION BIND ZOIQINt~ WITB A CONDITIONAL USE PERMIT 635 S. FAIRVIE'~It 'AVENUE ~~I~RIDIAN~: ID_ANQ~ FINDINGS OF FACT AND ~CpNCLtTSIONl~ OF LAW The above entitled annexation and zoning application having come on for consideration on May L4, 1995, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Sall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant's representative, Sob Daugherty, appearing in person, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDI'NG3 OF FACT 1. That notice of public hearing on the annexation and zoning was published for two {2) consecutive, weeks prior to the .said public hearing .scheduled for May 14, 1996, the first ublication of which was fifteen (15~ days prior to said hearing; P lq, ~.g9b, hearing; that that the matte= was duly considered at May ublic was gives full opportunity to express comments and the p . ~ submit evidence; aad that copies of all notices were avail-able to ruewspaper, radio acid television stations. Z. That the property included is the application for FII-iDINGB OF' FACT AND CONCLUSIONS OF L~ PAtt~rla - 1 a~aa~saN_Kati~A E~l~htil~;t 3 l a~,~. ~ of ~~S ~ ~ ~~~ A • i annexation and zoning is described in the application, and by this reference. is incorporated herein; that the .property is approximately 3.87 acres in size. 3. That the property is presently zoned by the county as R-T {Rural Transition); that the Applicant requests that the property be zoned General Retail and Service Commercial {C-G}, and has requested~a conditional nse permit to allow the construction of a comtaerciai facility with two { 2 ) initial retail .sales tenants ; that one {1) tenant would be ~atreme Sports, a~Jet Ski Retailer, the other would be Treasure Da31ey Auto Parts, an auto parts retailer, both would be providing sales and service; that there will be an expresso/lunch shop; that these proposed retailers would be located ii~~the first building, which would front on Fairview Avenue and be of concrete block construction. 4. That currently the property has a single family house with various out-buildings, a large asphalt ps.rking area and the balance of the property is pasture; that the Applicant proposes removing the house and out-buildings. 5. That upon completion, and as demand requires, the Applicant proposes the construction of two {2) additional "R & M Steel Buildings"; that these two constructed buildings will be towards the rear of the property; that the anticipated tenants will be geared towards the auto service industry, such as, an auto detailing shop, muffierlwelding shop, and recreational vehicle repair shop. FIBOINGS OF FACT ABD CO~USIONS OF ~.AW - JOHffiSO1f~KOUBA PAaT - 2 ~ddtiil~ ~v ~a~c 2 0~' 2~ 5. The general area surrounding the property is used primarily for commercial purposes; that the property to the north is being developed by AvEST PLAZA for the Fred Meyer shopping center; that this property is situated between Meridian Auto Sales and Roundtree Chevrolet, which are zoned commercial. 7. That the property is adjacent and abutting to the present City limits; that th® property surrounding this lot is in Meridian. 8. That the property~includ~i in the annexation and zoning application is within the Area of Impact of the City .of Meridian; that the parcel of ground requested to be ann®xed is presently included within the Meridian Urban Service Planning Area (U.S..P.A.) as the Urban Service Planning Area' is defined in the Meridian Comprehensive Plan. 4. That Lamont and Lynn Kouba, of Meridian, Idaho, are the owners of the property and have requested this annexation and zoning and conditional flee and the application is not at the request of the City of Meridian. 14. That the property could be'physically serviced with City water and sewer. 11. Applicant's representative, Hob Daugherty, testified that this application is for a proposed comet®rcial development which would be primarily gear®d towards the automotive and recreational industries; that the initial site plan reflected an entry on the west side of the property; that after conversations with the Ada County Highway District (ACHD~, they suggested moving the ent~i to FINDINaB OF FACT AND CONCLIIS;flNH QF yew - Jfl~SflN-$OLiBA PAGE - 3 the east side of the property which would be next to the Roundtree Chevrolet dealership; that the new site plan indicates, as did the old site plan, that on the west aide of the property it is bordered . by Meridian Auto Sales and on the seat aide of the property is Roundtree Chevrolet; that. directly to the south of the land is vacant property;~that on the southeast sid® of the lead is Danbury Subdivision; that on the southwest corner of the property is the Five Mile Creek Drainage; that the initial building in the front would be a block ,building and the rear buildings would be constructed of R and M Steel;:that the belief is that this facility will fit in this area; that the five foot sidewalk, mentioned in staff's comet®nts to connect to the sidewalk on Fairview Avenue, is addressed in the Ada County Highway District's, impact fees; that the 35 foot setback along the main corridor of~Fairview Avenue is anticipated to be bermed and landscaped. Mr. Daugherty added that there are two wells currently on the property; that the Applicant expects to abandon one and anticipates using the other for the pressurized irrigation system; that the R ~~ and M~Steel buildings, will be constructed and divided up. with partitions according to demand, separating them for individual uses. 12. Comm~.ssioner 8epper commented that Roundtree does not have any service doors facing' south towards Danbury Fair Subdivision and that he is concerned about what is marked as N, O, P and Q, where the ®ervice doors. on those would be in relationship lo'INDI~S OF FACT AND ~ CONCLV8I088 OF LAS - JOBMBON-R-OUBA PAS - $ E ~c~h; { ~~~ '{ a~ ~s to the entrances to Danbury Fair gubdivision; that there should be at .least a 20 foot glancing strip on the south with non-glare lights and no outside speakers which could be obtrusive to the residents on the other side of the fence. ].3. Commissioner MacCoy commented that the Applicant consider building mounted lights which are ehi®lded so you don't have light~q way nut into the back ®nd~which would create a problem. 14. Diana Hoyd testified r®gasding her concern of contamination; that the Applicant is a little premature in tryin to et this 9 g proferty rezoned to commercial until the. contamination is cleaned up; that she has spent a lot of money in trying to get Mr. Rouba to clean up the contamination; that it has not been cleaned up on her area which is contaminated from his side of the fence because it was a spray service; that benzine and chloradine are on her-side of the fence which has not been cleaned up; that the Applicant has a beautiful~ylaid out plan but.she-doesn't think it i~ going to look like the plot looks. 15. Bob Daugherty added that the.concerns over contamination are legitimate concerns; the Department of Environmental Quality (DEQ~) that was investigating the yea ~d the property; that he is certainly willing to have this annexation and zoning and conditional :use permit contingent on having a clean bill of health from~the State of Idaho Department of Environmental Quality. In addition, he ~ has elected not to even try to put in an auto bod Y shop and would have no~ problems with required conditional use for FIB'DIN+©3 OF FACT AIDTD CO~I,OSIOgg OF IOW - JOffi~~ON-KOUBA ~ ~ ' t ~ () 0.~ S ~'~ ~5 PAGE - 5 all~uses• 1 ~ . Eleanor anti Rod Johnson testified that they own the property on which Roundtree C ,, hevrolet sits, which Z. B. Industries . is leasing, and the property to the which is one full acre to the back east of Mr• Kouba~s property fence along the cane]. bank- line has been moved- - that the that they don't want access Property. 17• across their That the Meridian Department ~ Police Department. Fire . Assistant to the Meridian . Highway District City Engineer Meridian ~ Ada County PlanningDirector, Central District Health Depa,~ment ~ and the Naha & Meri submitted co ~~ Irrigation District mments,,that those co this reference as mments are incorporated herein by if set forth in full. 1'8• That Bruce Freckleton Engineer ' the Assistant to . submitted the~followin ce the City 4 mments. 1• That a le al describe the s g description submitted an error in the~c osu=e Cei, however there a appears to PPears to be ~• That the site will be coati o already within the Corporate Cit ~ us to several surveyor preparin Y Luau.t and that the land should contact 9' the legal description for legal description. the Public Works Department to dis usstthe 3• That any existin crossing the prop®rty shall beltiled,~dralnage ditches ~• That any existin ®ystems within tlu,® ra a d~testic wells andlor their domestic service ~ ct will have to be = .septic be used for Per City Ordinance, but 1 gf~m irrigation. non-d°mestic Purposes such as landscape 5• That water service results from a ~iy,~aulic~ is contingent upon - analysis. positive FINDINGS OF FACT AND CONCLiJSIONg OF yAW JOHN80N-$pugA PARE-6 k~~ii ~ ~ ~ 0.~ tQ ~ ~~ ~' ' 6. That a drainage plan designed by an architect or an engineer shall be submitted for all off-street parking areas. 7. That outside lighting shall be designed and placed' so as to not direct illumination oa any nearby residences. ~ . 8. That all .signage .shall be in accordance with Meridian City ardinances~ 9. That off-street pa=king, paving and stripping., shall all be provided is accordance with City Ordinances and that tie paving and striping shall be in accordance with the Americans with l~isabilitiee Act. i0. That water service to this development shall be from an extension of 'the existing 6 inch diameter main installed along the southerly side of Fairview Avenue; that all water mains shall be in®tal'led at subdivider's expense; that location of fir® hydrant, water main sizes and locations shall be coordinated with the City of Meridian's Water Works Superintendent; that Development plans shall be reviewed and approves through the Public Works Department. 11 • That sewer service to this development shall ~be from an existing main that is in place al®ag the west side of the site; that all sewer mains shall be installed at subdivider's expens® and coordinate sewer gain sizes and locations with th® Pablia Works Department; that Development plans shall be -reviewed and approved through the Public Works Departm®nt. 12. That the treatment capacity. of the City of Meridian's Wastewater Treatment Plant is currently being evaluated; that approval of this application needs to b® contingent upon the City's ability to accept the additional sanitary sewage generated by~ this proposed development. .13. Indicate any ®xisting FEMA Floodplain_Bouadaries on the Sit® Plan ~Iap, and/or any plans to reduce said boundaries. ~1+~ . That the Applicant .irrigation s~steaa plans for area to receive irrigation. shall develop pressurized the subject site due to the 19. That the Planning and Zoning Administrator, Shari stiles, FI~+1DINt~S OIa' 1~ACT A~TD COSQ,USIOMS OF ?SAW - .TOffi~SOlc[-ROUBA ~Iti'tl~'-~ $ ~0..~. -1 a~ ~~- PAt~l+~ - ? submitted comments and they are incorporated herein as if set forth in full, a® follows: 1. That this request for Annexation and Zoning of C-G with a Condition IIse permit is consistent with the Meridian Comprehensive Plan.and is located in a Mixed- Planned~Use Development area as shown on the Generalized Land Use plan. 2. Ada County Eighway District policy requires that access from Fairview to this development be located on the east side and that cioss access agreements be entered into for the properties east and west of this parcel; that the site plan may be able to be flopped to accommodate this requirement. 3. Provide fire access and hydrant locations in accordance with the Uniform Fire Code.and Meridian Fire Department policies. 4 . ~ Fifty-four ( 54 ) three-inch ~ (3" } caliper trees are required for this development, but may not be located over the existing newer line or over other utilities as depicted; Applicant shall revise landscaping to relocate trees. 5; Provide a copy of the executed license agreement with Nampa-Meridian Irrigation District to allow planting within their easement right-of-way .prior to obtaining building permits. If trees are not allowed in this easement, trees Shawn will need to bo relocated. 6. Coordinate dumpster site locations with the City's solid waste contractor,- Sanitary Servi.ce~s, Inc. , so as not to impede fir. access and all dumpsters shall b® contained in a screened enclosure. ? . Dedicate four (4 ) additional feet of right-of-way on Fairview Avenue ( 59~ ~ from c®nterline) . .Furnish a copy of recorded warranty deed for dedication of additional right-of-way prior to obtg'~ning building permits. 8. Provide a thirty-five (35'} foot landscape setback beyond required right-of-way. Applicant to provide detailed landscape plan including berming details for approval prior to obtaining building permits. Sidewalk/curbing should be installed along Fairview Avenue to provide finished appearance. ACED has requested that monies for the sidewalk be deposited into FINDINt38 QF FACT AND C4ATCLUSIONB t~F I~ - JO~SON-R~USB P&GB - 8 ~ ~~ a trust. 9. Applicant to provid® curbing and underground . sprinkler system for .all landscaped areas. Z0. Maintain twenty-foot (20' f buffer strip adjacent to Danbury Fair Subdivision ~as: shown oa plan. The R-T property to the south may .also require additional . buffering by means of fencing/laadacaping~. 11. I~rovide temporary fencing ~to cor-tain debris during construction. 12. That all paviuq, striping and sigaage of the parking lot to be in accordance with Meridian Citg Ordinance and the Americans with ,Disabilities Act. 13. I~ightiag shall not illuminate adjacent residential properties or cause glare. 14. A development :agreement/detailed conditions of approval are regained as a condition of annexation; that all u®es should be developed under the conditional use permit process. 15. That the Applicant shall provide a revised site plan meeting all staff and agency requirements prior to public hearina~ at ~ City Council level . 20. ,That the Ada County Highway District submitted comments and they are incorporated herein as if set forth~~in full. That the District submitted site specific requirements, which are as follows: 1. That the Applicant dedicate 54 feet of right-of-way from the o®aterline of Fairview Avenue abutting the parcel (4 additional feet) by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits). 2. Provide a $1,275.00 deposit to the public Rights-of- Way Trust Fend for the cyst of consttacting a 5-foot wide concrete sidewalk oa Fassview Avenu® abutting the parcel (approximately 150 feetj. 3. Construct a 36 ~ wide driveway located. at this site ~ s F3IdDINt38 OF FACT AffiD COMCLUSIGMB OF ~ - JOBMSOM-ROUBA . PAG'~ - 9 • ~ east property Line. The driveway shall be paved a minimum of 30 fe®t into the site and shall have i5 foot radii pavement tapers. 4. That the Applicant be required to provide cross access easements to the parcels abutting the site's east and west (th® parcel south of:M®ridian Auto Sales) to use shared access points for access to Fairview Avenue, prior to issuance of a building permit or other required permits. The District iatends to require a similar agreement of the owners of the parcels to the east and west if they are the subject of a future development application. 5. Other than th® access point specifically approved with this application, direct lot or parcel access to Fairview Avenue is prohibited. 21. That the Sewer Department submitted a~comment regarding the conditional use request and such comment is hereby incorporated herein as if set forth in full; that a copy of the internal plumbing plans be submitted; that review of coastruction plans for pretreatment purpose will be required. 22. That the Water Department commented that the plans for the proposed water main, fire hydrants and domestic service locations and sizes need to be submitted to the Water Department and reviewed. 23. That Commissioner MacCay submitted statements regarding this application and they are hereby incorporated herein as if set forth in full; he commented he had ao objection to this property being rezoned to C-G in light of what is already so zoned and constructed along Fairview Avenue; that he does object to the property to the south being zoned C-G in light of other County R-T located there. FTIdD3NG8 0~' FACT AND C08CLUSIOBS OF LAW - JOH~TSON=$OUBA PAtiE - 14 1c4w,1~t 'PS ~a.~c. 1 ~ off' 2S . • A Z4. That the following psi-tinent statements are,®ade in the Meridian Comprehensive Plan; A. IInder ECONOMIC DEVELOPA+~;NT~ Economic Development Goal _ Statement 1.3 The character, site improvements 'and type of new commercial or industrial developments should be harmonized with the natural environment and respect the' unique needs and features of each area. 1.6 It is the policy of the City of Meridian to su shopping facilities which are effective) inte pport new or existing residential areas, and~~plan afor )new shopping centers as growth and devel+~pment warrant. " 8. Under LAND USE 5. MIXED-PLANNED IISE DEVELOPMENT, Page 28 Mixed-use Area at Locust Grove Road and Fairview Avenue Plus Area North of Fairview Avenue. These areas are within Ada County, but nearly surrounded by the City of Meridian. The area is characterized by large rural lots, and a sparse develo ment order to stimulate planned developmext in here areasn the following policies apply: a. toidevelo All development retests.will be subject pment review aad conditional use permit processing to ensure neighborhood compatibility. b. 5.17U A variety of coordinated coanpatible land uses are desirable" for this aread including low-to-high d®nsity residential, office, light industrial aad commercial land uses. c• 5.18U Existing residential properties will be protected from incompatible land use development in this area. 3ereening and buffers will be incorporated into all den®lopmeat requests in this area. " C. Under COMMMUNITY DESIGN, at Page 71 1. Entryway Corridors 2. Fairview Avenue (East entrancej. ~"T1~DaNGB OF FACT AND CpgCLUgIQl+tB OF LAW - JC8b1'SON-ROUBA ~' 3. Sntrance Corridors Goal Statement - Promote, encourage, develog~ and maintain aesthetically pleasing approaches to the City of Meridian. 3. Policies, Page 71 a. 4.3U Use, the Comprehensive Plan, subdivision regulations, and zoning to discourage strip development and encourage clustered, landscaped _ business development on entrance .corridors. b. 4.+~U Encourage 35-foot landscaped setbacks for new d®velopment on entrance corridors. The City shall require, as~~a condition of development approval, landscaping along all entrance.corridors. 4. Neighborhood Identify Goal Policies, Page 72 a. 6.gU Limit the conversion of predominantly residential neighborhoods to nonresidential uses, and require effective buffers and mitigation measures through. conditional use permits when appropriate nonresidential uses are proposed. 25. That the property~is.included within an area designated on the Generalized Land Use Map in the Meridian Comprehensive Plan as ~ commercial area; that the commiercial area is~in an area that is listed as a Mixed/Planed~Use D®velopment area. 26. That the requested zoning of General-Retail and Service Commercial, (CMG) is defined in the Zoning Qrdinanee at 11-2-~08 B. ll. as followsa ~C-G1 General Retail and Service Commercial: The purpose of the (C-G} District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are aato and service oriented and are located in close pro~~m~ty to major highway or arterial streets; to fulfill the need of travel related services as well ae retail sales for the transient and perananent motoring public.. A].l such districts shall be connected to~the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and . encourage clustering of commercial development. 1~'TBIDII-it~8 OF FACT At~D CQ&CLU8IQ1~8 -OF LAW - . JORN8ON-KQLTBA PAGE - 12 ~ ~ 27. That Section I1-2-449r Zp~~ SCHEDUIpE OF USTs CONTRO$, B Commercial, lists co~mnercial uses allowed in the various z , districts of the Cit oning ~'i that individual d®par'tment stores, retail st®res, restaurants, and wholesale facilities, ale allow ed uses in the C-~ district; that planned~co~rcial developments a al]~owed. use in the C-G district. ~ re an . 28. That Planned Development is defined in 11-2-403 Page 20 of the Zoning Ordinance book2,str as~follows: B, at . "An area of land which is developed as a single entit number of uses in combination with or~exclusive of othea supportive uses. A PD ma r industrial, or commercial or a y be entirely residential, 'PD does not necessarily comes mixture of compatible uses. A lot, coverage required, o ea ®ond to lot size, bulk, density, commercial ®r industria3~uses asc establ ~ ed in B81dential, more created districts or this Ordinance." ~y one or and a Planned General Development is defined as follows: "A development not otherwise distin Commercial, Industrial, Residential Deve opmentsn or inxwhich the Proposed use of interior .unusual design flexibility to ~ aeh~zeve a completely logical a compl,imenta quires classificat of a appliestt4 essent~z,aei ~Iicus etions. nd This PD private recreation facilities 1° ~ eruices, public or facilities or a PD which inc odes t ati°nal uses, community commercial or industrial uses.~~ ~-x of residential, 29. That in I99Z the Idaho State Legislature amendments to the Local planning Act, which in 67-~65;3 Id passed e Code, relating to subdivision ordinances, States as follows: "Each such ordinance may provide for m~-tigation of the of fec .of subdivi®ion development on the ability ®f is subdivisions .of the state, including school districtstic~ol deliver services without c ' °mpr~aising, quality of service delivery to current residents- ar additional costs upon current resident ~o sacco~substantial subdivision."; mmodate the FINDINGS OF FACT ~ AND CONCyu8Ii~8 ~ OF LA~1 - JOBNSON-ROUBA ' ~° PAl~E - 13 G X~~~ ~ ~~ l~ ~ ~5 ~ ~~ that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City lbeing _ able to provide fire, police, emergency health care, water, sewer,. parl+cs and recreation services to. its current r®sidents and tc, those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School ,District which provides school service to current and future residents of the City; that the City knows that the increase in population, and the housing for that population, does not sufficiently incr®ase the tax base to offset the cost of providing fire, police, .emergency health care, water, .sewer, parks and r®creation services; and the City knows that the increase in population does not provide sufficient tax base to provide far .school s®rvices to current and future students. 30. That pursuant to the instruction, guidance, and direction ~of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply~to ail lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 31. That S®ction 11-4-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be requ%red where nece®sary to obtain conv®aient pedestrian circulation to schools, parks.or. shopping areas; the pedestrian easement shall be at least ten feet ~IO'~ wide." 32. That Section 11-9-605 G 1. states as.follows: ~s~i~®s /o~~fp~~~r ~a co~c~vsso~s o~ ~w - ~ ~ p~ - ~~ JoRMBOM-ROB - ~, _. '. red to .be placed next to ^Plaating striPB shall ~ r~• railroads, commercial incompatible featur®s such as h~.ghwa.Ys ~ , or industrial uses to•screen be a miwnimnm of twenty feet Properties. Such screenLng shall of the normal street right (2p • ) wide, and shall not be a part . of way or utility easement.° 33. That Section 11-9-605 8 2. states as follows: ^Existing natural features which add value to residential development and enhance the et'h-r~®toric s spout and o~nla= {such ae ~ trees, watercourse: , irreplaceable amenities] shall be preserved in the design of the~subdivision;^ ' 3~,. That Section 1i-9-605 L states as follows: ~~ cle and pedestrian.Pathways she'l'l be encouraged within Bicy new developments as tahz'8tt an alter ate transportat on system separate easements ~ ate from the automobile) can be (which is distinct and ,separ rbaa Service. Planning Area. The provided throughout the City Coma-ission and Council shall~~ con®8sder = pared bye Ada ®County nesian ~Manua~ for Ada Co~;'~ ~ bicycle and pedestrian gighway Districts when reviewing ~' pathway provisions within development®.. 35, As stated above in Paragraph 3, the Applicant submitted a lication for a conditional use to allow commercial retail an pP auto industries i that sales businesses catering to recreational and. h material on the conditional u®® perms-t is incorporated herein suc ~ licant did that the App by this reference as if set forth i.n full, t ~s ecifically address the conditional use for the no P tic hearings that as found wholesale/retail business at th® ~ licant needs to above, the Planning D3„rector stated that the ~~ApP . ~,a3.mum landscape setback of 35 foot from the required provide a .. that all outdoor storage of equipment and ACED right-°of way, terials shall be stressed from view from any existing adjoining ma sidence or residentially Zoned area and not located in any front re FINDIigGS OF FACT Bi~D CO~CLUSIOES OF LAW ' ' FAGI~ . - 35 J0~8ON-ICOUBA yard setback area: that the display axes shall be uncluttered; that all off-street Barking areas and all ditches be~tiled per City t)rdinance; that the lighting shall not cause glare or adverse impact to residential properties or traffic on Fairview Avenue; that a development agreement shall be required as a condition of annexation; that a Certificate of Occupancy is required prior to opening for business and that~~tiie location of the handicapped parking stall be adjacent to the building•~ ' 3$ . That there are commercial uses on both sides of Fairview, including a used car lot, a retail paint store, a fitness center on the north side of Fairview, and restaurants cn the north side of Fairview; also on the' north side of Fairview Avenue there is a carwash and an emergency 'medical office; that farther east on Fairview Avenue is an Interntountaia Farmer retail store. 37. That proper notice was given as required by law and all rocedures before the Planning and Zoning Commission and City P Council weze given and followed. cv~cLVSZO~s ~.. That all the procedural requirements of the Local planning Act and of the Ordinances of the City of Meridian have been stet; ,including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's p=operty. . Z. That the City of Meridian has authority to ann®x land pursuant to 50-2ZZ, a o Code, and Section 11-2-~17 of the Revised FIpDINCsS QF FAICT At~D CONCLUSIOI~B OF I+A-W - PALM - 1G J'O8g80M-KQUBA and Compiled Clydinancee, of the Citg of Meridian; that exercise of the City's annexation authority ie a legislative function. 3. That the City Planning and Zoning Commission has judged these annexation, zoning and~conditiorial use applications under Idaho Code, Section 50-222, Title 67, Chapter: 65, Idaho Code, Meridian City ordinances, Meridian Comprehensive~~Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4 . That all notice and hear3~ng requir+a~-eats: set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian hav® been complied with. 5. That the Council may. take judicial notice of government ordinances, and policies, and of actual conditions existing within the City cad State. 6. That the lead within the proposed annexation is contiguous to the pr®®ent City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated kry the Applicant with the consent of the property owner, and is not upon the initiation of the City of Meridian. 8. That since the annexation cad zoning of land is a legislative function, the City bas authority to place conditions upon the annexation of land. Burt vs. The City of I~aho_Fa11s~,105 Idaho b5, 6fi5 P.D 1075 (1983). 9. That the development of annexed land must meet and comply FINDINGS OF F$CT AND CO~ICL~JBIONB ~ Id~1S~ -. JOBNSO~i-$OUSA PAGE - 17 with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and Section I1-9-5fl5 M., which pertains to the tiling _ of dlitches and waterways. 10. That the Applicant's proposed use of the property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. 11. The Applicant has stated and represented that its intention is to have buBinesses =elated to the automobile and other motor vehicles, which are permitted sees in the C-G diotrict. 12 . That, ae a condition ~~of annexation and zoning of C-G, the Applicant shall b® required to enter into a development agre+sment as~authorized by 11-2-416 L and 11-Z-417 D; that the development agreement shall address, among other things, the following: 1. Inclusion into the development of the requirements of 13- 9-605 a. C, Pedestrian Walkways. b. G 1, Planting~Stripe. . .c. 8, Publie SiteB and Open Spaces. d. R, Lineal Open Space Corridors. e. L, Pedestrian and Hike Path Ways. f. M,~Pressurized Irrigation 2. The concerns of the owners of property along Fairview Avenue, stated in prior public hearings, were of having lights, particularly automobile headlights, shine into .their yards and homes. 3. Payment by the Applicant, or if required, any assigns, heirs, executors or. personal representatives, of any impact, development, or transfer fee, adopted by the City. 4. Addressing the access linkage, screening, buffering, FtI+Y9ING~S OF FACT AHD CGNCL'DSIONB OF LAW - JOffi~80~f-K01JSA PAQE - 1$ • • transitional land uses, traffic study aad recreation services. 5. An impact fee to help acquire a future school or park sites to serve the area. 6. An impact fee, or ~ fees, for park, police, and fire ` ~, services as determined by the City. 7. Appropriate terming and landscaping.. 8. 3ubmiasion and approval of any required plats. 9. ~Harmonizinq and integiatinq the site improvements with any existing residential development. 10. Establishing the 35 ,foot landscap®d setback as mentioned in the Planning Directors comments and in the Comprehensive Plan aad landscaping the same. 11• Addressing the other comments of the~Planning Director, shari stiles. 12. The sewer and water requi~emeata. 13. Traffic plans and access into and out of the development. l4. And any other items d®emad nec®esary~by the City Staff, including design review of all development, and - conditional use processing as required under the Meridian Comprehensive Plan. 13. That 3ectioa 11-2-417 D~of the M®rida.an Zoning Ordinance states in part as follows: "If property .ia annexed an+d zoned, the City may r®quire or permat, as a condition of the zoning, that, an owner or developer make a writt®n commitment concerning the use or development of the subject property. If a commitment is . required or pertained, it shall be raaorded in the office of the Ada County Aecordsr~aad shall take effect upon the . adoption of th® ordinance ana+sxing aad zvaing the property, or prior if agreed to bg the owner of th® parcel. ."; that siace~ the enactment of the above section, .the City has found that it is difficult for the City and th® Applicant to enter into a development agreement prior to annexation; that it is therefore F?.1+IDISGS QF FACT B~ COffil~BI0~8. OF hSW - J~SAE-~AUBA . ~ PACE - 19 xln~.l~.t 3 ~a~c. l ~ ~ 25 i s. . concluded that a development agreement shall be entered into, dealing with tlia matt®rs set forth in the preceding sec~gaa prior tc~ issuance of a building permit. 14. That it is concluded that the annexing and zoa~ing of the- property is in the best interests of the City'of Meridian. 15. That it is concluded. that 11-2-418 C~of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under-which the s~all~review applications for Conditional Use Permits; that upon a revie+s of those requirements and a review f the facts presented and the conditions /?/llhh~h ~Zt9-n+~ ~~rni.Triv~i of~ the area, the c~5acludes as follows: a. The use, would is fact, not constitute a conditional use as under the Meridian Zoning Ordinance planned commercial d®velopment, retail stoles, and wholesale facilities, are permitted uses in the C-G district, but since the Comprehensive Plan states that all development requests in the Mixed IIse Areas around Fairview Avenue and Locust Grove Road will be subject to development review and -. conditional use permit processing to ensure neighborhood ' compatibility, the conditional use-application is~deemed to b® appropriate; as is the granting of such conditional use. b. The use should be harmonious with and in accordanc® with the Comprehensive Plaa, if the requirements in these Findings of Fact and Co~lusioas of .Law are set, but the Comprehensive Plan rez,;rtes a conditional use permit to allow the u®e. c. The use apparently would be d®aigne~l and constructed, to .be harmonious in appearanc® with the intended character of the general vicinity as long as development is undertaken to meet the representations of~ti~e Applicant in th® Application and as st~ted.at the public h®aring and those that may be required by the City under design review. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring saes as long FI~?DINGS OF - I~i~CT AND CONCLDSI~S QF LAW - oTORRSOZ~-R~t1BA PACE - 20 ~ k.ln~.1~t ~ ~ a.~e 20 of 2~ as develop~t is undertaken to~meet the representations of the Applicant and those that may be required by the City under design review. - e. The property will have sewer and water service available, but the Applicant will have to extend the lines to serve all parts of his property. - f. The use would not create excessive additional requirements at public cost for public facilities and ' ~ services and the use would not be detrimental to the - economic welfar® of the community. - g. The use would not involve a use, activity, process, . material, equipment or conditions of operation that. would be detrimental to .person, property~or the general welfare by reason of~exceseive production of traffic or noise. h. That sufficient pa=king for th® property and the proposed use will be required and the parking ordinance shall be met including the preparation of a parking plarn and landscaping plan. i. The development and uses will not result in the - destruction, loss or damage of a natural or scenic feature of major importance. 16. It is concluded that the conditional use permit should be granted, but as a condition of the conditional use permit a dev®lopment agreement shall be entered into regarding. the development of the retail uses and such is hereby made a condition of the granting of the conditional use permit. 17. 'That the requirements of the Meridian Police and Fire Departments, Meridian City Engineer's office, Ada County Highway District, Meridian Planning Director, Central District Health Department, and the Pdampa ~ Meaidiam Irrigation District, shall be- met and addressed in a development agreement. . 18. That it is concluded that the location and layout of the propos®d use on the property could pose problems with regard to~. FTNIDIS'~38 OF FACE' AND CONCLUSIORS ~' LAW - JOHRSON-ROUBA PANE - 21 ~ x hi~.~+t. tv ~ a.~. 2l of 2 ~ .... . nois®, glare, fumes or odors for the- adjacent residential properties to the south; that it is concluded that it is.one of the purposes of the Zoning Ordinaac® to protect residential, comet®tcial, industrial and civic areas from the intrusion of ' incompatible uses and to provide opportunities for establishments to concentrate for ®ffic3.ent operation ,in mutually beneficial ~relationshigs to each other and to shared services {11-2-401 5.j, but it. is also the purpose of the Zoning Ordinance to encourage the proper distribution and compatible integration of neighborhood commercial uses into all residential areas of the City (I1-2-401 1.1. j . ' 19. That it is concluded that to make the proposed use harmonious and compatible to neighboring residential uses to the south the following requir®ments must be met, and continuously :stet; and these conditions should be reviewed by the City Council, amended, added to, changed or deleted as the City Council deems appropriate: a. That the Applicant shall provide a barrier along the . property's boundaries as directed by the Planning and Zoning Administ or. lb. That the buildings shall be subject to design review and all bui lens shall be submitted to the Planning and Zoning for approval before they are submitted to the . ]Building Inspector. c. That aay and all lighting shall be directed, away from adjacent residential or commercial uses and shall be constructed such that it does not glare, or' shine, on any surrounding property, unless the owner of the adjacent property signs a written cons®nt to have it shine oa the propert ich consent must be submdtted to the Planning and . Z©ninq rector . FINDII~GB tiF FACT ~ CW.CLUBIG~B oF' ~ - JC~B®N-ROUBA PAGL - Z2 ~1C~t.~i'~, ~ ~ ail, 22 0~ 2S • d. That the use of any external loudspeakers shall be limited to business hours, T:3Q a. m. to 8:00 p. m., only on Monday through Friday, and shall be limited to 60 decibels; that all of the buildings shall be constructed to be as soundproof as reasonably pos®ib1e. . e. That there shall be no wrecked, demolished, or junk c~ars~ kept or stored oa the property, unless they are totally screened from view. f.~ That there shall be no offensive fumes,, smoke or odor em:.tted from the property; that normal motor vehicle exhaust from passenger or pickup trucks shall not be deemed to be offensive; that all hazardous wastes shall be properly disposed of and shall not be maintained on the property. g. That all construction, including remodeling, fence construction, and plantings shall be subject to Design Review by the City of Meridian. 20. That the conditions stated herein, or as ultimately set by the City Council, shall be agreed to by the Applicant, in writing; that if th®y are not so agreed to the~Application should be d®nied. 21. That all ditche$, canals, and waterways shall be tiled as ~~~ ~ a condition of annexation and if not so tiled, the property shall be subject to de-annexation. 22. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. 23. That proper and adequate access to the property is available and will have to be maintained, with appropriate buffering to residential properties or traffic on Fairview 14venue. 24. That these conditions shall run with the land and bind the applicant and his assigns. ~=rma~rc~s o~ ~ac~ axn coacL~osioxs of Law - . . Jo~~o~-ROUSA ~ p~cE - 23 ~ K~~{' ~ ~ 0.~ 23 o-F `LS _ • ~' 25. With complianc® of. the conditions contained herein, the annexation and zoning of General Retail and Service~~Commercial (C- Gy, and the issuance of a conditional use permit would be in the VOTLD~ Y best interest of the City of M®ridian. 26. That if these conditions of~-approval are not met, the property shall not be annexed aQd the conditional. use permit shall not be granted. APPRO~ OF FINDIBt~ OF FACT AND CORCLUSIQNS The Meridian City Planning and Zoning ComnuLsaion hereby adopts and. approves thes® Findings of Fact and Conclusions. -. .~ COI~ISSIONER HLPPTR ' COMMISSIOlUI~R OSI+ti1QD CONIlylISSIONER BREAKER COA+E+lISSIONER MacCOY COMMISSIONER JOHRSON (TIR HRBARER) VOTED V®TLD VOTED ~ wit • 1 VOTED__ ~~"' FIN'DI~iGS O1@ FACT BND COffiCIdTSIOMS OF LaW - . JO~~ON-KOUBA PAt~ - 24 ~ Xln~ilry;t PJ ~a~ rZ y ®~ ~s ~. Rt~COM~DATION The Planning and Zoning Commission of tha City of Meridian ~recoBUnende to the City Council that the property set forth in the application be approved, for annexation, zoainq 'and the ~.ssuance of a conditional use permit, under the conditions set forth in the Conc7lusions of Law. MOTION: APPROVED: ~j~-~ DISAPPROVED: FINDINgS OF FACT ~ AND C08CLii8I0M8 OF LAW - JOR~SDW-ROUBa PAGE - 25 .r ~ x ~ ~i t B P 0.c 25 d~ 25 November 3, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING November 8, 2006 APPLICANT Mayor's Office ITEM NO. 6-A-1 REQUEST Proclamation for Recognition of Mountain View High School boys Soccer Team State Championships 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 OFFIGE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meeflngs shall become properly of the CMy of Meridian. Office O~ 1~e ~VluyOr 1N~reas; the City of Meridian- recognizes and commends tk~e Mountain Vew High Schaol B©ys Varsity Soccer Teams for having an; .outstanding season his year; " ,. and '1ie~ts, thfs team f7as compiled a 1~ veins, 4 losses, 2'ties season rrd.with a tote( of 95 goats made ,anti 25 goals score upon; and "~Yea~ this team took home the--state 5A high schcol boys soccer chat~hport on _ ,: October 21st, 2006; and ~~ereas, the. Mayor and City: Co~rtcil of ;the City of Meridian acknowledges the accomplishments and efforts of his team, coaches, trainers, cheerleaders; students, faculty, athletic director, parents, boosters and supporters; and 1%Yhereas, this soccer team took away from this season more than i'i~emories about soccer.,but`N1=e lessons through team efforts and their coaches; and "1Nhereas, this is the first team in Mountain view High School's history to win a state championship; Mere ore, 1, T y rd, Mayor of the. City of Meridian, do hereby f amm de Wee proclaim Wednesday, November -, 2, as o~ntan ~e~w 3f' ~ Sc~too h Bo s Soccer ~'eum Dui in the City of Meridian in recognition for the success of the' Mountain mew High=S~hooi~`` Boys Socxer Program ftus season. Dated his Sth day of'November, 2006. _ '~ Tam eerd, Mayor ` C`1-~.~~ ~r~' \AL~rrlio (~i~v (ant tne+i~ 1(elth Blr~ Charlie 1; • MVHS BOYS SOCCER 2006 Principal : Aaron Maymon "HOME OF THE MAVERICKS" Athletic Director: Cliff Rice Varsity Name Grade JV Name #1 Zach Richardson 10 #1 John Dolphus #2 Jacob Allen 12 #2 Alen Helm #3 Jake Jacobs 12 #3 Tom Loveridge #4 Aaron Orgill 12 #4 Ryan McDowell #5 Stephen Fujimoto 11 #5 Zach Lujan #6 Nick Sykes 11 #6 Matt McDonald #7 Cody Allen 10 #7 Evan Ault #8 Daniel Lemus 12 #8 Brandon Reeves #9 Dylan Ochsner 12 #9 Adis Keserovic #10 Mike Charmer 12 #10 Justin Todd #11 Orlando Figuerero 12 #11 Geoff Green #12 Nathan Hamm 11 #12 Michael Pearce #13 Alen Thomas 12 #13 Alen Christensen #14 Gary Wagner 10 #14 Jacob Bacon #16 Tyler Lawton 10 #15 Cody Pugil #17 Daniel Burnham 1 Z #16 Tyler Rosman #18 Brian Sturm 10 #17 Erik Marquez #18 James 5hawver Gooch: Dean Ajir coach: Ed Graves Asst: Chuck Sykes Scott Strickler Grade 11 11 11 10 9 11 11 10 11 11 9 10 10 11 10 9 10 9 Manager Angie Veasy Manager: Stacy Carter a~ U U O A O m ~ VI Y v (~ m t ~ ~ Y ~ 's 'o^ ' F L o ~ o~i E a s' ~ 2 m ~ ~ p c ~ = ~ ~~ H ~ v=i c ~ o~ E o d o o ~ F V > ~ c t ~ V L1 LL Y N d u O ff = O ~ ~ ~ > > L ~ '' m ac Q ti ~ d ~ Q ~' p v -° = ~ 3 °° ~ °° ij Q ~ o 7 Y ~ ~ U V Y L d V ~ ~ Y ~ ~- N ~ V N C O ~ m o 0 0 0 ~ _ o _ 0 3• _ ~ o o ~• o ~ o- ~ z y N -~ ti < M Z v G a ~ O Z < ~i ~, I- a m a f~II ~ . ~ o .-i N M ~' IL'f ~O (~ CO O~ ~ •~ N lrf ~ ILA ~O 1~ CO t °' ~ ~ z# #k ~k ## # ~k ~k ~k $k #k ~k #k #k ~k ~k ~k ~k #k e U ~ ~ ~' V t v m a U N U U O A O m N ~ T ~~ ~ ~, O ~ z ca ~ o H m a~ 0 v • I l l l l l l l l l l l l l l l l l l d Y O ~ 0) L d E o S ~ L = ~ - ~~ h N ~ h c ~ E N o L d o = ° c E V s d o o~ LL Y c E s = ii o E Q a ~ > > ~ ~ ti ~ d ~ a J ~ ~ ~ = ~ 3 °D ~ °° N a' ~ ~ o o a d o o s ~ r~ s d ~c >- d Y x ~' u i o c o o ~ C N O h O h O Q } N V Z p V O G ~- G ~ L O Q Z N Q t9 O h ~- I- O G L m d G N ~, .-~ N lh '~ IL) ~O 1~ OD C~ ~ •'' N erf ~ In ~O I~ CD t ~ ~ ~ ~ ~ ~ ~ c V N ~ Y N ~ d ~ > Y N t •C U L N ~ ~ a N ~ N Y ~ OO1 Y p~ 7 ~Ot V ~ L 0 ~ ~ N ~ s 017.5, OF `~~ ~. ~,~- ~~~~,~-~ IDAHO 1;' ~. -~~•~ ?~Ce a-f~"ce o. f t6re Mayor' 1~VFiereas, the City of Meridian recognizes and commends the Mountain View High School Boys Varsity .Soccer ream for having an outstanding season this yasr;` and "1~~re~s, this tearrt Mas ccuui~pil®d a 14 wins, 4losses, ~ :ties season retx~cd rn~th atotal of 95 goals made and 25 goals score :upon; and '1~Vi~iereus, this team took home the state 5A high school boys soccer championship on , ~Octobei- 21st, 2006; and tiVi~ereas, the Mayor and City Council of the City of Meridian acknowledges the accomplishments and efforts of this team, coaches, trainers, cheerleaders, students, faculty, athletic director, parents, boosters and supporters; and 1~Vhereas, this soccer team took away from this season more than memories about soccer but life lessons through team efforts and their coached; and 1~Vhereas, this is the first team in Mountain- View High SchooPs hilt©ry to win a state championship; refore, I, Tammy de Weerd, Mayor of the City of Mendien, do hereby proclaim Wednesday, November, 2fl~, as ~l ountain ~ietiv ~C' ~i Sc~io o C Bo s Soccer 2'earn Du in the City of Meridian in recognition for the success of the Mountain Vew High School Soys Socxer Program this season. . , Dated this 8th day of.November, 2006. Tam eerd, Mayor Shaun Wardle, City Council Joe Gorton, City Counal Keith Bird, City Council Charlie Rountree. City Cc~un ` , MVHS BOYS SOCCER 2006 Principal: Aaron Maybon "HOME OF THE MAVERICKS" Athletic Director: CIifF Rice Varsity Name Grade JV Name #1 Zach Richardson 10 #1 John Dolphus #2 Jacob Allen 12 #2 Alex Helm #3 Jake Jacobs 12 #3 Tom Loveridge #4 Aaron Orgill 12 #4 Ryan McDowell #5 Stephen Fujimoto 11 #5 Zach Lujan #6 Nick Sykes 11 #6 Matt McDonald #7 Cody Allen 10 #7 Evan Ault #8 Daniel Lemus 12 #8 Brandon Reeves #9 Dylan Ochsner 12 #9 Adis Keserovic #10 Mike Channer 12 #10 Justin Todd #11 Orlando Figuerero 12 #11 Geoff Green #12 Nathan Hamm 11 #12 Michael Pearce #13 Alex Thomas 12 #13 Alex Christensen #14 Gary Wagner 10 #14 Jacob Bacon #16 Tyler Lawton 10 #15 Cody Pugh #17 Daniel Burnham 12 #16 Tyler Rossman #18 Brian Sturm 10 #17 Erik Marquez #18 James Shawver Coach: Dean Ajir Coach: Ed Graves Asst: Chuck Sykes Scott Strickler Manager Angie Veasy Manager: Stacy Carter Grade 11 11 11 10 9 11 11 10 11 11 9 10 10 11 10 9 10 9 • a~ U O >+ O m C ~ ~. C Y 0 ~ z N ~ ~, o U U V O >+ m N C ~ A m ~ Y O ~ ~ z tSf ~ o U ~ Y m ~ v ~ '-y C } L Y d V `o 'hp N E N N L d F L = p t s d ~ ~~ ti o`~i ~ E s c~ d E~ u~<< i ~~ °Os~nQ~o~~ 0~3°°~°°Na a~ V V Y L d Y ~~ Q N 4 S x ~ V N t ~ O d o o v a~ b o o ~.Y ~ a d g N ,_' N ti ti~ to Z V G G~ O Z a U~ ti I-~ G m` C ~~ ~ ~ o .ti N M '~ IC) ~O 1~ ~ O~ ~ •~ N l+0 ~' IL") ~O 1~ N s w ti .~ .ti .~ .ti .~ .ti .~ d V t U N O U Ul N C N L N N .rs 7 OC C7 m fq oC ', y m ', d N ~ ' _ N '.- _ N } L L E Y ~ U • ~ L L = -, V j, ~ ~ V ° ~ O ~ ` Y N d ~' V ° O ff = O t ~1 3 V ~ ~ ~ °° ~ ~ L u v Y L a ~n v a ~ _ ° u Y ~ ° ~ } ~ ~ ° oLi d a Q c Q !-- N ,-',' O ~, O ti D Q o i } tl~ Z p V p o - ~. G ~ L O O Z Q g C9 V ti F~ t D m O D ; d' .~ {~ N lh ~ ICS ~C 1~ CD O~ ~ ti •-~ ti N ~ ~ ~ ~fi ~ IL') ti ~O ~ 1~ ~ ~ ti t ~ V o`~- Y C ~ ~ Y N s t ~ a ~ ~ O d ~j Y ~ ~ °' Y p~ S •_ V ~ d N ~ ~"' ~ d • .~ , '. i ~r ~. ,hf 1a CPfY Ofi ,~~~ ~~- ~ ~ ~ .~ u'Yl~l'~'~2~~~ ~~ ~~ IDAHO ,Y the Office of the ~-~layor PROCL.~I~L.~I LION 1Nhereas, the City of Meridian recognizes and commends the Mountain View High School Boys Varsity Soccer Team for having an outstanding season this year; and "1Nhereas, this team has compiled a 14 wins, 4 losses, 2 ties season record with a total of 95 goals made and 25 goals score upon; and 1Nhereas, this team took home the state 5A high school boys soccer championship on October 21st, 2006; and 1Nhereas, the Mayor and City Council of the City of Meridian acknowledges the accomplishments and efforts of this team, coaches, trainers, cheerleaders, students, faculty, athletic director, parents, boosters and supporters; and 1~Vhereas, this soccer team took away from this season more than memories about soccer but life lessons through team efforts and their coaches; and tiVhereas, this is the first team in Mountain View High School's history to win a state championship; wherefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim Wednesday, November 8th, 2006, as .~lountain 'Viee~w 3~figh Sc(wol Boys Soccer Team Day in the City of Meridian in recognition for the success of the Mountain View High School Boys Soccer Program this season. Dated this 8th day of November, 2006. Tammy de Weerd, Mayor Shaun Wardle, City Council Joe Borton, City Council Keith Bird, City Council Charlie Rountree, City Council Will Berg From: Rice Clifford [Rice.Clifford@meridianschools.org] Sent: Tuesday, November 07, 2006 9:50 AM To: Will Berg Subject: RE: MVHS Soccer Day"Scanned By Antivirus" Will, The record is correct. Let me know if you need anything else. Thanks, Cliff Rice Activities Director Mtn. View High School Fax: (208) 855-4074 Phone: (208) 855-4070 From: Will Berg [mailto:bergw@meridiancity.org] Sent: Tue 11/7/2006 9:05 AM To: dean.ajir@horizonair.com; Rice Clifford Subject: FW: MVHS Soccer Day"Scanned By Antivirus" -----Original Message----- From: Angela Veasy [mailto:veasyseeding@cableone.net] Sent: Tuesday, November 07, 2006 7:52 AM To: Will Berg Subject: RE: MVHS Soccer Day I forgot to put the win/loss record on the last draft. This one is correct. Thanks, Angie -----Original Message----- From: Will Berg [mailto:bergw@meridiancity.org] Sent: Monday, November 06, 2006 8:37 PM To: Angela Veasy Subject: RE: MVHS Soccer Day -----Original Message----- From: Angela Veasy [mailto:veasyseeding@cableone.net] Sent: Monday, November 06, 2006 5:56 PM To: Will Berg Subject: MVHS Soccer Day Will, Hi. I am the team manager for the MVHS Varsity in the blanks" of the proclamation for Nov. 8th. to me and I will add what Dean Ajir has dictated with players and coaches names as requested. Thanks, Angie Veasy 378-0759 soccer team. Dean Ajir asked me to "fill Will you please forward the proclamation to me. Also, I am attaching a roster 1 i ,* CITY OF An ~ • ~ ~~ _ -,~ __ ~Y1~1~~1 `~`~~` , Il 1DAH0 .V~ Elie Office of tFie 9-~layor PROCL.~L~I.~ITION '1Ni~ereas, the City of Meridian recognizes and commends the Mountain View High School Boys Varsity Soccer Team for having an outstanding season this year; and 1NFiereas, this team has compiled an XX wins and XX loss season record; and "1NFiereas, this team took home the state 5A high school boys soccer championship on October 21st, 2006; and "1Nhereas, the Mayor and City Council of the City of Meridian acknowledges the accomplishments and efforts of this team, coaches, trainers, cheerleaders, students, faculty, athletic director, parents, boosters and supporters; and '1Nhereas, this soccer team took away from this season more than memories about soccer but life lessons through team efforts and their coaches; and 1Nhereas, this is the first team in Mountain View High School's history to win a state championship; ~`ierefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim Wednesday, November 8th, 2006, as Mountain 'View 3~figFi Sc(woC Boys Soccer Day in the City of Meridian in recognition for the success of the Mountain View High School Boys Soccer Program this season. Dated this 8th day of November, 2006. Tammy de Weerd, Mayor Shaun Wardle, City Council Jo Borton, City Council Keith Bird, City Council Charlie Rountree, City Council ~- ~ • .-~~: ,~, CITY OA ~ # ` ~ ''~ ~~ . ~. ~.~_1~~ YI 177 ~~ ~~~ ~~ ~' ~~ 1DAH0 ,~i the Office of the ~I~layor P R O C l .~l .mil .~l ~I O N "1Nhereas, the City of Meridian recognizes and commends the Mountain View High School Boys Varsity Soccer Team for having an outstanding season this year; and JV Boys won the District Championship. 1Nhereas, this team has compiled an 14 wins, 4 losses and 2 ties season record; and 95 goals for, 25 goals against. "1Nhereas, this Varsity team took home the state 5A high school boys soccer championship on October 21st, 2006. Whereas, the Mayor and City Council of the City of Meridian acknowledges the accomplishments and efforts of this team, coaches, trainers, cheerleaders, students, faculty, athletic director, parents, boosters and sponsors. "1Nhereas, this soccer team took away from this season more than memories about soccer but life lessons through team efforts and their coaches; and were tested~~ several times in adverse situations. 1Nhereas, this is the first team in Mountain View High School's four year history to win a state championship; wherefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim Wednesday, November 8th, 2006, as Mountain `Vietiv 3~igfi Scf ool Boys Soccer Day in the City of Meridian in recognition for the success of the Mountain View High School Boys Soccer Program this season. Dated this 8th day of November, 2006. Tammy de Weerd, Mayor Shaun Wardle, City Council Jo Borton, City Council .' Keith Bird, City Coin Charlie Rountree, City Council • Will Berg From: Angela Veasy [veasyseeding@cableone.net] Sent: Monday, November 06, 2006 10:01 PM To: Will Berg Subject: RE: MVHS Soccer Day Attachments: MVHS Soccer Day 11-8-06.doc MVHS Soccer Day 11-8-06.doc (2... See Attached. Thank you, Angie -----Original Message----- From: Will Berg [mailto:bergw@meridiancity.org] Sent: Monday, November 06, 2006 8:37 PM To: Angela Veasy Subject: RE: MVHS Soccer Day -----Original Message----- From: Angela Veasy [mailto:veasyseeding@cableone.net] Sent: Monday, November 06, 2006 5:56 PM To: Will Berg Subject: MVHS Soccer Day Will, Hi. I am the team manager for the MVHS Varsity in the blanks" of the proclamation for Nov. 8th. to me and I will add what Dean Ajir has dictated with players and coaches names as requested. Thanks, Angie Veasy 378-0759 soccer team. Dean Ajir asked me to "fill Will you please forward the proclamation to me. Also, I am attaching a roster 1 t • ~. , ~~ ~~ CYfY ClF a ~ ~ ~ ~ ' : . ~- : _ -ice YI~I~Y! v~~' ~; 11 IDAHO .Vi Fie Office of tFie Mayor PROCL.~L~L.~LTION "1NFiereas, the City of Meridian recognizes and commends the Mountain View High School Boys Varsity Soccer Team for having an outstanding season this year; and JV Boys won the District Championship. "1Nhereas, this team has compiled an XX wins and XX loss season record; and 1N~ereas, this Varsity team took home the state 5A high school boys soccer championship on October 21st, 2006. "1~VFiereas, the Mayor and City Council of the City of Meridian acknowledges the accomplishments and efforts of this team, coaches, trainers, cheerleaders, students, faculty, athletic director, parents, boosters and sponsors. "tiV~ereas, this soccer team took away from this season more than memories about soccer but life lessons through team efforts and their coaches; and were tested several times in adverse situations. ~VFiereas, this is the first team in Mountain View High School's four year history to win a state championship; ?herefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim Wednesday, November 8th, 2006, as Mountain 1~ie~w 3ftgfi Sc(wol Boys Soccer Day in the City of Meridian in recognition for the success of the Mountain View High School Boys Soccer Program this season. Dated this 8th day of November, 2006. Tammy de Weerd, Mayor Shaun Wardle, City Council Jo Borton, City Council Keith Bird, City Council Charlie Rountree, Council • u Will Berg From: Angela Veasy [veasyseeding@cableone.net] Sent: Monday, November 06, 2006 5:56 PM To: Will Berg Subject: MVHS Soccer Day Attachments: MVHS Varsity Referee Card.xls MVHS Varsity Referee Card.xls ... Will, Hi. I am the team manager for the MVHS Varsity soccer team. Dean Ajir asked me to "fill in the blanks" of the proclamation for Nov. 8th. Will you please forward the proclamation to me and I will add what Dean Ajir has dictated to me. Also, I am attaching a roster with players and coaches names as requested. Thanks, Angie Veasy 378-0759 • U U O ~+ O m c d v N m O U 7 V oC' U N ra' .° m N C ~ d ~ m Y ~ ~' N a~ t ~ O ~ Y ~ o H ~ ~ L ~ L F r ~ G) ~ >~ ~ ~ _ s° _ d ~ ~ •> ti oNi > F r d c ~ ~ F v E d ~ ~ v p ' D E V ~ ~ O ° ~ L C Y $ li m ~ ~ ti t s ~ Q V - v a H 3 ~ N Q _ a • ~ V ~ N d ~t 4 O ~ to ~ z m a i d N O h O ti a ~ t N V Z p V d G j. G Y ~ L O O Z N Q ~ H G m G ` - - ~ cfl - o °' , o O .-~ N th ~ u~ . O 1~ cD to t p ~-- ~ w ~ i .~y Z ~ 7i. ~ ~ y,~ TF ~ ~ y,~ 7'F y,~ 7'F ~ # # y ~ TI ~ ~ ~ y , ~ ' y ~ ' ~ v U ~ m~ i :_' . 7 F 7 F V _ a r ~Up O U L U U O >, m m m c ~ ~. c~ ~ Y O ~ z E N ~ ~ o U a~ ~' Y m ~ ~ ~ } L Y ~ -v H F a o- t N E L c v r c s V s d c ~~ ti o`"i = E s t v~ 'E° E= v~ L E ~~~ O~ ri• ~ ~ p r° c= s v m v m} of .o ti c s N~ V -o a ~- 3 -~ ~ Q L d a~ V V Y L d V~ ~_ ~ Y_ ~} pxj ~ V N ~C O O i N h ti a N Z v G a~ O Z~ c~ h F~ ~ m` o vi ~ a .-~ N M ~ In ~O (~ CD O~ O .y N !h '~ IA ~O (~ CO N ~ L- V oNi ~ > Y y 7 ~C1 V Q N L C1 ``v C o~i t~ > Y y 7 ~Cf V ~ t N ~ ~ v m U U O >, O m C N N O V 7 'O pC U w N oN yG ' N ~ N ~ Y v - ~ _> ~ c c d ~ ~ 'g N E L L E ~ ~ ~ o- L d E s _ N t _ ~ c~ ~ `_ u~ v .~ ~ Y d oEi v v~ 2 0~ ~~ c~~ C Y ~ m I ~ .p f'7 ~ S ~ Q J ~ V '~O Q ~- 3 ~ ~ 0D ~n ~ ~ ° a V V Y L y Y ~ •d ~ p- ~ t X O L d t C ~ z y _,N h h a~ Z ci o o~ O Z a ~i h H o m` a ~ ~ ' O .y N lh ~ I[1 .0 1~ aD d ~ ~ ..: m ! °, ti N !h er !n ~p (~ d0 O~ .-~ .~ .ti .-~ .~ .ti .~ .-~ .~ s U ~ f0 '' ayi l V L U t0 O U a~ L /QT'~ V ••~~ ./J MQ W N ~ ~' c ~ a C Y O ~ z E ~ o U m l0 ; ' .A^ 0 v/ m 0 ~ voi ~ c ~ E 7 F U o n o •~ ~~ N t~ h c v~ o o= o c c E V O~~ d J 0 s~ = c c o~~} ~~ .o ~s~Q v-°o o~3m mNQ N ~, ~, < N Z v° o o~ 0 2~ c~ ti H~ o m` o 6 .-i N !h er IL) ~O 1~ CO O~ O .~ N l+7 ~ IA ~O 1~ 00 N IZi~ ~ ~ ~ ~ ~ ~ ~ ~ ~ # ~ ~ # ~ ~ ~ ~ D ~ ci N Y ~ d ~ ~ Y p~ ~ 'v~ V Q ~ ~ O o`"i Y ~ ~ Y p~ 7 •Cf V ~ F.. C1 a ~ ~ • MVHS BOYS SOCCER 2006 Principal: Aaron Maybon "HOME OF THE MAVERICKS" Athletic Director: Cliff Rice Varsity Name Grade JV Name #1 Zach Richardson 10 #1 John Dolphus #2 Jacob Allen 12 #2 Alen Helm #3 Jake Jacobs 12 #3 Tom Loveridge #4 Aaron Orgill 12 #4 Ryan McDowell #5 Stephen Fujimoto 11 #5 Zach Lujan #6 Nick Sykes 11 #6 Matt McDonald #7 Cody Allen 10 #7 Evan Ault #8 Daniel Lemus 12 #8 Brandon Reeves #9 Dylan Ochsner 12 #9 Adis Keserovic #10 Mike Charmer 12 #10 Justin Todd #i l Orlando Figuerero 12 #11 Geoff Green #12 Nathan Hamm 11 #1 Z Michael Pearce #13 Alex Thomas 12 #13 Alen Christensen #14 Gary Wagner 10 #14 Jacob Bacon #16 Tyler Lawton 10 #15 Cody Pugil #17 Daniel Burnham 12 #ib Tyler Rossman #18 Brian Sturm 10 #17 Erik Marquez #18 James Shawver conch: Dean Ajir coach: Ed Graves Asst: Chuck Sykes Scott Strickler Manager Angie Veasy Manager: Stacy Carter Grade 11 11 11 10 9 11 11 10 11 11 9 10 10 11 10 9 10 9 • i Will Bera From: Rice Clifford [Rice.Clifford@meridianschools.org] Sent: Monday, November 06, 2006 3:31 PM To: Will Berg Subject: RE: MVHS Soccer Day 11-8-06"Scanned By Antivirus" Attachments: BSOC Roster 06.x1s BSOC Roster 06.x1s (30 KB) Cliff Rice Activities Director Mtn. View High School Fax: (208) 855-4074 Phone: (208) 855-4070 From: Will Berg [mailto:bergw@meridiancity.org] Sent: Fri 11/3/2006 4:03 PM To: dean.ajir@horizonair.com Cc: Rice Clifford Subject: MVHS Soccer Day 11-8-06"Scanned By Antivirus" Please review this proclamation and return as soon as possible with the list of coaches and players. Thanks. Will 1 ~ ~ Will Berg From: Rice Clifford [Rice.Clifford@meridianschools.org] Sent: Friday, November 03, 200611:24 AM To: Will Berg Subject: RE: "Scanned By Antivirus" Will, // ~ d6 Those days will work. / l Soccer Coach: Dean Ajir Phone #:322-7906 _/ X-Country Coach: Tracy Harris Phone #: 860-2106 Any more info you need let me know. Thanks, ~~~ ~~ ~O_a. t2 - Gi l i !~ h o rl Zoe. Cc (Y, Gdr-- Cliff Rice Activities Director Mtn. View High School Fax: (208) 855-4074 Phone: (208) 855-4070 From: Will Berg [mailto:bergw@meridiancity.org] Sent: Wed 11/1/2006 10:20 AM To: Rice Clifford Subject: FW: "Scanned By Antivirus" ~ ~~o h~ From: Will Berg Sent: Tuesday, October 31, 2006 4:51 PM To: 'rice.cliff@meridianschools.org' Subject: "Scanned By Antivirus" Hi Cliff The Mayor would like to honor the Boys Cross County Team and the Boys Soccer Team at the City Council meetings next month for winning state titles. I need to prepare these proclamations and have the participants, coaches, school representatives present at the meeting. I am attaching an example proclamation so that you can give me some information to prepare them. I need this by Friday am. It has been tentative scheduled for November 8 for soccer and November 14 for cross county. Please let me know if this will work. Thanks. Will Will Berg 888-4433 1 November 3, 2006 L~ Department Reports MERIDIAN CITY COUNCIL MEETING November 8, 2006 APPLICANT Legal Department ITEM NO. 6-8-~ REQUEST Approve SWAC Recommendation for Benches for Playground and Walking Path for Linder Elementary for $1.369 AGENCY COMMENTS CITY CLERK: See aHnched 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 shNl become property of the Cffy of Meridian. • ~ Page 1 of 1 Will Berg From: Symantha Miller [symiller@sscwaste.com] Sent: Friday, November 03, 2006 11:24 AM To: Will Berg Subject: Agenda Items On November 2, 2006 the Solid Waste Advisory Committee reviewed and approved funds for the following applications: Linder Elementary PTO, $1,369.00 for the purchase of benches for the playground and walking path. Western Ada Recreation District, $2,575.00 for the purchase of benches for Fuller Park. Please place these items on the agenda for the City Council to review on November 8, 2006. I have provided copies of the applications for the Council to review in advance. Thank you, Symantha Miller Sanitary Services Co. 11/3/2006 r 0;'?t~ 11 2006 14:21 LI~R ELEMEMTRRY 2087305 p.l 1 V~~~ ~ Community Recycling Fund Application ~~C This application is to be compteted by organisations applying for community rung funct'mg. Mss note: We con only cons~tder opppcatbrts-tot projects wNtdrt Metl~an cry IMn1b; wWeh pertain to ncycMp; wtslch boys o 1:1 madchhrg component whkh contain r+~cycled content ~ appkable; and can hove a std placbd on or near the .project ~rt® ttKd ~ was tundsd in part , by the Meddlon curbsWe rscyeb~ propn>fn. Please tetum completed apppcatlon to SanNary Services. Co. 2130 W. kanidtn Road. Merlc~an, Idaho, 8$642 or fax to 8®8-3052: Organization Name Addn3ss ~~25 ~ ChA~+2At~ DY'. V cny Sri ul(1 state ~b Dp code ~ 3b~°~~o Contact Name and Title ~l ~~ ~'P ~ ~ ~ 1~~ ~ ~ ~ Q~u~+~' Phone Nun~er l'C~ `'f ~7~J107 Fax Number Describe you organiLatlon's purpose. Attach additional sheets if needed. a Describe the community recyceng activity you would Iike to-hove supported. Attach additional sheets Ti needed. - Total funds requested ~~ 1rr1 -~ Totd estimated cost ofproject- Describe how the community recycling funds wiq be used, haw the motchb~g contribution w>N be determined, and the schedule for the project. Attach additional sheets if needed. sl~natur• d Contact Peon "~~ (IIYe mud how a d~naturr-fa proeee~ ~~ nquatj u~wr pro O Y T O 3 l J • ~ • • a ~' keyword n model ~ ~~ New Products 4 Free Recycled Plastic Park Benches ~ Dura Bench The Bat Duna Bsnch is available in a portable design or an optional T•stske mounting that can be psrrnsnanity installed in~nound to help deter then and keep the• bench tirmly in place. Avar~bte in 8' and 4' bngths Colon cedar bA~ln ~Y C>;ck Here br Dimensions Click Here for Drawings i>r LN~gth ~ In-i Zl (00. f~,~ 9ench ~-~~ $ t W ER QUANTITIES FOR E ITEAISS) YOU INOtlt.b LIKE elwp Cart Mane BiV IAp ~ About Us ~ FAQs ti~llllt Legis ORDER Barbecue arj Bike Rados Bleachers ~ C Bus Sbp Shf Cafe Tables ~ Canopy Tenb Cigarette Rec Drinking Foui Fire R1nge Food Service Park Benches Park Grille ~ C Parking Lot E Picnic Tat~les Planters r~ Pool Fumitun Sanitation Eq Trssh Reoept Un larwera' 0-ct s .umbrellas Re clad Plastic Dura Bench -.3 L s - in-Ground Moumt - s' uen m ~~ 7497.1 In-Ground Mount Cedar Bench Blscic Legs (190 ) 5270.00 7515.1 In-Ground Mount Bn~rn Bench Black L s 70.00 -7508.1 In-Ground Mount Gray Bench. Black Legs (190 bs) 5270.00 7497 In-Ground Mount Cedar Bench Cedar Legs • : ) 85.00 7515 In-Ground Mount Brown Bench Brown Legs ~: (190 be) r--~ 5285.00 I 7546 In-Ground Mount Gray Bench Gray Legs ~'~~ {190 bs) 5285.00 R clad Plastic Duna Bench - 3 L - 8urtace Mount - B` Len th ~ 7498.1 Surface Mount Ceder Bench Black Legs (180 bs) 5270.00 7514.1 Sufiaoa Mount Brawn Bench . Black Legs (1®0 ) 6270.00 7509.1 Surfiace Mount Gray Bench Bieck Legs (180 ) 6270.00 7498 Surface Mount Cedar Bettch Cedar Legs ~:~: (180 ) 5285.00 7514 8uriace Mount Brown Bench Brown Legs ~~ {18'0 ) 6285.00 7509 Surface Mount Gray Bench Gray Legs ~ (180 ) 5285.00 R clad Plastic Duna Bench - Z L - In-Ground Mount - 4' Len th 7492.1 In-Ground Mount Cedar Bench Black Legs {125 Ibs) 5195.00 . 7522.1 In~round Mount Brown Bench Biadt Legs (125 ) 5195.00 7504.1 In-Ground Mount Gray Bench Black Legs (125 bs) 6195.00 7492 in-Ground Mount Cedar Bench Cedar Legs . `'~. (125 Ibs) 5,210.00 7522 In-Ground Mount Bnaim Beach frown Legs .~ (125 Ibs) 5210.00 7504 in-Ground Mount Gray Bsrtch Gray Legs =:~ (125 Ibs) 5210.00 ~ippir~~fq 8bercV~es is ~53~-a0 v s Ik4tn c~-.~x- cerrrn4~ • November 3, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING November 8, 2006 APPLICANT Legal Department ITEM NO. 6-B-Z REG2UEST Approve SWAC Recommendation on Park Benches for Fuller Park for Western Ada Recreation District for $2,575.00 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 pubttc meethtps shall become properly of the Cily of Meridian. Page 1 of 1 ~ i Will Berg From: Symantha Miller [symiller@sscwaste.com] Sent: Friday, November 03, 2006 11:24 AM To: Will Berg Subject: Agenda Items On November 2, 2006 the Solid Waste Advisory Committee reviewed and approved funds for the following applications: Linder Elementary PTO, $1,369.00 for the purchase of benches for the playground and walking path. Western Ada Recreation District, $2,575.00 for the purchase of benches for Fuller Park. Please place these items on the agenda for the City Council to review on November 8, 2006. I have provided copies of the applications for the Council to review in advance. Thank you, Symantha Miller Sanitary Services Co. 11 /3/2006 :. . 1 ~ ~ i Communil~ tiecycling Fund Application ~~~ This applicaflon is to be completed by organizations applying for community recyc~ng funding. Please note: We can only consider appBcaHoro •tor projacis wtltdn Meridian car Rrr~s; wtdch pertain to recycsnp; whkh have a 1:1 matct~rp component; which contain recycled content R app8cable; and can have o sign placed on a near ttm project ataNnp float tt was Iunded in part by the Meridian curbside rscycYrt9 program. Please return completed application to Sanitary Services, Co. 2130 W. Frank{in Rood, M~idion, Idaho, 83642 or fax to 888-3052: r~/~ ~ i Organization Nome ~~~ ~ ~ ei (t • t~ ~ ~e G ~~`~{ d ~~ Address I 'I 3 / 1 V + ~ ~ ~~ City A ~/`PJ''~ ~ ~ a-.n State ~- ~ Zp Code ~37o q Contact Name and Title t`O~ ~ ~~=V~ '~u peJ`~ n~~'?- 2~ ~ X60 Phone Number ~ G 7 7 7 Fax Number Z0~ ' $$7 - r7 3 ~ Describe your organization's purpose. Attach addifiohal sheets if needed. Describe the community recycfing octiviiy you would Eke to have supported. Attach additional sheets if nejed~e~d. f~ ~ ^ `~- r~ -- ~v ~S'[~e!'1~- !`1 ~e.. ~E~~/1 1) r 3~i G L ~ G.r~l~ n eP,d S c~' ~ubl ~c ser,r,~ Total funds requested ~ ~ S~ S ~ GG Total estimated cost of project• ~I ~ ~ ®~ a O Describe how the community recycling funds wr11 be used, how the matching contribution wiH be determined, and the schedule for the project. Attach additional sheets if needed. Ca Signature of Contact Person _ Date 10 ~ 16 ~ o!~ - (We rrritrst hove .a sipnalure to process trour A r V T O S Recycled Contour Bench It's the perfect fit for the contemporary scene. The unique rounded edge of Belson's new CONTOUR BENCH offers a contemporary look in both permanent and portable models. Overall size: 32'/,"H x 20'f"W x 60"L or 96"L. The back and seat section consistr of seven 3" x 4" recycled plastic planks. Each bench is rounded on~ the first and last board in both the seat and back sections. The feet on the portable model, as well as the supports for the contoured back and seat are made of %" thick by 4" wide flat steel, while the legs are made of 2'r4" x 2~" 14 gauge square steel tubing. 8' models come with 3 legs. Frames are black powder- coated for long lasting durability. Assembly required. • ~ • • • CB-500-PPL Black Frame, Portable (151 Ibs.). 0 CB-500-IPL Black Frame, Permanent (146 lbs.) 515.00 • ~ • • s CB-800-PPL Black Frame, Portable (235 lbs.) $750.00 CB-800-IPL Black Frame, Permanent (230 lbs.) 5710.00 (Prices F.O.B. Factory) Recycled Traditional Bench Available in a portable design or with ar- optional mounting bracket that can be permanently installed to deter theft: This traditional look will grace any outdoor setting. Available in 4' and 6' lengths. Assembly required. ~ Recycled Plastic Slats weathered cedar gray wood ~~ ~ ~ • 7511 4' Length Gray w/Colored Legs (105 lbs.) 5205.00 ~ ~ ~ ~ • 7510 4' Length Brown w/Colored Legs (105 lbs.) $205.00 7503 6' Length Gray w/Colored Legs (155 lbs.) $285.00 7490 4' Length Cedar w/Colored Legs (105 lbs.) $205.00 7507 6' Length Brown w/Colored Legs (155 lbs.) 8285.00 7590 Permanent Mounting Kit (2 lbs.) 834.00 7495 6' Length Cedar w/Colored Legs .(155 lbs.) $285.00 (Prices F.O.B. Factory) (Prices F.O.B. Factory) Recycled Boca Bench The BOCA BENCH features recesses in the legs to allow the boards to fit flush, eliminating exposed ends and providing a smooth finish. A curved radius on the top and front seat boards provides comfortable, yet stylish seating. New fastening systems allow for no visible hardware on the front of the bench. Available in 4', 5' and 6'.lengths. Assembly required. 7481.6 4' Length Gray w/Colored Legs (145 lbs.) $285.00 7484.6 4' Length Brown w/Colored Legs (145 lbs.) 5285.00 7487.6 4' Length Cedar w/Colored Legs (145 lbs.) .$285.00 74$2.6 5' Length Gray w/Colored Legs (160 lbs.) $325.00 7485.6 5' Length Brown w/Colored Legs (160 lbs.) $325.00 7488.6 S' Length Cedar w/Colored Legs (160 lbs.) $325.00 7483.6 6' Length Gray w/Colored Legs (175 lbs.) 5360.00 7486.6 6' Length Brown w/Colored Legs (175 lbs.) $360.00 7489.6 6' Length Cedar w/Colored Legs (175 lbs.) 5360.00 (Prices F.O.B. Factory) cedar brown gray .u. • Page 1 of 1 Will Berg From: Symantha Miller [symiller@sscwaste.com] Sent: Monday, November 06, 2006 11:17 AM To: Bill Nary Cc: Will Berg Subject: Review Forms Attachments: Linder Review Form.doc; Western Ada Recreation Review Form.doc Hello, I've attached the °cover sheets" for the two applications that are going before Council on November 8. If approved, they need to be signed by a Council member and then given to Stacy. Thanks, Symantha 11 /612006 Community Recycling Fund Application Review Form The Solid Waste Advisory Committee to the City of Meridian has made the following decisions regarding distributing expenditures from the Community Recycling Fund. Organization: Linder Elementary PTO 1825 W. Chateau Drive Meridian, ID 83646 Proposed Project: Benches for playground & walking path Application Date: October 12, 2006 Reviewed By: Ashley Williams Bill Nary Charlie Rountree Nancy Mann Brad Watson Jaycee Holman Charlie Rountree Review Date: November 2, 2006 Amount Requested: $1,369.00 Amount Awarded: $1,369.00 Date Presented to Council: November 8, 2006 Tax ID # 82-6001213 (Linder Elementary) Notes: Symantha Miller will speak with the applicant to ensure that signage will be placed at the project saying that a portion of the funds for the benches was provided from the City of Meridian curbside recycling program. Symantha Miller spoke with the applicant about signage on November 2, 2006. Date Community Recycling Fund Application Review Form The Solid Waste Advisory Committee to the City of Meridian has made the following decisions regarding distributing expenditures from the Community Recycling Fund. Organization: Western Ada Recreation District 1937 N.W. 8th Street Meridian, ID 83642 Proposed Project: Park benches Application Date: October 16, 2006 Reviewed By: Ashley Williams Bill Nary Nancy Mann Brad Watson Jaycee Holman Shaun Wardle Review Date: November 2, 2006 Amount Requested: $2,575.00 Amount Awarded: $2,575.00 Date Presented to Council: November 8, 2006 Tax ID #: 82-0305254 Notes: Charlie Rountree abstained from reviewing this application. Shaun Wardle to sign on behalf of Charlie Rountree. Date • ! November 3, 2~6 Department Reports MERIDIAN CITY COUNCIL MEETING November 8, Zr~6 APPLICANT Legal Dep4rfmE;nt rrEM NO. 6-8-3 REQUEST DiscUSSion of Draff Arfs Commission Orrlinnnr~r~ AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLIGE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: GTtY 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 ~4~,t~ ~o~~,h~ Date: Phone: ~_ __.______ Staff Initials: Materials presented at pubNc meetings shall become properlp of the CHy of Meddlan. CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE ADDING TITLE 2, CHAPTER 5, TO THE MERIDIAN CITY CODE REGARDING: A STATEMENT OF PURPOSE; DEFINITIONS; ESTABLISHMENT OF ARTS COMMISSION, MEMBERSHIP, TERMS, VACANCIES, AND AUTHORITY; ORGANIZATION; POWERS, DUTIES, AND RESPONSIBILITIES; AND PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian believes that development ofpublicly-accessible arts will highlight our community's rich cultural resources, enhance the City's aesthetic environment, and promote!-the development of economic, educational, recreational, and tourism opportunities within the City; WHEREAS, the City Council of the City of Meridian believes that the arts can be used as a conduit for exchanging ideas, making connections, and finding common ground and, when accessible to the public, will help to strengthen Meridian's community and families; WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of its citizens to create an Arts Commission for the purpose of advancing the arts within the City of Meridian through the research and development of opportunities and funding sources for the arts within our community; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 2, Chapter 5, of the Meridian City Code is added, to read as follows: 2-5-1: PURPOSE: The purpose of this Chapter is to highlight the City's rich cultural resources, enhance the City's aesthetic environment, and promote the development of economic, educational, recreation, and tourism opportunities within the City through the advancement of publicly-accessible arts. 2-5-2: DEFINITIONS: T'he following words and phrases when used in this Chapter shall have, unless the context clearly indicates otherwise, the following meanings: ORDINANCE CREATING MERIDIAN ARTS COMMISSION -PAGE 1 OF 6 ARTS: Human-made works produced through creative activity which are depicted and intended to be experienced visually or through the use of other senses, including, but not limited to, all branches of the visual and performing arts. CITY: The City of Meridian. COMMISSION: The Arts Commission of the City of Meridian. 2-5-3: ESTABLISHMENT OF ART5 COMMISSION; MEMBERSHIP; TERMS; VACANCIES; AUTHORITY: A. Commission Established: There is hereby established a Meridian Arts Commission. B. Membership: 1. The Commission shall consist of five (5) members. 2. Members of the Commission shall be appointed bythe mayor and approved by the city council on a vote of a majority of the council members, and Commission members may, in like manner,. be removed. 3. All members of the Commission and the officers thereof shall serve without salary or compensation. The City shall provide the necessary and suitable equipment and supplies to enable the commission to properly transact and attend to its business. The budget for Commission equipment and supplies shall be provided for through the Mayor's Office budget. 4. Residents who reside within the corporate limits of the City of Meridian, or area of impact, and are a minimum of eighteen (18) years of age are eligible to serve on the Commission, except that one position maybe designated to represent youth which commission member maybe, at the time of appointment, under eighteen (18) years of age. One member shall be a resident of the area of impact but no more than two (2) members maybe appointed from residents of the city impact area outside the corporate limits of the City. 5. One member of the Meridian City Council shall serve as an ex officio member of the Commission and shall have no vote. C. Terms of Office: Initial appointments to the Commission shall be made as follows: one (1) one-year term; two (2) two-year terms; two (2) three-year terms. All subsequent appointments shall be made for three-year terms, except that the youth member shall be appointed to a term of up to one (1) year and may be reappointed to up to three (3) successive terms. Commissioners may be reappointed to serve additional terms. Commissioners wishing to serve additional terms shall submit a letter of interest to the Mayor thirty (30) days prior to the expiration of his or her previous term. ORDINANCE CREATING MERIDIAN ARTS CONIMISSION -PAGE 2 OF 6 • Reappointments shall be at the discretion of the mayor, with approval by the City Council. D. Vacancy: Vacancies shall be filled in the same manner as original appointments and the appointee shall serve for the remainder of the unexpired term. E. Advisory Status: The Commission shall be deemed advisory and shall report and make recommendations to the Mayor and City Council. All actions of the Commission shall be subject to approval by the Mayor and City Council by resolution and after such approval shall have the force and effect of ordinance. 2-5-4: ORGANIZATION: A. Bylaws: The Commission shall make bylaws necessary for the execution of its duties as set forth in this Chapter. The initial bylaws shall be' approved by resolution of City Council and shall thereafter be amended by a four=fifths (4/5) vote of the members of the Commission and approved by City Council. Bylaws of the Commission shall be available for public inspection. B. Officers: The Commission shall annually elect officers from among the Commission members at the first regularly scheduled meeting after January 1 of each year. The Commission chair shall preside at meetings of the Commission. The vice chair shall, in the absence of the chair, perform the duties of the chair. The clerk shall keep an accurate record of all proceedings of the Commission. C. Meetings: 1. The commission shall hold one regular meeting each month for not less than nine (9) months of each year. 2. All meetings of the Commission shall be open to the public, and shall be subject to the requirements of Idaho's open meeting laws. D. Records: The Commission shall keep minutes and other appropriate written records of its proceedings, actions, and recommendations to City Council. E. Quorum: A majority of the currently appointed members of the Commission shall constitute a quorum for the transaction of any business of the Commission. F. Reports: The Arts Commission shall make reports as requested by the Mayor or City Council. The Commission chair shall submit an annual report to the Mayor and Council regarding the Commissions activities and accomplishments in the furtherance of the objectives of this Chapter. ORDINANCE CREATING MERIDIAN ARTS COMMISSION -PAGE 3 OF 6 • G. Conflict of Interest Prohibited: No Commission member may take voting action that financially benefits the member, any of the member's immediate family or the member's business or corporate affiliates. 2-5-5: POWERS, DUTIES, AND RESPONSIBILITIES: The Commission shall be advisory to the Council and shall be authorized to: A. Assess the needs of the Meridian community with regard to the arts and make such information available to the City Council and all interested agencies and persons; B. Stimulate awareness and. appreciation of the importance ofpublicly-accessible art and its benefits to the community; C. Encourage the growth and preservation of the City's art resources,:"foster the development of a receptive climate for the arts, and promote self-sustaining. arts programs within the City; D. Review and advise the City Council on the aesthetic;aspects of works of art or public monuments under consideration to be accepted or commissioned by the City of Meridian; E. Promote the development of, and provide general information and encouragement to, the City's cultural organizations, artists, institutions and community organizations sponsoring arts activities; F. Seek and encourage financial support, including, but not limited to, grants, loans and guarantees to artists, arts institutions and community organizations sponsoring arts activities and publicly-accessible arts in the City, subject to City Council approval; G. Recommend to City Council, within the limits of the Commission's funding, the employment of or the contracting with other parties for the services of technical experts or other persons as it seems necessary to carry on the functions of the Commission; H. Prepare and submit budgetary recommendations to City Council for expenditures necessary for the continuation and development of public programs furthering the arts; I. Cooperate with federal, state, and local governments, schools, and private art organizations, in the pursuance of the objectives of this Chapter; and J. Recommend ordinances and otherwise provide information for the purposes of advancement ofpublicly-accessible arts in the City. 2-5-6: SEVERABILITY: If any provision or section of this Chapter shall beheld to be invalid by a court of competent jurisdiction, then such provision or section shall be considered separately and ORDINANCE CREATING MERIDIAN ARTS CONIMISSION -PAGE 4 OF 6 apart from the remaining provisions or section of this Chapter, which shall remain in full force and effect. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That pursuant to the affirmative vote of one-half (1 /2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect on 2006. PASSED by the City Council of the City of Meridian, Idaho,. this day of , 2006. - APPROVED by the Mayor of the City of Meridian, Idaho, this day of 2006. "'APPROVED: MAYOR ATTEST: CITY CLERK ORDINANCE CREATING MERIDIAN ARTS CONIMISSION -PAGE 5 OF 6 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO.06- ADDING TITLE 2, CHAPTER 5, TO THE MERIDIAN CITY CODE An Ordinance of the City of Meridian adding Title 2, Chapter 5, of the Meridian City Code. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho, Meridian, Idaho. This Ordinance shall become effective upon passage and publication. City of Meridian Mayor and City Council By: William G. Berg, Jr., City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed 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. OG- 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. 06- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code;§ 50-901A(3). DATED this day of 2006. William. L.M. Nary City Attorney ORDINANCE CREATING MERIDIAN ARTS CONIMISSION -PAGE 6 OF 6 November 3, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT Council President Department Reports November 8, 2006 ITEM NO. 6-B-C REQUEST Report 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 a~`'o~lw~ ~~,8~~ ~,b Contacted: Date: Phone: _ Emailed: Staff Initials: Mat®rtala presented crt publk meetings shall become praperiy of the City of M®ridian. November 3, 2006 FP 06-046 MERIDIAN CITY COUNCIL MEETING November 8, 2006 APPLICANT Liberty Development, Inc. ITEM NO. $ REQUEST Final Plat approval of 85single-family residential building lots and 8 common lots on 19.57 acres in a proposed R-8 zone for Cedarcreek Subdivision -northwest corner of West McMillan Road and North Meridian Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comment CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: See attached Comments US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Letter from Bailey Engineering Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Mertdlan. November 3, 2006 AZ 06-042 MERIDIAN CITY COUNCIL MEETING November 8, 2006 APPLICANT Cherie A. Dalton Living Trust ITEM NO. 9 REQUEST Continued Public Hearing from October 24, 2006 -Request for Annexation and Zoning of 20.18 acres from RUT to R-8 zones for Cottswold Village Subdivision - 2180 East Amity Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See previous Item Packet /Minutes Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. November 3, 2006 PP 06-044 MERIDIAN CITY COUNCIL MEETING November 8, 2006 APPLICANT Cherie A. Dalton Living Trust ITEM NO. 1 ~ REQUEST Continued Public Hearing from October 24, 2006 -- Request for Preliminary Plat approval of 62 residential lots and 9 common lots on 20.18 acres in a proposed R-8 zone for Cottswold Village Subdivision - 2180 East Amity 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: COMMENTS See previous Item Packet /Minutes Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the CNy of Meridian. • November 3, 2006 AZ 06-044 MERIDIAN CITY COUNCIL MEETING November 8, 2006 APPLICANT Dan Wood ITEM NO. 11 REQUEST Continued Public Hearing from October 24, 2006 -Request for Annexation and Zoning of 19 acres from RUT to R-4 zone for Whitebark Subdivision - 2135 East 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: See previous Item Packet /Minutes Staff Initials: Materials presented at public meetings shall become property of the City of Mertdlan. Date: Phone: i November 3, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT Dan Wood PP 06-046 November 8, 2006 ITEM NO. ~ Z REQUEST Continued Public Hearing from October 24, 2006 -- Request for Preliminary Plat approval of 48 residential lots and 8 common lots on 19 acres in a proposed R-4 zone for Whitebark Subdivision - 2135 East Amity 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: See previous Item Packet /Minutes Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. i • November 3, 2006 AZ 06-041 MERIDIAN CITY COUNCIL MEETING November 8, 2006 APPLICANT Larry C. Harpe ITEM NO. 13 REQUEST Public Hearing -Request for Annexation and Zoning of 8.95 acres from RUT to an R-8 zone for Harpe Subdivision - 4715 North Locust Grove Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: See attached P8Z Item Packet /Minutes See attached Recommendations MERIDIAN POST OFFICE: OTHER: See attached Affidavit of Posting Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the C(ty of Meridian. November 3, 2006 PP 06-042 MERIDIAN CITY COUNCIL MEETING November 8, 2006 APPLICANT Larry C. Harpe ITEM NO. 14 REQUEST Public Hearing -- Request for Preliminary Plat approval of 24 residential lots and 3 common lots on 8.95 acres in a proposed R-8 zone for Harpe Subdivision 4715 North Locust Grove Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See attached PB~Z Item Packet /Minutes See attached Recommendations Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the Cffy of Merldlan. November 3, 2006 AZ 06-032 MERIDIAN CITY COUNCIL MEETING November 8, 2006 APPLICANT Conger Management Group ITEM NO. 15 REQUEST Public Hearing -Request for Annexation and Zoning of 29.31 acres from RUT to R-8 zones for Trilogy Subdivision --south side of Chinden Boulevard and east of Black Cat 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: See attached P>3~Z Item Packet /Minutes See attached Recommendations MERIDIAN POST OFFICE: OTHER: See attached Affidavit of Posting Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • November 3, 2006 PP 06-032 MERIDIAN CITY COUNCIL MEETING November 8, 2006 APPLICANT Conger Management Group ITEM NO. ~ 6 REQUEST Public Hearing -Request for Preliminary Plat approval of 148 single-family lots and 14 common /other lots including 2 private street lots on 28.17 acres in a proposed R-8 zone for Trilogy Subdivision --south side of Chinden Blvd & east of Black Cat Rd. AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See attached P&Z Item Packet /Minutes See attached Recommendations Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the Cliy of Meridian. November 3, 2006 VAR 06-023 MERIDIAN CITY COUNCIL MEETING November 8, 2006 APPLICANT Heron River Development, LLC ITEM NO. ~ 7 REQUEST Public Hearing -- Request for a Variance to UDC 11-2A-5 to allow the front setback to be reduced to ten feet from the back of the sidewalk for porches and side loaded garages for all phases of Crossfield Subdivision -- 955 West Ustick Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Comments CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comment CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: See attached Comments SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Affidavit of Posting Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the CHy of Meridian. • • VAC 06-013 MERIDIAN CITY COUNCIL MEETING November 8, 2006 APPLICANT Wayne Barber ITEM NO. REQUEST Public Hearing -Vacation of the public utility, drainage & irrigation easement common to lots 26 8~ 27, Block 1 of Lochsa Falls Subdivision No. 6 - 1660 W. Glad Creek Street & 3906 N. Cougar Flat Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials• Moterlals presented at public meetings shall become property of the City of Mertdlan. November 3, 2006 AZ 05-056 MERIDIAN CITY COUNCIL MEETING November 8, 2006 APPLICANT J BS Enterprises, LLC ITEM NO. ~ 9 REQUEST Ordinance -Request for Annexation and Zoning of 6.08 acres from RUT to TN-R and 4.07 acres from RUT to C-C zone for Harks Canyon Creek Subdivision - 1845 West Franklin Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See alMched Ordinance CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: R DEPT: CITY SEWE ~ ~/ CITY PARKS DEPT: /n ~ / I~ V MERIDIAN SCHOOL DISTRICT: f 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: Sta Ini ials• erials present®d at pubUc meeflngs shall become property of the Ctiy of Meridian. ADA COUNTY RECORDE AVID NAVARRO AINOUNT .00 i i~ BOISE IDAH011116106 PM DEPUTY YicldAllan III I~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~ RECORDED-REQUEST OF 10r~ 1 SErS 1 ~ City of Meridian CITY OF MERIDIAN ORDINANCE NO. ~~ ..~ lZ 7 ~' BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE (AZ-OS-054 HARKS CANYON CREEK SUBDIVISION) FOR ANNEXATION OF PROPERTY LOCATED IN THE WEST %Z OF THE NE 1/ OF THE NE 1/ OF SECTION 14, TOWNSHIP 3 NORTH, RANGE 1 WE5T, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO C-C (COMMUNITY BUSINESS DISTRICT) AND TN-R (TRADITIONAL NEIGHBORHOOD RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: FYanklin Centt^e, LLC. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to C-C (Community Business District) and TN-R (Traditional Neighborhood Residential District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. ANNEXATION-AZ-05-054 HARKS CANYON CREEK SUBDIVISION Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY CAO~UNCII. OF THE CITY OF MERIDIAN, IDAHO, this ~~~ day of /~ i°y~~~`J , 2006. APPROVED BY THE~//E MAYOR OF THE CITY OF MERIDIAN, IDAHO, t}us ~'~ day of /`~~y'~~"~~h , 2006. Gam' MAYOR de WEERD ANNEXATION-AZ-05-054 HARKS CANYON CREEK SUBDIVISION Page 2 of 3 `~ ATTEST: WILLIAM G. BERG, JR., CITY STATE OF IDAHO, ) ss. County of Ada ) (. ~0~,g _ ~ . rf ~~ ~ m {' 4 ~ dad ~~ ~ ~ Amd ~ ~~~ On this $~' day of~Y~,m-~,r , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared TANIlVIY de WEERD and WII,LIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ®®• ldl• G~,•. .® (SEAT-~`~; ;~®T A,~~"~'~rf,, s ® r c ~ • ~ o ® • A ~, ~ o ~ sf®9: E C9F.~~• OTARY PUBLIC FOR IDAHO RESIDING AT: 1 L 1 ~ MY COMMISSION EXPIRES:{C~ 1 l -t i ANNEXATION-AZ-05-054 HARK5 CANYON CREEK SUBDIVISION Page 3 of 3 I~ ~.ltaiborn ~ uu~ite ~ansuiti s Sr surveyors '{~D Nartlr Getl~ Raad B~ ~. r Fmc SOB) 4Z9~62 Project Na. 2246 FRANKLIN C~ LLC HARKS CANY©N CREE~C 3UHDIVISIQAT TOTAL PR03ECT BOUNDARY DESCRIPTION OctObe~' ~~, ~~ A PARCEL OF LAND IN THE WBS'T 1/2 OF THE NORTHEAST 1!4 OF THE NORTHEASTC U4 OF SECTION 14, T. 3 N., R 1 W., B.M., ADA COUNTX, IDAi~p, ANl) B~tdG MORE PARTICULARLY DESCRIBIrD AS FlaLLt7~fTS: CONCiNG AT THE NORTHEAST CORNER OF SAID SECTION' 14, THENCE N 89°13'17" W ALONG THENORTH HOUAIDARY OF SAID SF.CITOAT 14 AitID THE CE;NTERLIIITE OF FRANKLIN ROAD FOR A DLSTANCE OF 664.47 FEET TO THE EAST ~UAIDARY OF THB WEST 1P2 OF THE NORTTiLAST U4 OF THE I+TORTEIEAST U4 bF SAID SECTION 14, THE REAL POINT OF BEGINNING; THFSiCE CON'TIlVUING N 89°13'1T' W ALONG SAID NORTH 13bUNDARY AND CE~17[ERLINE FOR A DISTANCE OF 664.46 FEET' TO THE NORTHWEST CORNER OF THE NORTHEAST U4 OF THE NORTHEAST' 1/4 OF SAID SEGRiON 14; THENCE S 00°34' I8" W ALONQr THB NEST Bt3ClNDARY OF THE NORTHEAST U4 OF THE NORTHEAST U4 OF SAID SECTION 14, FOR A DISTANCE OF 758.64 FEET; THENCBN 75°07'43" E FORA DISTANCE OF 689.45 FEETTb THE FAST IIDUNDARY bF THE WEST U2 OF'T~ NORTHEAST U4 OF THE NORTHEAST U4 OF SAID SECTION 14, ALSO BEIl~ICI THE WEST BOUNDARY OF YAN HESS SUBDIVISION; TT~ICE N 00°33'43" E ALOritl SAID EAST BOUNDARY FOR A ULSTANCE OF 572.65 F.LET TO THE REAL PO1NT OF BECIrINN1NG, CONTAII'~IINCs 10.15 ACRES OF LAND, MORE ORLESS. PREPARED SY: TODD R WATTS P.L.S. ~~~ R~W~ .P.RI A 4 BY . ~ ~ ~ WORIC~pEP'C ~ C:II"r~j~tslVaaH~ (224~1Avamslvdy-doa~ 2 - Prcrjecf N®. 2246 g AY~i~ ~7~Ad~'{A~NpV6,~Ye`~I.\~lg~licl.+g'~Jpey~e~~Cy~ 7 ~T d~'ITt~l~'~~ryC~yA7~t77~+5 01 Vg f.~..A~tL' L'DT1 c'4gV.4~+9/Jt~~~/ gEyS~rB~r®y 1Y7~~ TN~R RHONE BOUNDARY J!~-7L1L1S 11®1\ Oct~rber 13, 2005 A PARCEL OF LAND IN TFIE WEST 112 OF THE NORTHEAST 114 OF THE NORTHEAST 114 OF SECTION 14, T. 3 N., R. 1 W., B.M., ADA COUNTY, IDAHO, AND BEING MORE PARTICULARLY DESCRIBED A5 FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 14, THENCE N 89°13' 1?" W ALONG THE NORTH BOUNDARY OF SAID SECTION 14 AND THE CENTERLINE OF FRAleTI~LIN ROAD FOR A DISTANCE OF 1328.93 FEET TO THE WEST BOUNDARY OF THE NORTHE/1ST ll4 OF THE NORTHEAST U4 OF SAID SECTION 14; THENCE 500°34' 18" W ALONG SAID WEST BOUNDARY FOR A DISTANCE OF 193.00 FEET TO THE REAL POINT I,1F BEGINNING; THENCE CONTINUING S 00°34' 18" W ALONG SAID WEST BOUNDARY FOR A DISTANCE OF 565.64 FEET; THENCE N 75°0?'43" E FOR A DISTANCE OF 689.45 FEET TO THE EAST BOUNDARY OF THE WEST 1!2 OF THE NORTHEAST 1/4 OF 'THE NORTHEAST 1/4 OF SAID SECTION 14, ALSO BEING THE WEST BOUNDARY OF VAN HESS SUBDIVISION; T.HEriTCE N 00°33'43" E ALONG SAID EAST BOUNDARY FOR A DISTANCE OF 112.23 FEET; THENCE N 89° I3' 1?" W FOR A DISTANCE OF 183.34 FEET; THENCE N 00°33'43" E FOR A DISTANCE OF 26?.42 FEET; THENCE N 89°13' 1?" W FOR A DISTANCE OF 481.16 FEET TQ THE REAL POINT OF BEGIl~TNING, CONTAINIlVG 6,08 ACRES OF LAND, MORE OR LESS. PREPARED BY: TODD R WAITS P.L.S. REVI APP V~ BY ~' SAY' 3 0 2006 ~ WORKS DEPT C C.16 1~61bW`VM+sarMV4l (21i~>~~~•{611LLW9++'4~MVV~ ~ r f Project No. 2246 FRANKLIN CENTRE, LLC Ht~RICS CANYON CREEK SUBDIVISION CC REZONE BOUNDARY DESCRIPTION October 13, 2005 A PARCEL OF LAND IN THE WEST I/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST l/4 OF SECTION 14, T. 3 N., R 1 W., B.M., ADA COUNTY, IDAFIO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 14, THENCE N 89° 13' 1 T' W ALONG THE NORTH BOUNDARY OF SAID SECTION 14 AND THE CENTERLINE OF FRANKLIlV ROAD FOR A DISTANCE OF 664.47 FEET TO THE EAST BOUNDARY OF THE WEST 1/2 OF THE NORTI~AST 1/4 OF THE NORTI~AST 1/4 OF SAID SECTION 14, THE REAL POINT OF BEGINNING; THENCE CONTINUING N 89° 13' 17" W ALON .far SAID NORTH BOUNDARY AND CENTERLINE FOR A DISTANCE OF 6&4.46 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST U4 OF THE NORTHEAST 1/4 OF SAID SECTION 14; THENCE S 00°34' 18" W ALONG THE WEST BOUNDARY OF THE NORTHEAST U4 OF THE NORTHEAST 1/4 OF SAID SECTION 14, FORA DISTANCE OF 193.00 FEET; THENCE S 89°13'1T' E FORA DISTANCE OF 481.16 FEET; 'THENCE S 00°33'43" W FOR A DISTANCE OF 2&7.42 FEET; THENCE S 89°13' I7" E FOR A DISTANCE OF 183.34 FEEL' TO THE EAST BOUNDARY OF THE WEST U2 OF THE NORTHEAST 114 OF THE NORTHEAST 114 OF SAID SECTION 14, ALSO BEING THE WE5T BOUNDARY OF VAN HEES SUBDIVISION; THENCE N 00°33'43" E ALONG SAID EAST BOUNDARY FOR A DISTANCE OF 460.42 FEET TO THE REAL POINT OF BEGINNING, CONTAINING 4.07 ACRES OF LAND, MORE OR LESS. PREPARED BY: TODD R WRITE P.L.S. C:iPraj~tSlVanHecS {2246)1Docu~cutsivanh~ZONECC.doc-1- RE 'W APP~OVA1. tY ~~~-. MAY 0 2006 MERIDIAN PUBLIC WORKS. DEPT. A ~ . ~ 6 N m ~ !9!, d ~ ~ ~ a~ ®~ 0 ~ ~- ~ ~ ( ~ ~ ~~ ~~ ti ~~~ t~_ 0 a 0 z J Y Z a 1 a 0 0 w N a W f.. a a z ~~ ~~ ~~ ~ s ~ ~ ~~~ ~ ~~ .. ~~~ ~~ ~° ~~~~ O n ~~ r s C ~~ °Q=~S ~ ~~~ ~~a ~3~~ . ~~ ~~~ a~~ 0pC~ ~ p~F ~~ ~ ~~ ~~ ~~~a NOTICE AND P~TJIS~ED S Y OI+ ORDINANCE FITRSUANT' TO I.C. § 50-901(A} cIT~~ ®~ Ie~RIDTAN ®RDI~rANCE N®. Ob- l2 ~Z-- ~-ROx~~N~ ~®at xATION ~Orr~G O~n~ANC>F: An Ordinance of the City of Meridian grading annexation and zoning for land located in the West 'h of 1tiTortheast'/a of the Northeast'/a of Section 14, Township 3 North, Range 1 West, Baise Meridian, Ada County, Idaho, wore particularly described in Attachment "A" This parcel contains 10.15 sores more or less. Also, this parcel is SUB3ECT T® all easements and rights-of-way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Ball, City of Meridian, 33 East Idaho Avern~e, Meridian, Idaho. This ordinance shall become effective on the day of ~~~1,6'~'s. ~ ~.\~~ ~~~,°`PCP %~ ~ w~~~aa ~~ ®~`~~ t Mayor and City Council of a City c~M 'dia ~ - By: William G. berg, Jr., City Clerk ~ s First Reading: ~/~ ~ "` ~d~ ~`ir .. its by ~spension of the Rule as allowed pursuant to Idaho Code ~Q; ~.4 ~ ,. S`~~ ~ ~ ~ \ NO Second Reading: ~''~,~~di9~g: ~ STATEMENT OF TAN CITY A1T®R~NEX A~ 'T~ ADEQUACY OIL' SITIVIlVIA'IfIY OF ORDINANCE NO. 06° ~~Z The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. O&-_ / 21 Z-- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Coder§ 5~0-901 A (3}.. n 1 DATED this U day of Y "~ , 2006. sv William. L.M. Nary, C" rney ORDINANCE SI;[NJ[Ii+IARY - A7~AS-054 HAIti~ CANYON CREEK Sd)B gage 1 mf 1 ~ ~ November 3, 2006 Rz ob-~b MERIDIAN CITY COUNCIL MEETING NOVember 8, 200b APPLICANT John Flaherty Construction ITEIvt NO. 20 REQUEST Ordinance -Request for a Rezone of 6.$2 acres from R-8 to R-15 zone for Cedar Springs Townhomes -south of West McMillan and west of North Meridian Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See cdtached Ordlr~ce CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: ~j/~ CITY SEWER DEPT: l 1, CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN fRRiGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: ~~~ ~, Date: r Phone: ~. Staff nitials: Materials presented at pubec meeHnps shah become properly of the CHy of Meddfan. ADA COUNTY RECORD DAVID NAVARRO AMOUNT .00 ~~ BOISE IDAH011116/06 PM DEPUTY Ycki Allen III I~~~~~~~~~~~~~I~~~~~~~~~~~~0 ~~~ ~~I RECORDED-REQUEST OF City of Meridian 1 r3~ i S6S 1 ~ CITY OF MERIDIAN ORDINANCE NO. ~~" ~~ ~.3 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE FINDING THAT JOHN FLAHERTY CONSTRUCTION, THE OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION (RZ-06-006 -CEDAR SPRINGS TOWNHOMES) FOR REAL PROPERTY BEING SITUATED IN A PORTION OF THE WEST %: OF THE NE % OF SECTION 36, TOWNSHIP 4 NORTH, RANGE 1 WEST, MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" OF THIS ORDINANCE AND RE-ZONING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND WITHIN THE CORPORATE LIMITS OF THE CITY OF MERIDIAN; AND RE-ZONING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM R-8 (MEDIUM DENSITY RESIDENTIAL) TO R-15 (MEDIUM-HIGH RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re- zoning by the owner of said property, to-wit: John Flaherty Construction. SECTION 2. That the above-described real property is hereby re-zoned from R-8 (Medium Density Residential) to R-15 (Medium-High Residential District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re-zone said property. RE-ZONE OF CEDAR SPRINGS TOWNHOMES- RZ-06-006 Page 1 of 3 ~ ~ ~~ SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian re- zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this g¢6` day of /tl~y~Gn.~~-- , 2006. APPROVED BY TH/E MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~~' day of /~ e'~r'''~~ , 2006. ,~~~ ~> ,~ MAYOR de WEERD RE-ZONE OF CEDAR SPRINGS TOWNHOMES- RZ-06-006 Page 2 of 3 (S ATTEST: WILLIAM G. BERG, STATE OF IDAHO, ) ss. County of Ada ) (~ On this gam' day of ~pY~t'n~r' , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed tine same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the ~®®+ ~st above written. A ~j. 1 6 ~ / ~ (SE~I,); ~ TARY PUBLIC FOR IDAHO ',~ e1 RESIDING AT: ~t tp1 1 + lp ®~~e, ZG. ;;~,o • MY COMMISSION EXPIltES: -(}-I 1-l 1 RE-ZONE OF CEDAR SPRINGS TOWNHOMES- RZ-06-006 Page 3 of 3 ~•~~ Project: 10-06.010 Date: June 1, 2006 fi EXHIBIT A•1 PARCEL DESCRIPTION R-15 ZONE BOUNDARY That portion of the West Y4 of the Northeast y of Section 36, Township 4 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the North 1 /4 comer of Section 36, marked by a brass cap; thence along the Northerly boundary of the Northeast y, South 89'27'39' East, 1,340.85 feet to the Northeast corner of the West Ire of the Northeast'/.; thence South 00'28'44' West, 85.00 feet; thence North 89'27'39' West, 15.00 feet to the POINT OF BEGINNING; thence South 00'28'44' West, 185.04 feet; thence North 88'47'44" West, 85.07 feet; thence South 66'00'06' West, 57.18 feet; thence along a non•tangent curve to the right 37.07 feet, having a radius of 55.00 feet, a delta of 38'37'21', and a long chord which bears South 18'49'57" East, 36.38 feet; thence South 00'33'10' West, 282.95 feet; thence along a non•tangent curve to the right 86.47 feet, having a radius of 55.00 feet, a delta of 90'04'34`, and a long chord which bears South 45' 31'22" West, 77.83 feet; thence North 89'2620' West, 315.42 feet; thence along anon-tangent curve to the right 86.39 feet, having a radius of 55.00 feet, a delta of 90'00'00', and a long chord which bears North 44'2621" West, 77.78 feet; thence North 00' 33'10' East, 279.73 feet; thence North 89'27'39' West, 116.00 feet; thence North 00' 3221" East, 245.24 feet; thence South 89' 27'39" East, 666.24 feet to the POINT OF BEGINNING. Containing 6.822 acres, more or less. END OF DESCRIPTION Prepared by: J-U•B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. APQaoV^~-~ • ~~'• BY ~~' • r-1 / ~ ~~ 1 R G 8575 ~ '"~~` ~ M. RMH/ jch:lhc V:\DSR10.06.O10 • Cedar Springs Townhames\10.06-010•DES\Oescrlption\R•15 BNDRY.dx (~ ~~ EXHIBIT B CURVE TABLE CURVE LENGTH RAOIUS TANGENT DELTA CHORD BEARING CHORD C1 37.07 55.00 19.27 38'37'21" S18'49'S7"E 36.38 C2 86.47 55.00 55.07 90'04'34" S45'31'22"W 77.83 C3 86.39 55.00 55.00 90'00'00" N44'26'21"W 77.78 N 1/4 CORNER CP&F INTR.~103178916 25 36 REV EW APPRO A~ (~ J_. 3Y ~-" 3 1= N z ~o zz o: z ~s ~i ~ McMillan Road~/t~E 1/16 CORNER - _ S 89'27'39" E 1340.85' - " S 00'28'44' W 85.00' r.__.~_ , ~, S89'27'39"E 666.24' N 89'2739` W t5•0°' ( n,•C~•'+Y.S 1~EPT. i ~ P03NT OF BEGINNING " N j , , 3 W i I : ~i i I ii N ~ I N N . ;, i ., ~ ~ i ~ ~i ~ ~ I 1~ I i~ ~ N ` M ~ ..: _ _ , ; i o _ . ... zl _ ...._, _. ___ .,.. rN 84T << ~' W 116.00' ____ i (~ ~ ~ I ~ , , ~ j 85.07 . , r : I __. i ~ ~ ~ 1 ~ i ~ i ~' 57.18 ' I I _ ~l ~ Iil .. ~_ .._ ~._._ .._ ~ .. . I ~ . I ;ol , I ~ nl i ~ ~ ~ ~ ~ I ~I ~ NI LJ ~ I N . ~ f I MI i ~ MI I $I ~ I ~ ! of l zl ~ _ .. ` .. . _ . . _ _ . ; _ °I ~ L I ~ .__{ ( ~ ; ~j i III ~~~ ( I I 7~ I ' ! ~ (" -- I ... ..._ ~o .. L \ ~ o __ .. ~ ; I ,. ... ; ,,. ~° - t ~ ~ + _:...__. .__.. ' ' ' _ / ~__ f __ N89 26 20_W 315.42 ___ _~ . , 8575 - - • ~ ,: ;_..- -- ., .__ ._ -,._ .. ___, ~ ~ : , ...._. _ I I I 1 ~ 'i o I SCALE:; 1"=100' R-15 ZONING BOUNDARY ~~ ~ NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.06- ,~ ,~ PROVIDING FOR RE-ZONING ORDINANCE An Ordinance of the City of Meridian granting re-zoning for being land situated in a portion of the West % of the Northeast % of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Attachment «A~~ This parcel contains 6.822 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed as attached as exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Av'e/nue, Meridian, Idaho. This ordinance shall become effective On the ~~' dayOf_~~6(4Il~Gan ~.`~,0~,`2~ ii,ri,E:.,,,~`f. ~~ ~~ ~/. ~ o Mayor and City Council of e ty of ~Ieri ian ~~~ _ By: William G. Berg, Jr., City Clerk ~, , _ First Reading: ll ~ -O~ Ad~ta ~,~y suspension of the Rule as allowed pursuant to Idaho Code 50=~ ~a9' NO Second Reading: -~ Tdag; STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06- /~ ~ ~ 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. 06- /2 73 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this ~ day of ry0'J , 2006. ~- /' William. L.M. Nary, City orney ORDINANCE SUIVIlVIARY - RZ-06-006 CEDAR SPRINGS TOWNI~OMES Page 1 of 1 i November 3, 2006 MERIDIAN CITY COUNCIL MEETING November 8, 200b APPLICANT ITEM NO. Z~ REQUEST Executive Session per Idaho State Code 67-2345(1){c)8~{f) 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: Mcferiats pr®aentsd at publk rnueflnps ahail become properly of fi~~a Cti~r of Me-idtan.