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2006-12-12
n t _~ ~,.. ,;~ / `1,~' CITY OF ,9 * ~ zp`°~ t %~1VLey7G~l~YI y~, r, IDAHO ,yj ~~~C r+EnsuaE ~~D3 • CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, December 12, 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: ~C Shaun Wardle ~ Joe Borton ~C Charlie Rountree ~ Keith Bird ~ Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Bud Henthorn with Meridian Gospel Tabernacle: 4. Adoption of the Agenda: G~~`~he Q I ~.~.G+~-G~~ 5. Consent Agenda: A. Approve Minutes of October 24, 2006 City Council Regular Meeting: G `i~1,ilvv~ B. Approve Minutes of November 14, 2006 City Council Regular Meeting: ~a~ /,c. C. Approve Minutes of November 8, 2006 City Council Special Joint Meeting: ~,~,,,,~ D. Tabled from December 5, 2006: Contract with Owyhee Construction for Broadway Avenue Water and Sewer Improvements for $817,576.50: ~/~.~~ ~, /2~~9-od Meridian City Council Meeting Agenda -December 12, 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. ~ ~ E. Findings of Fact and Conclusions of Law for Approval: 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: ~7~" v~ F. Findings of Fact and Conclusions of Law for Approval: 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: ~ ~p~,o~,.e- G. Findings of Fact and Conclusions of Law for Approval: 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: ~~-- H. Findings of Fact and Conclusions of Law for Approval: 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: a~>~v~- I. Findings of Fact and Conclusions of Law for Approval: RZ 06- 010 Request for a Rezone of 2.20 acres from I-L to a C-G zone for Lanark Property by Ron Van Auker -Northwest Comer of Eagle Road and Lanark Street (Lots 1 & 2, Block 1 of Olson & Bush Industrial Park: a~v~ J. Findings of Fact and Conclusions of Law for Approval: CUP 06-031 Request for a Conditional Use Permit for lighted fields adjoining a residential district for Heritage Middle School by Joint School District No. 2 - 4990 North Meridian Road: ~/~~ K. Findings of Fact and Conclusions of Law for Approval: VAR 06-021 Request for a Variance from UDC 11-3A-11C3 to install light fixtures with exposed bulbs for the ball fields for Heritage Middle School by Joint School District No. 2 - 4990 North Meridian Road: ~~r~rrv+~ L. SHP 06-009 Request for Short Plat Approval of 8 condominium units on 2 lots in an L-O zone for Salisbury Condominiums by John Homan -North meridian Road and south of West Ustick Road: G~y~~ Meridian City Council Meeting Agenda -December 12, 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. ~ ~ M. Approve Roster of Qualified Consultants for Enaineerina Services for Water, Wastewater, and Miscellaneous Public Works Projects: ~~.~.~,,,,~ N. Task Order No. 4 with Civil Survey Consultants, Inc. for Engineering Services Related to Floodplain Management not to exceed $20,000: ~~~- O. Task Order 618a with Civil Survey Consultants, Inc. for Construction Staking for Water and Sewer Improvements Associated with ACHD Overland, Linder to Meridian Road Project not to exceed $8,900.00: G~~~w P. Chance Order No. 1 of Contract with DC Enaineerina for Installation and Programming of Remote Terminal Units (RTU's) at 8 Pressure Reducing Valve (PRV) Locations not to exceed $2,700.94: a~~~ Q. Approval of Bid for Water and Sewer Improvements in Conjunction with ACRD Locust Grove, Franklin to Fairview Road Project to Central Paving for $348,459.20: ~vj-~.~ R. Approval of Bid for Water and Sewer Improvements in Conjunction with ACHD Overland, Topaz to Cloverdale Road Protect to Masco, Inc. for $298,397.90: ~~~ S. Change Order No. 1 for Water and Sewer Improvements in Conjunction with the Locust Grove Grade Separation with Williams Northwest Pipeline for $17,910.00: a~~~- T. Approve New Beer and Wine Licenses for Smoky Mountain Pizza 8< Pasta Fairview Lakes, LLC dba Smoky Mountain Pizzeria Grill at 980 E. Fairview Avenue: U. Agreement between City and Kreizenbeck Constructors for Construction Management Services for Water Department Building at 2235 Northwest 8 Street: a,~~-s,~-~,e. 6. Department Reports: A. IT Department 1. Adoption of Audit Report: B. Planning Department eC.c~i~nt -- /j12~,. Meridian City Council Meeting Agenda -December 12, 2006 Page 3 of 5 All materials presented at public meefings 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. 1. Discussion of Contractor Yards with Ada County ADHOC Committee: d~?u~df-ec~- ~ ~~~w -c~v 7. Items Moved from Consent Agenda: 8. FP 06-050 Request for Final Plat approval for 26 single-family residential building lots & 3 common lots on 9.44 acres in R-2 and R-4 zones for Napoli Subdivision by F & C Development - 4280 South Eagle Road: 9. Public Hearing: VAC 06-015 Request for a Vacation of a portion of the public utilities, drainage and imgation easement adjacent to the common lot line of Lots 3 & 4, Block 1 of Silverleaf Subdivision No. 1 by Corey Barton / Dyver Development - 3128 & 3150 West Lost Rapids Drive: ~~,~o w ~"''~'~/' a-.c.. 10. Public Hearing: AZ 06-043 Request for Annexation and Zoning of 20.51 acres from R-R to R-8 zone for Spurwina Patio Homes Subdivision by Spurwing Limited Partnership -Northeast Comer of North Ten Mile Road and West Chinden Boulevard and west of North Spurwing Way: 11. Public Hearing: PP 06-045 Request for Preliminary Plat approval of 73 residential building lots consisting of 46 attached single-family units and 27 detached single-family units and 6 common/other lots on 20.51 acres in a proposed R-8 zone for Spurwina Patio Homes Subdivision by Spurwing Limited Partnership -Northeast Comer of North Ten Mile Road and West Chinden Boulevard and west of North Spurwing Way: 12. Public Hearing: VAR 06-020 Request for a Variance to exceed the maximum block length allowed under UDC 11-2D-3C for Spurwinu Patio Homes Subdivision by Spurwing Limited Partnership -Northeast Comer of North Ten Mile Road and West Chinden Boulevard and west of North Spurwing Way: ~~y p/ti- ~ /-~-~7 13. Public Hearing: AZ 06-050 Request for Annexation and Zoning of 4.64 acres from RR to an R-8 zone for Tree Farm Addition b Treehaven, LLC - 6745 North Black Cat Road: ~~~~ ~~~~ e/,e ~~.~~r.~,-.~.ei 14. Public Hearing: MI 06-010 Request for a Miscellaneous application to modify the existing Development Agreement to include the property located at 6745 North Black Cat Road for The Tree Farm by Treehaven, LLC - 6745 North Black Cat Road: ~~~~~ ,~'l~ ~ C (~ ~ ~~~~~ 15. Public Hearing: AZ 06-049 Request for Annexation and Zoning of 13.25 acres from RUT to an R-8 zone for Larkspur South Subdivision by Greenspur Investments, LLC - 230 & 240 Edmonds Court:~„,~~a„c ,elf' f c(,Q Meridian City Council Meeting Agenda -December 12, 2006 Page 4 of 5 f ~I~a.~i 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. ., C 16. Public Hearing: PP 06-051 Request for Preliminary Plat approval of 67 single-family residential lots and 7 common lots on 12.81 acres in a proposed R-8 zone for Larkspur South Subdivision by Greenspur Investments, LLC - 230 & 240 Edmonds Court: /~'~ ~l~ ts' O~•e ~u~~YOV~a•( 17. Public Hearing: Amendments to Include Updating Procedures, New Fees, and Fee Increases for Dog Licensing: 18. Ordinance No. 4~- / 2~~ :Alcohol Ordinance: 19. Ordinance No. ~~ Audit Presentation Date Change Ordinance: /^Piy~..,vvyc. ~rwr. Qad~,,,.da., 20. 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): ~ ~ ~ b~ ~ ~~~,i1,1,r,,,~.~, ~c. ~ 1 ~: ~5~~-- Meridian City Council Meeting Agenda -December 12, 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. ~''~rG;~~~oS-I- -~~ ~I,AbUC ~~o~'Cz -~~ a .~, ,~- q r ~~ ~'' CITY OF ~ RD ~. %'1~18Y1~1G~'yl u~nr,o Fr ~~ e~ER ~* Tr~nsuae Vn~Y sixc~ ,,~ CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, December 12, 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 Pastor Bud Henthonn with Meridian Gospel Tabernacle: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of October 24, 2006 City Council Regular Meeting: B. Approve Minutes of November 14, 2006 City Council Regular Meeting: C. Approve Minutes of November 8, 2006 City Council Special Joint Meeting: D. Tabled from December 5, 2006: Contract with Owyhee Construction for Broadway Avenue Water and Sewer Improvements for $817,576.50: Meridian City Council Meeting Agenda -December 12, 2006 Page 1 of 5 All materials presented at public meetings shall become properly of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • E. Findings of Fact and Conclusions of Law for Approval: 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: F. Findings of Fact and Conclusions of Law for Approval: 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: G. Findings of Fact and Conclusions of Law for Approval: 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: H. Findings of Fact and Conclusions of Law for Approval: 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: I. Findings of Fact and Conclusions of Law for Approval: RZ 06- 010 Request for a Rezone of 2.20 acres from I-L to a C-G zone for Lanark Property by Ron Van Auker -Northwest Comer of Eagle Road and Lanark Street (Lots 1 & 2, Block 1 of Olson & Bush Industrial Park: J. Findings of Fact and Conclusions of Law for Approval: CUP 06-031 Request for a Conditional Use Permit for lighted fields adjoining a residential district for Heritage Middle School by Joint School District No. 2 - 4990 North Meridian Road: K. Findings of Fact and Conclusions of Law for Approval: VAR 06-021 Request for a Variance from UDC 11-3A-11C3 to install light fixtures with exposed bulbs for the ball fields for Heritage Middle School by Joint School District No. 2 - 4990 North Meridian Road: L. SHP 06-009 Request for Short Plat Approval of 8 condominium units on 2 lots in an L-O zone for Salisbury Condominiums by John Homan -North meridian Road and south of West Ustick Road: Meridian City Council Meeting Agenda -December 12, 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. • • M. Approve Roster of Qualified Consultants for Engineering Services for Water, Wastewater, and Miscellaneous Public Works Projects: N. Task Order No. 4 with Civil Survey Consultants, Inc. for Engineering Services Related to Floodplain Management not to exceed $20,000: O. Task Order 618a with Civil Survey Consultants, Inc. for Construction Staking for Water and Sewer Improvements Associated with ACHD Overland, Linder to Meridian Road Project not to exceed $8,900.00: P. Chance Order No. 1 of Contract with DC Engineering for Installation and Programming of Remote Terminal Units (RTU's) at 8 Pressure Reducing Valve (PRV) Locations not to exceed $2,700.94: Q. Approval of Bid for Water and Sewer Improvements in Conjunction with ACHD Locust Grove, Franklin to Fairview Road Project to Central Paving for $348,459.20: R. Approval of Bid for Water and Sewer Improvements in Conjunction with ACHD Overland, Topaz to Cloverdale Road Project to Masco, Inc. for $298,397.90: S. Chance Order No. 1 for Water and Sewer Improvements in Conjunction with the Locust Grove Grade Separation with Williams Northwest Pipeline for $17,910.00: T. Approve New Beer and Wine Licenses for Smoky Mountain Pizza & Pasta Fairview Lakes, LLC dba Smoky Mountain Pizzeria Grill at 980 E. Fairview Avenue: U. Agreement between City and Kreizenbeck Constructors for Construction Management Services for Water Department Building at 2235 Northwest 8 Street: 6. Department Reports: A. IT Department 1. Adoption of Audit Report: B. Planning Department Meridian City Council Meeting Agenda -December 12, 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. 1. Discussion of Contractor Yards with Ada County ADHOC Committee: 7. Items Moved from Consent Agenda: 8. FP 06-050 Request for Final Plat approval for 26 single-family residential building lots & 3 common lots on 9.44 acres in R-2 and R-4 zones for Napoli Subdivision by F & C Development - 4280 South Eagle Road: 9. Public Hearing: VAC 06-015 Request for a Vacation of a portion of the public utilities, drainage and imgation easement adjacent to the common lot line of Lots 3 & 4, Block 1 of Silverleaf Subdivision No. 1 by Corey Barton / Dyver Development - 3128 & 3150 West Lost Rapids Drive: 10. Public Hearing: AZ 06-043 Request for Annexation and Zoning of 20.51 acres from R-R to R-8 zone for Spurwinc>I Patio Homes Subdivision by Spurwing Limited Partnership -Northeast Comer of North Ten Mile Road and West Chinden Boulevard and west of North Spurwing Way: 11. Public Hearing: PP 06-045 Request for Preliminary Plat approval of 73 residential building lots consisting of 46 attached single-family units and 27 detached single-family units and 6 common/other lots on 20.51 acres in a proposed R-8 zone for $AUrwlng Patio Homes Subdivision by Spurwing Limited Partnership -Northeast Comer of North Ten Mile Road and West Chinden Boulevard and west of North Spurwing Way: 12. Public Hearing: VAR 06-020 Request for a Variance to exceed the maximum block length allowed under UDC 11-2D-3C for Spurwin~ Patio Homes Subdivision by Spurwing Limited Partnership -Northeast Comer of North Ten Mile Road and West Chinden Boulevard and west of North Spurwing Way: 13. Public Hearing: AZ 06-050 Request for Annexation and Zoning of 4.64 acres from RR to an R-8 zone for Tree Farm Addition by Treehaven, LLC - 6745 North Black Cat Road: 14. Public Hearing: MI 06-010 Request for a Miscellaneous application to modify the existing Development Agreement to include the property located at 6745 North Black Cat Road for The Tree Farm by Treehaven, LLC - 6745 North Black Cat Road: 15. Public Hearing: AZ 06-049 Request for Annexation and Zoning of 13.25 acres from RUT to an R-8 zone for Larkspur South Subdivision by Greenspur Investments, LLC - 230 & 240 Edmonds Court: Meridian City Council Meeting Agenda -December 12, 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. 16. Public Hearing: PP 06-051 Request for Preliminary Plat approval of 67 single-family residential lots and 7 common lots on 12.81 acres in a proposed R-8 zone for Larkspur South Subdivision by Greenspur Investments, LLC - 230 & 240 Edmonds Court: 17. Public Hearing: Amendments to Include Updating Procedures, New Fees, and Fee Increases for Dog Licensing: 18. Ordinance No. 19. Ordinance No. Change Ordinance: Alcohol Ordinance: Audit Presentation Date 20. Executive Session per Idaho State Code 67-2345(1)(c) - (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency): Meridian City Council Meeting Agenda -December 12, 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. Meridian City Council Meeting December 12, 2006 A meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, December 12, 2006, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Shaun Wardle, Keith Bird, Joe Borton, and Charlie Rountree. Others Present: Bill Nary, Will Berg, Anna Canning, Len Grady, Bill Johnson, Gene Trakel, Teny Paternoster, Pete Friedman, Doug Strong, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Shaun Wardle X Joe Borton X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: I will go ahead and call this meeting to order. We appreciate you all joining us here tonight. It is Tuesday, December 12th, for the record. It's 7:00 o'clock. We will start tonight's meeting with roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance: De Weerd: Item No. 2 is the pledge of allegiance. If you will all rise and join us in the pledge. (Pledge of allegiance recited.) Item 3: Community Invocation by Pastor Bud Henthorn with Meridian Gospel Tabernacle: De Weerd: Okay. Item No. 3 is our community invocation. Tonight we will be led by Pastor Bud Henthom with the Meridian Gospel Tabernacle. If you will all join us in the community invocation or take this as an opportunity for a moment of silence. Pastor. Henthom: Heavenly Father, once again we thank you for your goodness and your generosity. We thank you for the example that your Son has been to us. God, tonight during this holiday season we are reminded that when Isaiah prophesied he said that of Christ that the government would be upon his shoulders and that of his kingdom and of his peace there would be no end. We pause for a moment just to remember that all of this rests upon on the shoulder of your son Jesus the Christ and because of that we can expect that his kingdom will increase and we can expect that the peace of God that is given to each and every one of us will increase in our hearts and throughout this world forever more and we give you thanks for that. We ask that you would bless these men • ! Meridian City Council December 12, 2006 Page 2 of 52 and women who are your servants, bless these who have come to participate in their city government in Jesus' name, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, Pastor Henthom. Item 4 is adoption of the agenda. D. Tabled from December 5, 2006: Contract with Owvhee Construction for Broadway Avenue Water and Sewer Improvements for $817,576.50: Table to December 19, 2006 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Item D on the Consent Agenda has been asked to be tabled until December 19th, 2006. And also on the regular agenda, Item No. 8 has been asked to be tabled until December 19th, 2006, and Item 19, an ordinance for an audit presentation has been pulled indefinitely. And also on our Executive Session, not only it will be (1) (c), but it will also be (1) (a), (1) (b) and (1) (d). With that I move we approve the revised agenda. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the adoption of the agenda as amended. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of October 24, 2006 City Council Regular Meeting: B. Approve Minutes of November 14, 2006 City Council Regular Meeting: C. Approve Minutes of November 8, 2006 City Council Special Joint Meeting: E. Findings of Fact and Conclusions of Law for Approval: 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: F. Findings of Fact and Conclusions of Law for Approval: PP 06- 044 Request for Preliminary Plat approval of 62 residential lots and Meridian City Council December 12, 2006 Page 3 of 52 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: G. Findings of Fact and Conclusions of Law for Approval: 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: H. Findings of Fact and Conclusions of Law for Approval: 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: I. Findings of Fact and Conclusions of Law for Approval: RZ 06- 010 Request for a Rezone of 2.20 acres from I-L to a C-G zone for Lanark Property by Ron Van Auker -Northwest Comer of Eagle Road and Lanark Street (Lots 1 & 2, Block 1 of Olson & Bush Industrial Park: J. Findings of Fact and Conclusions of Law for Approval: CUP 06-031 Request for a Conditional Use Permit for lighted fields adjoining a residential district for Heritage Middle School by Joint School District No. 2 - 4990 North Meridian Road: K. Findings of Fact and Conclusions of Law for Approval: VAR 06-021 Request for a Variance from UDC 11-3A-11C3 to install light fixtures with exposed bulbs for the ball fields for Herita e Middle School by Joint School District No. 2 - 4990 North Meridian Road: L. SHP 06-009 Request for Short Plat Approval of 8 condominium units on 2 lots in an L-O zone for Salisbury Condominiums by John Homan -North meridian Road and south of West Ustick Road: M. Approve Roster of Qualified Consultants for Engineering Services for Water, Wastewater, and Miscellaneous Public Works Proiects: N. Task Order No. 4 with Civil Survey Consultants, Inc. for Engineering Services Related to Floodplain Management not to exceed $20,000: O. Task Order 618a with Civil Survey Consultants, Inc. for Construction Staking for Water and Sewer Improvements Meridian City Council • • December 12, 2006 Page 4 of 52 Associated with ACRD Overland, Linder to Meridian Road Project not to exceed $8,900.00: P. Chance Order No. 1 of Contract with DC Engineering for Installation and Programming of Remote Terminal Units (RTU's) at 8 Pressure Reducing Valve (PRV) Locations not to exceed $2,700.94: Q. Approval of Bid for Water and Sewer Improvements in Coniunction with ACRD Locust Grove, Franklin to Fairview Road Project to Central Paving for $348,459.20: R. Approval of Bid for Water and Sewer Improvements in Coniunction with ACHD Overland, Topaz to Cloverdale Road Project to Masco, Inc. for $298,397.90: S. Chance Order No. 1 for Water and Sewer Improvements in Coniunction with the Locust Grove Grade Separation with Williams Northwest Pipeline for $17,910.00: T. Approve New Beer and Wine Licenses for Smoky Mountain Pizza Sz Pasta Fairview Lakes, LLC dba Smoky Mountain Pizzeria Grill at 980 E. Fairview Avenue: U. Agreement between City and Kreizenbeck Constructors for Construction Management Services for Water Department Building at 2235 Northwest 8 Street: De Weerd: Item 5 is our Consent Agenda. Mr. Bird. Bird: Madam Mayor, as I said earlier, Item D has been asked to be tabled until December 19th, 2006, and nothing else has been asked to be deleted, so I move we approve the revised Consent Agenda for the Mayor to sign and the Clerk to attest on all papers. Rountree: Second. De Weerd: I have a motion and a second on the Consent Agenda. 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: Meridian City Council December 12, 2006 Page 5 of 52 A. IT Department 1. Adoption of Audit Report: De Weerd: Thank you, Mr. Berg. And the department reports, tonight we will start with our IT department. Teny. Patemoster: Madam Mayor, Members of the Council, tonight's just afollow-up discussion to the IT strategic audit that was presented back in October and to just follow up with any questions that you might have and to get your formal support on that audit and the recommendations that were made. Are there any questions? De Weerd: Council, any questions for Teny. None? Okay. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: Terry, I guess one of the questions I had is implementation of some of the recommendations would be considered at budget time and in the future, it gives you a planning mechanism to bring this forward, is that sort of what I got the gist of? Patemoster: Yeah. I do think that some of the recommendations that were made by the specialist that we brought in to review our processes will have to take place at budget time, unless we were to do an amendment sooner. Some of them we have implemented, like the security, we have already put security in place in one of the server rooms and on some of the more secure areas to make sure that those are no longer vulnerable and so -- and we have also done some of the recommendations, like put together the MIS committee. We are going through an analysis of some of the different software packages that kind of go along with enhancement that was given to Public Works for new building permit software and so there are some things that we have already put into place, but some of them are contingent on getting funding next year. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Terry, you and I talked a little bit about this before sometime ago and some of the recommendations -- a couple of the recommendations, one in particular, that -- I don't know if you have implemented, I think you have, was recording of -- and keeping track more specifically of some of the IT staff time, as we have -- as Councilman Wardle talks about budget preparation, there is an opportunity to implement that, so we have a better understanding of how thinly you are spread trying to accomplish some of these tasks, that would be very helpful. ~J Meridian City Council December 12, 2006 Page 6 of 52 Paternoster: Yeah. Absolutely. One of the modifications that we did do as a short-term solution is we have modified our support ticketing system to include time tracking within a prioritization so that we can prioritize user requests, so that we know whether or not it's critical, it's a priority, whether or not it can wait, and we have also implemented a time portion so that we can track how long each IT support issue is taking, so that we can better present information to the Council of any knew enhancements regarding personnel are presented. Borton: Okay. Good. De Weerd: Okay. Council, any other questions? I do need a motion to officially accept the audit as presented, then. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I would move that we do accept the audit report dated September and October of 2006 for the IT Department. Wardle: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Okay. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. B. Planning Department 1. Discussion of Contractor Yards with Ada County ADHOC Committee: De Weerd: Okay. Thank you. Our next department report -- thank you, Teny -- is our planning department. Pete. Friedman: Thank you, Madam Mayor, Members of the Council. I'm going to make this brief, because of your lengthy agenda tonight, but what we have sent you is really what is a county enforcement problem that's sort of been visited upon the city. By way of background, Ada County was involved in some enforcement actions against a contractor's yard earlier in this year and in response to that that private individual made an application to the county to amend the county's zoning ordinance to allow contractor's yards in the rural residential and rural preservation districts. County planning and zoning commission heard that application and their recommendations to the board of commissioners was for denial. When the board of commissioners received Meridian City Council December 12, 2006 Page 7 of 52 that recommendation, they deferred action and directed staff to assemble an ad hoc committee, because they felt that this may be an issue that is facing the cities, as well as the county. That ad hoc committee met four times, I participated in two of those meetings, and their recommendations have been sent to the board, I have sent you copies with the material for tonight's meetings. In that there were four recommendations that as a city representative I was not comfortable supporting until I had Council direction. Those are contained in your packet and briefly are -- those considerations are would the city amend its Comprehensive Plan to allow contractor's yards in our areas of impact without being on sewer. Would the city support a new nonresidential zoning district in the area of impact and, of course, this would require a Title 9 negotiation, so even if that were to be put forward by the county, I don't think that something there would be moving along very quickly. Thirdly, would contractor's yards be allowed to develop in the industrial zones in the city on septic, rather than on sewer, if they were willing to put in dry line sewers and sign ahook-up agreement with the city. And, then, would the city consider allowing contractor's yards in the areas of impact as a temporary use. That is one that staff is not very comfortable with. The others I think are pretty clear Council directives that we would need to take back. In talking with county staff, the matter is going back before the board of commissioners tomorrow night and their read is that if the board of commissioners denies the applications, then, they are going to direct staff to start following up on those -- on those recommendations that came from the ad hoc committee. If they approve the change to the zoning code, then, I'm not certain at this time how many more of these recommendations we would need to follow up on. So, I was just looking for some direction from you. We can either adjust that tonight or we can wait until the county acts tomorrow night and, then, come back and take a look at these, but these are -- these are at least four policy areas that I was hoping to get some direction from the Council on. De Weerd: Okay. Council, discussion from Pete's comments? Rountree: Mr. Mayor? De Weerd: Yes, Mr. Rountree. Rountree: In viewing these five options that Pete's asked for guidance on, only the fifth is one that I'm particularly interested in at this point in time. I think those other issues as it relates to the Comprehensive Plan amendment and activities outside of our area of impact or within our area of impact that don't have sewer are things that I'm not particularly interested in pursuing at this point in time. That's my opinion. De Weerd: Okay. Bird: Madam Mayor, I'd agree a hundred percent. De Weerd: Thank you, Mr. Bird. Any other comments? Borton: Madam Mayor? • Meridian City Council December 12, 2006 Page 8 of 52 De Weerd: Yes, Mr. Borton. Borton: Pete, I agree, but I do think that after tomorrow's decision we are going to want to talk about this again, depending on which way they go. Friedman: I think I have my direction. I think we will -- I will find out tomorrow what the action is and, then, be back before you. De Weerd: Okay. Thank you, Pete. We appreciate it. Item 7: Items Moved from Consent Agenda: De Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: FP 06-050 Request for Final Plat approval for 26 single-family residential building lots & 3 common lots on 9.44 acres in R-2 and R-4 zones for Napoli Subdivision by F & C Development - 4280 South Eagle Road: De Weerd: Item 8 has been requested to continue until the 19th. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continue -- well, we can't continue -- table FP 06-050 until December 19, 2006. Rountree: Second. De Weerd: Okay. I have a motion and a second to table Item 8 until next week. All those in favor say aye. All ayes. Motion carves. MOTION CARRIED: ALL AYES. Item 9: Public Hearing: VAC 06-015 Request for a Vacation of a portion of the public utilities, drainage and irrigation easement adjacent to the common lot line of Lots 3 & 4, Block 1 of Silverleaf Subdivision No. 1 by Corey Barton / Dyver Development - 3128 & 3150 West Lost Rapids Drive: De Weerd: Item 9 is a Public Hearing on VAC 06-0215. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, we do have all the necessary relinquishments on this vacation. Meridian City Council December 12, 2006 Page 9 of 52 De Weerd: Okay. Thank you, Anna. Council, any questions? Bird: I have none. De Weerd: Okay. Do I have a motion -- or need to close the public -- is there anyone in the public who would like to comment on this application? It is a Public Hearing. Okay. Is the applicant here this evening? Okay. You have no comment? Thank you. Okay. If there is no comment from the public, Council? Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: Hearing no additional comment, I would move that we close the Public Hearing on Item 8. Borton: Second. De Weerd: Okay. I have a motion and a second to close the Public Hearing on Item 9. All those in favor say aye. All ayes. Motion carves. MOTION CARRIED: ALL AYES. De Weerd: If there is no discussion, do we have a motion? Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: I move we approve Item 9, VAC 06-015. Rountree: Second. De Weerd: Okay. I have a motion and second to close -- or to approve Item 9. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 10: Public Hearing: AZ 06-043 Request for Annexation and Zoning of 20.51 acres from R-R to R-8 zone for Spurwing Patio Homes Subdivision by Spurwing Limited Partnership -Northeast Comer of North Ten Mile Road and West Chinden Boulevard and west of North Spurwing Way: Meridian City Council ~ • December 12, 2006 Page 10 of 52 Item 11: Public Hearing: PP 06-045 Request for Preliminary Plat approval of 73 residential building lots consisting of 46 attached single-family units and 27 detached single-family units and 6 common/other lots on 20.51 acres in a proposed R-8 zone for Spurwina Patio Homes Subdivision by Spurwing Limited Partnership -Northeast Comer of North Ten Mile Road and West Chinden Boulevard and west of North Spurwing Way: Item 12: Public Hearing: VAR 06-020 Request for a Variance to exceed the maximum block length allowed under UDC 11-2D-3C for Spurwina Patio Homes Subdivision by Spurwing Limited Partnership -Northeast Comer of North Ten Mile Road and West Chinden Boulevard and west of North Spurwing Way: De Weerd: Okay. Items 10, 11, and 12 are public hearings on AZ 06-043, PP 06-045, and VAR 06-020. I will open these three public hearings with staff comments. Canning: Madam Mayor, Members of the Council, this is the Spurwing Patio Homes project. It is located north of Chinden Boulevard and northeast of Ten Mile Road - Chinden Boulevard intersection, if there were one. There is one on the south side of the street, there is not one on the north side of the street. The property is kind of -- has a flag coming out from Chinden Road to an existing lot within Spurwing Subdivision. It does connect up the roadway within that subdivision, that county subdivision, and, then, we have golf course property surrounding it on three sides. The applicant is requesting both annexation and zoning and preliminary plat and variance approval. They are proposing 46 lots for attached patio homes and 27 lots for detached homes. All of the proposed lots do meet the minimum dimensional standards of the requested R-8 zone. The average lot size in the proposed development is a little over 9,000 square feet. The open space consists of 3.69 acres or 18 percent of the site. As you will see on the landscape plan, a large portion of that is water features. Access to the site is currently proposed from North Spurwing Way. So, this would be Spurwing Way and, then, you get to Galata Court and, then, you come off of Galata Court into this proposed development. The flag that I pointed out previously would be an emergency access out to the Ten Mile and Chinden area. Any other access -- direct lot access to that would be prohibited. The gross residential density is 3.56 dwelling units per acre. The net density is 4.45 dwelling units per acre. Here is the landscape plan. And we have a couple of elevations. The Planning and Zoning Commission recommended denial of this project at their November 16th, 2006, hearing. At that Public Hearing Becky McKay from Engineering Solutions spoke on behalf of -- or in favor of the project, as did Jock Hewitt from Spurwing Limited Partnership. Tina Rice, Myron Tucker, Ed Davis. And they also read a letter by Donna Larsen, the general manager of Spurwing Country club, on behalf of Spurwing Country club. In opposition were Ron Ashley, Gina Ingle, and also speaking for other homeowners in Spurwing Subdivision, Byron Brown, who was also speaking for Beverly Brown, Joy Compton, Bob Treerice, sorry about that. I'm sure I got it wrong. Grant Peterson and Andrea Nist. Fifteen other people signed their names on the sign-in sheet provided at the meeting in opposition to the project, but did not speak during the hearing. No one was just commenting on the application. The key Meridian City Council December 12, 2006 Page 11 of 52 issues of discussion by the Commission were the proposed lot size and the transition from the existing one acre lots along the north boundary. This one's the easiest to see, I think. The proposed density, the increased trafFc, and access onto Chinden Boulevard and resident opposition to the project. The key Commission changes to the staff recommendation, Commission did recommend denial of the project. Outstanding issues for City Council -- because the Commission is recommending denial, you don't have conditions included in your report. So, the two available actions tonight are denial or a continuance in order for staff to get conditions of approval. You do not have what you need to approve this project tonight. The applicant has submitted a revised plat dated November 22nd, 2006. Since the Commission -- since the Commission hadn't reviewed that plat -- we did include it, but we didn't -- it addresses some of those concerns that the Commission and the neighbors had. The primary changes to the revised plan are that the total lot count was reduced by two building lots to 69 building lots total. The building lots along the northem boundary have increased in size, providing more of a transition in lot sizes to the existing one acre lots to the north. The open space along the northem boundary west of the common area was removed. Visibility to the common areas located behind the building lots was noted as a concern by the police department. And some of the attached units originally shown along the north boundary have been relocated to the west boundary. Staff did look at the revised plat and all the lots meet the dimensional standards of the proposed R-8 zone. However, we didn't update the staff report, because that wasn't the Commission's recommendation. So, you have Commission's recommendation before you tonight. The police department has not commented on the revised plat, nor has the Commission reviewed or commented on that plat. Since the staff report was written, we have received three written testimonies, one from Carol Scott from the Spurwing homeowner, the general tone of the note there was too many homes being proposed in the small area. Patrick Haust, president of the Spurwing Homeowners Association who would like to see density of approximately 30 to 35 homes as originally presented when he bought his home. And Nichole Black, who is in favor, but concerned about density and increased traffic, would like to see 40 to 50 homes total. There is also a variance application. The variance application was for cul-de-sac length. Staff did make findings for recommending approval of that variance. The constraining factors are -- they are somewhat self imposed or they were created when the lot was created in the Spurwing Subdivision, basically. It does have limited access and only has access at this one location and, then, as noted before, the one going down to Chinden is just an emergency access. So, that necessitates having an extra long cul-de-sac. With that I will answer any questions you may have. De Weerd: Okay. Council, any questions at this point? Bird: Not at this time, Madam Mayor. De Weerd: Okay. Is the applicant here? If you will, please, state your name and address for the record. Meridian City Council December 12, 2006 Page 12 of 52 McKay: Becky McKay, Engineering Solutions, 1029 North Rosario, Meridian. I'm representing the applicant on this particular project. Madam Mayor, Members of the Council, as staff indicated, this is Spurwing Patio Homes. I'd just kind of like to give you a brief overview of how this property became situated in this fashion that you see before you. In 1995 application was made to Ada County for a nonfarm development. They went in and asked for acre lots, which allowed them to develop approximately 25 percent of the property and leaving 75 percent in open space, which became the golf course and the clubhouse area. What you see here was a platted lot within the Spurwing Subdivision. They did -- there is a little sliver here and a little sliver over in this area that was part of the golf course lots. We did go through Ada County and do a property boundary adjustment to leave land surveying to that duty. So, when the entire project was designed, they -- the golf course designer laid out these patio homes within this area, with an access coming off of Balata Court, coming in and looping around in this fashion. When Mr. Hewitt brought the project to me he brought me a concept that was part of the original golf course development. He indicated that their overall plan was to provide a diverse project, but that was, obviously -- this particular phase was future based on the fact that no public services were available at that time. With this particular project we feel, now that sewer and water is available, that the city has extended their area of city impact out to the Phyllis Canal, that we -- this is the appropriate time for this to be annexed and included within the city and, obviously, be serviced by the city. You guys updated your Comprehensive Plan in March of '06. This particular area here was designated medium density residential, which is that obvious three to eight dwelling units per acre. With what we are proposing before you this evening -- we have 69 single family dwellings, 38 attached, 31 detached. That's approximately 3.36 dwelling units per acre as our gross density. In the modifications that we made of the plan, we have presented to the staff, we sent it to them a couple weeks ago, I did mail it out to residents within 300 feet. I mailed it out to the parties which testified at some of the previous hearings to give people an opportunity to look at it. The changes that were made were based upon some of the concerns expressed by the neighbors and some reservations that Commission had. The Commission really struggled with this particular project. They said we like the project, it looks good, we have seen other golf course projects, we know that diversity in lot sizes, home types, is common in golf course projects. Cheny Lane golf course, for one, is a prime example of that. They have varying lot sizes. And so they like this. They ended up recommending denial based on the overwhelming opposition testimony that came at the second hearing. The primary problem was the attached dwellings were all located in this area here. So, what we did is we got together and we have relocated the attached dwellings on the western boundary here. All of these became 11, 12, 13 thousand square feet, they ranged from 129 feet in depth up to I think 145. We have attached dwellings here in this pod and these are all detached here and, then, I have detached in through here and those are 10,000 and up. And that 10,000 was based on staffs original review of the project, saying, you know, the attached lots being 4,000, 5,000 square feet, we would prefer to see ten. I left some attached dwelling here. There are four lots -- or four attached dwellings -- or units with eight total lots located right here, kind of in this little curve. I did that because this was the area where we had the greatest separation. Our original plan -- this common area went all along here and, Meridian City Council December 12, 2006 Page 13 of 52 then, terminated at this point. It was kind of a linear type open space. The police department had some concerns about the visibility of that open space, being able to see it from the roadway, accessibility by the public, even though we -- we are convinced that that is like passive open space, they had some concern. I did meet with Bob Stowe, I spent at least an hour with him. We took out some lots here, created what we call view comdors in through here, and talked about non-sight obscuring fencing or no fencing at all. We did make a commitment that this would be either wrought iron or no fencing along here, to give maximum visibility to that area. We were trying to create a landscape buffer or separation between the acre, more estate lots, and the more urban lots that we are creating here. Obviously, when we got -- you know, this linear open space here did not seem to satisfy the neighbors and we went to the detached type larger lots, then, I utilized that area as part of our depth to get more separation. The other thing that we proposed is a masonry wall, a six foot stamped concrete masonry type wall, very similar to what you see at Lochsa Falls along that Linder Road corridor. That wall would go along this area right through here. And that would also give us some of that separation. This is a very unusual piece of property, very unique. The fact that it is -- it has three sides are golf course. The fire department requirement mandates that if we have 50 lots or greater we have to have a secondary means of access and that's where the secondary access came about. So, we showed from the beginning a secondary access coming out here at that Ten Mile alignment. Now, this -- the property line right now just goes to the center line of Ten Mile. So, I could not make a second public street connection. I can't make that alignment. So, the second best thing was to provide the secondary access. Bob Stowe indicated that he could live with that as long as we gated it here and gated it back a little bit in here, so that we didn't get any people trying to utilize that for vehicular access. I also spoke in length with Joe Silva. He said he was comfortable with that secondary access. In fact, he was happy to see it, because this is only one way in and one way out of Spurwing Subdivision. Now, there has been a lot of talk about traffic and what capacity is available out there. I did bring an overhead that I'll give the staff. Canning: Becky, it's not working. McKay: Oh, it's not working? Canning: We got a new computer today and they didn't load the driver for it. McKay: Okay. I'll go ahead and submit that for the record. Canning: Mrs. McKay, while you pause for breath, can you, please, use the overhead, because when you point to the smaller one we can't see where you're pointing to. Anybody behind you can't see. McKay: Sure. Yes. That°s fine. If you could go back to the vicinity map. Okay. Spurwing Way is the primary entrance into the subdivision. This is a 40 foot back-to- back collector type roadway. According to the traffic engineer, those collector roadways, split median, no front-on housing, can handle six to eight thousand vehicle Meridian City Council • December 12, 2006 Page 14 of 52 trips a day. We have 70 single family dwellings within Spurwing development. They are generating 700 vehicle trips a day. Based on the ITE, the golf course -- an 18 hole golf course, private or public, generates approximately 645 vehicle trips a day. So, the existing traffic on Spurwing Way here is approximately 1,345 vehicle trips a day. Leaving an existing available capacity of 4,655 trips per day. What we will add onto this is 622 trips. So, there is still excess capacity on there. Now, there were comments made concerning left-hand turns and accessibility on Chinden. Obviously, Chinden -- I know they have been working on trying to come up with a design for five lanes to Caldwell, we have been hearing about that for a significant amount of time now and we anticipate that, eventually, that will take place. Timing -- your guess is probably as good as mine. In consulting with the traffic engineers the new signal at Lochsa Falls entrance, which is the half mile, will create gaps in that traffic, especially for that westbound traffic, therefore, allowing that left-hand turn to be easier. The fact that this entrance is not at the half mile and was done, you know, back in 1995, I don't know how that can be corrected. But the signalization, according to the traffic engineers should help. As far as Balata Court, if you notice our entrance comes out right here as Balata Court, which is a local street, just begins. Local streets, we try to keep those volumes under 1,000 trips a day. So, the existing traffic with the 17 lots on Balata Court is 170 trips a day. That allows for 830 vehicle trips as excess capacity. We will be adding at the front end here 622 trips. So, we would not exceed the threshold of Balata Court as a local street. This project -- and like I told the Commission -- is unique. We always have difficulty when we come in to areas as urban services are extended, as city limits are extended, and we have estate acre lots or larger. Obviously, trying to make that transition from that urban -- or rural to urban. We believe that the density of 3.36 dwelling units per acre is a reasonable density. When we are seeing what -- you know, what other projects have out there, this particular project has a lot of attributes that we don't see in other projects. One, it has that existing open space that's already been created. There is over 200 acres in there in that golf course area throughout that that's under Pacific Links Partnership. With the unusual shape and with the access that I have, I feel that we have done the best that we can do to interface with the project. Moving the attached dwellings to the west, locating them within the pod, these homes we estimate will be high end. I mean these are going to be luxury homes. These are not your low end type units. We believe that these will be between 300 and 400 thousand for each of the attached units. They will range from 1,200 to 1,800 square feet. And the detached will be 1,200 to 4,000 square feet and probably start at about 550,000 and go on up. If Anna could put the elevations -- Mr. Hewitt did go to a designer and have some elevations done. The elevation that you're looking at was just, obviously, the first draft of the attached unit. As you can see visually in looking at it, it looks very similar to a detached home. You have to look hard. And I have seen these types of dwellings built in Idaho Falls, California. Driving by them you -- if you notice the second driveway, then, you notice, oh, gees, there is two dwellings there and they are attached. This is the garage. You'd have a driveway coming in this way and, then, another driveway coming in on the other side. That's the detached unit. Mr. Hewitt is going to have very strict covenants as far as the looks of these. These lots aren't going to be sold to builders and be just a hodge podge of designs and styles, they will all be Meridian City Council • December 12, 2006 Page 15 of 52 consistent in this particular design with stucco, tiled roofs, and consistent in their look and color. De Weerd: Mrs. McKay, please, wrap up your comments. McKay: Yes, ma'am. I'd like the Council to take a look at this project from a different perspective. This is unique and if you have ever been to golf courses around the country, you see that there are varying types of lots and homes and it does work, we do have a good separation here, and I think that we have done a good job. Thank you. De Weerd: Okay. Thank you. Any questions for the applicant at this time? Bird: Madam Mayor. Becky, on your new preliminary plat you enlarged some -- the lots that back up against the existing one acre lots, which I would imagine, what are they, about 150 foot wide by, what, 275 or 300 to the acre lots. How wide is your lots? Are you saying you had 12, 15 thousand square foot? What's the width? McKay: Our lots are ranging from -- it looks like the widest ones along that corridor are approximately 90 feet wide and they go from 86, 83, and, then, we have those pie shaped lots. Bird: Okay. McKay: And they are approximately a hundred and I think 29, all the way up to 145 in depth. Bird: Thanks. De Weerd: Okay. Anything further. Thank you. Okay. I do have a number of people who have signed up to indicate support or opposition and I will preface announcing these names with please don't hold it against me if I mispronounce your name. And I will take corrections. Chuck Compton. Signed up against. And when I read your name, if you would like to provide testimony, if you will come forward at that time or we will read this into the record, so if that's sufFcient we will move on. Okay. Ron Ashley signed up against. Okay. If you will, please, state your name and address for the record. Ashley: I'm Ron Ashley, 6851 North Penncross Way Meridian, Spurwing Subdivision. De Weerd: Thank you. Ashley: Council Members. Mayor. I had two problems with this before, I still have two problems with it. The traffic being the major problem. They have said that it would help the westbound traffic -- Lochsa Falls stop light east to us is about 175 yards. Eastbound is still going to be a mess. Basically, we are doubling the traffic in there. The other thing is when I built my home there five, six years ago, I was told by the Meridian City Council • December 12, 2006 Page 16 of 52 seller's agent that there would 35 condos going into that area there and the representative happened to be the developer's wife that told me that, so -- and told a lot of the other people that live out there, too. So, that seems to be forgotten somewhere along the way here. So, I recommend that you vote no against this. De Weerd: Okay. Thank you. Ed Davis signed up for. Davis: Madam Mayor, City Council, Ed Davis, marketing director, Spurwing Country club. on November 16th -- De Weerd: If you can give your address, too. Davis: 6800 North Spurwing Way, Meridian. De Weerd: Thank you. Davis: On November 16th we presented a letter on behalf of Spurwing Country club supporting the development of the piece of property and, once again, would like to add our support toward that. De Weerd: Okay. Thank you. Larry Harpe signed up for. Harpe: Larry Harpe, 1092 Surewater, Eagle. De Weerd: Thank you. Harpe: I bought a lot in Spurwing in about 2000 and just wanted to come forward and say that I sold that lot a couple years ago, because my wife and I felt it was too big, we did not want to buy an executive lot and an executive house, but we were told that condos, townhouses, would come into play sometime down the road. And, of course, we are anxious to buy a condo or a townhouse in this area, because the club is spectacular. And I guess hearing what's going on with the community, I would strongly recommend that you defer this back to the Commission and that the applicant seriously look at reducing the number of units a little bit. But I think there needs to be a good size number for this to pencil out and make sense. The second thing is that Spurwing is clearly probably the best club in the area. To have it annexed to Meridian I think would be a huge benefit to Meridian and I think that's really important, and I'm sensitive to the community that lives there. I'm not sure if I had a one acre executive house I would want a bunch of small lots next to me. But the way this is designed I think it works, I think it fits, and I support what's being proposed. De Weerd: Thank you. Okay. Tina Rice for. Rice: Madam Mayor, Council, my name is Tina Rice and I live at 2851 Balata Court. I'm on the north boundary of this project. I have the executive lot. One acre lot. And I'm also a realtor and I'm also related to the developer. But, believe me, I wouldn't be • Meridian City Council December 12, 2006 Page 17 of 52 standing here supporting this if it had any way that I thought it would devalue my executive lot and home. I support this project. I think it's well planned and I wish it well. De Weerd: Thank you. Bailey Nix signed up for. Nix: Good evening, Madam Mayor and Councilmembers. De Weerd: You can pull that down a little bit. Thank you. Nix: How is that? De Weerd: Great. Nix: My wife and I moved to Meridian -- De Weerd: Mr. Nix, if you can also give your name and address. Nix: Sure. Excuse me. Bailey Nix is my name. My wife Lita here is -- well, we live at 12723 West Sage Creek Drive. De Weerd: Thank you. Nix: We moved to Meridian in 1979 and bought an executive lot, built the house, and we have enjoyed living in Meridian for years. Unfortunately, we were annexed into Boise a few years back. It's our desire, as we grow older, to find a place smaller to live and we think this development is just what we are looking for or one like it would be great in our consideration. So, we hope that you will approve it, it will get built, and it will be in consideration for us in the future. Thank you, ma'am. De Weerd: Thank you. Debbie Kelly signed up for. Kelly: Madam Mayor and Council, Deborah Kelly. K-e-I-I-y. 6971 North Spurwing Way. De Weerd: Thank you. Kelly: We live in the Spurwing Subdivision, which is a very lovely subdivision. We started researching it in 1997, we knew from the get go that patio homes were going to be there. We even have a plot plan that is stating that from 1998 that future development was going in. We chose not to be by that, simply because we were aware of it and decided that we would rather be on a different fairway. We think that everything that Spurwing has done, including their entrances and so forth, has been first class. The developer Jock Hewitt and his wife live in Spurwing. We would see no reason that they would take their beautiful home and cause the real estate value to go down in any way. I don't think that any of our real estate values have gone down. We have always been aware of this and we think it will be a first class subdivision with fabulous design guidelines. Thank you. • Meridian City Council December 12, 2006 Page 18 of 52 De Weerd: Thank you. Borton: Madam Mayor? De Weerd: I'm sorry -- Borton: If I could ask you one quick question. Kelly: Me? Borton: Yeah. Sony. I was trying to catch you before you ran down. When you make reference to being aware of the patio homes in this location, were you also told any particular numbers of patio homes or any density? Kelly: You know, we have lived in other private communities in other states and we just knew that we didn't want to be by additional houses, so it really wasn't a concern how many there were going to be. It just wasn't something we wanted to do. So, we live on another street in Spurwing. But we do also know -- well, I will add to it. Our neighbors have left and moved to the state of Florida, but they plan on moving back and buying one of these patio homes, because they enjoy Spurwing and the patio homes are right up their alley. Borton: Madam Mayor? De Weerd: Yes. Borton: I take it that's a no? Kelly: Yeah. No, we didn't -- we didn't --didn't care. Borton: Okay. Fair enough. Thanks. De Weerd: Thank you. Okay. Monte McClure signed up for. McClure: Madam Mayor and Council, my name is Monte McClure. I live at 2626 West Penick Pointe Lane in Spurwing. We bought there in '95. We were probably, I think, about the third people to buy a lot in Spurwing. We knew at the time that we bought that there was going to be patio homes, townhouses, something -- I don't recall that there was ever a number placed on that. There may have been, but I don't recall that number. In 1995 I figured it would be 20 years before we'd have sewer -- the City of Meridian would ever get there with sewer and I knew that sewer would be necessary in order to get more density in that piece. It's come a lot quicker than we anticipated, but I think it will be a very good project. It looks good. The pictures of the houses that Jock's going to build look nice, I think it will be a very nice addition to the City of Meridian and • Meridian City Council December 12, 2006 Page 19 of 52 to the area. It will be good -- it will be good for the golf club, for the country club, and I recommend your approval. And I will stand for questions. De Weerd: You know, it's just too good to pass up. McClure: Oh, no. De Weerd: We talk about 20-26 corridor and we have gone through a plan of that corridor and we are hoping that ITD board will recommend putting that on a priority list for improvements. What is the plan for that? McClure: Well, as you know, Mayor, there is a comdor study going on now and a corridor preservation committee that you and I both sit on, that is -- is trying figure out, with public involvement, what people want, what we need in that 20-26 corridor. I can't answer the question. It will be a five lane facility, I'm positive. I'm fairly positive of that. Through this area I don't think there is ever going to be enough room to have a divided type highway or expressway, it will probably be a five lane facility with center turn lanes. Out further west on towards Caldwell I think we will get -- we may still be in time to have a divided expressway type -- type facility. Time line? I don't know. Our funding situation is such that - that I don't know when we are going to have enough money to build that particular piece of highway, but I travel it every day and it is getting bad. I don't ever get jammed up at the intersection of Spurwing Way and Chinden, other than the traffic on Chinden. It's not the traffic on Spurwing that causes the problem, it's the traffic on Chinden. I guess I can't pass this opportunity either. The transportation board has made a recommendation to the govemor to raise fees and fuel taxes in order to build facilities like this and I would hope that this Council supports that issue and I hope that the audience here learns more about the issue itself and supports it. I have to -- I would be remiss if I didn't thank the City of Meridian for all their efforts in helping us maintain the access that we do have or restrict the access onto our state highways within the City of Meridian on both Eagle Road and Chinden Boulevard. De Weerd: Well, we did supply a letter to your board chairman of our support of your recommendations for funding and we did cc the govemor and our congressional delegation. So, we wish you luck on that and we will be there cheering you on. McClure: We need a little bit more than cheering, we need somebody up there hammering on the legislature. De Weerd: I'll dust off my knees. McClure: All right. Thank you, Mayor. De Weerd: Thank you. Paul Seidmeyer signed up for. Seidmeyer: Good evening, Madam Mayor and Members of the Council, my name is Paul Seidmeyer, live at 2680 South Loftus Way in Meridian. I have lived in Meridian for Meridian City Council December 12, 2006 Page 20 of 52 r~ L 15 years and Boise before that. I'm a member of Spurwing Country club and I'm on the board. I have belonged there for ten years and at the time my family and I joined Spurwing we still had children at home, but in talking with Jock and Charlene early on, we always knew there was a possibility of a project on that ground there and we look forward to purchasing one of those units. We are empty nesters over the last few years and we think it's a very good project. I'm not here in an official capacity for the Spurwing board, but my personal opinion is that this project would be very good for Spurwing, because of Jock°s intentions of making a membership of some capacity -- there are several different kinds of memberships, but there would be some linkage between the owner in this development and Spurwing, which would be nothing but helpful to the club. But, you know, we have all seen the quality of the work that Jock and Charlene have delivered so far and I think that the fact that this land has been in the Hewitt family since 1880 says to me that these are no Johnny come latelys, they have shown excellent stewardship over the resource and I would urge your approval of this project. De Weerd: Thank you. Brent Kelly signed up for. I'm sorry, sir, if you have testimony I will need it on the record. B.Kelly: My name is Brent Kelly. De Weerd: I'm sorry, you will also need to step up to the microphone. B.Kelly: My name is Brent Kelly, 6971 North Spurwing Way. De Weerd: Thank you. B.Kelly: And my wife has already spoken to you in regards to our joint belief and support in the project. I will answer Joe's question, though. I sat in the initial presentation when we discussed the number of units that was to be proposed and it was somewhere 50 and 55. So, initially, when we bought -- my point here is that we knew approximately how many that they were going to be and they are consistent with what's being proposed. De Weerd: Thank you, sir. Okay. Joe Olsen signed up for. Okay. Stephanie Stevenson. Stevenson. Signed up against. Stevenson: Hi, my name is Stephanie Stevenson. 3075 West Balata Court. I'm the last house on the end back there. And when we bought our home three years ago, I was told by our realtor and by Mr. Davis that there were going to be 35 to 40 condos, townhomes in that area, and it's not -- it's not the quality that I dispute, it's quantity. I have no doubt that it will be nice and classy, as is everything in our neighborhood, but I feel like it's too many. That's all I have to say. De Weerd: Thank you. Okay. Richard and Marie Crist. There is not an indication for or against or neutral. No comment. Thank you, sir. Andrea Nist signed up against. • Meridian City Council December 12, 2006 Page 21 of 52 Nist: Andrea Nist. 2932 West Balata Court. Good evening, Mayor and Councilmen. I'm here on behalf of a lot of the neighbors to discuss -- to save time, so some us I thought I would just talk. I'm here tonight to ask the City Council to please concur with the staff and the commissioners and deny this project as presented based on the following: First, Spurwing is a private 18 hole golf course and country club with approximately 70 single family homes on one acre lots. This plan as presented does not fit well within our neighborhood due to the lack of the transition density. By squeezing a 70 unit neighborhood within our neighborhood will negatively impact our property values. The stafFs report states, quote: The design of the development does not fit well into this established area. Second, Spurwing is not just a neighborhood of 70 homes. We are a country club with golf and swimming facilities. The golf club last year had 22,000 rounds of golf played, not including toumaments and charity events. Every Wednesday in the spring and summer there is a men's league that has over a hundred men playing. These men drive from work, all the cars are stacked up on -- I don't know if they can go back to the picture of the main Spurwing Way. On Spurwing Way from the comer of Penncross almost up to Balata there are cars stacked on Spurwing Way. The cars overFlow on Spurwing Way and Penncross every week posing safety concerns. This comer is also a designated bus stop for the elementary school where children come home about the start of the men's league. During toumaments the cars also back up onto Balata. This 70 unit development will add 150 to 200 cars, doubling the size of our neighborhood. This increase in traffic to a neighborhood that still only has one entrance and exit onto a very congested Chinden is a detriment to our neighborhood. We all bought a lifestyle, we did not buy a feeder road or 6,000 cars. Property owners purchased lots and both residences in good faith, based on the existing R-R zoning designation for Spurwing Country Club and the open space included in the subdivision. At the time the applicant told buyers and has maintained up until very recently that he planned to build approximately 30 patio homes on this property, with the extra acreage being devoted to open space. I respectfully ask the Council to also review the record of the Commissioners meeting from the numerous homeowners who were also told that there would only be around 30 of these patio homes. Patio Homes -- we looked up the definition. The definition of a patio home is a detached single family home with no common wall. It describes duplexes as two units having one shared common wall. The applicant promised patio homes, not duplexes. The applicant also stated at a previous meeting in our neighborhood that this neighborhood would be gated and would have no impact on our neighborhood and they would have their own entrance. It is also our understanding that neither of these aspects of the project will occur. It is generally perceived that a development is supposed to improve the land, but in this case with this much density, it will not improve this land. We were all told that there would be much open space saved. Thank you very much. De Weerd: Thank you. Amy Jorgensen signed up against. Okay. Thank you. Okay. Alexa -- Gillihan: Alexa Gillihan. Meridian City Council December 12, 2006 Page 22 of 52 `~ De Weerd: I didn't know if that was a G or an A or -- so, thank you for filling in the blank Gillihan: Yes. My name is Lexy Gillihan. I live at 2947 West Balata Court. My lot backs up to the high density area. De Weerd: There is a pointer on there if you wish. Gillihan: Is there a pointer? It is that lot right there. De Weerd: Okay. Thank you. Gillihan: Just a little history about me. I have lived in Idaho my whole life. I have moved four times, which is kind of unusual. When we were looking for a lot to raise our family and -- or a residential area, it took us two years and we looked everywhere. Eagle. Meridian. Everywhere. And this area looked best for my husband and I. I mean he could golf, I could raise my kids, and we talked to the developer and they said there is going to be 70 homes and that was it. I was concerned - we were looking at three different lots. One was on the rim. One was on the other side of Balata Court. And the previous lot that we have right now is one he's looking at. My concem was I did not want to be on the golf course dodging golf balls, so we chose the lot we have now and my concem was what was going behind us. So, at that time I asked Jock and Charlene -- I asked them what was going to go back there. They told me at that time nothing. They had nothing planned, nothing was going to go back there. They said possibly tennis courts. At that point I asked them for a master plan. They gave me one and I'd like to submit this. Which does not have roads that Becky said were on the original master plan. The other point that I'd like to make is on our website -- the Spurwing website it's quoted and it's still on there, if you go on our website it says: Be one of the original 70. Phase one and two and three are sold out. The fourth and final is now open and available for reservations. Of the 70 lots at Spurwing, 80 percent are sold and remaining premier will not -- or the -- yeah, the premier lots will not last. And I'd like to submit that, too. When we bought our lot there was -- when we were talking to Jock and Charlene, they were marketing Spurwing as open spaces. It's going to be unique. De Weerd: I'm sorry. If you could wrap up. Gillihan: Okay. Well, I have some quotes from Jock. The decision to seek permission to build a golf course came through the family's desire to retain the natural look of the land and minimize housing on it, Hewitt said. It just preserves things for time, Hewitt said. Number two. Hewitt says in building the course we want to preserve as much open space as possible. Of the 385 acres, 86 acres or 22 percent will go to the residential use and 299 acres or 78 percent for open space, which includes 230 acres of golf course, 69 acres of habitat and wetlands, lakes, meadows, streams, embellish the property. • Meridian City Council December 12, 2006 Page 23 of 52 De Weerd: I'm sorry. I will have to ask you to -- Gillihan: Well, I have some more and I'd like to submit that. De Weerd: Okay. Thank you. Gillihan: Thank you. De Weerd: Council, any questions? Okay. Nate Jorgensen signed up against. Jorgensen: Hi. My name is Nate Jorgensen. My address 2992 West Balata Court in the Spurwing Subdivision. Just to reference the documents that Lexy provided were from the Idaho Statesman detailing what was public record at that point on what was going to take place on the number of lots, which I think, again, is consistent with the 30 or so that other homeowners have described as a total amount, as opposed to the 70 or so that he proposed. Thank you. De Weerd: Thank you. Ed Duke signed up against. Okay. Thank you. Gerald Bailey signed up against. Thank you. Anna Mae Bailey. Against as well. Okay. Gary Ackre. Okay. Signed up as neutral. Paul Seidmeyer. Signed up for. I believe we have already heard from Paul. Jim Johnson signed up for. Okay. Claire -- thank you. Signed up against. As well as Bob. Okay. Morton Hardwood. Okay. Signed up for. Those are the people who have signed up. If there is anyone who would like to provide testimony please come forward. If you will, please, state your name and address. C.Hewitt: Thank you, Mayor and Councilmen. I'm Charlene Hewitt. I'm the sales manager. I sold the lots. And I'm -- my husband is the developer and I will swear on a stack of Bibles right here, strike me dead, that when I sold the lots originally -- now, Andrea Nist rebought hers from a realtor, not me. Any of the re-buys I can't swear on. But I always told them there was future development back there on that piece of ground and Ididn't -- could not say whether they would be one story, two story, or whatever or we are going to run cows back there, you know, which we could. And in this -- I would like to submit -- it says right there -- De Weerd: Ma'am, I do need you to speak into the microphone. Okay. C.Hewitt: It says right on that plat future development and when I talked to every one of them I told them there was future development back there, we are planning on some sort of something like patio homes -- I could not say how many, one story, two story, or whatever, but down the road we were going to have development back there. That's why all the lots on Balata Court that border up to that land we sold cheap. De Weerd: Okay. Council, any questions? Bird: I have none. Meridian City Council December 12, 2006 Page 24 of 52 Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree -- C.Hewitt: So, anybody who said that I said 30 to 35 lots, 50, 55 lots, are lying, because I did not. Because we didn't have even a plan for this. You know, we just knew we were going to do something, but we didn't have any number or whether it be two story, four story, 15 story, whatever. Thank you. De Weerd: Thank you. Councilman Rountree does have a question for you. C.Hewitt: Yes. Rountree: I have a document that was submitted as testimony. Attached to it I believe is your business card and it shows Spurwing master plan. I have no idea of a date, I don't have any idea if this was part of a package, but I -- C.Hewitt: That was part of a package. Rountree: -- guess I'm just asking you if you would verify that that, in fact, is a part of marketing documentation. C.Hewitt: This is -- and it's just for the lots that we had for sale at the time. I would also like to comment as far as the website goes, we have no control over the website. That is through the club. We are not connected with it. All we tell them is what lots are sold and what are not. What are available. And they do the website. Rountree: Thank you. We will need that back. Part of the additional submission was your website information and it does reflect what you have provided in terms of testimony, that that area would be future development, so -- De Weerd: Okay. Yes, sir. Moritson: My name is Rick Moritson. I live on 3028 West Balata Court. I submitted an e-mail also. I wasn't sure if I was going to make it tonight, but I'm going to, more or less, read what I submitted. I live on Balata, the street adjacent connected to the proposed patio home development that is to be discussed in tonight's meeting. I would like to state for the record that I believe the current proposal is too high of a density. Obviously, there was no guarantee, but when I was told -- what I was told when I purchased my lot prior to building that there would be in the neighborhood of 30 to 35 patio homes built on the acreage between Balata and Chinden. I would like to state from Charlene's commentary that I did hear from her that there would be building back there. I cannot tell you whether she told me a number or not. I did hear a number of 30, 35 from the person who built my home for me that purchased the lot from the Hewitts. I'd also like to state that in that Statesman article I think there was a quote in there from Jock quoting 19 patio homes. The current proposal will add too much traffic • Meridian City Council December 12, 2006 Page 25 of 52 entering and exiting at the head of my street and I feel it does not integrate very well with the one acre home sites currently within Spurwing. I'm also concerned that the proposed patio home development will have its own homeowners association and covenants. There is no guarantee that these covenants will all be held to the same high standards that the other homeowners of Spurwing abide. I'm okay with a patio home development, but it needs fio be more reasonable, 30 to 40 residents or families. A single duplex style home, which may only appear as one structure, I have no problem with, but it still counts as two residences or families when it comes to traffic and noise. Thank you. De Weerd: Thank you. Any other testimony? Yes, sir. Brown: My name is Byron Brown. I didn't get my name on the list, because I think it was snatched just before I got here. De Weerd: That's all right. You don't have to be on there to speak. Brown: Basically, I -- De Weerd: If you will, please, though -- Brown: Oh. Excuse me. Bryon Brown. 7019 North Penncross Way, Meridian, Idaho. Spurwing Subdivision. De Weerd: Thank you. Brown: Basically, I think you have heard all the arguments about density and traffic and all of those things and I think my final point is process. There is a process where all of these things are submitted, they went to the Planning and Zoning Commission, all the arguments were heard, staff had voted against it, the Commission voted against it, fair hearings have been held -- and even the Supreme Court says you don't get a perfect trial, you just need a fair one. Okay? So, basically, I think we have all had our say, the Commission's had its say, and I think the process has been carried out and I think that should be the end of it. Thank you. De Weerd: Thank you. Okay. Any further testimony before I ask the applicant for rebuttal remarks? Okay. If there is no further public testimony, would the applicant like to come forward. McKay: Becky McKay. Madam Mayor, Members of the Council, I'd like to state a few items and, then, I would like to turn the podium over to Mr. Hewitt, since a lot of the comments, obviously, stem from the purchase of the lots over ten years ago, which I was not involved in the original Spurwing development, so I cannot address those issues. De Weerd: Okay. You do have five minutes for your wrap up. Meridian City Council December 12, 2006 Page 26 of 52 McKay: Thank you. I guess what I would like the Council to focus on is the fact that this year you guys did a reanalysis and your staff of that north Meridian area, looking at designations, expanding that area to the Phyllis Canal. This particular piece of property was designated medium density residential. Now, if we look at some of the other projects that have been approved in this area, what we are requesting with the R-8 designation and the density, just a little over three, is not out of the ordinary. Irvine Subdivision just south right across the street was approved as an R-8 designation. You have Knight Sky Subdivision to the east, you guys gave them R-4, R-15, and C-C designations. The Tree Farm to the west, they were given different designations. They have higher density up toward Chinden. I mean we all know at some point in time Chinden will be five lanes. We need to, you know, look at the whole picture and look at this project. There have been comments about there should be no more than 30 units on this property. No more than 40. If we had 30 units on this property, that would be .68 dwelling units per acre. I mean it just doesn't -- I mean it doesn't make a lot of sense. There are certain thresholds economically that we look at. If you drop below that threshold, then, it doesn't -- it won't pencil out. We look at -- we look at these projects and we try to come up with what we believe is a density that is supported by the Comp Plan, that transportation capacity exists to support, which we have demonstrated that there is capacity out there, and that is consistent with the other projects that have been approved along this corridor. I think by dropping our density along that north boundary, I think we have demonstrated that we are trying to make an adjustment here to meet in the middle. We still have about eight units right here that are attached. Obviously, it's up to the Council. Maybe they feel that those units there, if you removed four of them, then, they would be identical to all the ones along that north boundary. We feel that this is a good project. It is consistent with what we see in other golf courses around the country. I have -- no golf course just has only acre lots. They all have varying densities, because you have this enormous amount of open space that supports different lifestyles and different lot sizes and the Comprehensive Plan supports that. Finally, your own staff in the staff report states: The proposed development is generally compatible with the existing single family residential properties to the north in that they are both residential. They are both residential. That is one thing we got to remember. Staff recommends that a minimum of 10,000 square feet be provided along the north boundary of this property to effectively transition to an urban density proposed -- urban densities proposed. We have enlarged all of those. There are 10, 11, 12, 13, with the exception of these. They could easily be made ten, if that would be the will of the Commission. Staff finds that the requested zoning designations contribute to the variety of residential zoning categories in this area and is generally consistent with the Comprehensive Plan designation for the site. Staff generally believes that the density proposed with this project is appropriate. Is appropriate. I mean even though the finding was for denial, I think we need to look at these other facts, because that Comprehensive Plan, that is guiding the growth. That is our guiding document. And I'll tum it over to Mr. Hewitt. Thank you. Hewitt: Madam Mayor, Members of the Council -- Meridian City Council December 12, 2006 Page 27 of 52 De Weerd: Mr. Hewitt, I'm sorry, your time is very short. Although your representative talked very fast, she still took a lot of time. Hewitt: I will try to be brief. De Weerd: Okay. Hewitt: My name is Jock Hewitt, I live at 7212 North Spurwing Way. I have been spoken for by everybody in the crowd tonight I feel like. You know, did I say all that? I want to preface my remarks by saying that I have been asked how many patio homes or what's going on there ever since we started this project in 1993, 1994. I have always said I really don't know and fialked about numbers, but I said it just depends on what the plan is. This is the first plan we have ever done for this property, detailed plan, and so until you do a plan like that, you really do not know, but everybody we sold a lot to, whether they lived in that general area or anywhere else, knew there were going to be patio homes in there. It's no surprise to anyone else. And so that -- those are my remarks. I think this is a great project. This property has been in our family since 1880 and we have taken very good care of it and this is a fine addition to Spurwing and a tremendous addition to the City of Meridian, which we have been a part of for all these years. Thank you. De Weerd: Thank you. Okay. Council, any information needed from staff or the applicant at this point? Okay. The public testimony has been concluded, so if you're ready to move on, I would entertain a motion to close the Public Hearing. Bird: Madam Mayor, I'm not. I got a question for Becky or -- De Weerd: Becky, Mr. Bird, has a question for you. Bird: To verify what she -- I thought I heard her say. Along the north there where you -- and we can't hardly see this new revised plan, because you could take some lot out and make those at least a minimum of 10,000. McKay: Madam Mayor, Councilman Bird, the lot lines are kind light. I do apologize. All along here these are 11, 12, and, then, here these are 10,000 square feet all along here. What you're looking at here is an example of a structure and, then, this is an example of the two units attached. I have eight -- there are eight lots here, four buildings that are attached. If I eliminate the lot line in between those, eliminate four units, then, these would be -- meet that 10,000. Bird: And, Becky, as you have known on some of your other projects, we have always tried when we backed up to a larger lot, we have always tried to get somewhat close. We know we are not going to get the 44,000 acres -- or feet that they have in their one acre lots, but, you know, 10,000 isn't even a quarter of that, but it is -- you know, it's much better than having four or five of them next to an acre lot. You answered my question. Thank you. Meridian City Council December 12, 2006 Page 28 of 52 • McKay: Madam Mayor, Councilman Bird, we did feel that with that landscaping and the masonry wall that we were adding additional buffering, which we typically don't see when we are just sticking straight lots up there, so we are trying to kind of almost double up on creating that separation and that buffer. Thank you. Rountree: Madam Mayor, I have a question. De Weerd: Yes, Mr. Rountree. Rountree: Mrs. McKay, would there be an objection for consideration of a duel zoning, as oppose to all R-8? Most of your larger lots are R-4. McKay: Yes, sir. Rountree: That alleviates some issue of if, in fact, this were to change hands in total that, then, you would, then, have another round of -- well, it's R-8, therefore, you could put eight lots per acre, so I'm just asking is that something that would be acceptable? McKay: Madam Mayor, Councilman Rountree, the Council has done that on some of my other projects. I believe Cardigan Bay was one of them, where we adjoined acre lots and I believe that as a compromise to insure that these lots would remain that adjoined the larger lots bigger, you had us write a legal description that encompassed that area as R-4 and, then, this was -- would be the R-8 -- this would be the R-8 area here where we have the attached. So, we could separate the product via zoning if that would make the Council more comfortable. It's not problematic and we could meet those standards, yes. Rountree: Thank you. De Weerd: Any other questions from Council? Okay. Okay. Council, any further information needed? Rountree: Madam Mayor, I don't have any at this point in time, but I suspect as we start discussing this we might, so I don't know what the Council's preference is, whether we close or we discuss and if we can see where we are going and, then, close, as opposed to close, reopen, close, reopen, that sort of thing. De Weerd: Mr. Rountree, I think discussion at this point is appropriate. Rountree: Madam Mayor? De Weerd: Yes. Rountree: My discussion initially is going to be along the lines of process. One individual, Mr. Brown, talked about process and for clarification for the audience, Meridian City Council December 12, 2006 Page 29 of 52 Planning and Zoning and staff are recommending bodies. City Council makes the final decision. So, the process is not over, in spite of the fact that there has already been one Public Hearing, it is a two hearing process, and potentially more, so as that comment, I have a question for Mr. Nary. We have before us a plan that is somewhat different than what was presented to staff originally and different than Planning and Zoning saw. It seems to me that the plan -- the new plan was a plan to address some of the issues that we have had before us in the past in terms transition. Just had the comment that we potentially could up zone or down zone, however you want to look at it, and have multiple zones within one particular annexation, so from a process standpoint can we make a final decision at this point without submitting it back through Planning and Zoning -- and I ask that knowing that in some instances when we have seen this sort of -- in most instances when we see this sort of change, which is a positive change from what was presented previously, we have taken action. I guess I just need some comfort there in terms of your perspective of does this constitute a significant change. Nary: Madam Mayor, Members of the Council, Councilmember Rountree -- and it is within your -- the Council's discretion as to how significant the change is. Here you have had a plat change, you are looking at a zone change -- again, it's not automatically required. The staff analysis has all been geared around a recommend of denial. They did ask for findings at the Planning and Zoning Commission level at one stage of conditions for approval based on a different proposal. Ultimately that was still denied. So, I don't think staff has done any analysis over the changes that are being requested or the zone change that's being considered. So, you might want to ask Mrs. Canning, but there is certainly a lot of information that's been developed to this point that might make the Council lean towards a remand and a revisit in front of the Planning and Zoning Commission. I don't know if Mrs. Canning has a different perspective. Canning: Madam Mayor, Members of the Council, Councilmember Rountree, we can develop those conditions of approval for your consideration without it going back to the Planning and Zoning Commission, but I would like to point out that those other projects where you have made what would seem to be a significant change, those all came forward with a recommendation for approval from the Planning and Zoning Commission, not denial. So, this is a little different in that aspect that we haven't had an application come forward with a recommendation for denial in some time. It would seem appropriate to me to go back to the Planning and Zoning Commission in this instance, to let them review the revised plan given that past recommendation. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: I could make a different point in regards to process, because it hasn't been discussed greatly and if there is certainly other concerns that Council has about that, the hearing is still open. You can address it -- on that map it's not shown very clearly, but the connection point to the city is a service road that's a private drive. If it was a Meridian City Council • December 12, 2006 Page 30 of 52 public road this wouldn't -- we wouldn't be allowed to annex this property in this fashion, because the state law prohibits us using a roadway as the connection point. Because it's a private road it would be allowed, but the only connection to the city is that small sliver that goes from the western boundary of the property to Chinden. So, the entire parcel that we are looking to annex is an enclave in sort of the reverse sense and this Council in the past has been very reluctant to use this process to annex parcels in this manner. So, since you were discussing process, I don't know if all you have thought of that or considered that, but if -- again, if -- it is allowed, it is legal to do it this way. It wouldn't be if that road was public, but it is a very small connection to the city and we haven't annexed other properties in this fashion before. De Weerd: Anna, I guess that just raised -- I don't know. I think I get sometimer's disease and I don't know if I dream things or they really happen, but did we not discuss the annexation on this and was discussion about annexing some of the holes along the fairway and was that during the Comprehensive Plan testimony? I guess I just remember discussions about that and maybe I should be asking Mr. Hewitt that. Canning: No, ma'am, you asked the right person. Madam Mayor, Members of the Council, I did come to you -- I did not speak about the development proposal at all. The only question I had for you, because I didn't want the applicant to invest several months into aprocess -- I did ask you for -- I asked Mr. Nary for legal advice on whether it was a shoe string annexation and allowed at all. There was -- he informed me it was okay, but I asked Council would you be in favor of an annexation path that had this form. Your answer was -- well, I believe two of the Council members answered that that did not seem to be enough of an annexation path. I relayed that information back to the applicant, they went forward with the application without adding a golf course lot to it, but I did ask you that question without raising any of the development proposal itself, I just asked a question of the shape and form of the annexation. De Weerd: Thank you for keeping my sanity intact. Canning: It wasn't a bad dream or a dream. De Weerd: So, Council, do you have questions for the applicant, further information needed from staff? Rountree: Madam Mayor, I can make a comment now or make a comment later, it doesn't matter to me the status of the hearing. De Weerd: Okay. Rountree: Given what I see with the -- with the new submission, it seems consistent with what we have done with this issue of density and adjacent rural or estate size lots, typically we are dealing with lots that are two to ten acres and normally are around three to five acres when we run into this situation and we have required larger lots adjacent to those in terms of transition that are consistent with an R-4 lot and typically we get the • • Meridian City Council December 12, 2006 Page 31 of 52 response that's like this where it's in excess of the now 6,000 square feet, but I'm dated by thinking that it used to 8,000 square feet, but they are typically 10,000 feet to 17,000 square feet that are adjacent to the ranchettes and the larger lot subdivisions that are in Ada County. So, in that regard I see that the proposal here is responsive to that -- the new proposal is. I don't necessarily see and I can't speak for the Planning and Zoning and staff, that that was necessarily the case when they had the initial information on this particular project. So, that's my observation on the newness here. As far as the annexation question, I don't know what the status of that particular hole of golf is that borders Chinden, but if it's identified as a lot, it could be annexed in with this particular request and there would be no question as to whether it's appropriate or not, beings that most of the property across the street is within the city limits of the City of Meridian. Canning: Madam Mayor, Members of the Council, the golf course is on platted lots. It's part of the original Spurwing plat. Rountree: And that results in a question for the applicant. Is that something that they would consider? I see some heads shaking, but we like it on the record. De Weerd: Okay. We do need it on the record and so if you would, please, state your name. Hewitt: My name is Jock Hewitt. I reside at 7212 North Spurwing Way. And I would say, yes, that's something we would definitely consider. Rountree: Thank you. Madam Mayor, I don't have anymore to say about either clarification or confusing this particular matter. I don't think I can create anymore questions in my mind, so -- De Weerd: Mr. Wardle. Wardle: Madam Mayor, I'll see if I can help Councilman Rountree create some more questions. I will agree with Councilman Rountree's initial assessment and some of the negotiation that's gone on and agree with a split zoning on the property may provide some protection for buffering of density to the neighboring lots. The one issue that I have had and clearly remember the meeting where the annexation path was discussed, is the issue of secondary access and, really, the annexation path that provides some problems for me, initially provided some problems for the fire department as we heard testimony from the applicant on. It would seem that -- that that is the only path of annexation and the only available -- at anytime in the future for these lots, whatever they may be, to have a secondary emergency access, that that would be problematic. It seems more likely -- and Councilman Rountree has, I believe, alluded to what appears to be hole number two where I have lost of number of golf balls into this particular development application. They are probably still there. But it would seem more likely that a -- and the applicant has submitted that, that it would be more likely and it would make me feel more comfortable with the overall development path and scope. Meridian City Council December 12, 2006 Page 32 of 52 Gorton: Madam Mayor? De Weerd: Mr. Borton. Borton: I don't really have any questions. I can let you know where my thoughts are on this. The annexation path doesn't, in and of itself, create any particular problem for me anymore than including a hole or two to create a more contiguous annexation path. I don't know if that really solves anything, other than it provides additional green space as part of the city limits. You still have the same fire access concems. It's a project and annexation that I support. I empathize with the concems of neighboring residents I guess in support and in opposition when you look back over ten years and I think Mr. Hewitt made reference to various conversations and remarks that mayor may not have been said and promises -- if there is anything that's certain from sitting up here on Council is that individuals that move into particular areas and are, then, trying to forecast what's going to take place on adjacent properties, are never going to be one hundred percent right and never going to be told anything by the developer, if anyone, anything of any certainty, because they don't control a lot of those factors. I see the concems of density, you know, 35 versus 70, that's a vast difference. I don't disagree with the comments of Mrs. McKay. I do see this as a beneficial mix of housing product in this particular area. I would ask the applicant -- and I appreciate Mrs. McKay's comments with regards to increasing the lot sizes throughout the northern boundary to 10,000 square feet or up. I know we made that request before in other areas and I think that transition is important. I appreciate that being provided. And with regard -- for what it's worth, with regards to any remarks at least for this Councilman regarding what was said or wasn't said by developers or realtors, making any particular reference to quotes placed within the Idaho Statesman is not particularly persuasive. With all due respect to the Idaho Statesman. I have been here long enough to be sensitive of that. So, I empathize with anyone who was quoted or misquoted in that particular journal. And I think Councilman Rountree's remarks with regards the split zoning on this -- it just provides some additional protection should there be any change in ownership. I think that's appropriate. I doesn't sound like it's going to be a problem for the applicant to comply with, so all in all it's a project that I support. De Weerd: Thank you. Any other comments? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I can support it if we get all this -- I do have a problem with the annexation going up the street and it has been done in Meridian. In 1976 they went down 30 feet of East -- or West Pine so they could have a councilman on the Council, but I didn't like it then and I don't like it now. Mrs. McKay's remarks about making her lots bigger back there, I believe would be sufficient for that. I, for one, would like to see the -- and I don't know whether Spurwing would have to do it or the Hewitt family still owns old number two if it's a separate lot of its own -- I'd like to see that at least brought in with the annexation. Meridian City Council • December 12, 2006 Page 33 of 52 But in the same token we have made so many changes I don't know if we should -- and I'll leave this up to Anna or Mr. Nary whether we need to bring it back through or not. We are making -- throwing some changes out here that are pretty drastic. De Weerd: Mrs. Canning, would you like to address that? Canning: Madam Mayor, Members of the Council, you have a planning commission to make recommendations for you and work things out. Sometimes they workout, sometimes it's up to you, you want to work more things. When the Planning and Zoning Commission has recommended approval of a project and you want to rework it -- I have always been supportive of the Council just not remanding it back. But in this case I think it's only fair to those folks that sit on the Planning and Zoning Commission, that devote a lot of their free time, to that task, that they have the opportunity to see this revised plat and to make a recommendation on that to you. Bird: Madam Mayor? De Weerd: Okay. Yes, Mr. Bird. Bird: You know, it's not only a revised preliminary plat, we are talking about split zoning and we are talking about more area of annexation. Canning: Yeah. And, actually, if they expand the application area, as has been requested, they may need to actually re-notice. I didn't think about that. But I would think you would need to re-notice. Bird: Well, I don't want to do that. Canning: You will have to one way or another. You cannot -- yes. De Weerd: Okay. Mr. Nary, do you have anything to add? Nary: Madam Mayor, Members of the Council, I mean I was going to bring up the issue of notice and the number of people that have testified in this and those are fairly significant changes that you're discussing as a possibility of taking one hole out of an 18 hole golf course and annexing the hole. I think you want the staff analysis. I think you - - Ithink you would be wiser to have the staffs analysis, as well as the applicant's opportunity to make sure it fits for them. Right now it's real easy to want to commit to that, but they still have to make that analysis that it makes sense from them as a business standpoint to annex one hole out of their golf course, as well as getting -- make sure all the appropriate parties and all the surrounding area has an opportunity and, then, to have that fully discussed at the Planning and Zoning Commission would bring back to this Council a better recommendation based on all those changes. De Weerd: Okay. Would the applicant like to make comments? Becky or Mr. Hewitt. • Meridian City Council December 12, 2006 Page 34 of 52 Hewitt: My name is Jock Hewitt. I reside 7212 North Spurwing Way. This lot in question where we are planning to do the patio homes -- the entire project was planned by Chris Corty and when the golf course was originally designed and laid out, Chris -- the only practical way we had of attaching this lot to Chinden was to do that little portion there. And so that's the way it was originally platted. I mean it's not something that was ever changed recently to accommodate this project. That's the way it was from the get go. And it is legal. Mr. Nary -- your counsel has said it. So, I mean it's legal to go ahead and annex it just the way it is. There is just no practical other way to do it. If you want to annex a second hole into the city to make yourself feel more comfortable, I mean I don't have total control over that, because that's part of the golf course and it's leased to Spurwing Country Club. And so that's a little bit of a kettle of fish. But you can -- that lot has been that way ever since the original plat was approved. It was that way from day one and it was Chris Corty's foresight that it was set up that way. And it is -- your counsel has said it, it's legal to go ahead and annex it on that basis, so -- De Weerd: Okay. I guess my question more was towards the remand back to Planning and Zoning and that you would have some of those discussion points and be able to weigh the pros and cons of the recommendation from Council in the remand back to Planning and Zoning. Hewitt: Well, I don't know. I really want to keep the ball rolling on this thing. You know, originally Planning and Zoning's first recommendation was approval on this project. That was their original recommendation. Wasn't it? Well, that's what I thought the motion was. I stand corrected then. But, you know, I -- you know, I would prefer that we move ahead. That would be my consideration. If it does get remanded back and they say, well, we have got to have a second hole or something like that, I would work to see if I could help out in that process, but it just doesn't seem to me that it's necessary. Bird: Madam Mayor? De Weerd: Okay. Thank you. Mr. Bird. Bird: Mr. Hewitt, I take it, then, that you don't have control over annexation of hole number two, that would have to be -- the applicant would have to be the Spurwing Country Club? Hewitt: Well, Spurwing Country Club leases the property from us and they have a long- term lease and so if that hole is annexed into the City of Meridian, because of the potential changes in real estate taxes and things like that, might have an adverse impact on their operation. Bird: Thank you. De Weerd: Okay. Okay. Council, I would look for your direction on this item. • Meridian City Council December 12, 2006 Page 35 of 52 Bird: Madam Mayor, this is one Councilman that I can go -- I have no problem voting on it tonight. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I have heard from both legal staff and planning staff that the changes are significant. I think we have a consensus in regard to where we would like to see the project go. My question for either Anna or Mr. Nary is can -- and I feel this needs to be remanded. If we remand it can we do so with specific direction or do we just remand the entire project and ask them to read the minutes of this meeting? Canning: Madam Mayor, Members of the Council, Councilmember Wardle, you have remanded with specific direction in the past. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: And, additionally, the Commission still has the independent ability to make a recommendation consistent or inconsistent with that, as well as other recommendations. But, certainly, if you want them to address a specific point or you want them to at least make sure that their recommendation includes a specific point back to you, that's certainly within your prerogative. De Weerd: Okay. Thank you, Mr. Nary. Rountree: Mr. Mayor? De Weerd: Mr. Rountree. Rountree: To move this along, I would move that we close the Public Hearing on Items 10, 11, and 12. Bird: Second. De Weerd: Okay. I have a motion and a second to close the public hearings on Items 10 through 12. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council December 12, 2006 Page 36 of 52 Rountree: I move that we approve the request for annexation, Item No. 10, AZ 06-043, with the following conditions: That there be a split zoning of R-4 for the larger lots as identified in the revised plat and that the lots on the northwest comer that are identified as townhome or patio home lots on the north side, be also expanded to a minimum of 10,000 square feet -- that would be northeast. Yes. And the secondary access be provided as identified by the applicant with gates at both -- on the Chinden side, as well as the subdivision side. Or methods agreeable to the police and fire department. Borton: I will second. De Weerd: Okay. I have a motion and a second to approve the annexation -- Canning: Madam Mayor? De Weerd: -- requested with changes? Yes, Anna. Canning: Madam Mayor, I assume that the maker of the motion meant to reference that those would be conditions in a DA, not conditions of the annexation. Rountree: They would be conditions of the development agreement, but conditions for my vote to approve annexation. Canning: Okay. I just wanted to clarify that we needed a development agreement. That was all. Rountree: Yes. Canning: Thank you. De Weerd: And second agrees? Borton: Second agrees. De Weerd: Okay. We have -- Borton: Madam Mayor? De Weerd: Yes. Discussion. Borton: Anna, you had mentioned earlier that should there be an approval that you suggest a continuance to prepare conditions of approval? Canning: Yes, sir. The annexation it wouldn't be necessary, because there are no conditions on an annexation. But for any of the other applications you have before you tonight, you have no findings for approval, nor any conditions of approval. • Meridian City Council December 12, 2006 Page 37 of 52 De Weerd: Okay. Any further discussion from Council? Okay. Mr. Berg. Wardle: With reluctance to the specific annexation path and the precedent that this may set in the future, I will vote aye. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Thank you. Item 11. Rountree: Madam Mayor, I move that we approve the preliminary plat PP 06-045 with my previously stated comments as part of the development agreement. De Weerd: Okay. Do I have a second for discussion? Bird: I'll second and, then, I got a question. De Weerd: Okay. Bird: On the preliminary plat I need to know -- we need a date on it, because what we have seen up here wasn't one that we are passing on or that I'm voting on. Canning: Sir, you have no -- sirs and Madam Mayor, you have no conditions of approval. You have no ACRD conditions, no standard conditions. You have nothing to approve on the preliminary plat tonight, so -- Rountree: Given that, I would amend my motion to -- we will let those folks who yet have not seen the proposed changed plat know the Council's position of endorsing it. Bird: Second would agree. Rountree: That further complicates it. De Weerd: Just a point of order. Mr. Nary, would this not be more appropriate to continue to collect the appropriate feedback and bring that back at a further -- a later date? Rountree: Madam Mayor, Iwould -- Nary: You're absolutely right. Rountree: -- withdraw my motion. De Weerd: Okay. The motion has been withdrawn. Okay. Do I have a new motion to continue Items 11 and 12 -- although, staff, what would be the appropriate time frame? • Meridian City Council December 12, 2006 Page 38 of 52 Canning: Madam Mayor, Members of the Council, we could have it -- is there one the 26th? We -- no. So, we are -- De Weerd: January 3rd -- or January 2nd. Rountree: January 2nd is -- January 9th. De Weerd: ~nuary 9th. Canning: wary 9th. And, Madam Mayor, Members of the Council, Commissioner Zaremba c ;orrectly note that you have already closed the Public Hearing, so you will need to rei n the Public Hearing on those two items in order to continue it. De Weerd: order to collect comments. Canning: ~. And you do have findings for -- I mispoke earlier. You do have -- staff did make sings for approval for the variance and there are no conditions to the variance. Auld still prefer to have you pull -- continue that one as well, just so we can get a clear cord for you all for next week on those two items. De Weerd; lank you, Anna. Rountree: adam Mayor, I move that we reopen the public hearings for Item 11 and 12. Gorton: Se nd. De Weerd >kay. Motion and a second to open the public hearings on Items 11 and 12. All tho in favor say aye. All ayes. Motion carries. MOTION ( CRIED: ALL AYES. Rountree: ildam Mayor, I move that we continue the public hearings for Items 11 and 12 to recei additional input from the review agencies for preliminary plat and variance. Wardle: S end. De Weerd; o I have a date? Rountree: d that's July 9th, 2007. De Weerd; o you want January? Rountree: s. July is probably better. January. • • Meridian City Council December 12, 2006 Page 39 of 52 Wardle: Second agrees. De Weerd: You were agreeing to January 9th; right? Wardle: Second agrees. De Weerd: Thank you. Okay. I do have a motion and a second to continue Items 11 and 12 to January 9th, 2007. All those in favor say aye. All ayes. Motion carves. MOTION CARRIED: ALL AYES. De Weerd: I will go ahead and call a five minute recess. (Recess.) Item 13: Public Hearing: AZ 06-050 Request for Annexation and Zoning of 4.64 acres from RR to an R-8 zone for Tree Farm Addition by Treehaven, LLC - 6745 North Black Cat Road: Item 14: Public Hearing: MI 06-010 Request for a Miscellaneous application to modify the existing Development Agreement to include the property located at 6745 North Black Cat Road for The Tree Farm by Treehaven, LLC - 6745 North Black Cat Road: De Weerd: Okay. We will go ahead and call this meeting back to order. We are on Items 13 and 14, public hearings on AZ 06-050 and MI 06-010. I will open these two public hearings with staff comments. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I need to we recuse myself from Items 13 and 14. De Weerd: Okay. We will let you know when Council has made a decision. Thank you. Okay. Anna. Canning: Madam Mayor, Members of the Council, this is the Tree Farm Addition project. It's located on the west side of North Black Cat Road, approximately a quarter of a mile north of the Chinden Boulevard. So, the out-parcel circled in red is the proposed project. They are asking for annexation and zoning of 4.64 acres and a modification to the development for Tree Farm. This property was at one time actually part of the Tree Farm annexation submittal to the city. However, the previous owners, the Rabehl, rescinded their affidavit of legal interest consenting to have the application as part of the property, so we re-noticed it without the Rabehl property within it. However, the Tree Farm property -- the concept plan always included this property. It :] Meridian City Council December 12, 2006 Page 40 of 52 was always considered as part of the concept plan. And I actually have that concept plan for you. You can see the Rabehl property kind of noted on that concept plan. It was designated in that concept plan for lifestyle housing, which is townhomes, assisted living, paired housing, and clustered courtyard housing. The applicant is not proposing to change this designation from the original submittal and the proposed zoning request is also consistent with the approved concept plan for Tree Farm. The applicant is not proposing any new land uses, development, or subdivision at this time, only annexation and inclusion of the subject 4.64 acres into the master plan for the Tree Farm project. The development agreement modification is necessary to incorporate the property into the existing DA, along with a note that the conditions and terms of the existing DA shall apply to the subject property. We don't have elevations, but the Commission did hear this item on November 16th, 2006, and they did recommend approval. Derick O'Neill from Tree Haven, LLC, spoke in favor of the application. No one spoke in opposition or commented. There were no key issues of discussion by the Commission. There were no changes to staffs initial recommendation. To our knowledge there are no outstanding issues before City Council and we have not received any additional written testimony after the staff report was generated for you. Or prepared. With that I'll answer any questions. De Weerd: Okay. Council, any questions? Okay. Thank you, Anna. Is the applicant here? If you will, please, state your name and address for the record. O'Neill: Derick O'Neill. 2242 East Riverwalk Way, Boise, Idaho. De Weerd: Thank you. O'Neill: Madam Mayor, Members of the Council, I have reviewed the staff report and I'm proud to say that, hopefully, this can go quick. I don't have any comments, other than supporting their staff report. This is a clean-up issue for us and we are just taking care of it. So, we are happy with the staff report and the conditions associated. De Weerd: Okay. Thank you. Any questions for the applicant? Bird: I have none. Rountree: I have none. That's too easy. De Weerd: Okay. Thank you. Okay. This is a Public Hearing. Is there anyone who would like to testify on this application? Okay. I guess I don't have to ask the applicant if you have conclusion remarks. Okay. Wardle: Madam Mayor? De Weerd: Mr. Wardle. • • Meridian City Council December 12, 2006 Page 41 of 52 Wardle: Seeing no additional testimony, I move we close the Public Hearing on Items 13 and 14. Bird: Second. De Weerd: Okay. We 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 carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we approve Item 13, AZ 06-050. Bird: Second. Wardle: Okay. I have a motion and a second to approve Item 13. Is there any discussion? Hearing none, Mr. Berg? Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. Item 14. Wardle: Madam Mayor? De Weerd: Mr. Wardle: Wardle: I move we approve Item 14, MI 06-010. Bird: Second. De Weerd: Okay. I have a motion to approve Item 14. If there is no discussion, Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: I think Mr. Gorton has taken a whole bunch of work. He really thought that you would be awhile. Okay. I will -- Canning: Madam Mayor? Meridian City Council December 12, 2006 Page 42 of 52 De Weerd: Yes. Canning: While we wait for Mr. Borton to come back, on the project -- that annexation and zoning request that was approved for Spurwing Patio Homes, does the Council mind if we provide those findings along with the findings for the preliminary plat? Can we hold off on those and present them all together? De Weerd: Council, on the -- Rountree: Yes. Bird: Yes. Canning: Thank you. Item 15: Public Hearing: AZ 06-049 Request for Annexation and Zoning of 13.25 acres from RUT to an R-8 zone for Larkspur South Subdivision by Greenspur Investments, LLC - 230 & 240 Edmonds Court: Item 16: Public Hearing: PP 06-051 Request for Preliminary Plat approval of 67 single-family residential lots and 7 common lots on 12.81 acres in a proposed R-8 zone for Larkspur South Subdivision by Greenspur Investments, LLC - 230 & 240 Edmonds Court: De Weerd: Okay. Items 15 and 16 are public hearings on AZ 06-049 and PP 06-051. I will open these two public hearings with staff comments. Canning: Madam Mayor, Members of the Council, this is the Larkspur South project. It is located on the east side Meridian Road approximately a third of a mile north of Victory Road on Lots 4 and -- excuse me -- five and six of Edmonds Subdivision. These two lots here. You have Edmonds going out to Meridian Road and you also have Roslyn coming out to Meridian Road. There is connections between Larkspur to the north and the project whose name escapes me right now down to the south and, then, it goes through Observation Point. The requests before you tonight are for annexation and zoning and preliminary plat. The gross residential density is 5.23 dwelling units per acre. The subdivision will provide a large central common area with gazebos, parkways, and a mix of lot sizes. That's the -- it also has a mix of lot sizes from approximately 4,000 square feet for the attached units to 34,650 square feet for some of the existing homes on the property, particularly this one large home. Let's see if I have a better one. That's a little better. There will be .72 acres; approximately 5.7 percent of the site will be in usable open space. A lot of that is on a tiled irrigation facility. I do want to point out a couple unusual things that the applicant was -- I have to confess, I -- Ron will tell you that I kicked this one out of the office four times before he came up with a design that I was willing to accept and I kept on challenging him to do better. He's done a lot with the existing home sites and has taken some time to really work on this. I L~ Meridian City Council December 12, 2006 Page 43 of 52 • understand Council may still have concerns with it, but one of the trickiest development areas was this little comer here. The irrigation district was not keen on having another street access that area, so what the applicant has done is develop a -- kind of a duel system of common drives that connect, so that you have kind of an L-shaped common drive that provides access to six homes, basically. It still meets the standards. He didn't need to apply for a variance, because you don't have more than four on the common drives, it's just they are two connected common drives. It does appear to work from the standpoint of the city code and meeting ACHD needs as well. I wanted to point that issue out. The other issue that is of concern, but just to give you some background is I did point out Edmonds here. The code -- our code currently says if one of these properties were to come in -- or both of those properties were to come in, they would actually have to ask for Edmonds to stay as an approach to Meridian Road, because it is a state facility. Because these are at the rear of the property, they are not required to seek a variance for the Edmonds location. However, it was a topic of discussion amongst staff at ACRD and within the planning staff and that relates to an outstanding issue as we get to the end, so I will -- that was the background I wanted to give you and now I'll move forward. We do have some elevations from the applicant. These are the attached units. These are the -- these are Larkspur going just north of here, so this is a continuation of this project. There are a variety of styles. They all do have this -- the dual garages. The Commission did hear this item on November 16th and recommended approval. Ron Sargent spoke in favor of application. Charles Binder commented. The key -- there were no key issues of discussion by the Commission. The Commission did make some changes, though, to stafFs initial recommendation. They added the following conditions: The majority of lots adjacent to Meridian Greens Subdivision --that would be along the eastern boundary -- shall be 6,500 feet with no lot being less than 6,200 square feet. The homes adjacent to Meridian Greens Subdivision No. 3 shall be constructed with 40 year architectural shingles on the roof. All lots adjacent to Meridian Greens Subdivision No. 3 shall be subject to a 25-foot rear setback and a ten foot landscape buffer shall be installed along the east boundary of the proposed Larkspur South Subdivision. If the first three of those items sound familiar, it was the conditions that you placed on the Larkspur second phase just to the north of here. With regard to outstanding issues before City Council, there is some question with that Edmonds access to the state facility. This project will have -- eventually have access to the north through Larkspur and to the south and, then, going out towards Victory Road. So, there are two points of access for this property. ACHD has said they will support the city if they want to put bollards on that street. They don't stay this very often, but there is a condition of approval in there that says comply with the City of Meridian, ITD, and fire department's requirement for a potential installation of removable bollards at the driveway intersection on Edmonds Court from Lots 2 through 7, Block 9, as well as along the southern edge of the intersection of Marlin Way and Edmonds Court, approximately at the northern edge of the existing cul-de-sac, thereby restricting access out to Meridian Road. So, ACHD has said that they will support having bollards at this location and at this location. Those could be removed if the access -- if Edmonds Street goes away as an approach to the state facility, those bollards would be opened up and all the traffic would just move -- they wouldn't be necessary anymore, because the access would be closed to Meridian. It is possible for all these homes to travel north L~ Meridian City Council December 12, 2006 Page 44 of 52 or south to get out of the subdivision. The bollards would have the benefit of restricting -- reducing the number of access points currently through the -- the intensity of this is the traffic access point to Meridian Road and also in the future when somebody says my realtor said that this was always going to be open to Meridian Road, I mean if there is a physical impediment to them moving that way, then, they truly understand that that is something that we are serious about and that will probably go away in the future, so -- we raise that as an outstanding issue. I apologize it didn't get that addressed in the staff report. When staff went to the Planning and Zoning Commission they had a draft recommendation from ACHD. When the final ones came back this item was included in there, but it didn't get integrated very well into the staff report. But it is something we discussed with the applicant. He was aware that it might be an issue for some time now. Rountree: Madam Mayor, I have a question about that explanation. Will you point out again where they are contemplating bollarding either access points or roadways? Canning: The access point -- the bollards would be there and there. So, it would allow this existing home to still use its access to Edmond's Court and Meridian Road. Rountree: Comment on that. It seems confusing to me that you make great efforts to have a long driveway to serve, what, six lots or whatever there and, then, bollard one end. Could it not be accomplished with maybe a bulb out on that one end and it doesn't penetrate to the access point to Meridian Road and not require bollarding or is that too long a -- Canning: It would require a variance from our standards. I'm not sure the fire department would be amenable to it, because they wouldn't have a tum around. And we did look at -- we did look at -- unfortunately, there is a driveway access to this property to the south right here, so you can't bollard it off up here. That would have been preferable, then, there is just one set of bollards, but -- Rountree: Follow up on that, Madam Mayor, if I may. Would that be an installation in that particular location that would come at a later date or would that be part of the initial development? Canning: The bollards, sir? Rountree: On that L-shaped driveway. Canning: We could condition it with this application. Rountree: Okay. Thank you. De Weerd: Okay. Anything further for staff at this time? Bird: I have none. Meridian City Council December 12, 2006 Page 45 of 52 De Weerd: Okay. Would the applicant like to come forward. Sargent: Ron Sargent. 1883 North Wildwood Street in Boise. Madam Mayor, Council Members, let me just maybe start out by saying that we had a number of neighborhood meetings with Meridian Greens homeowners association, as well as individual homeowners that were located here on the east side of the property, if I can get this to work. Along this area. And as staff pointed out, we agreed with the same terms as what we did in Larkspur No. 2, which was the minimum lot size of at least 5,500 square feet on the east side up against Meridian Greens, the 25-foot rear yard setback. We did the ten foot wide buffer -- landscape buffer. And we also agreed to the 40 year architectural singles on the roof. And so that was -- we were able to work that out with the homeowners along the east side. With this driveway here on the west side, one thing I would point out is we did have a couple meetings with the fire department and, typically, a common driveway minimum size is 20 feet. We widened it -- I'm trying to remember whether it was 22 feet or 24 feet. I think it's 24 feet. And with the fire code, that allows two way traffic. The other thing that we did is we added a number of parking spots along this location, because even though we put up no parking signs, we are concerned that people would park along that street and block potential emergency vehicles that may be coming through there. The other thing is that the length of a common driveway is 150 feet and the way that we were interpreting this is that this distance here is about 260, so by saying one common driveway from the north and one common driveway from the south, we stay within the ordinance of 150 feet for the common driveway and it serves six lots on this side over here. In regard to the bollards and the access to Meridian Road, I guess we are not exactly sure -- nobody is sure exactly how those lots along Meridian Road are going to be developed. We think more than likely that they will probably be some sort of commercial application and I'd just like to point out that there is an existing home approximately in this location here, with their driveway as bought in this location. This is the Kinsey Lateral, which is a fairly large size irrigation ditch and their property also includes this parcel of land here. So, they use Edmonds Court as access to get to that parcel of land that's on the east side of the canal. So, when we originally talk about putting bollards in this location, it would block off their ability to get to that parcel of land. One recommendation that -- I guess we would suggest is that we have put in the CC&Rs or some other appropriate documentation that we have our buyer sign that they will know that if these properties -- or when these properties are developed along Meridian Road that access to Meridian Road may be discontinued and that Edmonds Court could be blocked off, because I think that's the uncertainty of not trying -- of trying to anticipate what is actually going to develop along Meridian Road is what's causing I think a little bit of an uncertainty on what we should do at this point in time. With that I will stand for any questions. De Weerd: Council, any questions? Bird: I have none. Thank you. Rountree: I have none. Meridian City Council December 12, 2006 Page 46 of 52 De Weerd: Thank you. Canning: Madam Mayor, I would like to comment that the Comprehensive Plan shows this area as low density residential, not as commercial on the adjoining lots that bound Meridian Road. De Weerd: Is there any public testimony from this application? Do you have a comment? Sargent: I guess we'd just like to add that the Comprehensive Plan shows it as medium density. No. Low density. But there is a zoning -- a lot approximately in this location -- there it is. That lot there is already zoned L-O. It's commercial. This lot here has a veterinarian's office already located on it and so it's -- even though the Comprehensive Plan shows that, the use already today -- or the zoning shows L-O and the use is veterinarian is -- I don't know, I guess that's sort of a -- somewhat of a commercial use. De Weerd: Okay. Council, any questions? Borton: Madam Mayor? Anna, would this map up -- the finding in the staff report, which I'm not sure I agree with it. It makes reference to the R-8 zone, that the proposed development to the north is compatible with this proposed development and that the existing residences to the east and south have been buffered. It looks -- when you look in here it appears as though to the east you have got maybe six lots, seven lots that abut this entire eastem border. Canning: Oh, eastem. Yes, sir. I was looking west. So, the question was? Borton: It doesn't appear to be a buffer. I was making sure I read this right, that it was - Canning: With the Larkspur Two, which was the one just north of here, there were -- the suitable transition was decided at that time that it was generally 6,500 square feet and that it could be as-- but no less than 6,200 square feet. I think that that's what those homeowners came to the hearing asking to have that as a transition. Borton: Okay. De Weerd: Okay. Anything further from Council? Bird: I have none. De Weerd: I don't see any further public testimony. Does the applicant have any further final words? Okay. Council, any information needed from staff or the applicant? Seeing none, I would entertain a motion, if you are ready to close the Public Hearing on Items 15 and 16. Meridian City Council December 12, 2006 Page 47 of 52 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearings on AZ 06-049 and PP 06-051. Rountree: Second. De Weerd: Okay. I have a motion and a second to close the public hearings on 15 and 16. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Council, do I have -- Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we approve AZ 06-049 and to comply with the City of Meridian, ITD, and fire department's requirements for installation and removal of bollards on the driveway intersection of Edmonds Courts, Lots 2 through 7, Block 9, as well as along the southern edge of the intersection of Marlin Way and Edmonds Court, approximately at the north end of the existing cul-de-sac, thereby restricting access out to Meridian Road. And probably that -- yeah, that answers that. That probably did have to be in there, didn't it? In the annexation? Canning: We can -- I don't think we have a development agreement. I'm not sure -- Bird: I'm sorry. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Item 15 with the changes as noted. Any discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, nay. MOTION CARRIED: THREE AYES. ONE NAY. De Weerd: Okay. Council, Item 16. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council December 12, 2006 Page 48 of 52 Bird: I move we approve PP 06-051, the preliminary plat for Larkspur South Subdivision. De Weerd: Okay. Do I have a second? Wardle: Second. Canning: If the maker of the motion could just reference the bollards. You don't need to read the whole thing. Bird: Oh. Okay. Canning: But that would be helpful here. Bird: Yeah. And -- yeah. And includes the bollards at Edmonds Court and Marlin Way. Wardle: Second agrees. De Weerd: Okay. I have a motion and a second with the changes as noted. Any discussion? Okay. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, nay. MOTION CARRIED: THREE AYES. ONE NAY. Item 17: Public Hearing: Amendments to Include Updating Procedures, New Fees, and Fee Increases for Dog Licensing: De Weerd: Okay. Item 17 is a Public Hearing on amendments to include updating procedures, new fees, and fee increases for dog licensing. Mr. Nary? Nary: Madam Mayor, Members of the Council, this is a Public Hearing to amend the licensing fees. It also includes the new fee for vicious dogs. It authorizes the police department to enter into agreements to allow -- finances approval as well for the sale of dog licenses through some outside vendors, through some of the veterinarians and the like. It's an updated ordinance. Mrs. Kane, prior to her taking maternity leave, verified with the other local agency, the Humane Society, that these fees are consistent with those that are charged locally and that's why there is no change. That's it, it appears, unless Mr. Tomlinson was here to testify. The public, I guess, didn't have a concern. De Weerd: Okay. Council, any questions for staff? Bird: I have none. De Weerd: I know Mr. Zaremba doesn't have a dog, so -- Meridian City Council December 12, 2006 Page 49 of 52 Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we close the Public Hearing. Rountree: Second. De Weerd: I have a motion to close the Public Hearing on Item 17. All those in favor say aye. All ayes. Motion carves. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I make a motion that we move forward with the ordinance regarding updating procedures, new fees, and fee increase for dog licensing. Rountree: Second. De Weerd: Okay. I have a motion and a second to proceed with Ordinance for Item 17. If there is no discussion -- do I do roll call on that? Nary: Yes. De Weerd: Roll call vote. Berg: Thank you, Madam Mayor. I presume that we are going to prepare the Ordinance -- Nary: Actually, I think it's in ordinance. I think they were already in the ordinance. We had to have ahearing -- Berg: Madam Mayor, there is some things that are underlined into this -- Nary: We will either bring back an additional ordinance -- if necessary. I think it's in the ordinance and we just have to have a hearing before we could actually make it effective. Berg: That's probably it, Madam Mayor, is it's really not effective until we had this hearing. De Weerd: Okay. Bird: Do we need to change the motion? Meridian City Council December 12, 2006 Page 50 of 52 Berg: I think it was pretty vague as it was. De Weerd: Okay. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 18: Ordinance No. 06-1281 :Alcohol Ordinance: De Weerd: Okay. Ordinance on Item 18. What is our number? Bird: 06-1281. Nary: Madam Mayor, I'm going to pass down, based on our earlier discussion in Pre-Council meeting today, I have made a correction to the ordinance that were presented, merely to add 10:00 o'clock a.m. for the day after Christmas. I think that was the only addition to that. From the original one that was sent to the clerk, I have resent it electronically to the clerk and this is a printed copy. Berg: Which we will change the year on the ordinance. It says 2005. I'm sorry, Bill, I made some corrections prior to -- Nary: Of course you did. Not a problem. Berg: Sorry. Nary: I also corrected the summary as well, so -- De Weerd: Okay. Mr. Berg, will you, please, read this ordinance 06-1281 by the only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 06-1281, an Ordinance amending Title 3, Chapter 2, Section 1 of the Meridian City Code regarding the requirements for licensing an alcohol establishment, hours of sale, and providing for a penalty, providing a savings clause, and providing for a summary and providing for an effective date. De Weerd: Okay. You have heard this ordinance read by title only. Is there anyone who would like to hear it read in it entirety? I just need to say that for the public record. I see none. Council? Bird: Madam Mayor? De Weerd: Yes. Meridian City Council December 12, 2006 Page 51 of 52 Bird: I move we approve Ordinance 06-1281 with suspension of rules. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Item 18. All those -- I'm sorry. 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. Change Ordinance: Audit Presentation Date De Weerd: Okay. Thank you. Item 19 has been removed. Item 20: Executive Session per Idaho State Code 67-2345(1)(c) - (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency): De Weerd: So, Item 20, Executive Session. 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)(a),(b)(c) and (d). Rountree: Second. De Weerd: Okay. I have a motion and a second to adjourn into Executive Session. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: Bird: I move we come out of Executive Session. Rountree: Second. De Weerd: It has been moved and seconded to come out of Executive Session. All those in favor. Meridian City Council December 12, 2006 Page 52 of 52 MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 11:45 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVE ~~~n MAYOR T ~ ~ ~~ ,, ~~~' `~~ '~ WEERD \C3 s_~V °° DATE APPROVED G. BERG JR., CITY CLERK December 8, 2006 MERIDIAN CITY COUNCIL MEETING December 12, 2006 APPLICANT ITEM NO. REQUEST Approve Minutes of October 24, 2006 City Council Regular Meeting 5-A AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented of public meetings shall become property of the City of Merldlan. December 8, 2006 MERIDIAN CITY COUNCIL MEETING December 12, 2006 APPLICANT ITEM NO. S-B REQUEST Approve Minutes of November 14, 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 properly of the City of Meridian. • December 8, 2006 MERIDIAN CITY COUNCIL MEETING December 12, 2006 APPLICANT ITEM NO. S-C REQUEST Approve Minutes of November 8, 2006 City Council Special Joint 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 City of Meridian. COMMENTS • December 8, 2006 MERIDIAN CITY COUNCIL MEETING December 12, 2006 APPLICANT ITEM NO. 5-D REQUEST Tabled from December 5, 2006 -- Contract with Owyhee Construction for Broadway Avenue Water and Sewer Improvements for $817,576.50 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See Previous Item Packet /Minutes • December 8, 2006 AZ 06-042 MERIDIAN CITY COUNCIL MEETING December 12, 2006 APPLICANT Cherie A. Dalton Living Trust ITEM NO. 5-E REQUEST Findings for Approval -Request for Annexation and Zoning of 20.18 acres from RUT to an R-8 zone for Cottswold Village Subdivision - 2180 East Amity Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted. Date:` `~ Phone: 3~- (,~®`~ Emailed: Q(A11(1 ~j (~ ~ 1~ ,Q~ ~ n ~ St ff Initials: Materials presented at public meetings sh II become property of the CHy of Meridian. • IZEC~4"E~ ®EC ~ ~ ~0~6 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER City Cf IVleridian City. ~ler~~C}ffiice 3, `~~.:, yid ~,'~~ '~.~$r d n~ In the Matter of Annexation and Zoning of 20.18 acres from RUT to R-4 AND Preliminary Plat Approval for 62 single family residential lots and 9 common lots on 20.18 acres, for Cottswold Villages Subdivision, by Cherie A. Dalton. Case No(s). AZ-06-042, PP-06-044 For the City Council Hearing Date of: October 17, 2006 (continued to October 24, November 8, November 21, and November 28, 2006, with findings on the December 12, 2006 City Council consent agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 17, 2006, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 17, 2006, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 17, 2006, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 17, 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). AZ-06-042 and PP-06-044 (PAGE 1 of 4) 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 October 17, 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 July 12, 2006, is hereby conditionally approved; 2. A Development Agreement (DA) shall not be required as part of annexation of this property; 3. Cottswold Villages shall be subject to the UDC standards of the R-4 (Medium Low- Density Residential) zoning district. Further, the Applicant shall amend the preliminary plat to meet the R-4 zoning district standards for development; and, 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of October 17, 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 preliminary plat approval. Upon written request and filed by the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-042 and PP-06-044 (PAGE 2 of 4) applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty- eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of October 17, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-042 and PP-06-044 (PAGE 3 of 4) By action of the City Council at its regular meeting held on the ~Z ``day of G~y'"'~v , 2006 COUNCIL MEMBER SHAUN WARDLE VOTED_~~~~ COUNCIL MEMBER JOE BORTON VOTED_~~~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED_~~~!G•J COUNCIL MEMBER KEITH BIRD VOTED_~~~~~ TIE BREAKER ~_ MAYOR TAMMY de WEERD VOTED By: MAYOR~~~I~VIY de WEERD ° ~ `~~e,~~ a rlrrrlr ATTEST: ~,~ma°~a~ °,~~ ~®'°is0~ v i~~ ~~~ ~~~~~~~~ rte, WILLIAM G. BERG, JR., C CLERK ~ ~~~ ~, ~ ~~' `° Copy served upon: / Applicant °'°°,, ~°°l < .*``` Planning Departmerit~rrPrrrn r,+a``~~\\ ~- Public Works Department City Attorney BY~ ~-R.a`-~ Dated: la -2G -C~lo City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-042 and PP-06-044 (PAGE 4 of 4) CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE HE~ G DATE OF OCTOBER 17, 2006 STAFF REPORT Hearing Date: 10/17/2006 TO: Mayor & City Council FROM: Amanda Hess, Associate City Planner SUBJECT: Cottswold Villages Subdivision • AZ-06-042 ,~ ' , - - -. ~, 4 ~ ~ li~~'btl-@~7 5<<y, Sq~.. ~f'L taw Annexation and Zoning of 20.18 acres from RUT (Ada County) to 1~-8-(~14ed £~sj~eat~al-} -4 (Medium Low-Density Residential) zone • PP-06-044 Preliminary Plat of 62 single-family building lots and 9 common lots on 20.18 acres in a proposed R-8 zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Cherie A. Dalton Living Trust, has applied for Annexation and Zoning (AZ) of 20.18 acres from RUT (Ada County) to R-8 (Medium Density Residential) and Preliminary Plat approval of 62 single family residential lots and 9 common lots for Cottswold Villages Subdivision. The site has not been previously platted. The subject property is located on the north side of Amity Road, approximately % mile east of Locust Grove Road in Section 29, Township 3 North, Range 1 East, B.M., and is currently referenced as Assessor's Parcel Number 51129346700. The gross density of the proposed development is approximately three dwelling units per acre. The application does not comply with the Comprehensive Plan for the site which designates the area as "Low Density Residential." However, the proposed density is in accord with the proposed R-8 zoning district. Per the Comprehensive Plan Future Land Use Map, the Commission and Council can consider residential densities on a case by case basis without the requirement of a Comprehensive Plan Amendment. This development would be considered a "step up" in density, from low to medium. Additionally, a Comprehensive Plan Amendment application has been submitted to and is being processed by the Planning Department to amend the land use designation of this site to Medium Density Residential. If the Amendment were to be approved, then the applicant's request for an R-8 (Medium Density Residential) zoning designation will appropriately reflect the land use designation of Medium Density Residential for this site. 2. SL]1VIlVIARY RECOMMENDATION The subject applications (AZ-06-042 and PP-06-044) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. Staff is recommending approval of the proposed Cottswold Villages Subdivision subject to the R-4 standards and the conditions listed in Exhibit B of the Staff Report. The Meridian Planning and Zonine Commission heard these items on Seutember 21 2006. At the public hearing they moved to recommend aA>aroval to the City Council a. Summary of Public Hearin i. In favor: Kent Brown (A lpp icant)• Cherie Dalton (Proms Owner) ii. In opposition: None iii. Commenting: John Huffman iv. Staffpresenting application: Amanda Hess Cottswold Villages Subdivision AZ-06-042, PP-06-044 PAGE 1 CITY OF MERIDIAN PLAT DEPARTMENT STAFF REPORT FOR THE ~ G DATE OF OCTOBER 17, 2006 v. Other staff commentin on application• Caleb Hood b. Kev Issues of Discussion by Commission: i. Micro athway fencing_ ii. Applicant's reauest for an R-8 (Medium Density Residential) zoning district where the Comprehensive Plan designates the area as "Low Density Residential " c. Kev Commission Changes to Staff Recommendation• i. Recommended approval of the Applicant's request for an R-8 zoning district and dimensional standards of the R-8 zone. d. Outstanding Issue(s) for City Council: i. None. a. i. In favor Kent Brown (Applicantl• Cherie Dalton (Property Owner) ii. In opposition: None iii. Commentina• Dan Wood iv. Written testimony None v. Staff presenting application: Anna Borchers Carmine vi. Other staff commenting on application• None b. ev Issues of Di cu ion by ounc'1: i. pplicant's reauest for an R-8 (Medium Density Residential) zonine district where the Comprehensive Plan desienates the area as "Low Density Residc:nt;al " ii. edication of rieht-of--way along Amity Road. C. eV COIIDC~~ C11an9pR to C(liY1T11RRlAT RPrnmmanr~~finn• i. The property shall be annexed to R-4 and shall h_e cuhiect to t_hP R11. ~nn;no rlictrirt standards for development. The preliminary plat shall also be amended to meetysaid star ds. ii. Removed the requirement for a development agreement on this nronertv 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-06- 042 and PP-06-044 as presented in the Staff Report for the hearing date of October 17, 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 AZ-06-042 and PP-06-044 as presented during the hearing on October 17, 2006, for the following reasons: (State specific reasons for denial of the annexation and/or preliminary plat request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ-06- 042 and PP-06-044 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: 2180 East Amity Road Meridian, ID 83642 Cottswold Villages Subdivision AZ-06-042, PP-06-044 PAGE 2 CITY OF MERIDIAN PLADEPARTMENT STAFF REPORT FOR THE ~ G DATE OF OCTOBER 17, 2006 Section 29, T3N, R1E b. Owner /Applicant: Cherie A. Dalton Living Trust P.O. Box 140057 Garden City, ID 83714 c. Representative: Kent Brown, Bailey Engineers d. Present Zoning: RUT (Ada County) e. Present Comprehensive Plan Designation: Low Density Residential f. Description of Applicant's Request: 1. Date of Preliminary Plat (See Exhibit A): July 12, 2006 2. Date of Landscape Plan (See Exhibit A): July 26, 2006 g. Applicant's Statement/Justification: The current Comprehensive Plan designation for this area (I.ow Density Residential) does not comply with the applicant's request for an R-8 (Medium Density Residential) zoning designation. The gross density of the proposed development is 3.07 dwelling units per acre. The proposed density is in accord with the proposed R-8 zoning district but does not comply with the Comprehensive Plan for the site which designates the area as "Low Density Residential." However, a Comprehensive. Plan Amendment application has been submitted to and is being processed by the Planning Department to amend the land use designation of this site to Medium Density Residential. If the Amendment were to be approved, then the applicant's request for an R-8 (Medium Density Residential) zoning designation will appropriately reflect the land use designation of Medium Density Residential for this site. The subdivision will provide a large central common area with gazebo, parkways, and a mix of lot sizes ranging from approximately 7,750 square feet to 15,000 square feet. 5. PROCESS FACTS a. The subject application will in fact constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, 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, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: September 4, 2006 & September 18, 2006 (Commission) September 25, 2006, & October 9, 2006 (Council) d. Radius notices mailed to properties within 300 feet on: August 25, 2006 (Commission) September 22, 2006 (Council) e. Applicant posted notice on site by: September 11, 2006 (Commission) Cottswold Villages Subdivision AZ-06-042, PP-06-044 PAGE 3 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006 October 9, 2006 (Council) 6. LAND USE a. Existing Land Use(s): Existing home and vacant land. All existing structures will be removed from the site. b. Description of Character of Surrounding Area: A mix of single family residential and vacant agricultural land, some of which has recently been proposed for residential development. c. Adjacent Land Use and Zoning: 1. North: Bellingham Park Subdivision & Messina Meadows Subdivision, zoned R-8 2. East: Residential, zoned RUT (Ada County) & Messina Meadows Subdivision, zoned R-8 3. South: Residential, zoned RUT (Ada County) (Proposed White Bark Subdivision to the southeast) 4. West: Estancia Subdivision zoned R-4 d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: This property is proposing to sewer through mains under construction in Estancia Subdivision. Location of water: This property is proposing to provide water service through mains under construction in Estancia Subdivision and mains planned in Bellingham. Issues or concerns: 1.) The need for anoff--peak pumping station. 2.) There is a FEMA designated zone-A flood plain on this property. 2. Vegetation: Primarily agriculture. Existing trees will be retained or relocated on site. 3. Floodplain: Zone A (100-Year Floodplain) 4. Canals/Ditches/Irrigation: Ten Mile Drain 5. Hazards: N/A 6. Proposed Zoning: R-8 7. Size of Property: 20.18 acres f. Subdivision Plat Information: 1. Residential Lots: 62 2. Non-residential Lots: 0 3. Total Building Lots: 62 4. Common Lots: 9 5. Total Lots: 71 6. Open Lots: 0 7. Residential Area: 20.18 acres 8. Gross Density: 3.07 units per acre (4.2 net density) Cottswold Villages Subdivision AZ-06-042, PP-06-044 PAGE 4 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006 9. Lot Sizes: Lot sizes range from 7,750 to 15,000 square feet. The average lot size is approximately 8,900 square feet. g. Landscaping: 1. Width of street buffer(s): As per the Future Land Use Map, Amity Road is designated as an arterial road. The UDC (Table 11-2A-5) requires a 25-foot wide street buffer adjacent to arterials. The landscape plan (Sheet L1.0) proposes a 25-foot wide buffer along Amity Road. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 2.07 acres (10.3%) 4. Percentage of site as useable open space: 7.9% 5. 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 (UDC 11-3G-3-E2). h. Proposed and Required Non-Residential Setbacks: As per the R-8 zone for detached single family dwellings. i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The sole access to the development at this time will be from Amity Road. Stub streets to the north and west have been provided by the Bellingham Park and Estancia Subdivisions. Additionally, one stub street at the east property line will be constructed to provide connectivity to that County parcel upon development. ACRD is supportive of the proposal as long as all Site Specific and General Requirements are met (See Exhibit B-'n. 7. COMMENTS MEETING On September 1, 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. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Low Density Residential" on the Comprehensive Plan Future Land Use Map. Low density residential areas are anticipated to contain single family residences at densities up to three dwelling units per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 62 residential building lots on 20.18 acres for a gross density of 3.07 dwelling units/acre. The gross density is not within the range outlined in the Comprehensive Plan. As stated above, the application does not comply with the Comprehensive Plan for the site which designates the area as "Low Density Residential." However, the proposed density is in accord with the proposed R-8 zoning district. Per the Comprehensive Plan Future Land Use Map, the Commission and Council can consider residential densities on a case by case basis without the requirement of a Comprehensive Plan Amendment. This development would be considered a "step up" in density, from low to medium. The following Comprehensive Plan policies apply to this application: • 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 sef-vices to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: Cottswold Villages Subdivision AZ-06-042, PP-06-044 PAGE 5 CITY OF MERIDIAN PLANN>~DEPARTMENT STAFF REPORT FOR THE HE ~ G DATE OF OCTOBER 17, 2006 • Sanitary sewer and water see-vice will be extended to the pYOject at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACtID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter 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 micropathways. • Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. Staff finds that the residential developments to the north and west are compatible with the proposed development. • 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, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The subject application includes a request for the R-8 zone. The subject property is located adjacent to lands zoned R-4 and R-8. Stafffinds that the requested zoning designation is generally consistent with the Comprehensive Plan designation for this site. Cottswold Villages Subdivision AZ-06-042, PP-06-044 PAGE 6 CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006 • Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow (Chapter VI, Goal II, Objective A, Action 6) Two stub streets have been proposed to connect with the currently undeveloped properties to the east and southwest. These properties have been proposed to be developed in a manner similar to the subject parcel. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family developments as a Permitted Use in the R-8 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 City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Unified Development Code, staff believes that this is a good location for the proposed single-family development. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The annexation legal description submitted with the application, prepared The Idaho Survey Group on May 1, 2006, shows the property as contiguous to the existing corporate boundary of the City of Meridian. On November 28~' the Meridian City Council approved an R-4 not R 8 zonine for this ro f • ~~~~®~~FR•' F-i rc+~ 1.....„a ,.L..11 ..., a a aL !~'a- ~~ A ..L„11 _ __ aL ~ 7 ~~~ .~a. L 11 a 1 11 1 0P0 9 •a• a 1 4 .~ ,7'a' - l 7 7 1 , 7 7 7 7 7 .- ...11 LL a L - '^° kla air-r-~ a' n ' • 0 ....al.,„ ~ G 7 G 1 '7 - eg .L ..- • 7 7_ 1 _ r ' ' Cottswold Villages Subdivision AZ-06-042, PP-06-044 PAGE 7 CITY OF MERIDIAN PLASDEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006 e , PRELIIVIINARY PLAT AIoTALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Unified Development Code, staff believes that this is a good location for the proposed single-family residential products. Please see Exhibit D for detailed analysis of facts and findings for a preliminary plat. 1. Access: Amity Road will serve as the primary access to the proposed development. Although not fully developed at this time, Estancia and Bellingham Park Subdivisions have supplied Cottswold Villages with two stub street connections, thus providing Cottswold Villages with two additional access points. 2. Internal Streets: Internal streets sections are proposed to be at least 36-feet wide with 5-foot wide attached sidewalks. One of the cul-de-sacs is proposed with a turning radius of 24' inside and 60' outside. The proposed design of the cul-de-sacs does not meet the Fire Department's requirements for access. The Fire Department requires all cul-de-sacs to have a turning radius of 28' inside and 48' outside radius. 3. Parkin: No on-street parking shall be allowed within the cul-de-sacs. Vehicles shall be parked in garages, driveways, or along public roads with the subdivision, but not within cul-de-sacs. The cul-de-sacs shall be signed as "No Parking" as per the Meridian Fire Department's comments. 4. Landscaping The applicant has provided 2.07 acres (10.3%) of landscaped open space, meeting the 5% minimum required by UDC 11-3G-3A-1. The majority of the open space is provided in the form of a centralized common park. All common areas approved as open space shall be vegetated and usable by residents. Maintenance of all common areas shall be the responsibility of the Cottswold Point Homeowners Association. The applicant has also provided street landscape buffers with landscaping islands. 5. Micro ap ths: Four micropathways are proposed with this application. One of the micropath connections is proposed along the Ten Mile Drain. This path will connect to the open space along Ten Mile Drain provided by the Bellingham Subdivision. As the Ten Mile Drain is not piped at this site, this pathway will also afford good buffering of the residential units from said canal. Another micropath will provide connectivity from the northeast section of the subdivision to the northwest. All micro-patens shall be constructed in accordance with UDC 11-3A-8. Landscaping adjacent to all micro-paths should comply with UDC 11-3B. 6. Landsca~g Islands: The Public Works Department does not allow manholes or water valves in landscape islands. Water mains and / or sewer mains shall be routed around the landscape islands to accommodate the proposed landscaping. 7. 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, Cottswold Villages Subdivision AZ-06-042, PP-06-044 PAGE 8 CITY OF MERIDIAN PLA DEPARTMENT STAFF REPORT FOR THE ~ G DATE OF OCTOBER 17 2006 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. 8. Fencine: The applicant should submit a detailed fencing plan with the final plat application. All perimeter fencing must be completed prior to issuance of building permits. Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of--way. Fencing adjacent to all micropathways is also required. Said fencing can be up to six feet in height, if open vision. If closed vision is used, it cannot exceed four feet in height. All fencing shall be installed in accordance with UDC 11-3A-7. 9. Ditches, Laterals, and Canals: As per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. 10. Tree Miti ation: Any existing, on-site tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of those removed. Required landscaping trees will not be considered as replacement trees for those that are removed. The applicant should coordinate a mitigation plan with Ekoy Huff at the Meridian Parks Department. 11. Existing Structures: The site currently contains multiple buildings. Because the existing structures span across proposed lot lines, all buildings should be removed or relocated, prior to signature of the final plat by the City Engineer. b. Staff Recommendation: The proposed density is in accord with the proposed R-8 zoning district but does not comply with the Comprehensive Plan for the site which designates the area as "Low Density Residential." As ten of the building lots are slightly under the R-4 (Medium Low-Density Residential) lot size standard of 8,000 square feet, the applicant could meet the R-4 criterion via redesign. Additionally, residential construction should be limited to 50 lots until such time that at least one additional access to the subdivision can be provided via the Estancia or Bellingham Park Subdivisions (See Fire Department Development Review Comments and Requirements, Exhibit B). Therefore, Staff recommends approval of the proposal subject to the R-4 standards and the conditions listed in Exhibit B. On Seutember 21, 2006, the Meridian Planning and Zoning Commission voted to recommend auuroval of the subiect aunlications. The Meridian City CoLncil heard these annlisatinns on ctober 17. October 24. November 8. November 21. and November 28.2006. On 1`Tovember 28. 006. itv o ~nc'1 annroved the ~biect ann ications v~:th an R-." o in de i~nation 11. EXHIBITS A. Drawings 1. Vicinity Map 2. Preliminary Plat (Dated July 12, 2006) 3. Landscape Plan (Dated July 26, 2006) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department Cottswold Villages Subdivision AZ-06-042, PP-06-044 PAGE 9 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE ~ G DATE OF OCTOBER 17, 2006 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department C. Legal Description and Annexation Map D. Required Findings from honing Ordinance Cottswold Villages Subdivision AZ-06-042, PP-06-044 PAGE 10 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006 A. Drawings 1. Vicinity Map VICINITY MAP smna~ a ~ n°sr ~i m.eo -.~va~~ey Eng~neer~ng, !n~ CmL EAIGINEERWG ~ PwuN1A1G ~ CADL ~soo ~ uxoru Enrde oa- rEr. aoe-aaew ~, ro eae~s Fnx aoaav~; Exhibit A CITY OF MERIDIAN PLASJEPARTMENT STAFF REPORT FOR THE HE ~ DATE OF OCTOBER 17, 2006 2. Preliminary Plat (Dated July 12, 2006) i I w ~ • ~ t a ~ ~ ~~ Y~ _ ~a ; ~~ ~, ~' :a ~ ~ -~ ~j~~~sl~i~~~i~~~;~ ~! ~.9~E9~s9~t~le~6tl~~ M y i ~ g~ I yy~ ~~1~~ s ~~~~ ~~ I~~~~ ~. ~ ° ~ a a e § ~"' S~ e~ ~~~$p~r r ~~~~~~a~ r:° s ~ o ~~~~~ $~ 4 E ~ 9$ ~"~ e ~~~d L 1 Exhibit A CITY OF MERIDIAN PLASDEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006 3. Landscape Plan (Dated July 26, 2006) { adz ~~4;~ p~Y~ f~~~SBd# ~'~ ~~ . ~ ~ ~ ~ ~ ~ ~~}~a ~~ ~i~~ ~ ~e ago ~ ~ -F_" ~ rte, '~ i. 9,,. npn ~~~~ ~~~ ~ ~~ ~ ~ ~ 9 ~.~q 4 { Y, ~f1eA 9 ggYY Y d b 1 ... ~ e j~ I ~~ ~~ _~ ~-~ ~~ ,~ ~~ B ~~~ - ~~ a a ~. _~. ~~ 0 ~. .J. .. .~~' 0 J Q t/1 _o '' ~ E Exhibit A CITY OF MERIDIAN PLASJDEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 SITE SPECIFIC REQUIltEMENTS-PRELIMINARY PLAT 1.1.1 The preliminary plat labeled as Sheet PP-1, prepazed by Bailey Engineering, Inc., and dated July 12, 2006, is approved, with the conditions listed herein. Any future development agreement shall also be considered conditions of the Preliminary Plat (PP-06-044). 1.1.2 Cottswold Villages shall be subject to the UDC standards of the ___ _ -4 (Me i m T.nw_nencity Recidentiall zoning district. .1~3~ «~ ~t, e..a ,.w «t.,+ ,.,, rem a nnn r ,. t , v~vvo ocicrarc xvvczrna, t6 1.1.3 The anulicant shall amend the nreliminary ulat to reflect. at minimum 8 000 square foot lots, to correspond with the aforementioned zoning district of R-4 1.1.4 Dedicate and construct all public internal roadways to meet ACHD's road design standards. 1.1.5 Provide a street connection to Assessor's Pazcel Number S 1129346820 to the east, as depicted on the preliminary plat. 1.1.6 All internal roads and cul-de-sacs shall meet the Meridian Fire Department's requirement of 28' inside / 48'outside turning radius and be constructed in accordance with ACHD's requirements. No parking signs shall be installed around the cul-de-sacs. Modify the applicable roads / cul-de- sacs to reflect this requirement. 1.1.7 All existing buildings that span across proposed lot lines or do not conform to the dimensional standazds (setbacks, height, etc.) of the UDC shall be removed, relocated, or made to conform to city code, prior to signature of the final plat by the City Engineer. 1.1.8 The landscape plan prepared by Bailey Engineering, Inc., on July 26, 2006, no label, is approved with the following modifications/notes: • Provide 2.07 acres (10.3% of the site) for landscaped open space. • Per UDC 11-3G-3B5 all parkways that aze used as common open space shall be a minimum of eight feet wide from street curb to edge of sidewalk and contain one Class II tree for every 35 linear feet of pazkway. • The proposed micropathways shall be constructed in accordance with UDC 11-3A-8. All landscaping adjacent to the pathways shall meet the requirements of UDC 11-3B-12. • Per UDC 11-3A-7A-7b, all fencing adjacent to micropathways shall be either four feet (4') in height, if closed vision, or six feet (6') tall if open vision fencing is used. Modify the applicable areas within the landscape plan to reflect this requirement. • Coordinate a tree mitigation plan with Elroy Huff of the Meridian Pazks Department. • A written certificate of completion shall be prepazed by the landscape azchitect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. The landscape plan is not to be altered without approval of the Planning and Zoning Department. No field changes to the landscape plan aze permitted. All standazds of installation shall apply as listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). 1.1.9 Maintenance of all common areas shall be the responsibility of the Cottswold Villages Subdivision Homeowners Association. Exhibit B CITY OF MERIDIAN PLA~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF OCTOBER 17, 2006 1.2 GENERAL REQUIltEMENTS-PRELIMINARY PLAT 1.2.1 Sidewalks/walkways shall be installed within the subdivision and on Amity Road pursuant to UDC 11-3A-17. 1.2.2 All lot lines common to a public right-of--way shall reserve a 10' utility easement. 1.2.3 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized 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. 1.2.5 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as noted in this report, shall be submitted for the subdivision with the final plat application. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. 1.2.6 The applicant shall submit a fencing plan with the final plat application for the subdivision. ff 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. 1.2.7 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.2.8 Staff's failure to cite specific ordinance provisions or terms of the approved annexation / preliminary plat does not relieve the applicant of responsibility for compliance. 1.2.9 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains under construction in Estancia Subdivision. The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 The applicant shall have to wait to sewer this properly (final plat signature) until the Black Cat Trunk connects to the "diverting manhole" at Glacier Springs Subdivision, or be responsible to install a temporary off-peak pumping station in a location coordinated with the Public Works Department. The station design and capacity shall be coordinated with the Public Works Department. The design shall include communication capabilities that are consistent with the City of Meridian's SCADA system. If new information arises from ongoing modeling exercises or other subsequent sources, then this condition maybe rescinded by the City Engineer. Exhibit B CITY OF MERIDIAN PLADEPARTMENT STAFF REPORT FOR THE HE~G DATE OF OCTOBER 17, 2006 2.3 As part of the City of Meridian's "to and through" policy the applicant shall be required to extend sewer mains to the western property line in Amity Road. 2.4 Water service to this site is being proposed via extension of mains under construction in Estancia Subdivision. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.5 As part of the City of Meridian's "to and through" policy the applicant shall be required to extend water and sewer mains in both Melwood Street stubs. 2.6 No water valves or manholes shall be allowed within the landscape islands. If water or sewer mains are routed under them no trees shall be allowed unless said mains are sleeved. 2.7 The preliminary plat indicates that a portion of this development is in an A Flood Zone. The applicant shall be responsible to determine the Base Flood Elevation, and any lots are within the flood plain those buildings shall provide Base Flood Elevation Certification prior to building permits. 2.8 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. 2.9 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). 2.10 The applicant has indicated the pressure irrigation system in this proposed development is to be an extension of the system in Bellingham Park, which is a Nampa and Meridian Irrigation District owned system. If it is to be owned and maintained by NMID then a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. 2.11 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (iJDC 11-3A-6). The applicant should be required to use any existing surface 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. 2.12 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.13 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. 2.14 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. 2.15 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being developed shall be tiled. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.16 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 Exhibit B CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF OCTOBER 17, 2006 Plat for this subdivision shall be recorded, prior to applying for building permits. 2.17 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. 2.18 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. 2.19 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the fmal plat. 2.20 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. 2.21 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.22 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.23 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes aze located on or neaz sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.24 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. 2.25 The engineer shall be required to certify that the street centerline elevations aze set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.26 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 aze at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity aze determined after power designs aze completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" outlet face the main street or pazking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant mazkers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. Exhibit B CITY OF MERIDIAN PLA~DEPARTMENT STAFF REPORT FOR TIC HE~G DATE OF OCTOBER I7, 2006 e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 3.5 All entrance and internal roads, and cul-de-sacs shall have a turning radius of 28' inside and 48' outside radius. 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 No on-street parking shall be allowed along the cul-de-sacs. Vehicles shall be parked in garages, driveways, or along public roads with the subdivision. The cul-de-sacs shall be signed as "No Parking." 3.8 Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 3.9 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. 3.10 Building setbacks shall be per the Intemational Building Code for one- and two-story construction. 3.11 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.12 The Fire Department requests that any future signalization installed as the result of the development of this project be equipped with Opticom sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. The cost of installation is to be borne by the developer. 3.13 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.14 Provide exterior egress lighting as required by the International Building & Fire Codes. 4. POLICE DEPARTMENT 4.1 Interior fencing adjacent to common areas and micropathways shall allow visibility from the street and shall not exceed four feet in height is solid fencing is used. 4.2 All micropathways shall have adequate lighting to allow visibility from the street. 5. PARKS DEPARTMENT 5.1 Pathway and Trail Standards: The proposed pathways and / or trail shall be constructed in accordance with the Meridian Parks Department's requirements. 5.2 Standard for Mitigation of Trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.3 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 fofllowed. Exhibit B CITY OF MERIDIAN PL?DEPARTMENT STAFF REPORT FOR THE HEG DATE OF OCTOBER 17, 2006 6. SANITARY SERVICE COMPANY 6.1 Turning Radius: The applicant shall provide a minimum of 50-foot turning radius for all entrance and internal roads, cul-de-sacs, and common driveways. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC REQUIREMENTS 7.1.1 Construct Rangewood Way, located 330-feet east of the southwest property line (measured property line to centerline), as a 54-foot street section within 68-feet of right-of--way, complete with vertical curb, gutter and attached 5-foot concrete sidewalk within the proposed right-of--way. 7.1.2 Construct a 5-foot detached concrete sidewalk along Amity Road and provide an easement to the public for any portion of the sidewalk located outside of the public right-of--way. 7.1.3 Construct Rangewood Way, located 330-feet east of the southwest property line (measured property line to centerline), as a 54-foot street section within 68-feet of right-of--way, complete with vertical curb, gutter and attached 5-foot concrete sidewalk within the proposed right-of--way. 7.1.4 Provide the minimum 21-feet of pavement on all sides of the islands located in the entry road. 7.1.5 Construct the internal roadways as 36-foot street sections within 50-feet of rights-of--way complete with curb, gutter and 5-foot attached concrete sidewalk. 7.1.6 Locate and construct the cul-de-sac turnaround at the terminus of Witney Place with a minimum 45-foot turn radius. 7.1.7 Locate and construct the cul-de-sac at the terminus of Warwick Place with a minimum 45-foot turn radius, center island and a minimum 29-feet of pavement surrounding the island as proposed. 7.1.8 Connect to two existing stub streets to the north and the west of the subject site: Rangewood Way located approximately 340-feet east of the west property line (measured property line to centerline), and Melwood Street located approximately 560-feet south of the northwest property line (measured property line to centerline). 7.1.9 Construct a stub street to the east, Melwood Street, located approximately 565-feet south of the northeast property line (measured property line to centerline). This stub street shall align with and connect to a future street to the east of this site. A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7.1.10 Amity Road is classified as an arterial roadway: all access points to Amity Road will be closed except the access specifically approved with this application: direct lot access to Amity Road is prohibited and should be noted on the final plat. 7.1.11 Comply with all Standard Conditions of Approval. 7.2 GENERAL REQUIREMENTS 7.2.1 Existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACHI) 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. Exhibit B CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE HEG DATE OF OCTOBER 17, 2006 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 DIGLIlVE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. NAMPA /MERIDIAN IRRIGATION DISTRICT 8.1 Coordinate with John Anderson, Water Superintendent for NMID, concerning installation of the underground, pressurized irrigation system. 8.2 All storm drainage shall be retained on-site. If surface drainage cannot be contained on site, contact Donna Moore at 466-7861, as a Land Use Change Application must be filed for review prior recording of the final plat. 8.3 All laterals and wasteways must be protected. 8.4 The developer must comply with Idaho Code 31-3805. Exhibit B CITY OF MERIDIAN PLANG DEPARTMENT STAFF REPORT FOR THE I~RIriG DATE OF JULY 20, 2006 C. Legal Description and Annexation Map - ~ ,~lk~~~~:. IDAHO SURVEY GROUP Project No. Ob-135 Dalton Anne~cation Description 1450 Fast Watercawer SC 5ulte 1 SO Meridian, Idaho 83642 Phone (208) 84b-657D Fax (2p8) 884-5399 May 1, 2006 The West 1!2 of the SE 1!4 of the SW 114 of Section 29, T.3N., R.lE., BM., Ada Cpunty, Idaho, more particularly described as follows: Commencing at the comer common to Sections 29, 30, 3i, and 32 ofT.3N, R.lE., B.M.; Thence South B9°43'50" East, 1322.60 feet m the West 1116 corner common to said Section 29 and 32, said point being the REAL I'OIlVT OF BEGINNING. Thence North 00°07'38" West, 1325.01 feet to the S W 1/16 comer of said Section 29; Thence youth 89°42'02" East, 665.b7 feet to the Northeast comer of the West 1/2 of the SE I14 of the SW 1/4; Thence South 00°03.'54" West, I324.64 feet to the Southeast comer of the West i12 of the SE 1/4 of the SW Z/4 of said Section 29; Thence North 89°43'50" West, 661.22 feet to the Point of Beginning. Containing 20.18 acres, more or less. Prepared By. Idaho Survey ~Y . ~..1~ ~ tt h??t'I r' Ml'crtO~KS y~r ~~.. NfOf~ D. TerPy Peugh, PLS Professi©na/ Land 5urueyors Exhibit C CITY OF MERIT; LAG DEPARTMENT STAFF REPORT FOR THE HG DATE OF JULY ZQ 2006 S89'42'02"E AIV1vFXA7l~UN »P 665_67' ~OTTS`>iPOL~ III i era cr~nrvre>I ------- ----- Ifa v'l~l ni/a~A 1 ~ ~m~ 1 ~ 1 alley Englnee~ng, Inc. I I CML EIV6INF~RING ~ PLANNING ~ CADD 1806 E IRON EAGLE DR TEL 468,938-0073 1 EAGLE, ID 83818 FAX 20&93&0816 1 1 1 1 i 1 1 Z I I GJ ~j 1r 0 1 O ~ OI (~ W O ~1 1~ -~P REVIEW APPROVAL 1 ~ IQQ~~.7 ~ ~ ~~~ 1 1 1 h1ERID1APl PUBLIC I 1 WORKS DEPT. 1 I 1 I REAL POINT I ' OF BEGINNING 1 S.30 S.29 ' S89'43_50°E ___~~3_3~°„ - 1~4 S.31 S.32 1322.so' N89'43'50"W ss~zs' FOUND 5/8° FOUND ALUMINUM IRON PIN 661.22' CAP MONUMENT Exhibit C CITY OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE H~G DATE OF JULY 20, 2006 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, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone the subject property R-8 (Medium Density Residential). Council fords that the proposed zoning map amendment generally complies with the applicable provisions of the Comprehensive Plan, if the subiect nronertv is zoned R-4 (Medium Low- Density Residentiall. Please see Comprehensive Plan Policies and Goals, Section 8, of this Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council fords that single-family residences are allowed within the requested zoning district of R- 8. and Council annroved zonine district of R-4. as a Principally Permitted Use. The accompanying plat demonstrates the land will be developed with varying lot sizes and other dimensional requirements which conform to the proposed zoning designation. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council fords that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this fording. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council fords that the proposed zoning amendment will not result in any adverse impact upon delivery of services by any political subdivision providing services to this site, as conditioned in the staff report. 5. The annexation is in the best of interest of the City (UDC 11-5B-3.E). Council fords that all essential services will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan and this is a logical expansion of the City limits. Council fords that Annexation and Zoning of this property to ~ 4 net D€d; IBS would be in the best interest of the Cites 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed application is generally compatible with the adopted Comprehensive Plan. Council supports the proposed density and proposed plat layout, with recommended changes, as they generally comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. Exhibit D CITY OF MERIDIAN PLA1~G DEPARTMENT STAFF REPORT FOR THE HG DATE OF JULY Z0, 2006 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services can be made available to accommodate the proposed development. (See finding Items 3 and 4 above under Annexation Findings for more details.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis. Staff recommends that Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety, or environmental problems of which staff is unaware. 6. The development preserves significant natural, scenic or historic features. Staff is unaware of any natural, scenic, or historic features on this site. 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. Therefore, Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Exhibit D U Ir 1 December 8, 2006 PP 06-044 MERIDIAN CITY COUNCIL MEETING December 12, 2006 APPLICANT Cherie A. Dalton Living Trust ITEM NO. 5-F REQUEST Findings for Approval -Request for Preliminary Plat approval of 62 residential lots and 9 common lots on 20.18 acres in a proposed R-8 zone for CotFswold 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: Emailed: COMMENTS See attached Flndtngs Materials presented at public meetings shall become property of the City of Mertdlan. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • ~i,~y ~ SEC b A 2006 pity ~f Meridian ~'-ty clerk Office ~a c'FGiPai~ ~~F#i;~~ ~~~_"~< ~1 , ',~ ~A~ ~~~~. -- ;, In the Matter of Annexation and Zoning of 20.18 acres from RUT to R-4 AND Preliminary Plat Approval for 62 single family residential lots and 9 common lots on 20.18 acres, for Cottswold Villages Subdivision, by Cherie A. Dalton. Case No(s). AZ-06-042, PP-06-044 For the City Council Hearing Date of: October 17, 2006 (continued to October 24, November 8, November 21, and November 28, 2006, with fmdings on the December 12, 2006 City Council consent agenda) A. Findings of Fact Hearing Facts (see attached Staff Report for the hearing date of October 17, 2006, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 17, 2006, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 17, 2006, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 17, 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). AZ-06-042 and PP-06-044 (PAGE 1 of 4) i • 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of October 17, 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 July 12, 2006, is hereby conditionally approved; 2. A Development Agreement (DA) shall not be required as part of annexation of this property; 3. Cottswold Villages shall be subject to the UDC standards of the R-4 (Medium Low- Density Residential) zoning district. Further, the Applicant shall amend the preliminary plat to meet the R-4 zoning district standards for development; and, 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of October 17, 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 preliminary plat approval. Upon written request and filed by the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-042 and PP-06-044 (PAGE 2 of 4) ~ i applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty- eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of October 17, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-042 and PP-06-044 (PAGE 3 of 4) ~+ By action of the City Council at its regular meeting held on the ~Z day of ~~QG~~'~"'~"~ , 2006 COUNCIL MEMBER SHAUN WARDLE VOTED--~~'~ COUNCIL MEMBER JOE BORTON VOTED__~~~C%~'~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED_ `~~Gu- COUNCIL MEMBER KEITH BIRD VOTED__~~i0~- TIE BREAKER MAYOR TAMMY de WEERD VOTED ~~ By: o~G ;~ ~ ~ ,~,MiA'i~~0 de WEERD ATTEST: <., <®e®®®~\~~~ ~~ ~~- ~ ' `°°BO''%~ ~~~ ° ~~ WILLIAM G. BERG, JR , C CLERK ~ ~ p ~j ~ e// ° Yj/ p ~ 0 4~J~ ~ ®~4 !J/a CO Served u On: / A licant //vw°~L®°W°,g11 d~~~~~°°`ay~®~~~ pY p pP ~-~~~~~ ~~~ / Planning Department _~ Public Works Department / City Attorney B Dated:ka ~O~C~n City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-042 and PP-06-044 (PAGE 4 of 4) CITY OF MERIDIAN PLANNIi~EPARTMENT STAFF REPORT FOR THE HEG DATE OF OCTOBER 17, 2006 STAFF REPORT Hearing Date: 10/17/2006 TO: Mayor & City Council FROM: Amanda Hess, Associate City Planner SUBJECT: Cottswold Villages Subdivision • A2-06-042 - ~ Ff~'If' 39~ ~',~ +~„ k R i 1 _ _ '.i - ~r ~ ~, ~a ~, ~4Y_4 at. i Annexation and Zoning of 20.18 acres from RUT (Ada County) to Deas3ic~ei~1} R-4 (Medium Low-Density Residential] zone • PP-06-044 Preliminary Plat of 62 single-family building lots and 9 common lots on 20.18 acres in a proposed R-8 zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Cherie A. Dalton Living Trust, has applied for Annexation and Zoning (AZ) of 20.18 acres from RUT (Ada County) to R-8 (Medium Density Residential) and Preliminary Plat approval of 62 single family residential lots and 9 common lots for Cottswold Villages Subdivision. The site has not been previously platted. The subject property is located on the north side of Amity Road, approximately % mile east of Locust Grove Road in Section 29, Township 3 North, Range 1 East, B.M., and is currently referenced as Assessor's Parcel Number 51129346700. The gross density of the proposed development is approximately three dwelling units per acre. The application does not comply with the Comprehensive Plan for the site which designates the area as "Low Density Residential." However, the proposed density is in accord with the proposed R-8 zoning district. Per the Comprehensive Plan Future Land Use Map, the Commission and Council can consider residential densities on a case by case basis without the requirement of a Comprehensive Plan Amendment. This development would be considered a "step up" in density, from low to medium. Additionally, a Comprehensive Plan Amendment application has been submitted to and is being processed by the Planning Department to amend the land use designation of this site to Medium Density Residential. If the Amendment were to be approved, then the applicant's request for an R-8 (Medium Density Residential) zoning designation will appropriately reflect the land use designation of Medium Density Residential for this site. 2. SUNIlVIARY RECOMMENDATION The subject applications (AZ-06-042 and PP-06-044) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. Staff is recommending approval of the proposed Cottswold Villages Subdivision subject to the R-4 standards and the conditions listed in Exhibit B of the Staff Report. The Meridian Planning and Toning Commission heard these items on September 21. 2006. At the public hearing they moved to recommend aA>proyal to the City Council. a. Summary of Public ]Hearin i. In favor: Kent Brown (Applicant); Cherie Dalton (Pro e~rty Owner) ii. In opposition: None iii. Commenting: John Huffman iv. Staff presenting application: Amanda Hess Cottswold Villages Subdivision AZ-06-042, PP-06-044 PAGE 1 CITY OF MERIDIAN PLASEPARTMENT STAFF REPORT FOR THE HE~G DATE OF OCTOBER 17, 2006 v. Other staff commenting on application: Caleb Hood b. Kev Issues of Discussion by Commission: i. Micro ap thway fencing, ii. Applicant's reauest for an R-8 (Medium Density Residential zoning district where the Comprehensive Plan designates the area as "Low Density Residential " c. Kev Commission Changes to Staff Recommendation: i. Recommended approval of the Applicant's reauest for an R-8 zoning district and dimensional standards of the R-8 zone. d. Outstanding Issue(s) for City Council: i. None. a. i. In favor: Kent Brown (Auplicantl: Cherie Dalton_(Pronerty Ownerl ii. opposition: None iii. Commenting: Dan Wood iv. Written testimony: None v. Staffpresentin~ application: Anna Borchers Ca`nnin~ vi. Other staff commentine on application• None b. ev I ue of Di ~ccion by .ounc'l: i. Applicant's reauest for an R-8 (M ium Density Residential) zoninc district where the Comprehensive Plan desi_~nates the area as "Low Density Residential." ii. Dedication of right-of--way along Amity Road. c. Kev Co nc 1 Chanpec to Commission R .rnmmendafinn~ i. The property shall be annexed to R-4 and shall be subiect to the R-4 zoning district standards for development. The preliminary plat shat also be amended to meet said standar ii. Removed the requirement for a development aereement on this property 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-06- 042 and PP-06-044 as presented in the Staff Report for the hearing date of October 17, 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 AZ-06-042 and PP-06-044 as presented during the hearing on October 17, 2006, for the following reasons: (State specific reasons for denial of the annexation and/or preliminary plat request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ-06- 042 and PP-06-044 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: 2180 East Amity Road Meridian, ID 83642 Cottswold Villages Subdivision AZ-06-042, PP-06-044 PAGE 2 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF OCTOBER 17, 2006 Section 29, T3N, R1E b. Owner /Applicant: Cherie A. Dalton Living Trust P.O. Box 140057 Garden City, ID 83714 c. Representative: Kent Brown, Bailey Engineers d. Present Zoning: RUT (Ada County) e. Present Comprehensive Plan Designation: Low Density Residential f. Description of Applicant's Request: 1. Date of Preliminary Plat (See Exhibit A): July 12, 2006 2. Date of Landscape Plan (See Exhibit A): July 26, 2006 g. Applicant's Statement/Justification: The current Comprehensive Plan designation for this area (Low Density Residential) does not comply with the applicant's request for an R-8 (Medium Density Residential) zoning designation. The gross density of the proposed development is 3.07 dwelling units per acre. The proposed density is in accord with the proposed R-8 zoning district but does not comply with the Comprehensive Plan for the site which designates the area as "Low Density Residential." However, a Comprehensive Plan Amendment application has been submitted to and is being processed by the Planning Department to amend the land use designation of this site to Medium Density Residential. If the Amendment were to be approved, then the applicant's request for an R-8 (Medium Density Residential) zoning designation will appropriately reflect the land use designation of Medium Density Residential for this site. The subdivision will provide a large central common area with gazebo, parkways, and a mix of lot sizes ranging from approximately 7,750 square feet to 15,000 square feet. 5. PROCESS FACTS a. The subject application will in fact constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, 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, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: September 4, 2006 & September 18, 2006 (Commission) September 25, 2006, & October 9, 2006 (Council) d. Radius notices mailed to properties within 300 feet on: August 25, 2006 (Commission) September 22, 2006 (Council) e. Applicant posted notice on site by: September 11, 2006 (Commission) Cottswold Villages Subdivision AZ-06-042, PP-06-044 PAGE 3 CITY OF MERIDIAN PLANNIEPARTMENT STAFF REPORT FOR THE HE~G DATE OF OCTOBER 17, 2006 October 9, 2006 (Council) 6. LAND USE a. Existing Land Use(s): Existing home and vacant land. All existing structures will be removed from the site. b. Description of Character of Surrounding Area: A mix of single family residential and vacant agricultural land, some of which has recently been proposed for residential development. c. Adjacent Land Use and Zoning: 1. North: Bellingham Park Subdivision & Messina Meadows Subdivision, zoned R-8 2. East: Residential, zoned RUT (Ada County) & Messina Meadows Subdivision, zoned R-8 3. South: Residential, zoned RUT (Ada County) (Proposed White Bark Subdivision to the southeast) 4. West: Estancia Subdivision zoned R-4 d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: This property is proposing to sewer through mains under construction in Estancia Subdivision. Location of water: This property is proposing to provide water service through mains under construction in Estancia Subdivision and mains planned in Bellingham. Issues or concerns: 1.) The need for an off-peak pumping station. 2.) There is a FEMA designated zone-A flood plain on this property. 2. Vegetation: Primarily agriculture. Existing trees will be retained or relocated on site. 3. Floodplain: Zone A (100-Year Floodplain) 4. Canals/Ditches/Irrigation: Ten Mile Drain 5. Hazards: N/A 6. Proposed Zoning: R-8 7. Size of Property: 20.18 acres f. Subdivision Plat Information: 1. Residential Lots: 62 2. Non-residential Lots: 0 3. Total Building Lots: 62 4. Common Lots: 9 5. Total Lots: 71 6. Open Lots: 0 7. Residential Area: 20.18 acres 8. Gross Density: 3.07 units per acre (4.2 net density) Cottswold Villages Subdivision AZ-06-042, PP-06-044 PAGE 4 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEG DATE OF OCTOBER 17, 2006 9. Lot Sizes: Lot sizes range from 7,750 to 15,000 square feet. The average lot size is approximately 8,900 square feet. g. Landscaping: 1. Width of street buffer(s): As per the Future Land Use Map, Amity Road is designated as an arterial road. The UDC (Table 11-2A-5) requires a 25-foot wide street buffer adjacent to arterials. The landscape plan (Sheet L1.0) proposes a 25-foot wide buffer along Amity Road. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 2.07 acres (10.3%) 4. Percentage of site as useable open space: 7.9% 5. 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. Proposed and Required Non-Residential Setbacks: As per the R-8 zone for detached single family dwellings. i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The sole access to the development at this time will be from Amity Road. Stub streets to the north and west have been provided by the Bellingham Park and Estancia Subdivisions. Additionally, one stub street at the east property line will be constructed to provide connectivity to that County parcel upon development. ACRD is supportive of the proposal as long as all Site Specific and General Requirements are met (See Exhibit B-7). 7. COMMENTS MEETING On September 1, 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. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Low Density Residential" on the Comprehensive Plan Future Land Use Map. Low density residential areas are anticipated to contain single family residences at densities up to three dwelling units per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 62 residential building lots on 20.18 acres for a gross density of 3.07 dwelling units/acre. The gross density is not within the range outlined in the Comprehensive Plan. As stated above, the application does not comply with the Comprehensive Plan for the site which designates the area as "Low Density Residential." However, the proposed density is in accord with the proposed R-8 zoning district. Per the Comprehensive Plan Future Land Use Map, the Commission and Council can consider residential densities on a case by case basis without the requirement of a Comprehensive Plan Amendment. This development would be considered a "step up" in density, from low to medium. The following Comprehensive Plan policies apply to this application: • 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 proposed to be annexed in the following manner Cottswold Villages Subdivision AZ-06-042, PP-06-044 PAGE 5 CITY OF MERIDIAN PLADEPARTMENT STAFF REPORT FOR THE HE~G DATE OF OCTOBER 17, 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 Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (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 suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter 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 micropathways. Chapter VII, Goal N, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. Staff finds that the residential developments to the north and west are compatible with the proposed development. • 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, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The subject application includes a request for the R-8 zone. The subject property is located adjacent to lands zoned R-4 and R-8. Stafffinds that the requested zoning designation is generally consistent with the Comprehensive Plan designation for this site. Cottswold Villages Subdivision AZ-06-042, PP-06-044 PAGE 6 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF OCTOBER 17, 2006 • Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow (Chapter VI, Goal II, Objective A, Action 6) Two stub streets have been proposed to connect with the currently undeveloped properties to the east and southwest. These properties have been ps-oposed to be developed in a manner similar to the subject parcel. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family developments as a Permitted Use in the R-8 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 City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Unified Development Code, staff believes that this is a good location for the proposed single-family development. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The annexation legal description submitted with the application, prepared The Idaho Survey Group on May 1, 2006, shows the property as contiguous to the existing corporate boundary of the City of Meridian. On November 28~' the Meridian City Council annroved an R-4 not R-8 zoning for this ro ~~ ,µµ 4'fcEE®x ~~ L..11 1. .7._ ~L ~ ~ O F I $~E~ fF ff , 7 7 ) 7 f 7 7 f 7 ~ TL.. rl:._.,wa _.:11 L-._ - - _ ~- r-.. ..77 ..4, . •..a...l 'aL 4L - -.1 .~ ~~ 6 I , ~ 6E 6 ~9 , Cottswold Villages Subdivision AZ-06-042, PP-06-044 PAGE 7 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF OCTOBER 17, 2006 0 ~ , PRELIlVIII~TARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Unified Development Code, staff believes that this is a good location for the proposed single-family residential products. Please see Exhibit D for detailed analysis of facts and fmdings for a preliminary plat. 1. Access: Amity Road will serve as the primary access to the proposed development. Although not fully developed at this time, Estancia and Bellingham Park Subdivisions have supplied Cottswold Villages with two stub street connections, thus providing Cottswold Villages with two additional access points. 2. Internal Streets: Internal streets sections are proposed to be at least 36-feet wide with 5-foot wide attached sidewalks. One of the cul-de-sacs is proposed with a turning radius of 24' inside and 60' outside. The proposed design of the cul-de-sacs does not meet the Fire Department's requirements for access. The Fire Department requires all cul-de-sacs to have a turning radius of 28' inside and 48' outside radius. Parkins: No on-street parking shall be allowed within the cul-de-sacs. Vehicles shall be parked in garages, driveways, or along public roads with the subdivision, but not within cul-de-sacs. The cul-de-sacs shall be signed as "No Parking" as per the Meridian Fire Department's comments. 4. Landscaping_ The applicant has provided 2.07 acres (10.3%) of landscaped open space, meeting the 5% minimum required by UDC 11-3G-3A-1. The majority of the open space is provided in the form of a centralized common park. All common areas approved as open space shall be vegetated and usable by residents. Maintenance of all common areas shall be the responsibility of the Cottswold Point Homeowners Association. The applicant has also provided street landscape buffers with landscaping islands. 5. Micropaths: Four micropathways are proposed with this application. One of the micropath connections is proposed along the Ten Mile Drain. This path will connect to the open space along Ten Mile Drain provided by the Bellingham Subdivision. As the Ten Mile Drain is not piped at this site, this pathway will also afford good buffering of the residential units from said canal. Another micropath will provide connectivity from the northeast section of the subdivision to the northwest. All micro-paths shall be constructed in accordance with UDC 11-3A-8. Landscaping adjacent to all micro-paths should comply with UDC 11-3B. 6. Landsca~g Islands: The Public Works Department does not allow manholes or water valves in landscape islands. Water mains and / or sewer mains shall be routed around the landscape islands to accommodate the proposed landscaping. 7. 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, Cottswold Villages Subdivision AZ-06-042, PP-06-044 PAGE 8 CITY OF MERIDIAN PLADEPARTMENT STAFF REPORT FOR THE HEG DATE OF OCTOBER 17, 2006 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. 8. Fencing: The applicant should submit a detailed fencing plan with the final plat application. All perimeter fencing must be completed prior to issuance of building permits. Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of--way. Fencing adjacent to all micropathways is also required. Said fencing can be up to six feet in height, if open vision. If closed vision is used, it cannot exceed four feet in height. All fencing shall be installed in accordance with UDC 11-3A-7. 9. Ditches, Laterals, and Canals: As per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. 10. Tree Miti atg ion: Any existing, on-site tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of those removed. Required landscaping trees will not be considered as replacement trees for those that are removed. The applicant should coordinate a mitigation plan with Elroy Huff at the Meridian Parks Department. 11. Existing Structures: The site currently contains multiple buildings. Because the existing structures span across proposed lot lines, all buildings should be removed or relocated, prior to signature of the final plat by the City Engineer. b. Staff Recommendation: The proposed density is in accord with the proposed R-8 zoning district but does not comply with the Comprehensive Plan for the site which designates the area as "Low Density Residential." As ten of the building lots are slightly under the R-4 (Medium Low-Density Residential) lot size standard of 8,000 square feet, the applicant could meet the R-4 criterion via redesign. Additionally, residential construction should be limited to 50 lots until such time that at least one additional access to the subdivision can be provided via the Estancia or Bellingham Park Subdivisions (See Fire Department Development Review Comments and Requirements, Exhibit B). Therefore, Staff recommends approval of the proposal subject to the R-4 standards and the conditions listed in Exhibit B. On September 21, 2006. the Meridian Planning and Zoning Commission voted to recommend approval of the subject applications. The Meridian City Council heard these apnlications on ctober 17. October 24. November 8. November 21. and November 28. 2006. On November 28. 006. City Council annroved the subject anplications. with an R-4 ~nnin~ deci 11. E~~ITS A. Drawings 1. Vicinity Map 2. Preliminary Plat (Dated July 12, 2006) 3. Landscape Plan (Dated July 26, 2006) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department Cottswold Villages Subdivision AZ-06-042, PP-06-044 PAGE 9 CITY OF MERIDIAN PLADEPARTMENT STAFF REPORT FOR THE HEG DATE OF OCTOBER 17, 2006 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department C. Legal Description and Annexation Map D. Required Findings from Zoning Ordinance Cottswold Villages Subdivision AZ-06-042, PP-06-044 PAGE 10 CITY OF MERIDIAN PLAIVNIIQG DEPARTMENT STAFF REPORT FOR THE HEG DATE OF OCTOBER 17, 2006 A. Drawings 1. Vicinity Map VICINITY MAP s >D~ ~vai~ey Engineering, Ins Cmt EluaiNEERING ~ PLANNtRIG 1 CAD[ ,SOD E. IRON EAGLE DR. TEL zoe.saaw EAGLE, ID 83818 FAX ~, Exhibit A CITY OF MERIDIAN PLADEPARTMENT STAFF REPORT FOR THE HE~G DATE OF OCTOBER 17, 2006 2. Preliminary Plat (Dated July 12, 2006) 0 a ~~~ ~< pE ~~. g ,- , ~• ;~ ~ •~ ,~, a ~ Q . . A ~ -~° o a .~ ~ ~ ~ f ~ ,a, ~ •~ © o .x I "'° • • I o•~~ ~ :~ ~ :+s c? A , ~ ~ ' a ~.~ ~~' ~ ~ ~` ~ .. ' ~ ~ t © 6 ss -- ~ ~ ,O .A. O © ® ~ , . ~~ M ~ # '~~ It '©+~ m O ;~ ~ I ~ .a, a~a~m ~~ ,~ m _ _ ~ ~ a ~ r y "S '.? .ae ,, e a E • As dtl ~! ~~9~~~~9~~9~~a9~~ f ~ .,..~. ~ , ,~ 4 Y t f qJl ~ ~ g ~~~~~ ;~ ~ g~~g ~~ ~~ ~ ~s s~ti ~f°n i t ~ ~ ~ it 99 & ~ ~ ° ~ ~ ~p`$. ~g 7 + ° yg $ ~ r~y~$ {q qq $ R e ~ a ~ ~ ~ ~~~ g ~- ~ ~~~ ~5~~~g+~ Exhibit A CITY OF MERIDIAN PLASDEPARTMENT STAFF REPORT FOR THE HE~G DATE OF OCTOBER 17, 2006 3. Landscape Plan (Dated July 26, 2006) S 8d~ i}ii~.IwM +nn.. ~ ~} .~~ ~ ~ ~ ~ ~ ~ ~ ~~ o ~ ~ ~;~~ m ~~ a 4 ~ ~ ~~~ ~ ~~ ~~ ~~ ~~ t44$R~ ~i e I ~~ -~~ _ -~ ~ u ~~ A ~g ~~~ a /r~ MI/-.. YJ W~ QY/ .J -.J .... Q ...t Q o N _o ~"" ~; `. ~. a Q a. Exhibit A CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE HEG DATE OF OCTOBER 17, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 SITE SPECIFIC REQUIIZEMENTS-PRELIlVIINARY PLAT 1.1.1 The preliminary plat labeled as Sheet PP-1, prepared by Bailey Engineering, Inc., and dated July 12, 2006, is approved, with the conditions listed herein. Any future development agreement shall also be considered conditions of the Preliminary Plat (PP-06-044). 1.1.2 Cottswold Villages shall be subject to the UDC standards of the ~~~ (Medium Low-Density Residential) zoning district. 1.1.3 The applicant shall amend the ureliminary plat to reflect. at minimum, 8,000 square foot lots, to correspond with the aforementioned zoning district of R-4. 1.1.4 Dedicate and construct all public internal roadways to meet ACHD's road design standards. 1.1.5 Provide a street connection to Assessor's Parcel Number S1129346820 to the east, as depicted on the preliminary plat. 1.1.6 All internal roads and cul-de-sacs shall meet the Meridian Fire Department's requirement of 28' inside / 48'outside turning radius and be constructed in accordance with ACHD's requirements. No parking signs shall be installed around the cul-de-sacs. Modify the applicable roads / cul-de- sacs to reflect this requirement. 1.1.7 All existing buildings that span across proposed lot lines or do not conform to the dimensional standards (setbacks, height, etc.) of the UDC shall be removed, relocated, or made to conform to city code, prior to signature of the final plat by the City Engineer. 1.1.8 The landscape plan prepared by Bailey Engineering, Inc., on July 26, 2006, no label, is approved with the following modifications/notes: • Provide 2.07 acres (10.3% of the site) for landscaped open space. • Per UDC 11-3G-3B5 all parkways that are used as common open space shall be a minimum of eight feet wide from street curb to edge of sidewalk and contain one Class II tree for every 351inear feet of parkway. • The proposed micropathways shall be constructed in accordance with UDC 11-3A-8. All landscaping adjacent to the pathways shall meet the requirements of UDC 11-3B-12. • Per UDC 11-3A-7A-7b, all fencing adjacent to micropathways shall be either four feet (4') in height, if closed vision, or six feet (6') tall if open vision fencing is used. Modify the applicable areas within the landscape plan to reflect this requirement. • Coordinate a tree mitigation plan with Elroy Huff of the Meridian Parks Department. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. The landscape plan is not to be altered without approval of the Planning and Zoning Department. No field changes to the landscape plan are permitted. All standards of installation shall apply as listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). 1.1.9 Maintenance of all common areas shall be the responsibility of the Cottswold Villages Subdivision Homeowners Association. Exhibit B CITY OF MERIDIAN PLADEPARTMENT STAFF REPORT FOR THE HE~G DATE OF OCTOBER 17, 2006 1.2 GENERAL REQUIltEMENTS-PRELIMINARY PLAT 1.2.1 Sidewalks/walkways shall be installed within the subdivision and on Amity Road pursuant to UDC 11-3A-17. 1.2.2 All lot lines common to a public right-of--way shall reserve a 10' utility easement. 1.2.3 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized 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. 1.2.5 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as noted in this report, shall be submitted for the subdivision with the final plat application. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. 1.2.6 The applicant shall submit a fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences shall taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. 1.2.7 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.2.8 Staff's failure to cite specific ordinance provisions or terms of the approved annexation / preliminary plat does not relieve the applicant of responsibility for compliance. 1.2.9 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains under construction in Estancia Subdivision. The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 The applicant shall have to wait to sewer this property (final plat signature) until the Black Cat Trunk connects to the "diverting manhole" at Glacier Springs Subdivision, or be responsible to install a temporary off-peak pumping station in a location coordinated with the Public Works Department. The station design and capacity shall be coordinated with the Public Works Department. The design shall include communication capabilities that are consistent with the City of Meridian's SCADA system. If new information arises from ongoing modeling exercises or other subsequent sources, then this condition may be rescinded by the City Engineer. Exhibit B CITY OF MERIDIAN PLAEPARTMENT STAFF REPORT FOR THE HE~G DATE OF OCTOBER 17, 2006 2.3 As part of the City of Meridian's "to and through" policy the applicant shall be required to extend sewer mains to the western property line in Amity Road. 2.4 Water service to this site is being proposed via extension of mains under construction in Estancia Subdivision. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.5 As part of the City of Meridian's "to and through" policy the applicant shall be required to extend water and sewer mains in both Melwood Street stubs. 2.6 No water valves or manholes shall be allowed within the landscape islands. If water or sewer mains are routed under them no trees shall be allowed unless said mains are sleeved. 2.7 The preliminary plat indicates that a portion of this development is in an A Flood Zone. The applicant shall be responsible to determine the Base Flood Elevation, and any lots are within the flood plain those buildings shall provide Base Flood Elevation Certification prior to building permits. 2.8 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. 2.9 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). 2.10 The applicant has indicated the pressure irrigation system in this proposed development is to be an extension of the system in Bellingham Park, which is a Nampa and Meridian Irrigation District owned system. If it is to be owned and maintained by NMID then a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. 2.11 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. 2.12 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.13 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. 2.14 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. 2.15 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being developed shall be tiled. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.16 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 Exhibit B CITY OF MERIDIAN PL,~SEPARTMENT STAFF REPORT FOR THE HEG DATE OF OCTOBER 17, 2006 Plat for this subdivision shall be recorded, prior to applying for building permits. 2.17 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. 2.18 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. 2.19 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. 2.20 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. 2.21 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 2.22 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.23 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewallc the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.24 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. 2.25 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. 2.26 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 andlor fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4'/z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. Exhibit B CITY OF MERIDIAN PLANNDEPARTMENT STAFF REPORT FOR THE HE~G DATE OF OCTOBER 17, 2006 e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 3.5 All entrance and internal roads, and cul-de-sacs shall have a turning radius of 28' inside and 48' outside radius. 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 No on-street parking shall be allowed along the cul-de-sacs. Vehicles shall be parked in garages, driveways, or along public roads with the subdivision. The cul-de-sacs shall be signed as "No Parking." 3.8 Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 3.9 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. 3.10 Building setbacks shall be per the International Building Code for one- and two-story construction. 3.11 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.12 The Fire Department requests that any future signalization installed as the result of the development of this project be equipped with Opticom sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. The cost of installation is to be home by the developer. 3.13 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.14 Provide exterior egress lighting as required by the International Building & Fire Codes. 4. POLICE DEPARTMENT 4.1 Interior fencing adjacent to common areas and micropathways shall allow visibility from the street and shall not exceed four feet in height is solid fencing is used. 4.2 All micropathways shall have adequate lighting to allow visibility from the street. 5. PARKS DEPARTMENT 5.1 Pathway and Trail Standards: The proposed pathways and / or trail shall be constructed in accordance with the Meridian Parks Department's requirements. 5.2 Standard for Mitigation of Trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.3 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. Exhibit B CITY OF MERIDIAN PLADEPARTMENT STAFF REPORT FOR THE HEG DATE OF OCTOBER 17, 2006 6. SANTrARY SERVICE COMPANY 6.1 Turning Radius: The applicant shall provide a minimum of 50-foot turning radius for all entrance and internal roads, cul-de-sacs, and common driveways. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC REQUIREMENTS 7.1.1 Construct Rangewood Way, located 330-feet east of the southwest property line (measured property line to centerline), as a 54-foot street section within 68-feet of right-of--way, complete with vertical curb, gutter and attached 5-foot concrete sidewalk within the proposed right-of--way. 7.1.2 Construct a 5-foot detached concrete sidewalk along Amity Road and provide an easement to the public for any portion of the sidewalk located outside of the public right-of--way. 7.1.3 Construct Rangewood Way, located 330-feet east of the southwest property line (measured property line to centerline), as a 54-foot street section within 68-feet of right-of--way, complete with vertical curb, gutter and attached 5-foot concrete sidewalk within the proposed right-of--way. 7.1.4 Provide the minimum 21-feet of pavement on all sides of the islands located in the entry road. 7.1.5 Construct the internal roadways as 36-foot street sections within 50-feet of rights-of--way complete with curb, gutter and 5-foot attached concrete sidewalk. 7.1.6 Locate and construct the cul-de-sac turnaround at the terminus of Witney Place with a minimum 45-foot turn radius. 7.1.7 Locate and construct the cul-de-sac at the terminus of Warwick Place with a minimum 45-foot turn radius, center island and a minimum 29-feet of pavement surrounding the island as proposed. 7.1.8 Connect to two existing stub streets to the north and the west of the subject site: Rangewood Way located approximately 340-feet east of the west property line (measured property line to centerline), and Melwood Street located approximately 560-feet south of the northwest property line (measured property line to centerline). 7.1.9 Construct a stub street to the east, Melwood Street, located approximately 565-feet south of the northeast property line (measured property line to centerline). This stub street shall align with and connect to a future street to the east of this site. A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7.1.10 Amity Road is classified as an arterial roadway: all access points to Amity Road will be closed except the access specifically approved with this application: direct lot access to Amity Road is prohibited and should be noted on the final plat. 7.1.11 Comply with all Standard Conditions of Approval. 7.2 GENERAL REQUIREMENTS 7.2.1 Existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACFID 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. Exhibit B CITY OF MERIDIAN PLDEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006 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 ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. NAMPA /MERIDIAN IRRIGATION DISTRICT 8.1 Coordinate with John Anderson, Water Superintendent for NMID, concerning installation of the underground, pressurized irrigation system. 8.2 All storm drainage shall be retained on-site. If surface drainage cannot be contained on site, contact Donna Moore at 466-7861, as a Land Use Change Application must be filed for review prior recording of the final plat. 8.3 All laterals and wasteways must be protected. 8.4 The developer must comply with Idaho Code 31-3805. Exhibit B CITY OF MERIDIAN PLAIG DEPARTMENT STAFF REPORT FOR THE HG DATE OF JULY 20, 2006 C. Legal Description and Annexation Map " ~-"`E`''F; ~O/~~"~Q 145D East Watertov~er St. SURVEY s~lt~ Iso N}eridian, Idaho 83642 GROUP Phone (208) 84b-857Q Fax (208) 88$_5399 Project No. 06-135 Dalton A.nnesatioa Description May 1, 2006 The West 1/2 of the SE 1/4 of the SW 1/4 of Section 29, T.3N., R lE., BM., Ada Couniy, Idaho, mare particularly described as follows: Commencing at the tamer common to Sections 29, 30, 31, and 32 ofT.3N., R1E., B.M.; Thence South 89°43'50" East, 1322.60 feet to the West 1116 Comer common to said Sections 29 and 32, said point being the REAL POINT OF BEGINNING. Thence North 00°OT38" West, 1325A1 Feet to the SW I/16 Comer of said Section 29; Thence youth 89°42'02" East, 665.67 feet to the Northeast corner of the West 1/2 of the SE 1/4 of the SW 1/4; Thence South 00°03'54" West, 1324.64 feet to flee Southeast comer of the West i/2 of the SE I/4 of the SW 1/4 of said Section 29; Thence North 89°43'50" West, 661.22 feet to the Point of Begirming. Containing 20.18 acres, more or less. Prepared By: Idaho Survey Group, P.C. ~~~~ ° ~v w aPPRO ~ ~ ~ t~; r;iCJiAN t'U~1_av ar°rz~cs `e ~ ~ D. Terry Peugb, PLS Professional Land 5urveyot-s Exhibit C CITY OF MERIT; LAI~G DEPARTMENT STAFF REPORT FOR THE ~G DATE OF JULY 20, 2006 S89'42'02"E ~_____ 665:67' ____ I Z I O //O~y I O W al ~' 1 1 I ANNEXATION MAP ~° ~~~~aii En neer~ eY ~ ng, inc. CML ~16iINF.ERRING I PLANNNYii ~ CADD 1~0 E IRON EAGLE OR TEL 208-938.8873 EAGLE, 10 83878 FA% 20&93Bdb18 I ICJ ~w I~/~ Vw. T 1 O 0 Q f~Wp V• T a REVIEW APPROVA BY ` ~~js5 i ~ ZE41~b 149ERIDIAN PUBLIC WORKS DEPT. 1 ~ 1 I REAL POINT ' OF BEGINNING ~ S.30 S.29 ' S89'43_50°E __ 589'4,3_35" 1~4 S.31 S.32 1322.so' ---_N89'43'S0"W ss,_~~~ ~-° FOUND 5/8° IRON PIN 661, 22' FOUND ALUMINUM CAP MONUMENT Exhibit C CITY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE HG DATE OF JULY 20, 2006 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, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone the subject property R-8 (Medium Density Residential). Council finds that the proposed zoning map amendment generally complies with the applicable provisions of the Comprehensive Plan, if the subiect nronerty is zoned R-4 (Medium Low- Density Residentiall. Please see Comprehensive Plan Policies and Goals, Section 8, of this Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council fords that single-family residences aze allowed within the requested zoning district of R- 8 and Council approved zonine district of R-4 as a Principally Permitted Use. The accompanying plat demonstrates the land will be developed with varying lot sizes and other dimensional requirements which conform to the proposed zoning designation. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council fords that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this fording. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council fords that the proposed zoning amendment will not result in any adverse impact upon delivery of services by any political subdivision providing services to this site, as conditioned in the staff report. 5. The annexation is in the best of interest of the City (iJDC 11-5B-3.E). Council fords that all essential services will be provided by the developer to the subject properly and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan and this is a logical expansion of the City limits. Council finds that Annexation and Zoning of this Qroperiy to ~ 4- ~ -4 would be in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed application is generally compatible with the adopted Comprehensive Plan. Council supports the proposed density and proposed plat layout, with recommended changes, as they generally comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. Exhibit D CITY OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR TIC FARING DATE OF JULY 20, 2006 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services can be made available to accommodate the proposed development. (See finding Items 3 and 4 above under Annexation Findings for more details.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis. Staff recommends that 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 unawaze. 6. The development preserves significant natural, scenic or historic features. Staff is unaware of any natural, scenic, or historic features on this site. 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 unawaze. Therefore, Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Exhibit D December 8, 2006 MERIDIAN CITY COUNCIL MEETING December 12, 2006 AZ 06-044 APPLICANT Dan Wood ITEM NO. S-G REQUEST Findings for Approval -Request for Annexation and Zoning of 19 acres from RUT to R-4 zone for Whitebark Subdivision -- 2135 East Amity Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: Ses attached FMdM~s CriY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY WIGHWAY DISTRICT: SANITARY SERVIGE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: U5 WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: r Date: `~ ~~P Phone: ~~~ ~~ _ _.__._ Emailed: <D ~Jt~ 0.i S C 0 Staff Initials: ~- MaFerials pr®seMed aF pu meeting shall becoMe prop~tiy of the Cffy of Meridian. r ~ U CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~~ DEC 0 ~ 2006 City Of iiKeridian i ,~ t:r'4~Y err- ~1F ~', fe ~, ~r~:tia-~c, ~' ~, In the Matter of Annexation and Zoning (AZ) from RUT to R-4 AND Preliminary Plat (PP) approval of 48 building lots and 8 common/other lots on 19 acres, for Whitebark Subdivision, by Dan Wood. Case No(s): AZ-06-044 and PP-06-046 For the City Council Hearing Date of: October 17, 2006 (continued to October 24, November 8, November 21, and November 28, 2006, with fmdings on the December 12, 2006 City Council consent agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 17, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 17, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 17, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 17, 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). AZ-06-044 / PP-06-046 -PAGE 1 of 4 • • 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Deparhnent, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of October 17, 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 August 3, 2006 is hereby conditionally approved; 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of October 17, 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- 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-044 / PP-06-046 -PAGE 2 of 4 C C~ 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 17, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-044 / PP-06-046 -PAGE 3 of 4 By action of the City Council at its regular meeting held on the (Z~% day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED_ `~~P.w COUNCIL MEMBER JOE BORTON VOTED_ C~~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED_`~~ COUNCIL MEMBER KEITH BIRD VOTED_ G~~;~c~. TIE BREAKER MAYOR TAMMY de WEERD VOTED ~+ MAYOR T de WEERD ATTEST: '< ~ a°°°,`°~,~~ ~,'~<,~,~A ~` ,~ e ~ ~~-'h = ~ WILLIAM G. BERG, J ., C CLERK _ _ ~Qy ~ ` Copy served upon: /~ Applicant '~.,, ~~ , ~\~,°°` Planning Departm~fitel/,. ~, ,..„~~``°~ /~ Public Works Department _~~ City Attorney By: City Clerk's Office Dated: la -a 6 - 6 tD CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-044 / PP-06-046 -PAGE 4 of 4 CITY OF MERIDIAN PLASEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006 STAFF REPORT Hearing Date: 10/17/06 , ' ' ~ ~ ~ , °; ;: ~,~_ TO: Mayor and City Council "'~'` ~'~ ~~ ~ ~ ~~ ~' z ~ .4 FROM: Justin Lucas r, ~,~o Associate City Planner ~' ~R ~,r Meridian Planning Department -'°'~~~ map °~ 884-5533 SUBJECT: Whitebark Subdivision • AZ-06-044 Annexation and Zoning of 19 acres from RUT (Ada County) to R-4 (Medium Low-Density Residential) zone • PP-06-046 Preliminary Plat of 48 single-family building lots and 8 common lots on 19 acres in a proposed R-4 zone 1. SUbIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Dan Wood, has applied for Annexation and Zoning (AZ) of 19 acres from RUT (Ada County) to R-4 (Medium Low-Density Residential) and Preliminary Plat approval of 48 single family residential lots and 8 common lots for the Whitebark Subdivision. The site is located on the south side of Amity Road approximately half way between Locust Grove and Eagle Roads in Section 32, Township 3 North, Range 1 East, and is currently referenced as Assessor's Parcel Number S 1132212600. 2. SUMMARY RECOMMENDATION The subject applications (AZ-06-044 and PP-06-046) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. Staff is recommending approval of the proposed Whitebark Subdivision (AZ-06-044 and PP-06-046) with the conditions listed in Exhibit B of the Staff Report. The Meridian Plannine and Zoning Commission heard these items on September 21, 2006. At the public hearine they moved to recommend approval. a. Summary of Commission Public Hearing: i. In favor: Kent Brown, Dan Wood ii. In opposition: None iii. Commenting None iv. Staff presenting application: Justin Lucas v. Other staff commenting on application: Caleb Hood b. Kev Issues of Discussion by Commission: i. Design of cul-de-sac/hammerhead at the terminus of the proposed South Limber Pine Street. c. Kev Commission Changes to Staff Recommendation: i. None d. Outstandins Issue(s) for City Council: i. None Whitebark Subdivision AZ-06-044, PP-06-046 PAGE 1 CITY OF MERIDIAN PLA~NNI~6DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF OCTOBER 17, 2006 .~ i. In favor Kent Brown. Dan Wood ii. In omnosition: None iii. Commenting: None iv. ritten testimony: None v. Staff mresenting annlication: Anna Borchers Carmine vi. Other staff commenting on annlication: None .h, ev Issues of Discussion by Counc'1: i. -Design of the cul-de-sac/hammerhead at the terminus of South Limber Pine Stre ii. -The amount of usable oven space provided in the subdivision ~. ev Council Changes to [''ommiccinn Rernmm .n ation• i. -Removed condition 1.2.6. which required the annlicant to use a cul-de-sac in- stead of the nronosed hammerhead at the terminus of South Limber Pine Street 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 06-044 and PP-06-046 as presented in the Staff Report for the hearing date of October 17, 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 AZ-06- 044 and PP-06-046 as presented during the hearing on October 17, 2006, for the following reasons: (State specific reasons for denial of the annexation and/or preliminary plat request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ-06-044 and PP-06-046 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: 2135 E Amity Road Section 32, T3N, R1E b. Applicant /Owner: Cindy K. Lewis Trust 9754 W. Milclay Street Boise, ID 83704 c. Representative: Kent Brown, Bailey Engineers d. Present Zoning: RUT (Ada County) e. Present Comprehensive Plan Designation: Low Density Residential f. Description of Applicant's Request: Whitebark Subdivision AZ-06-044, PP-06-046 PAGE 2 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEG DATE OF OCTOBER 17, 2006 1. Date of Preliminary Plat (attached in Exhibit A): August 3, 2006 2. Date of Landscape Plan (attached in Exhibit A): August 4, 2006 g. Applicant's Statement/Justification: Ibelieve the design of the Whitebazk neighborhood meets the needs of the governmental agencies reviewing this application. The neighborhood design provides for quality of life in affordable design. The following design elements aze present in the Whitebazk Neighborhood: 1. Whitebazk has created a pedestrian friendly environment for the future residents with the short block lengths and street design that will not encourage drive through traffic. 2. Whitebazk has lazger lots for homebuyers that may want shops in their back yards. 5. PROCESS FACTS a. The subject application will, in fact, constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, 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, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: September 4, 2006, and September 18, 2006 (Planning Commission); September 25, 2006 and October 9, 2006 (City Council) d. Radius notices mailed to properties within 300 feet on: August 25, 2006 (Planning Commission); September 22, 2006 (City Council) e. Applicant posted notice on site by: September 11, 2006 (Planning Commission); October 7, 2006 (City Council) 6. LAND USE a. Existing Land Use(s): Rural Single Family ResidentiaUAgriculture b. Description of Chazacter of Surrounding Area: Rural land uses and some single family homes. Much of the land to the north has already been annexed in to the city and zoned for residential uses. This azea is in transition from Waal to urban. c. Adjacent Land Use and Zoning: 1. North: Rural ResidentiaUAgriculture zoned RUT (Ada County). 2. East: Rural Residential/Agriculture zoned Rl (Ada County). 3. South: Rural ResidentiaUAgriculture zoned RUT (Ada County). 4. West: Rural ResidentiaUAgriculture zoned RUT (Ada County). d. History of Previous Actions:. N/A e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: This property is master planned to sewer to a trunk main located in Messina Meadows. Location of water: This property is proposing water service to future mains installed in Amity Road. Whitebark Subdivision AZ-06-044, PP-06-046 PAGE 3 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF OCTOBER 17, 2006 Issues or concerns: 1.) Main size and routing. 2.) This property is currently not serviceable. 3.) Depending on the applicants timelines an "Off-Peak Pumping Station" may be required. 2. Vegetation: N/A 3. Floodplain: N/A 4. Canals/Ditches/Irrigation: No major facilities are located on this site. 5. Hazards: N/A 6. Proposed Zoning: R-4 7. Size of Property: 19 acres f. Subdivision Plat Information: 1. Residential Lots: 48 2. Non-residential Lots: 0 3. Total Building Lots: 48 4. Common Lots: 8 5. Other Lots: 0 6. Total Lots: 56 7. Open Lots: 0 8. Residential Area: 19 acres 9. Gross Density: 2.52 units per acre 10. Lot Sizes: Lot sizes range from approximately 10,000 square feet to 15,827 square feet. g. Landscaping: 1. Width of street buffer(s): 25 feet along Amity Road. 2. Width of buffer(s) between land uses: N/A. 3. Percentage of site as open space: 1.44 acres (7.6%) 4. Other landscaping standards: Landscaping adjacent to micro-paths should comply with UDC 11-3B-12. h. Proposed and Required Residential Setbacks: As per the R-4 zone for single family dwellings. i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The sole access to the development will be from the proposed South Whitebark Street which connects to Amity Road. Beyond this access point the applicant has proposed three different stub streets East Bird Pine to the west, East Scrub Pine to the East and South Whitebark to the south. The applicant is also proposing eight foot parkway planters with four foot detached sidewalks along all of the proposed streets. In general staff is supportive of the street layout and design. 7. COMMENTS MEETING On September 1, 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 Whitebark Subdivision AZ-06-044, PP-06-046 PAGE 4 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEG DATE OF OCTOBER 17, 2006 and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This properly is designated "Low Density Residential" on the Comprehensive Plan Future Land Use Map. Low density residential areas are anticipated to contain single family residences at densities up to three dwelling units per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 48 residential building lots on 19 acres for a gross density of 2.52 dwelling units/acre. City Council finds that the proposed development is in general compliance with the Comprehensive Plan. The following Comprehensive Plan policies apply to this application: • 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 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 currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriffs Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACIID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter 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. Whitebark Subdivision AZ-06-044, PP-06-046 PAGE 5 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEG DATE OF OCTOBER 17, 2006 Staff is supportive of the proposed pedestrian connection to Amity Road via the proposed sidewalks, as well as the proposed stub streets provided to the west, east and south, which will provide for pedestrian connectivity with future developments in those areas. • 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 zone. Staff finds that the surrounding developments are compatible with the proposal. • 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, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The subject application includes a request for the R-4 zoning designation with a proposed density of 2.56 d. u./acre. Staff finds that the requested zoning designation is generally consistent with the Comprehensive Plan designation for this site and, due to the larger lot sizes, will add to the variety of housing offered in this area of the city. • Chapter VI, Goal II, Objective A, Action 6 -Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. Three stub streets will provide cross-access with the properties to the west, east and south when they develop. 9. UNIFIED DEVELOPMENT CODE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family developments as a Permitted Use 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 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. 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. Whitebark Subdivision AZ-06-044, PP-06-046 PAGE 6 CITY OF MERIDIAN PLAEPARTMENT STAFF REPORT FOR THE HEG DATE OF OCTOBER 17, 2006 6. Turning radius: Common driveways shall be straight or provide atwenty-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 filed 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 shall not be detrimental to the public health, safety, and welfare. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION AND ZONING ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested R-4 zone is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. While currently this property is not contiguous to the City of Meridian corporate boundary, there is another proposed annexation (Cottswold Village Subdivision, AZ-06-042, PP-06-044) that if approved would create an annexation path for this property. Due to this concurrent application staff was able to process the request for annexation made by the applicant with the understanding that annexation of the property would be contingent upon City Council approval and signature of the annexation ordinance for the Cottswold Village Annexation. The annexation legal description submitted with the application (prepared on May 3, 2006, by D. Terry Peugh, PLS) shows the property as contiguous to the corporate boundary of the City of Meridian contingent upon approval of the Cottswold Village Subdivision (AZ-06-042, PP-06- 044) annexation application. Special Considerations: Development Agreement_ UDC 11-SB-3.D.2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that does not negatively impact nearby properties. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. The DA shall incorporate the following: • That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any Whitebark Subdivision AZ-06-044, PP-06-046 PAGE 7 CITY OF MERIDIAN PLDEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006 persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • 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. • That the applicant will be responsible for all costs associated with the sewer and water service extension. • 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 maybe used for non-domestic purposes such as landscape irrigation. • That the following shall be the only allowed uses on this property: detached single family homes and allowed accessory uses of the R-4 zone. • That a maximum of 48 units will be constructed on this site. • That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. • That a street buffer, constructed in accordance with City Code, be installed along Amity Road prior to occupancy of any new dwelling units. • That the Cottswold Village Subdivision (AZ-06-042, PP-06-044) annexation ordinance receives approval and signature from the City Council thereby creating a path of annexation for the proposed Whitebark Subdivision. PRELIlVIINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposal with the Unified Development Code, staff believes that this is a good location for the proposed single-family residential development. Please see Exhibit D for detailed analysis of facts and findings for a preliminary plat. Landscaping: The landscape plan prepared by Jensen Belts Associates, on 8-4-06, is approved with the following modifications/notes: • Per UDC 11-3G-3B5 parkways that are used as common open space shall be a minimum of eight feet wide from street curb to edge of sidewalk and contain one class two tree for every 35 linear feet of parkway. • The proposed micro pathways shall be constructed in accordance with UDC 11-3A-8. All landscaping adjacent to the pathway shall meet the requirements outlined in 11-3B-12. • Per UDC 11-3G-3A, set aside at least 7.6% (1.44 acres) of the site for useable open space, as proposed. • Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Whitebark Subdivision AZ-06-044, PP-06-046 PAGE 8 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF OCTOBER 17, 2006 Common Areas /Open Space_ The applicant is proposing to set aside approximately 7.6% (1.44 acres) of the site as common usable open space. The majority of this open space is located in the parkways adjacent to the streets and one micro-pathway. Even though the open space provided meets the minimum requirements, Staff is concerned about the lack of a common neighborhood gathering area such as a small park or picnic area. Maintenance of all common areas shall be the responsibility of the Whitebark Subdivision Homeowners Association. Stub Streets_ The applicant should be required to provide public stub streets to the Huffman property to the west (Parcel #S1132212650), the Warrick Property to the east (Parcel #S 1132121100) and the Providence property to the south (Parcel #S 1132244715) as proposed. Parcel No. 51132212540 and S1132212510; As proposed, the applicant is not proposing to provide access to the two out parcels to the northeast. ACHD is requiring the applicant to dedicate right-of--way along the entire length of the out parcels located to the northeast abutting the proposed entry road. Staff is supportive of ACHD's requirements because it will help these parcels redevelop in the future without having to take access off of Amity Road. Existing Residences/Buildings_ The site currently contains one out building. All existing buildings shall be removedJre-located in accordance with the building setbacks of the R-4 zone, prior to signature of the final plat by the City Engineer. Hammerhead_ Both the Fire Department and ACHD are not supportive of the hammerhead that is located at the terminus of South Limber Pine. Both of these agencies recommend a standard cul-de-sac design. Staff supports these other agencies and believes that a standard cul-de-sac would be more appropriate for this location. Pressure Irrigation; The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Fencing Six foot solid fencing is shown on the landscape plan around the perimeter of the project. Four foot fencing is shown adjacent to micro pathways. The applicant should submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All perimeter fencing must be completed prior to issuance of building permits. Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of--way. All fencing shall be installed in accordance with UDC 11-3A-7. 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. Whitebark Subdivision AZ-06-044, PP-06-046 PAGE 9 CITY OF MERIDIAN PLAEPARTMENT STAFF REPORT FOR THE HE~G DATE OF OCTOBER 17, 2006 b. Staff Recommendation: Based on the above analysis, staff finds that applications AZ-06-044 and PP- 06-046 substantially conform to the Comprehensive Plan policies and UDC standards. Staff recommends approval of said AZ and PP applications subject to the conditions listed in Exhibit B. The Meridian Planning and Zonins Commission heard these items on Seutember 21.2006. At the public hearing they moved to recommend augroval. ridian City Council heard these items nn nctnher 17_ ctober 24. November 8. November 21. and November 28.2006.On November 28.2006. .itv Duns l approved the subiect anu ication . wi h change 11. EI~~ITS A. Drawings 1. Preliminary Plat (Dated: August 3, 2006) 2. Landscape Plan (Dated: August 4, 2006) 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 Description D. Required Findings from Zoning Ordinance Whitebark Subdivision AZ-06-044, PP-06-046 PAGE 10 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006 A. Drawings 1. Preliminary Plat (Dated: August 3, 2006) --- Ig 6 ~ .'~ .;-} j alo I I ~ a ^ "~' i~ I nogN; -;; E it€~: ~~ ~x ' I' °.s "~ i -~ q,r ' 2 - T~ . - ~f!! - i `. e -J_ Es pp a tl•M - 1. 4 7e('t ~~ { Q8 S T II •~t t ~ ,i a a ~ _ ~ is Y ~ { I ~ '. 3 'I4 __ e ~-._ . P -' s~ a$ ~ ~ --~ ~~ ~_ t ~ ~~ t~ c I e ~y.i.... ~~e° ;ill I!ill~ I~illi ®~~§§~ B1@f~~~A~~R~~6 E R p~ fE f$~° :~, °~ g gR!~b$ ~i~~p6((77 ~~ ~; u B6~ Ra' R 8^ ~ a~6 ~ Exhibit A CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006 2. Landscape Plan (Dated: August 4, 2006) 3 0 D, Z v: D OI ~v ~ k - t I I ~ ~7J I ~ ~I ~ x~ M / ~ ~ I k ¢d rii, { = ; ~ oV Z ~nss -- - C ~ t ~ ° x ~ ~~~ l + " 3 ,qq c C _ l v 1'% L~ ~ ~ r y y Iry i --- - , ~ °~ I~~ II a - y - ___ _ _ _ - - au.r -ao,,o--- - -? -- -- ~ - - - r ` - ~ w - , ~~ ~ ~~qqy 3!3~ i $ i ;\ z ` x ~ v I - ~@ ~ ~F :~p 3 ~ i ® ~fGj . - - r~ ' ~f' ~ ' $ " ~ - , ~ r ~ _i <~ ~ _ . , ` ~ ' ~ D - __ ~ ~'` _ _ i ~ , ~ v -.`` i ~ ~ r; x ~ - --- -Q. ~ C ~B fi C / ~~ ~ ~ ~ I i~ 1 SS 3 i~ u 1 n ~S~ ~ j~iY j n Fp ~ ~y ~~ I~ q ~ P j~~41 ~( ~~ I~ 6 ~ ~ ~` ~ ffF3 _ J~ '°•~: .F ~ ~~2." O P_"_.",_ q ~ B ~~~a~~~66 IP: 4 ^ a~~S~il~~~ @ g ~Q y y ~6~~ dY~~1 A~t i ~~6 ~A5F5F5FAy~ 9$20' .i~ 6 6 +3:~~ ~{ ~^ F 3 ~ 1 D ~ - 9 r ~~~~~~~ e q g~$#~~~@8 ~~~E g~3a~4 m3~ 4 ~ ~p~ y~ ~~ ii 1 ~ f 8~~ ~ -~ ~ ~ ~~ ~ FFFtFfFYS FFFF FFiFFF se° oa;; oso;pS ;a; Exhibit A CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEA~ DATE OF OCTOBER 17, 2006 B. Conditions of Approval 1. PZANNING DEPARTMENT 1.1 ANNEXATION COMMENTS 1.1.1 Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. 1.1.2 The annexation legal description submitted with the application (prepared on May 3, 2006, by D. Terry Peugh, PLS) shows the property as contiguous to the corporate boundary of the City of Meridian contingent upon approval of the Cottswold Village Subdivision (AZ-06-042, PP-06- 044) annexation application. 1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.2.1 The preliminary plat labeled as Sheet 1, prepared by The Land Group, dated August 23, 2006, is approved, with the conditions listed herein. All comments and provisions of the accompanying Annexation and Zoning application (AZ-06-044) and any future development agreement shall also be considered conditions of the Preliminary Plat (PP-06-046). 1.2.2 The landscape plan prepared by Jensen Belts Associates, on 8-4-06, is approved with the following modifications/notes: • Per UDC 11-3G-3B5 parkways that are used as common open space shall be a minimum of eight feet wide from street curb to edge of sidewalk and contain one class two tree for every 351inear feet of parkway. • The proposed micro pathways shall be constructed in accordance with UDC 11-3A-8. All landscaping adjacent to the pathway shall meet the requirements outlined in 11- 3B-12. • Per UDC 11-3G-3A, set aside at least 7.6% (1.44 acres) of the site for useable open space, as proposed. • Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. The landscape plan is not to be altered without approval of the Planning and Zoning Department. No field changes to the landscape plan are permitted. All standards of installation shall apply as listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the fmal plat application(s). 1.2.3 Provide public stub streets to the Huffman property to the west (Parcel #S1132212650), the Warrick Property to the east (Parcel #51132121100) and the Providence property to the south (Parcel #51132244715) as proposed. Exhibit B CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE HEAIfING DATE OF OCTOBER 17, 2006 1.2.4 Provide public street frontage along South White Bark Street abutting parcel numbers 51132212540 and S1132212510. 1.2.5 All buildings that span across proposed lot lines, or do not conform to the dimensional standards (setbacks, height, etc.) of the UDC shall be removed, relocated or made to conform to city code, prior to signature of the final plat by the City Engineer. ~~ TL- -t' - -' 11 -'- - - ~' 1,.,...a ..a aL,... l L n' 'aL 1.2.7 Maintenance of all common areas shall be the responsibility of the Whitebark Subdivision Homeowners Association. 1.2.8 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 Public Works Department prior to construction plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 1.3 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.3.1 Sidewalks/walkways shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.2 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.3 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 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. 1.3.4 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. 1.3.5 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. 1.3.6 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.3.7 Staffs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. Exhibit B CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF OCTOBER 17, 2006 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed and shall be required to be via extension of an 18-inch trunk main planned in Messina Meadows. This property is currently not serviceable and the City of Meridian does not guarantee sewer-ability in the timelines established in the UDC. 2.2 The applicant shall have to wait to sewer this property (fmal plat signature) until the Black Cat Trunk connects to the "diverting manhole" at Glacier Springs Subdivision, or be responsible to install a temporary off-peak pumping station in a location coordinated with the Public Works Department. The station design and capacity shall be coordinated with the Public Works Department. The design shall include communication capabilities that are consistent with the City of Meridian's SCADA system. If new information arises from ongoing modeling exercises or other subsequent sources, then this condition maybe rescinded by the City Engineer. 2.3 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 in conformance of City of Meridian Public Works Departments Standard Specifications. 2.4 The applicant shall be responsible to install a 15-inch sewer line through this development as shown on the preliminary plat. 2.5 Water service to this site is being proposed via extension of mains planned in Amity Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.6 The applicant shall be responsible to upgrade the water main in S. Whitebark Street to 12-inch. This is necessary to comply with the City of Meridian's policy of 12-inch mains on the mile and half-mile. 2.7 The applicant shall be responsible to install sewer and water mains to the end of all stub streets proposed in this development. 2.8 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. 2.9 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). No trees shall be allowed within the sewer easement on Lot 7, Block 4. 2.10 The applicant has indicated Nampa and Meridian Irrigation District will own and operate the pressure irrigation system in this proposed development. Therefore a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. 2.11 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. 2.12 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. Exhibit B CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF OCTOBER 17, 2006 2.13 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. 2.14 Additional width to the public utilities, drainage and irrigation easement along the right-of way shall be dedicated where the sidewalk is located past the right-of--way. The additional width needs to be sufficient to allow for 10 feet of "free and clear" easement past the sidewalk. 2.15 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells maybe used for non- domestic purposes such as landscape irrigation. 2.16 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being developed shall be tiled. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.17 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. 2.18 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. 2.19 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. 2.20 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the fmal plat. 2.21 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. 2.22 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 2.23 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.24 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. 2.25 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. 2.26 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. 2.27 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 Exhibit B CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF OCTOBER 17, 2006 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. FHtE DEPARTMENT 3.1 One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4'/Z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. (The proposed cul-de- sac at the north end of N. Bright Angel Avenue does not meet the turnaround requirements.) 3.5 All entrance and internal roads, alleys, and cul-de-sacs shall have a turning radius of 28' inside and 48' outside radius. The hammerhead at the terminus of South Limber Pine shall be converted into a cul-de-sac that meets emergency vehicle road way requirements. 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 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. 4. POLICE DEPARTMENT 4.1 The micro paths shall be adequately lit to afford greater visibility of the site as policed from the public street. 5. PARKS DEPARTMENT 5.1 The Parks Department has no concerns with the site as submitted with the application. 6. SANITARY SERVICE COMPANY 6.1 Turning Radius: the applicant shall provide a minimum of 50 ft. turning radius. 7. ADA COUNTY HIGHWAY DISTRICT 7.1. SITE SPECIFIC REQUIREMENTS Exhibit B CITY OF MERIDIAN PLDEPARTMENT STAFF REPORT FOR THE HEAHING DATE OF OCTOBER 17, 2006 7.1.1 Dedicate 48-feet of right-of--way, an additional 23-feet, from centerline of Amity Road along the entire site frontage. Construct a 5-foot detached concrete sidewalk not closer than 41-feet from the centerline of Amity Road and provide an easement to the public for any portion of the sidewalk located outside of the public right-of--way. 7.1.2 Construct South Whitebark Street as a local roadway located approximately 470-feet east of the northwest property line (measured centerline to property line) as a 50-foot street section within 64-feet ofright-of--way, complete with vertical curb, gutter and 5-foot attached concrete sidewalk within the proposed right-of--way. 7.1.3 Locate a center island in the entry road at the intersection of Amity Road and provide 21-feet of pavement on all sides of the island. 7.1.4 Dedicate right-of--way along the entire out-parcel located to the northeast abutting the proposed entry road. 7.1.5 Construct the internal roadways as 36-foot street sections within 54-feet of rights-of--way complete with curb, gutter and 4-foot detached concrete sidewalk. Provide an easement to the public for any portion of the sidewalks located outside of the public right-of--way. 7.1.6 Construct three knuckles within the development with center islands as proposed, with a minimum 29-feet of pavement surrounding the islands in the knuckles. 7.1.7 Construct a standard cul-de-sac turnaround at the terminus of South Limber Pine. 7.1.8 Construct a stub street to the east, East Scrub Pine Street, located approximately 500-feet north of the southeast property line (measured property line to centerline). This stub street shall align with and connect to a future roadway to the east of this site. A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WII,L BE EXTENDED IN THE FUTURE". 7.1.9 Construct a stub street to the west, East Bird Pine Street, located approximately 830-feet north of the southwest property line (measured property line to centerline). This stub street shall align with and connect to a future roadway to the west of this site. A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WII,L BE EXTENDED IN THE FUTURE". 7.1.10 Construct a stub street to the south, South Whitebark Street, located approximately 165-feet west of the southeast property line (measured property line to centerline). This stub street shall align with and connect to a future roadway to the south of this site. A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WII.,L BE EXTENDED IN THE FUTURE". 7.1.11 Amity Road is classified as an arterial roadway: all access points to Amity Road will be closed except the access specifically approved with this application: direct lot access to Amity Road is prohibited and should be noted on the final plat. 7.1.12 Comply with all Standard Conditions of Approval. 7.2 GENERAL REQUIREMENTS 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of--way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the Exhibit B CITY OF MERIDIAN PLDEPARTMENT STAFF REPORT FOR THE HE~G DATE OF OCTOBER 17, 2006 construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B CITY OF MERIDIAN PL?DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF OCTOBER 17, 2006 C. Legal Description SU~,VEY ~, ,., t G RO U P Yro~Cr[Ncl tttl-~~l U. , ~ ' ~~ `! rt. ~ ~~t,.,ll ~ ., ;;;~,.~ M;t~~ 1, ?(1(ln ].i'1Yls f~nill'Satii)rl Description A portion of the fiast 112 of the NE 1 /4 of the NW I!4 of Section 3~, '!'.3N., 12.1 E., B.M., flda Cornrty, Idaho, more particularly described as follows: Conuucnciul; at the comer canunon to Sections 29, 3U, 3l, and 32 of T.3N., R.1 E., [3.M.; Thence South 89°43'50" East, 1322.60 feet to the West 1/16 cornercommon to said Sections 29 and 32, said point being the RI?AL POINT Oh BEGINNING. Thence continuing along the North boundary of said Section 32 South 89"43'Stl" East, 500.72 Feet; Thence South 00°18'40" West, 356.50 feet; Thence South 89°43'50" East, 160.50 feet to a point on the North-Sou(lr mid- section line of said Section 32; Thence South 00°]8'40" West, 980.66 feet to the C-N 1/16 corner; 'thence North S9°45' 14" West, 66 ] .99 feet to a 3/4" iron pin set in a concrete filled 6"xS' iron post; Thence North 00°20'39" East, 1337.43 feet to the Point of Beginning. Containnrg 19.0 acres, more or less. Prepared By: Idaho Survey Group, P.C. ~~/SCATINED TO CO~APUTER FILE L~~,/COPIED 70 PROJECT FILE L~ COPIED TO: K B ~~~~ ,.J`~`ni• tp~~ ~. s D. Terry Peugh, PLS ~rofesslona! L~rad our re}~oe•s Exhibit C CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF OCTOBER 17, 2006 O • ~~~ -~ $~~ ~~~~ g ~p ~ ~ ~ ~~ =~ ~ ~ z z ~ ~a ao JQ d a a aY ~ ~ o'er w~ ~ ~ m g Z ~ ~ m ~~ W o~ o ~ ~ ~wW v~W 500'18'40"W ~3 I ~ a~ ,ern ~ ~, I ~ co ~z I ~~~~.~~. ~ co ~ ~ w I ~ ~ zZ rn `°~ n. 00 ~ J W l!1 ~ W m t ~W w' O ---_~_~____~_~ ~ N ~;~ Z ~~ ~ °° ~ Z ~' o a ~ cV ro M i (n i Vl '~ 0 M M ~ U) i ~ o Exhibit C N00'20'39"E 1337.43' CITY OF MERIDIAN PL?DEPARTMENT STAFF REPORT FOR THE HEG DATE OF OCTOBER 17, 2006 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, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-4. City Council finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of this Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; City Council finds that single-family residential uses are allowed within the requested zoning district of R-4 as a Principally Permitted Use. The accompanying plat demonstrates the land will be developed with varying lot sizes and other dimensional requirements which conform to the proposed zoning designation. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this fording. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, City Council fords that the proposed zoning amendment will not result in any adverse impact upon delivery of services by any political subdivision providing services to this site, as conditioned in the staff report. 5. The annexation is in the best of interest of the City (ITDC 11-SB-3.E). City Council finds that all essential services will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan; and this is a logical expansion of the City limits. In accordance with the findings listed above, City Council finds that Annexation and Zoning of this property to R-4 would be in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; City Council fords that the proposed application is in substantial compliance with the adopted Comprehensive Plan. City Council supports the proposed density and proposed Exhibit D CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE HEG DATE OF OCTOBER 17, 2006 plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; City Council fmds that public services can be made available to accommodate the proposed development. (See Finding Items 3 and 4 above under Annexation Findings for more details.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, City Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 6. The development preserves significant natural, scenic or historic features. City Council is unaware of any natural, scenic, or historic features on this site. Therefore, City Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D December 8, 2006 PP 06-046 MERIDIAN CITY COUNCIL MEETING December 12, 2006 APPLICANT Dan Wood ITEM NO. 5-H REQUEST Findings for Approval -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 COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Flndings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: „Q~ CITY SEWER DEPT: ~A 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: d l.~Y Phone: ~~f-~ Emailed: (S to Ini als: Materials presented at publ c me ngs shall be Je property of the Cffy of Merldlan. U ~ ~,~CEIVE~ ®E~ 0 ~ 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER City ~f Mex°iclian City !~~P.T~K_C~ ~~ .6, -raw ~~ ~NYti;:~1 ~ _ c.• tra.~tra y'"~. ~f;~, r ,- In the Matter of Annexation and Zoning (AZ) from RUT to R-4 AND Preliminary Plat (PP) approval of 48 building lots and 8 common/other lots on 19 acres, for Whitebark Subdivision, by Dan Wood. Case No(s): AZ-06-044 and PP-06-046 For the City Council Hearing Date of: October 17, 2006 (continued to October 24, November 8, November 21, and November 28, 2006, with findings on the December 12, 2006 City Council consent agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 17, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 17, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 17, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 17, 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). AZ-06-044 / PP-06-046 -PAGE 1 of 4 • 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 October 17, 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 August 3, 2006 is hereby conditionally approved; 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of October 17, 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- 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-044 / PP-06-046 -PAGE 2 of 4 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 17, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-044 / PP-06-046 -PAGE 3 of 4 By action of the City Council at its regular meeting held on the 12 ~ day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED_~~~Gw COUNCIL MEMBER JOE BORTON VOTED_~~~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED__~~ .Gw COUNCIL MEMBER KEITH BIRD VOTED__~~~ TIE BREAKER ~... MAYOR TAMMY de WEERD VOTED - - - "F':1~AYQR+'~ _ de WEERD .e ~Z F ~ ®d ATTEST: o,®~° ~''~~q~, ~ ®,/o ~® ~~~ WILLIAM G. BERG, J , C CLiti~tK ~ ~~ ~ v ~° Copy served upon: / Applicant ~/',~~''>~/P111 ~~~°°`',o~°`A / Planning Deparfrnent / Public Works Deparhnent City Attorney BY~ ` _ )Q1.~~ ~~/~.A.~ Dated: I a "a 0 - C~ ~ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-044 / PP-06-046 -PAGE 4 of 4 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF OCTOBER 17, 2006 STAFF REPORT Hearing Date: 10/17/06 TO: Mayor and City Council FROM: Justin Lucas Associate City Planner Meridian Planning Department 884-5533 SUBJECT: Whitebark Subdivision • AZ-06-044 ~i ,~ ~. y~ _ ,~ _ , ~ ., . '~y~i ~~ , , ~o~ l ° ~'~ , ~ ~,~ n ~ ~_ ~ V r ,.. Annexation and Zoning of 19 acres from RUT (Ada County) to R-4 (Medium Low-Density Residential) zone • PP-06-046 Preliminary Plat of 48 single-family building lots and 8 common lots on 19 acres in a proposed R-4 zone 1. SUNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Dan Wood, has applied for Annexation and Zoning (AZ) of 19 acres from RUT (Ada County) to R-4 (Medium Low-Density Residential) and Preliminary Plat approval of 48 single family residential lots and 8 common lots for the Whitebark Subdivision. The site is located on the south side of Amity Road approximately half way between Locust Grove and Eagle Roads in Section 32, Township 3 North, Range 1 East, and is currently referenced as Assessor's Parcel Number 51132212600. 2. SUIVIlVIARY RECOMMENDATION The subject applications (AZ-06-044 and PP-06-046) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. Staff is recommending approval of the proposed Whitebark Subdivision (AZ-06-044 and PP-06-046) with the conditions listed in Exhibit B of the Staff Report. The Meridian Planning and Zoninc Commission heard these items on September 21.2006. At the public hearing they moved to recommend approval. a. Summary of Commission Public Hearinc: i. In favor: Kent Brown, Dan Wood ii. In opposition: None iii. Commenting. None iv. Staffpresenting application: Justin Lucas v. Other staff commenting on application: Caleb Hood b. Key Issues of Discussion by Commission: i. Design of cul-de-sac/hammerhead at the terminus of the prop. osed South Limber Pine Street. c. Key Commission Chances to Staff Recommendation: i. None d. Outstandinc Issue(s) for City Council: i. None Whitebark Subdivision AZ-06-044, PP-06-046 PAGE 1 CITY OF MERIDIAN PLADEPARTMENT STAFF REPORT FOR THE HE~G DATE OF OCTOBER 17, 2006 .a.. i. In favor Kent Brown. Dan Wood ii. In opposition: None iii. Commentine: None iv. Written testimony: None v. Staff presenting application: Anna Borchers Cannin_ e vi. Other staff commentine on application: None ~, ev i ue of Di cu ion by o nc'l: i. - Desien of the cul-de-sac/hammerhead at the terminus of South Limber Pine Street: ii. -The amount of usable open space provided in the subd_i_v_is_i_o_n. ~_ Kev Co nc'1 han~e to mmiccion Recnmm .ndatinn~ i. -Removed condition 1 2 6 which required the applicant to use a cul-de-sac in- stead of the proposed hammerhead at the terminus of South Limber Pine Street. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 06-044 and PP-06-046 as presented in the Staff Report for the hearing date of October 17, 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 AZ-06- 044 and PP-06-046 as presented during the hearing on October 17, 2006, for the following reasons: (State specific reasons for denial of the annexation and/or preliminary plat request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ-06-044 and PP-06-046 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: 2135 E Amity Road Section 32, T3N, R1E b. Applicant /Owner: Cindy K. Lewis Trust 9754 W. Milclay Street Boise, ID 83704 c. Representative: Kent Brown, Bailey Engineers d. Present Zoning: RUT (Ada County) e. Present Comprehensive Plan Designation: Low Density Residential f. Description of Applicant's Request: Whitebark Subdivision AZ-06-044, PP-06-046 PAGE 2 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEG DATE OF OCTOBER 17, 2006 1. Date of Preliminary Plat (attached in Exhibit A): August 3, 2006 2. Date of Landscape Plan (attached in Exhibit A): August 4, 2006 g. Applicant's Statement/Justification: Ibelieve the design of the Whitebark neighborhood meets the needs of the governmental agencies reviewing this application. The neighborhood design provides for quality of life in affordable design. The following design elements are present in the Whitebark Neighborhood: 1. Whitebark has created a pedestrian friendly environment for the future residents with the short block lengths and street design that will not encourage drive through traffic. 2. Whitebark has larger lots for homebuyers that may want shops in their back yards. 5. PROCESS FACTS a. The subject application will, in fact, constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, 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, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: September 4, 2006, and September 18, 2006 (Planning Commission); September 25, 2006 and October 9, 2006 (City Council) d. Radius notices mailed to properties within 300 feet on: August 25, 2006 (Planning Commission); September 22, 2006 (City Council) e. Applicant posted notice on site by: September 11, 2006 (Planning Commission); October 7, 2006 (City Council) 6. LAND USE a. Existing Land Use(s): Rural Single Family Residential/Agriculture b. Description of Character of Surrounding Area: Rural land uses and some single family homes. Much of the land to the north has already been annexed in to the city and zoned for residential uses. This area is in transition from rural to urban. c. Adjacent Land Use and Zoning: 1. North: Rural ResidentiaUAgriculture zoned RUT (Ada County). 2. East: Rural ResidentiaUAgriculture zoned Rl (Ada County). 3. South: Rural ResidentiaUAgriculture zoned RUT (Ada County). 4. West: Rural ResidentiaUAgriculture zoned RUT (Ada County). d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: This property is master planned to sewer to a trunk main located in Messina Meadows. Location of water: This property is proposing water service to future mains installed in Amity Road. Whitebark Subdivision AZ-06-044, PP-06-046 PAGE 3 CITY OF MERIDIAN PLt?SEPARTMENT STAFF REPORT FOR THE HE~G DATE OF OCTOBER 17, 2006 Issues or concerns: 1.) Main size and routing. 2.) This property is currently not serviceable. 3.) Depending on the applicants timelines an "Off-Peak Pumping Station" maybe required. 2. Vegetation: N/A 3. Floodplain: N/A 4. Canals/Ditches/Irrigation: No major facilities are located on this site. 5. Hazards: N/A 6. Proposed Zoning: R-4 7. Size of Property: 19 acres f. Subdivision Plat Information: 1. Residential Lots: 48 2. Non-residential Lots: 0 3. Total Building Lots: 48 4. Common Lots: 8 5. Other Lots: 0 6. Total Lots: 56 7. Open Lots: 0 8. Residential Area: 19 acres 9. Gross Density: 2.52 units per acre 10. Lot Sizes: Lot sizes range from approximately 10,000 square feet to 15,827 square feet. g. Landscaping: 1. Width of street buffer(s): 25 feet along Amity Road. 2. Width of buffer(s) between land uses: N/A. 3. Percentage of site as open space: 1.44 acres (7.6%) 4. Other landscaping standards: Landscaping adjacent to micro-paths should comply with UDC 11-3B-12. h. Proposed and Required Residential Setbacks: As per the R-4 zone for single family dwellings. i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The sole access to the development will be from the proposed South Whitebark Street which connects to Amity Road. Beyond this access point the applicant has proposed three different stub streets East Bird Pine to the west, East Scrub Pine to the East and South Whitebark to the south. The applicant is also proposing eight foot parkway planters with four foot detached sidewalks along all of the proposed streets. In general staff is supportive of the street layout and design. 7. COMMENTS MEETING On September 1, 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 Whitebark Subdivision AZ-06-044, PP-06-046 PAGE 4 CITY OF MERIDIAN PL~!DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF OCTOBER 17, 2006 and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Low Density Residential" on the Comprehensive Plan Future Land Use Map. Low density residential areas are anticipated to contain single family residences at densities up to three dwelling units per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 48 residential building lots on 19 acres for a gross density of 2.52 dwelling units/acre. City Council fmds that the proposed development is in general compliance with the Comprehensive Plan. The following Comprehensive Plan policies apply to this application: • 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 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 currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriffs Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACfID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter 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. Whitebark Subdivision AZ-06-044, PP-06-046 PAGE 5 CITY OF MERIDIAN PLASEPARTMENT STAFF REPORT FOR THE HE~G DATE OF OCTOBER 17, 2006 Staff is supportive of the proposed pedestrian connection to Amity Road via the proposed sidewalks, as well as the proposed stub streets provided to the west, east and south, which will provide for pedestrian connectivity with future developments in those areas. 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 zone. Staff finds that the surrounding developments are compatible with the proposal. • Chapter VII, Goal IV, Objective C, Action (low-, medium-, and high-density single apartments, condominiums, etc.) for the p affordable housing opportunities. 10 - Support a variety of residential categories family, multi-family, townhouses, duplexes, upose of providing the City with a range of The subject application includes a request for the R-4 zoning designation with a proposed density of 2.56 d. u./acre. Staff finds that the requested zoning designation is generally consistent with the Comprehensive Plan designation for this site and, due to the larger lot sizes, will add to the variety of housing offered in this area of the city. • Chapter VI, Goal II, Objective A, Action 6 -Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. Three stub streets will provide cross-access with the properties to the west, east and south when they develop. 9. UNIFIED DEVELOPMENT CODE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family developments as a Permitted Use 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 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. 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 standazds: 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. Whitebazk Subdivision AZ-06-044, PP-06-046 PAGE 6 CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF OCTOBER 17, 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 filed 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 shall not be detrimental to the public health, safety, and welfare. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION AND ZONING ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested R-4 zone is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. While currently this property is not contiguous to the City of Meridian corporate boundary, there is another proposed annexation (Cottswold Village Subdivision, AZ-06-042, PP-06-044) that if approved would create an annexation path for this property. Due to this concurrent application staff was able to process the request for annexation made by the applicant with the understanding that annexation of the property would be contingent upon City Council approval and signature of the annexation ordinance for the Cottswold Village Annexation. The annexation legal description submitted with the application (prepared on May 3, 2006, by D. Terry Peugh, PLS) shows the property as contiguous to the corporate boundary of the City of Meridian contingent upon approval of the Cottswold Village Subdivision (AZ-06-042, PP-06- 044) annexation application. Special Considerations: Development Agreement_ UDC 11-SB-3.D.2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that does not negatively impact nearby properties. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. The DA shall incorporate the following: That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any Whitebark Subdivision AZ-06-044, PP-06-046 PAGE 7 CITY OF MERIDIAN PLANNIN~'DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF OCTOBER 17, 2006 persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • 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. • That the applicant will be responsible for all costs associated with the sewer and water service extension. • 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. • That the following shall be the only allowed uses on this property: detached single family homes and allowed accessory uses of the R-4 zone. • That a maximum of 48 units will be constructed on this site. • That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. • That a street buffer, constructed in accordance with City Code, be installed along Amity Road prior to occupancy of any new dwelling units. • That the Cottswold Village Subdivision (AZ-06-042, PP-06-044) annexation ordinance receives approval and signature from the City Council thereby creating a path of annexation for the proposed Whitebark Subdivision. PRELIlVIINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposal with the Unified Development Code, staff believes that this is a good location for the proposed single-family residential development. Please see Exhibit D for detailed analysis of facts and fmdings for a preliminary plat. Landscaping: The landscape plan prepared by Jensen Belts Associates, on 8-4-06, is approved with the following modifications/notes: • Per UDC 11-3G-3B5 parkways that are used as common open space shall be a minimum of eight feet wide from street curb to edge of sidewalk and contain one class two tree for every 351inear feet of parkway. • The proposed micro pathways shall be constructed in accordance with UDC 11-3A-8. All landscaping adjacent to the pathway shall meet the requirements outlined in 11-3B-12. • Per UDC 11-3G-3A, set aside at least 7.6% (1.44 acres) of the site for useable open space, as proposed. • Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the fmal plat application(s). Whitebark Subdivision AZ-06-044, PP-06-046 PAGE 8 CITY OF MERIDIAN PLl~SEPARTMENT STAFF REPORT FOR TIC HEADING DATE OF OCTOBER 17, 2006 Common Areas /Open Space; The applicant is proposing to set aside approximately 7.6% (1.44 acres) of the site as common usable open space. The majority of this open space is located in the parkways adjacent to the streets and one micro-pathway. Even though the open space provided meets the minimum requirements, Staff is concerned about the lack of a common neighborhood gathering area such as a small park or picnic area. Maintenance of all common areas shall be the responsibility of the Whitebark Subdivision Homeowners Association. Stub Streets_ The applicant should be required to provide public stub streets to the Huffinan property to the west (Parcel #S1132212650), the Warrick Property to the east (Parcel #S 1132121100) and the Providence property to the south (Parcel #S 1132244715) as proposed. Parcel No. S1132212540 and S1132212510_ As proposed, the applicant is not proposing to provide access to the two out parcels to the northeast. ACHD is requiring the applicant to dedicate right-of--way along the entire length of the out parcels located to the northeast abutting the proposed entry road. Staff is supportive of ACHD's requirements because it will help these parcels redevelop in the future without having to take access off of Amity Road. Existing ResidencesBuildings_ The site currently contains one out building. All existing buildings shall be removed/re-located in accordance with the building setbacks of the R-4 zone, prior to signature of the final plat by the City Engineer. Hammerhead_ Both the Fire Department and ACHD are not supportive of the hammerhead that is located at the terminus of South Limber Pine. Both of these agencies recommend a standard cul-de-sac design. Staff supports these other agencies and believes that a standard cul-de-sac would be more appropriate for this location. Pressure Irrigation; The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Fencing Six foot solid fencing is shown on the landscape plan around the perimeter of the project. Four foot fencing is shown adjacent to micro pathways. The applicant should submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All perimeter fencing must be completed prior to issuance of building permits. Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of--way. All fencing shall be installed in accordance with UDC 11-3A-7. 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. Whitebark Subdivision AZ-06-044, PP-06-046 PAGE 9 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR TILE HE G DATE OF OCTOBER 17, 2006 b. Staff Recommendation: Based on the above analysis, staff finds that applications AZ-06-044 and PP- 06-046 substantially conform to the Comprehensive Plan policies and UDC standards. Staff recommends approval of said AZ and PP applications subject to the conditions listed in Exhibit B. The Meridian Planning and Zoning Commission heard these items on September 21, 2006. At the public hearing they moved to recommend approval. he Meridian Citv Council heard these items on October 17_ ctober 24. November 8. November 21. and November 28.2006.On November 28.2006. .itv ouncil approved the subiect applications. with chan~ec 11. E~~ITS A. Drawings 1. Preliminary Plat (Dated: August 3, 2006) 2. Landscape Plan (Dated: August 4, 2006) 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 Description D. Required Findings from Zoning Ordinance Whitebark Subdivision AZ-06-044, PP-06-046 PAGE 10 CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF OCTOBER 17, 2006 A. Drawings 1. Preliminary Plat (Dated: August 3, 2006) i ~ ~ ~, F 1 ~3 ~~~ ~ I ~ ' ~r{ ~ ~~ ~~ s 8 a. s o 'LI , ~ r . I ~g"S~$~~ v ^ ~ ~ - '{ ~ gg ggg K=E~ggg@@ a~ a ~ ~d~ ii 6 1~f 6 ~. ~ ~}^4 ~ a~~ R S~R R5 ~F I (, I A I gg$$@@ y ~'~ $P09 E ~ 0i i~ j !°aa ~ . d B~ gv R ~ S4 6 ~~ Q ~~ r 44 -~, ~y, a iqq $ s i g ~ g s [' R l eS~ ( t - ~: _ _ _ p p l~~ R ~ §sR 1 ~ gP 6 ~ j { ~ ~ a fs °~ ~ ~g s R • t. E 6 a ~ i - } 1 g i t i~ ~ ~ €$ r ~ ~! ~'u, e o ~ I ~ ~ I ~'_ A~~k€~ EYR3~~~c1~~~~~ C @ a~ [` g >s g~ _g .~ = T _ ___ _ ~ I iE - - _ _ - ~-. ,.-, ----- ~ A4: ~i°~~ ~1~~ i~ ~~ E~ . ~~- # ~6 ~~~ ~~~1~I~~ ~ 8 9 ig8l~$y:. 1< ~~6~° 9 ~s $ $~ ~ ; ttl E ~~ >: ~~~~ ~~~ € ~z` __.~ -- Exhibit A CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF OCTOBER 17, 2006 2. Landscape Plan (Dated: August 4, 2006) 3 D Z 0 D 0 -- ,wr ~a.s---. - -?-- - ~~ i I 4 ~ ~ giy ~ ~ ;~~ ~ ~ i' ~x _ . ~ m ~' I ~ ~ ~ ~ ~~ W _- _ ~ ~ _ ~ _ -__ .~- J F D - :.~ ,_ _ ~~ _ - - Z _.. '~_ E. .RD ~ / I . _._. __~ V 1 TC i~l C~ 1 V I ~~ : ".i O Z I ~~ ~ ~ ~~ ~ I it '6 Af ': I~ I' ~®I~~ ~ ~i R 1¢ I Icl~ d aff o :p E ~ g $~ :y a CR v4 ) C f, J ~ F pp F Ij~j ~i~l a ~ F,~ ~ ~ ~e~ m° ~$~;", o~ ~y tai ~I~I~ gt a aR ^ ~$cs~f~~~ ~~€~ I g~s`s d~~ ~f $ ~ iga, C 33 xt yy m D S & s55$ i~:93 5~: ~. ~' 'y 3 IAi 8~~~~~ ~~ ~ ~~~ ~~ _ ii i ~~~` ~ i ;I ~ "ss~a ;cs~ s<o ~i~~i~s~a asa; ssvoQ3' aoe Exhibit A CITY OF MERIDIAN PLPSEPARTMENT STAFF REPORT FOR THE HEG DATE OF OCTOBER 17, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS 1.1.1 Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. 1.1.2 The annexation legal description submitted with the application (prepared on May 3, 2006, by D. Terry Peugh, PLS) shows the property as contiguous to the corporate boundary of the City of Meridian contingent upon approval of the Cottswold Village Subdivision (AZ-06-042, PP-06- 044) annexation application. 1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.2.1 The preliminary plat labeled as Sheet 1, prepared by The Land Group, dated August 23, 2006, is approved, with the conditions listed herein. All comments and provisions of the accompanying Annexation and Zoning application (AZ-06-044) and any future development agreement shall also be considered conditions of the Preliminary Plat (PP-06-046). 1.2.2 The landscape plan prepared by Jensen Belts Associates, on 8-4-06, is approved with the following modifications/notes: • Per UDC 11-3G-3B5 parkways that are used as common open space shall be a minimum of eight feet wide from street curb to edge of sidewalk and contain one class two tree for every 351inear feet of parkway. • The proposed micro pathways shall be constructed in accordance with UDC 11-3A-8. All landscaping adjacent to the pathway shall meet the requirements outlined in 11- 3B-12. • Per UDC 11-3G-3A, set aside at least 7.6% (1.44 acres) of the site for useable open space, as proposed. • Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. The landscape plan is not to be altered without approval of the Planning and Zoning Department. No field changes to the landscape plan are permitted. All standards of installation shall apply as listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). 1.2.3 Provide public stub streets to the Huffman property to Warrick Properly to the east (Parcel #S1132121100) and (Parcel #S 1132244715) as proposed. the west (Parcel #S 1132212650), the the Providence property to the south Exhibit B CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF OCTOBER 17, 2006 1.2.4 Provide public street frontage along South White Bark Street abutting parcel numbers 51132212540 and 51132212510. 1.2.5 All buildings that span across proposed lot lines, or do not conform to the dimensional standards (setbacks, height, etc.) of the UDC shall be removed, relocated or made to conform to city code, prior to signature of the final plat by the City Engineer. ~!_ TL 1' L 11 1 aL ~ L .„~ L.,",a „a tL,. a,.......:~. .. ..F WL Tf' 'aL 9 ~ i 1.2.7 Maintenance of all common areas shall be the responsibility of the Whitebark Subdivision Homeowners Association. 1.2.8 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 Public Works Department prior to construction plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 1.3 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.3.1 Sidewalks/walkways shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.2 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.3 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. 1.3.4 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. 1.3.5 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. 1.3.6 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.3.7 Staffs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. Exhibit B CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF OCTOBER 17, 2006 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed and shall be required to be via extension of an 18-inch trunk main planned in Messina Meadows. This property is currently not serviceable and the City of Meridian does not guarantee sewer-ability in the timelines established in the UDC. 2.2 The applicant shall have to wait to sewer this property (final plat signature) until the Black Cat Trunk connects to the "diverting manhole" at Glacier Springs Subdivision, or be responsible to install a temporary off-peak pumping station in a location coordinated with the Public Works Department. The station design and capacity shall be coordinated with the Public Works Department. The design shall include communication capabilities that are consistent with the City of Meridian's SCADA system. If new information arises from ongoing modeling exercises or other subsequent sources, then this condition maybe rescinded by the City Engineer. 2.3 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 in conformance of City of Meridian Public Works Departments Standard Specifications. 2.4 The applicant shall be responsible to install a 15-inch sewer line through this development as shown on the preliminary plat. 2.5 Water service to this site is being proposed via extension of mains planned in Amity Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.6 The applicant shall be responsible to upgrade the water main in S. Whitebark Street to 12-inch. This is necessary to comply with the City of Meridian's policy of 12-inch mains on the mile and half-mile. 2.7 The applicant shall be responsible to install sewer and water mains to the end of all stub streets proposed in this development. 2.8 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. 2.9 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). No trees shall be allowed within the sewer easement on Lot 7, Block 4. 2.10 The applicant has indicated Nampa and Meridian Irrigation District will own and operate the pressure irrigation system in this proposed development. Therefore a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. 2.11 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. 2.12 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. Exhibit B CITY OF MERIDIAN PLASEPARTMENT STAFF REPORT FOR THE HE~G DATE OF OCTOBER 17, 2006 2.13 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. 2.14 Additional width to the public utilities, drainage and irrigation easement along the right-of way shall be dedicated where the sidewalk is located past the right-of--way. The additional width needs to be sufficient to allow for 10 feet of "free and clear" easement past the sidewalk. 2.15 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. 2.16 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being developed shall be tiled. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.17 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. 2.18 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. 2.19 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. 2.20 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. 2.21 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. 2.22 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.23 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.24 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. 2.25 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. 2.26 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. 2.27 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 Exhibit B CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF OCTOBER 17, 2006 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. FIItE DEPARTMENT 3.1 One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. (The proposed cul-de- sac at the north end of N. Bright Angel Avenue does not meet the turnaround requirements.) 3.5 All entrance and internal roads, alleys, and cul-de-sacs shall have a turning radius of 28' inside and 48' outside radius. The hammerhead at the terminus of South Limber Pine shall be converted into a cul-de-sac that meets emergency vehicle road way requirements. 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 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. 4. POLICE DEPARTMENT 4.1 The micro paths shall be adequately lit to afford greater visibility of the site as policed from the public street. 5. PARKS DEPARTMENT 5.1 The Parks Department has no concerns with the site as submitted with the application. 6. SANITARY SERVICE COMPANY 6.1 Turning Radius: the applicant shall provide a minimum of 50 ft. turning radius. 7. ADA COUNTY HIGIIWAY DISTRICT 7.1. SITE SPECIFIC REQUIREMENTS Exhibit B CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF OCTOBER 17, 2006 7.1.1 Dedicate 48-feet of right-of--way, an additiona123-feet, from centerline of Amity Road along the entire site frontage. Construct a 5-foot detached concrete sidewalk not closer than 41-feet from the centerline of Amity Road and provide an easement to the public for any portion of the sidewalk located outside of the public right-of--way. 7.1.2 Construct South Whitebark Street as a local roadway located approximately 470-feet east of the northwest property line (measured centerline to property line) as a 50-foot street section within 64-feet of right-of--way, complete with vertical curb, gutter and 5-foot attached concrete sidewalk within the proposed right-of--way. 7.1.3 Locate a center island in the entry road at the intersection of Amity Road and provide 21-feet of pavement on all sides of the island. 7.1.4 Dedicate right-of--way along the entire out-parcel located to the northeast abutting the proposed entry road. 7.1.5 Construct the internal roadways as 36-foot street sections within 54-feet of rights-of--way complete with curb, gutter and 4-foot detached concrete sidewalk. Provide an easement to the public for any portion of the sidewalks located outside of the public right-of--way. 7.1.6 Construct three knuckles within the development with center islands as proposed, with a minimum 29-feet of pavement surrounding the islands in the knuckles. 7.1.7 Construct a standard cul-de-sac turnaround at the terminus of South Limber Pine. 7.1.8 Construct a stub street to the east, East Scrub Pine Street, located approximately 500-feet north of the southeast property line (measured property line to centerline). This stub street shall align with and connect to a future roadway to the east of this site. A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WII,L BE EXTENDED IN THE FUTURE". 7.1.9 Construct a stub street to the west, East Bird Pine Street, located approximately 830-feet north of the southwest property line (measured property line to centerline). This stub street shall align with and connect to a future roadway to the west of this site. A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WII.,L BE EXTENDED IN THE FUTURE". 7.1.10 Construct a stub street to the south, South Whitebark Street, located approximately 165-feet west of the southeast property line (measured property line to centerline). This stub street shall align with and connect to a future roadway to the south of this site. A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WII.,L BE EXTENDED IN THE FUTURE". 7.1.11 Amity Road is classified as an arterial roadway: all access points to Amity Road will be closed except the access specifically approved with this application: direct lot access to Amity Road is prohibited and should be noted on the final plat. 7.1.12 Comply with all Standard Conditions of Approval. 7.2 GENERAL REQUIREMENTS 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 Exhibit B CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF OCTOBER 17, 2006 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 yeazs old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACRD conduits (spaze or filled) aze compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/vaziance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B CITY OF MERIDIAN PL~SEPARTMENT STAFF REPORT FOR THE HE~G DATE OF OCTOBER 17, 2006 C. Legal Description ~; ~ ~~ - ~ , _. ~- - lDHHO iaot.; ~,~~~.,, ~~ SURVEY ,,,,~„(~,,~~.~ ...,~;~.., ~.s- `~' ~ +~ GROUP G PAuno (.'i C;l s7-1 G.Stii;~ Yroirit Nv (lh-I ~~ Mai 1,2(1(h, ].ctvis Anncsatiou Descrilttiuu A portion of the 1~.ast 1/2 of the NE l/4 of the NW I /4 of Section 32, '!".3N., R.1 E., li.M., tlda County, Idaho, more particularly described as follows: (:onuucnciul; at the corner conunon to Sections 29, 3U, 31, and 32 of T.3N., R.1 F.., I3.M.; Thence 5aulh 89°43'50" East, 1322.60 feet to the West 1/16 corner eonvnon to said Sections 2') and 32, said point being the RI?AL POINT Oh BEGINNING. Thence continuing along the Norh boundary of said Section 32 South 89"43'SU" East, 500.72 feet; Thence South 00°l8'40" West, 356.50 feet; Thence South 89°43'50" East, 160.50 feet to a point on the North-Sau(h mid- section line of said Section 32; Thence South 00°18'40" West, 980.66 feet to the C-N 1/16 corner; "thence North 89°45' 14" West, 661.99 feet to a 3/4" iron pin set in a concrete filled b"XS' ira~ post; Thence North 00°20'39" East, 1337.43 feet to the Point of Begintting. Containing 19.0 acres, more or less. Prepared By: Idaho Survey Grottp, P.C. 1~~,/SCANNED TO COMPUTER FILE L~ COPIED TO PROJECT FILE p~coP1ED To: K B ~~~~~ ~1 ;Y~'F 0'r tj D. Terry Peugh, PLS ~rofessiosaa/ Land curve}~oa•s Exhibit C CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF OCTOBER 17, 2006 ~ ~ ~~ ( ~ J C cs ~ ~ g y ~ $ ~ _U J 1- j W ~ C ~ as ao d $~ • a aY °-~o ~ W es ~ ~ ~ z ~~ ~ w o ~~ m z ~ ~e a ~' ~~ lil o 0 ~ ~a •~ g ww ~ o (7 ~ R V w g soo•18'4o»w soon a'4oMw ~ ~ o r-- ~~Q'--) ~ o ~ cfl i 3 w I N ~~w O N i ~ I~~ ~, Z Z ~ %n :t cfl O) Z O I ~ vrn ~ ~ ~ Ca ~ Z 00 ~ to J W Q m I W W ~ ~O ' i W ~ --------------------------- ---- W N00'ZO'39"E a 1337.43' °° ~' ~ Z o ~ _ ~ cV i M\ N i ~ ~ 0 M M ~ ~ i ~ o Exhibit C CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEAIBNG DATE OF OCTOBER 17, 2006 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, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-4. City Council fmds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of this Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; City Council finds that single-family residential uses are allowed within the requested zoning district of R-4 as a Principally Permitted Use. The accompanying plat demonstrates the land will be developed with varying lot sizes and other dimensional requirements which conform to the proposed zoning designation. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; City Council fmds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this fmding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, City Council finds that the proposed zoning amendment will not result in any adverse impact upon delivery of services by any political subdivision providing services to this site, as conditioned in the staff report. 5. The annexation is in the best of interest of the City (i7DC 11-SB-3.E). City Council finds that all essential services will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan; and this is a logical expansion of the City limits. In accordance with the findings listed above, City Council fmds that Annexation and Zoning of this property to R-4 would be in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; City Council fmds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. City Council supports the proposed density and proposed Exhibit D CITY OF MERIDIAN PL~SEPARTMENT STAFF REPORT FOR THE HEG DATE OF OCTOBER 17, 2006 plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; City Council finds that public services can be made available to accommodate the proposed development. (See Finding Items 3 and 4 above under Annexation Findings for more details.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, City Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 6. The development preserves significant natural, scenic or historic features. City Council is unaware of any natural, scenic, or historic features on this site. Therefore, City Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D CJ December 8, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT Ron Van Auker December 12, 2006 RZ 06-010 • ITEM NO. S-I REQUEST Findings for Approval -Request for a Rezone of 2.20 acres from I-L to a C-G zone for Lanark Property -northwest comer of Eagle Road and Lanark Street (Lots 1 8~ 2, Block 1 of Olsen 8~ Bush Industrial Parkj AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacte R" " ate: ~ 1 ~ ~ Phone: ~ ~~ ~ Emailed: ® ~; C~/v~ ~ ~~ S~ff Initials: ~~ ~c~~oM Materials pr®sented at public mee8ngs shall become property of the City of Meridian. R~cEgv~~l ~E~ Q ~ 2QQ~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER City ®i']ileridian -: fit; ~~Clerk Office s ~ }~ q ~:w~ f ~w;~,~ ,',~ ' ~ In the Matter of Rezoning of 2.20 acres from I-L to C-G for Lots 1 & 2, Block 1, of the Olson & Bush Industrial Park, Phase 1, by Ron Van Auker Case No(s). RZ-06-010 For the City Council Hearing Date of: November 28, 2006 (Findings on the December 12, 2006, Council agenda) A. Findings of Fact 1. Hearing Facts (See attached Staff Report for the hearing date of November 28, 2006, incorporated by reference.) 2. Process Facts (See attached Staff Report for the hearing date of November 28, 2006, incorporated by reference.) 3. Application and Property Facts (See attached Staff Report for the hearing date of November 28, 2006, incorporated by reference.) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 28, 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. 02-3 82 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). RZ-06-010 U • 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description and Development Agreement Provisions listed in the attached Staff Report for the hearing date of November 28, 2006, incorporated by reference. The Provisions are concluded to be reasonable and the applicant shall meet such requirements as approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that the Applicant's request for rezoning is approved subject to the provisions listed in the attached Staff Report for the hearing date of November 28, 2006, incorporated by reference, with the following modifications made at the City Council hearing on November 28, 2006: 1. That the applicant install a 5-foot landscaping buffer along the west property boundary. 2. Cross-access between the subject property and the property to the west is not required. D. Attached: Staff Report for the hearing date of November 28, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). RZ-06-010 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 ~2~ day of VOTED_~ J~~ VOTED_ ~V~~ VOTED__~~~ VOTED--~'~/+~ VOTED -' .ry 4 ~w: NIt~XO-R' "~, de WEERD ATTEST: ~~~,`~(®°~'+~~+~ ~~nv~~` ' ~~[~,ydgdq~OJ®r`,. ~A ~S" ,'~l'A~v i~ Q~~ F7 /r ~~~ ° ~ ~_ ` ~I~1~,Lti.D WILLIAM G. BERG, JR., C CLERK ~, ®/d°t ~ 1 ~~`S~aov~ 4 Copy served upon: V Applicant s/%~~~~~~n~~i~~~~~~~~\~ / Planning Department -~ Public Works Department ~ City Attorney By: Dated: 12 - 20 - O t.~ i Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). RZ-06-010 CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28, 2006 STAFF REPORT Hearing Date: 11/28/2006 TO: Mayor & City Council FROM: Amanda Hess, Associate City Planner 884-5533 SUBJECT: Lanark Rezone • RZ-06-010 s _~_~ ~~ 4 ~o.~o-+o ~, ~~~ _ ~a'~s~rp=~ .f9.9.~4v+"' Rezone of 2.20 Acres from I-L (Light Industrial) to C-G (General Retail and Service Commercial) 1. 5UNIMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Ron Van Auker, has applied for a Rezone (RZ) of 2.20 acres from I-L (Light Industrial) to C-G (General Retail and Service Commercial). The Applicant intends to construct office and retail uses on this site that are not allowed within the Light Industrial zone. The subject property is located at the northwest comer of East Lanark Street and Eagle Road in Section 8, Township 3 North, Range 1 East, B.M., and is currently referenced as Assessor's Parcel Numbers 86510580012 and 86510580020. This property is within the Urban Service Planning Area and the corporate boundaries of the City of Meridian. This site, Lots 1 & 2, Block 1, of the Olson & Bush Industrial Park, Phase 1, is currently vacant. The other lots within the Olson & Bush Industrial Park, Phase 1, have been fully developed built-out. Lot 1, Block 1, of the subject site, has direct frontage on Eagle Road and E. Lanark Street. Lot 2 also fronts E. Lanark Street. The applicant has submitted a conceptual site plan and elevations for this site. The applicant is proposing to make site improvements (landscaping, pathways, etc.) at the time of submittal for a Certificate of Zoning Compliance (CZC). At that time, Planning Staff will require site improvements in accordance with the Unified Development Code, including but not limited to, parking and landscaping. As the subject property also lies within an entryway corridor, the applicant will also be required to submit for Design Review of the proposed structure. The proposed zoning amendment (RZ) is not consistent with the 2002 Comprehensive Plan Future Land Use Map, which deems the appropriate land uses for this site, "Industrial." Despite the Comprehensive Plan Land Use Map designation of "Industrial" for this area, the applicant's request to rezone the property to C-G is generally compatible with the surrounding land uses, as there is extensive commercial development along Eagle Road including, but not limited to, the big box retail furniture store located directly east of the site. 2. SiT1VIlVIARY RECOMMENDATION While the Comprehensive Plan Zoning Map's designation for the subject property is Industrial, staff believes that the policies of the Comprehensive Plan and the existing conditions in this area support the proposed zoning amendment. Therefore, Staff recommends approval of RZ-06-010, as presented in the staff report for the hearing date of November 2, 2006, based on the Findings of Fact as listed in Exhibit D and subject to the Conditions of Approval outlined in Exhibit B. The Meridian Plannins and Zoning Commission heard this item on November 2, 2006. At the public hearing, they moved to recommend approval. a. Summary of Commission Public Hearing: i. In Favor: Brad Miller ii. In OnUosition: None Lanark Rezone - RZ-06-010 PAGE 1 CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEAI~G DATE OF NOVEMBER 28, 2006 iii. Commenting: None iv. Written Testimony: Ron Van Auker (Applicant) v. Staff Presentin A lication: Amanda Hess vi. Other Staff Commenting on Application: Caleb Hood Mike Cole b. Key Issues of Discussion by Commission: i. The vacation of a public utilities / drama eg / irrigation easement which spans the rp operiy line common to Lots 1 & 2; ii. The Applicant's request to postpone installation of sidewalk along Eagle Road until such time that ITD widens Eagle Road -timing of Eagle Road widening in this area; iii. The Applicant's request to eliminate the Design Review requirement to install the 8-foot pedestrian walkway from the perimeter sidewalk to the building entrance; and iv. The Applicant's request to install a 5-foot wide land use buffer (between I-L zoned property and proposed C-G zoned property) on the western property boundary_,_where staff has requested 10 feet. c. Key Commission Changes to Staff Recommendation: i. Elimination of sidewalk along the western side of the proposed structure. d. Outstanding Issues for City Council: i. Commission did not amend the proposed Development Agreement provisions listed in Section 10 of the staff report to include the Staff-requested requirement that the applicant vacate the utilities /drainage /irrigation easement np 'or to submittal of the Certificate of Zoning Com liance CZC~ ii. Staff has received confirmation that TID does not have imminent plans for expansion /improvements of Eagle Road between Fairview Avenue and Franklin Road (it is currently not a funded project). ITD's future concept plan for this section does show a 10-foot wide pedestrian path along Eagle Road to be constructed either within or outside of the ri t-of--way (within the City's landscape buffer). TTD's future plan is to install the ap th adjacent to older proiects where the City did not require said installation originally. However TI'D is looking for the City to rovide edestrian walkways with all new development applications along the corridor, in anticipation of these walkways being connected when Eagle Road is improved someday ®n Noveneber 2S, 2006, City Council approved the subject application. a. Summary of Citv Council Public Hean~g: i. In favor: Brad Miller ii. In opposition: one iii. Commenting: _ one iv. Written testimony: Brad Miller v. Staff presenting ap lication: Anna Borchers Carmine vi. Other staff commenting on application: one b. ev Issues of Discussion by Council: i The Applicant's request to ~ostnone installation of sidewalc along Eagle Road until such time that TI'D widens Eagle Road and the uncertainty of the timing o Eagle Road widening for the area• ii a Applicant's request to eliminate cross-access between the subject property and the property to the west, zoned I-L: and iii. The Applicant's request to install a 5-foot wide land use buffer (between I-L zoned property and proposed C-G zoned propertvl on the western property boundary. where staff has requested 10 feet. Lanark Rezone - RZ-06-010 PAGE 2 CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF NOVEMBER 28, 2006 c. Key Council Chances to Commission Recommendation: ~ i. That the annlicant install a 5-foot land canine buffer along the west row boon ii. Cross-access between the subiect nronerty and the property to the west is not required. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Number RZ- 06-010 as presented in the staff report for the hearing date of November 28, 2006, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to recommend deny File Number RZ-06-010 as presented during the hearing on November 28, 2006, for the following reasons: (State specific reasons for denial of the annexation and/or preliminary plat request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Number RZ- 06-010 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: 3180 E. Lanark Street Lots 1 & 2, Block 1, Olson & Bush Industrial Park Section 8, T3N, R1E b. Owner /Applicant: Ronald Van Auker 3084 E. Lanark Street Meridian, ID 83642 c. Architect: Cornel Larson, Larson Architects d. Present Zoning: I-L e. Present Comprehensive Plan Designation: Industrial f. Applicant's Statement/Justification: The applicant is requesting rezoning so the proposed on-site development of retail and office uses can be supported by the appropriate zoning designation of "Commercial." The zoning amendment will be harmonious with the adjacent commercial development along Eagle Road which has akeady, or is anticipated to develop. The two-story building will feature a single retail use on the ground floor with multiple office spaces to be located on the second floor. The project will provide landscaping in accordance with the UDC. The fagade of the structure will be composed of stucco and stone in earth tones. The building will also feature tension canopies at the retail windows. Lanark Rezone - RZ-06-010 PAGE 3 CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28, 2006 5. PROCESS FACTS a. The subject application will, in fact, constitute a rezone as determined by City Ordinance. By reason of the provisions of UDC 11-SA-2D, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: October 16 & October 30, 2006 (P & Z Commission); November 6 & November 20, 2006 (City Council) c. Radius notices mailed to properties within 300 feet on: October 6, 2006 (P & Z Commission); November 3, 2006 (City Council) d. Applicant posted notice on site by: October 23, 2006 (P & Z Commission); November 18, 2006 (City Council) 6. LAND USE a. Existing Land Use(s): Vacant b. Description of Character of Surrounding Area: Commercial, Industrial Uses, & Office Uses c. Adjacent Land Use and Zoning 1. North: Union Pacific Railroad, zoned I-L 2. East: Willey Subdivision, zoned C-G 3. South: Olson & Bush Industrial Park, zoned I-L 4. West: Olson & Bush Industrial Park, zoned I-L d. History of Previous Actions: Olson & Bush Industrial Park No. 1 was granted annexation / zoning /plat approval back in the late 1980's. Staff does not have documentation pertaining to this. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Sewer is available in Lanark. Location of water: Water is available in Lanark. Issues or concerns: No concerns. 2. Vegetation: N/A 3. Floodplain: N/A 4. Canals/Ditches Irrigation: A large ditch runs along the eastern and northern boundaries of this site. 5. Hazards: N/A 6. Proposed Zoning: C-G 7. Size of Property: 2.20 acres Lanark Rezone - RZ-06-010 PAGE 4 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF NOVEMBER 28, 2006 f. Summary of Proposed Streets and/or Access: The subject property will be directly accessed via E. Lanark Street. No new accesses are proposed with the application to Eagle Road. Direct lot access to Eagle Road should be prohibited. Any new access point to Lanark Street must be approved by ACHD. 7. COMMENTS MEETING On October 13, 2006, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Pazks Department, Meridian Public Works Department, and the Sanitary Services Company. No significant comments were received from any agencies or departments. Staff has included all comments and recommended actions in the attached Exhibit A. Because this is only a rezone application, there aze no conditions of approval. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated on the Comprehensive Plan Future Land Use Map as "Industrial." The Comprehensive Plan defines the Industrial district as: "Areas designated to allow a range of industrial uses to support industrial and commercial activities and to develop with sufficient urban services. In light industrial areas, uses may include wazehouses, storage unites, light manufacturing, and incidental retail and office uses. Heavy industrial azeas may include processing, manufacturing, wazehouses, storage units, and industrial support activities. In all cases, standards for screening, landscaping, and adequate access would be developed and implemented." Although this designation is not consistent with the proposed G-G (General Retail and Service Commercial) zone, staff finds that there is a strong azgument for saying that the policies set forth in the comprehensive plan do support a commercial use on this site. A key component of this azgument is the relative flexibility of Meridian's Comprehensive Plan (quoted below) as described in Chapter I, Section B of the Comprehensive Plan. "The Meridian Comprehensive Plan is an official policy guide for decisions concerning the physical development of the community. It indicates, in a general way, how the community may develop in the next five to ten yeazs." 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." While the proposed zone does not explicitly comply with the Comprehensive Plan Land Use Map, staff, upon further analysis, finds that it would be acceptable to extend the "Commercial" designation to this property as the proposed zone does fit with the development patterns of the surrounding area. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis below policy in italics): • Chapter VII, Goal IV, Objective D, Action 7 -Encourage "...high density development along major transportation corridors..." The subject property has frontage on SH 55 /Eagle Road, a principal arterial roadway. This proposed commercial and office development will complement adjacent commercial uses. Lanark Rezone - RZ-06-010 PAGE 5 CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28, 2006 • Chapter VII, Goal IV, Objective D, Action 5 - "Require appropriate landscape and buffers along transportation corridors..." At the time of submittal for a Certificate of Zoning Compliance, Staff will require the applicant to provide landscaping per the UDC standards including, but not limited to, within the parking area, the buffering adjacent to Eagle Road and Lanark Street. • Chapter VII, Goal IV, Objective D, Action 4 - "Integrate pathway /bikeway plans to ensure appropriate access along the right-of-way." Per the UDC standards, Staff will require the applicant to provide a ten foot wide detached sidewalk along Eagle Road and attached sidewalk on Lanark Street at the time of submittal for a Certificate of Zoning Compliance. 9. ZONING ORDINANCE a. Allowed Uses in Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory, and conditional uses in the C-G zoning district. Retail stores, offices uses, and service-based industries are either principally or conditionally permitted uses within the C-G zone. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation REZONING ANALYSIS: Based on the compliance of the proposed development with the Unified Development Code and the general conformance with the policies and goals contained in the Comprehensive Plan, staff believes that rezoning the subject property from I-L to C-G is justifiable. Please see Exhibit D for detailed analysis of the required facts and findings for rezoning. The legal description for rezoning submitted with the application (prepared on August 8, 2006, by Todd R. Waite, PLS) shows the property within the existing corporate boundary of the City of Meridian. A Development Agreement (DA) will be required as part of rezoning of this property. Prior to rezoning approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezoning ordinance adoption, and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. The DA shall include, at minimum, the following: 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. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development, as well as any requirements of this site associated with annexation and platting of the Olson & Bush Industrial Park. The applicant shall be responsible for all costs associated with sewer and water service installation. Lanark Rezone - RZ-06-010 PAGE 6 CITY OF MERIDIAN PLASJ~EPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28, 2006 • The following shall be the allowed uses on this property: Permitted and accessory uses within the C-G zone. All conditionally permitted uses in said zone shall be subject to CUP approval. • The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit from the Planning Department is prior to and construction on the subject site. The applicant shall also submit a Design Review application to the Planning Department concurrent with the CZC application for the proposed structure. • The applicant shall be allowed to construct only one driveway access to E. Lanark Street, location to be approved by the Ada county Highway District (ACRD). • The applicant shall construct, at minimum, a 5-foot landscape buffer in accordance with UDC policies to be located along the westernmost property boundary. The applicant shall also construct, at minimum, a 35-foot wide landscape buffer along Eagle Road. • The applicant shall complete all required improvements prior to obtaining a Certificate of Occupancy for the proposed development. • The applicant shall install sidewalks around the structure, ~esed ezcludin~ the west side of the buildins, an 8-foot wide pedestrian pathway from the perimeter sidewalk to the proposed building entrance, and a 10-foot wide walkway along Eagle Road. Concept Plan: The applicant has submitted a concept plan for this site. Staff is generally supportive of the concept plan submitted with the rezone application, with the following comments: 2. Access: There are two proposed access points to the subject site. Both are full access driveways from E. Lanark Street located at the south property line. Staff is supportive of one access to E. Lanark Street. Staff has concerns about possible traffic conflicts with two drive accesses in such close proximity to Eagle Road. Staff also believes that the proposed cross access to the adjacent lot eliminates the need for multiple driveways to Lanark. 3. Landscaping. The applicant has not provided a landscape plan for review at the rezoning stage. However, Staff will require the applicant to provide landscaping per the UDC standards including, but not limited to, within the parking area, and the buffering adjacent to Eagle Road and Lanark Street. Per UDC 11-3B-9B, all developing industrial lands must provide a landscape buffer along any boundary adjacent to commercial and residential districts. The industrial property to the west has been considered existing for years and, for that reason, Staff believes should not be required to bear the responsibility to install the buffer. Staff does believe that, although not required by Ordinance, a minimum 10-foot wide landscape buffer is warranted between the subject commercial property and the lot to the west, and said buffer should be installed by the applicant. 4. Parking: The applicant's concept plan proposes 76 parking stalls. Only 25 parking stalls are required by Ordinance. UDC Table 11-3C-1 requires 90-degree parking stalls to be 19-feet long, adjacent to 25-foot wide drive aisles. UDC 11-3C-SB-4 allows parking stall dimensions to be reduced by 2 feet in length if 2 feet is added to the width of adjacent sidewalk or landscape area. Compact stalls may be reduced in depth by an additional two feet. UDC 11-3A-17A requires all sidewalks to be at least 5-feet wide. 5. Design Review StandaYds: Eagle Road is designated as an entryway corridor. UDC 11-3A- 19B5 requires all structures on property adjacent to an entryway corridor to obtain administrative design review approval. All future building(s) on this site will be subject to design review. Staff is supportive of the conceptual elevation for the front fagade, which is to Lanark Rezone - RZ-06-010 PAGE 7 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28, 2006 face Eagle Road. However, the north and south fagades of the proposed structure will also be highly visible from Eagle Road, and Staff will require elevations for these at the time of administrative design review. A. Architectural Character i. Facades: Facades visible from a public street shall incorporate modulations in the facade, roof line recesses and projections along a minimum of twenty percent (20%) of the length of the facade. ii. Primary public entrance(s): The primary building entrance(s) shall be clearly defined by the architectural design of the building. Windows, awnings, or arcades shall total a minimum of thirty percent (30%) of the facade length facing a public street. iii. Roof lines: Roof design shall demonstrate two or more of the following: a) overhanging eaves, b) sloped roofs; c) two or more roof planes; d) varying parapet heights; and e) cornices. iv. Pattern variations: At least two changes in one or a combination of the following shall be incorporated into the building design: color, texture, and / or materials. v. Mechanical equipment: All ground-level and rooftop mechanical equipment shall be screened to the height of the unit as viewed from the property line. B. Color and Materials: Exterior building walls shall demonstrate the appearance of high- quality materials of stone, brick, wood or other native materials. Acceptable materials include tinted or textured masonry block, textured architectural coated concrete panels, tinted or textured masonry block, or stucco or stucco-like synthetic materials. Smooth- faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials. C. Parking Lots: No more than seventy percent (70%) of the off-street parking area for the structure shall be located between the front facade of the structure and abutting streets, unless the principal building(s) and / or parking is /are screened from view by other structures, landscaping and/or berms. D. Pedestrian Walkways: i. A continuous internal pedestrian walkway that is a minimum of eight feet (8') in width shall be provided from the perimeter sidewalk to the main building entrance. The walkway width shall be maintained clear of any outdoor sale displays, vending machines, or temporary structures. ii. The internal pedestrian walkway shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. iii. Walkways at least eight feet (8') in width, shall be provided for any aisle length that is greater than one-hundred fifty (150) parking spaces or two hundred feet (200') away from the main building entrance. iv. The walkways shall have weather protection (including but not limited to an awning or arcade) within twenty of all customer entrances. Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC) permit is to ensure that all construction, alterations and/or the establishment of a new use complies with all of the provisions of the UDC before any work on the structure is started and/or the use is established (UDC 11-SB-lA). To ensure that all of the conditions of approval listed in Exhibit B are complied with, Staff will require the applicant to obtain CZC approval from the Planning Department prior to building construction, where all site and landscaping improvements must be installed prior to occupancy. b. Staff Recommendation: While Staff is supportive of rezoning without securing a Comprehensive Plan Amendment in this instance, Staff fmds that such unconventional interpretation of the Lanark Rezone - RZ-06-010 PAGE 8 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF NOVEMBER 28, 2006 Comprehensive Plan policies is only appropriate in very limited cases. For example, in the subject case where only a minor extension of the zoning boundaries, or "bump," for a small, immediately adjacent property. And where due consideration of the neighbors and the compatibility of surrounding land uses should be taken into account. Staff believes that the proposed zoning amendment will be harmonious with other adjacent properties along Eagle Road in this area which have already, or are anticipated to develop with uses allowed in the C-G zone. And, based on the compliance of the proposed development with the Unified Development Code and the general conformance with the policies and goals contained in the Comprehensive Plan, Staff believes that rezoning the subject property from I-L to C-G is warranted. Therefore, Staff recommends approval of the proposal (RZ-06-010) subject to the conditions listed in Exhibit B. On November 2, 2006. the Meridian Planning and Zoning Commission voted to recommend angroval of the subiect auulication. the subiect ann ication 11. EI~~ITS A. Drawings 1. Vicinity /Zoning Map 2. Conceptual Site Plan 3. Conceptual Building Elevations B. Agency Comments 1. Planning Department 2. Fire Department 3. Police Department 4. Parks Department 5. Idaho Power 6. Nampa /Meridian Irrigation District 7. Central District Health Department C. Legal Description D. Required Findings from Unified Development Code Lanark Rezone - RZ-06-010 PAGE 9 CITY OF MERIDIAN PLANNINARTMENT STAFF REPORT FOR THE HEARIIQG DATE OF NOVEMBER 28, 2006 A. Drawings 1. Vicinity 1 Zoning Map Lanark Rezone Vicinity/Zoning Map o ~~ 2~ ~ Feet cawn~cu: L-C+ Subject. IIJNION' _. ~ ~. -:~~z I-L ~1 Z, o; ;', FFWNIdIIU L-C+ se-t .oo ,. ,, ~~ LOLi LS'E~--! r~ ~ ~~.. Exhibit A PAGE 10 CITY OF MERIDIAN PLANNIN~ARTMENT STAFF REPORT FOR THE HDATE OF NOVEMBER 28, 2006 2. Conceptual Site Plan As`~ 9.90.tf 4h 1 V ' ~~ 4~ ~ ~ ~ ~ ~ i ~~ ~~ ~ 6i. ' a-- --,--~ ~ ~ g t ~ { -- ~~ ~ ~.. g .~ ~~ -~- - ~ ~~ ~~ ~ ~ ~_ ,~ ~ ~ ~ ~ ~~ ~' 9 ` f ~ ~ ~ 1 - ~ ~~ =~~~ ~~ , "~ D ~ ~ ~~ ~~~ r. o € ~~ ~8~~ ~ ~ ~ a t w ~. ~ ~ ~~~~ ~~ a Exhibit A CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28, 2006 3. Conceptual Building Elevations ..... '~ J ~. n Exhibit A CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF NOVEMBER 28, 2006 B. Agency Comments 1. PLANNING DEPARTMENT 1.1 Prior to rezone ordinance approval, the applicant shall enter into a Development Agreement that incorporates the provisions as listed in Section 10 of the Staff Report. The rezoning legal description submitted with the application (dated August 8, 2006, stamped by Todd R. Waite, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.2 The applicant should comply with all previous requirements of this site associated with annexation and platting, as well any permits or regulations that may be in effect for the Olson & Bush Industrial Park. 1.3 The applicant should obtain a Certificate of Zoning Compliance (CZC) permit from the Planning Department prior to construction of the building shell. 1.4 This site is subject to administrative design review approval, as the site is adjacent to Eagle Road, an entryway corridor. Prior to any construction on this site, Design Review and CZC applications should be submitted concurrently to the Planning Department for review and approval. 1.5 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 1.6 All sidewalks/walkways should be installed on the subject site pursuant to UDC 11-3A-17. 1.7 The applicant should comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.8 All business signs require a separate sign permit in compliance with the sign ordinance. 1.9 Staff s failure to cite specific ordinance provisions or terms of the Olson & Bush Industrial Park Subdivision does not relieve the applicant of responsibility for compliance. 2. FIRE DEPARTMENT 2.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 2.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners-when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 2.3 Commercial and office occupancies will require a fire flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per appendix D. 2.4 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants Exhibit B CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEARIIQG DATE OF NOVEMBER 28, 2006 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). 2.5 Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least three means of fire apparatus access for each structure. Two of the access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line. 3. POLICE DEPARTMENT 3.1 The Police Department has no concerns related to the site design submitted with the application. 4. PARKS DEPARTMENT 4.1 The Parks Department has no concerns with the site design as submitted with the application. 5. IDAIIO POWER 5.1 Idaho Power has sufficient power capacity and will provide electric service to the development, provided the applicant abides by the Rules, Rates, and Regulations as approved by the Idaho Public Utilities Commission, and proper right-of--way can be obtained. 5.2 There is an existing 230kVline on site, so Idaho Power requests a 35-foot setback from the center of the line be a no-building zone. 5.3 The applicant should contact the local Idaho Power Company Operations Center with a formal request for service. 6. NAMPA /MERIDIAN IRRIGATION DISTRICT 6.1 Nampa /Meridian Irrigation District has no comment. 7. CENTRAL DISTRICT HEALTH DEPARTMENT 7.1 The Central District Health Department has no objections to the proposal Exhibit B CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEA1~G DATE OF NOVEMBER 28, 2006 C. Legal Description ~ginoers ~ ~urve~ars pox. c~>~d Bail rya ~ (2~lS) 3~6•~55~ Fax ( 42~ P".AI, Z33I L~.l ~T~~ illV~.~111 Y R~UNL D ON LSU 00 I~ 1 e~ 3, Bhp 1, of Ols~ ami B a pcfttlo~ c~Pt1~ llc ~p ~~~gqp~y~~ t t~l}s~~~id`,L~~ts i~g i~ t~ R-.,~ {, 1/~4N~of~t,1~ Yl4 t~f S~d~n ~, i ,.7Lty A iL'.p BaEYl., ~ ! , {I o~~~ u~VSaY 6flSF ~7L11i11lV~~ ~~ ~~~ Y-;_. l~aviog s~sd ~ N OU°55'~ ~ f~.r S of 25.1 £~ t® t~ POINT `~;;, OIL BB{~ Qr; x.20 of lam, ire or 1~. ~T to of Sys for )eagle ec~ std I.a~ark 5, ~: T~1 R Wade P.L. S. C: aad diY 7 Exhibit C CITY OF MERIDIAN PLASEPARTMENT STAFF REPORT FOR THE HG DATE OF NOVEMBER 28, 2006 ~ ~s ~~~~ ~ ~ ~ s ? ~ ` ~` ~ ~ ~~ ~ ~ r a r ~ ~ r~, ~ ~e+~~•. vW.a v..~ E ^ ~ ~ ~ ~~ ~ _~~ "T ~ ~ ~ ' ~" ~y YV6 ty=] y~m~ ~y~q; ~ M y ... ,~ ~~ ~,tfi ... ~ ,~1Y8~ _ , }.~i ,86'S8~ lii ~IDQ.9~i0CY S `F.}t ~'_ 'Q2j ~YbY3 'i/a ~ 4 + ~ . ro ~o i ~~~ P ~ ~. 1 ~~ ~~ - ~~~ ~l ~ 11 ~~ ~, ~ ~ .~r~- ~ } ~~ x } i i 1 ~ ,~ ~ ~ ~~ i Exhibit C CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAIG DATE OF NOVEMBER 28, 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; The applicant is proposing to zone the subject property to C-G. The Council finds that the proposed zoning map amendment is generally compatible with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that retail stores and office uses aze permitted within the requested zoning district of C-G. Council believes that the existing parcels in the azea have already developed in a nature that is harmonious and appropriate to the proposed zone. Further, Council also finds that the proposed zoning and future uses on this site can be designed and constructed in a manner that will be harmonious with, and appropriate in appeazance with, the existing and intended chazacter of the surrounding area. The Council does not fmd that the proposed zoning/uses will adversely change the essential character of azea. Council fords that the site is lazge enough to contain the required pazking and landscaping. Staff recommends that the Commission and Council rely on staffs analysis, public testimony received and any comments submitted from any other agencies or departments regazding whether this property should be rezoned as proposed. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfaze. Council does not anticipate the proposed rezone and subsequent uses will create excessive traffic, noise, smoke, fumes, glare, or odors. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council 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. Exhibit D December 8, 2006 • CUP 06-031 MERIDIAN CITY COUNCIL MEETING December 12, 2006 APPLICANT Joint School District No. 2 ITEM NO. Jr-~ REQUEST Findings for Approval -Request for a Conditional Use Permit for lighted fields adjoining a residential district for Heritage Middle School - 4990 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: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Flndings Contacted: ~~"" Date: 1 ~ DAP Phone: ~ ~,~~ ~? Emailed: Sc~-(~h ~ L,~,a.~c(n , Ga~1 Sta Ini ials: Materials presented at public meetings shall become property of the City of Meridian. ~ 1~~CEIVEI) DEC 01 2~ City Df meridian C~.~ ~;l elk 01`fi.ce CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER tw ti 4 ~r~.~~a ~y~. ~`-` ~~ In the Matter of Conditional Use Permit (CUP) approval for lighted ball fields within and adjoining a residential district at Heritage Middle School, AND a Variance (VAR) to UDC 11-3A-11C3 to install light fixtures over 1,8001umens with exposed bulbs for the ball fields, by Joint School District No. 2. Case No(s). CUP-06-031 and VAR-06-021 For the City Council Hearing Date of: November 28, 2006 (Findings approved on December 12, 2006) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 28, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 28, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 28, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 28, 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). CUP-06-31 & VAR-06-OZ1 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 Conditions of Approval and CUP Site Plan included in the attached Staff Report for the hearing date of November 28, 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 CUP Site Plan, dated August 15, 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 November 28, 2006 incorporated by reference. D. Notice of Applicable Time Limits Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-06-31 & VAR-06-OZ1 time extensions up to eighteen (18) months as determined and approved by the Commission maybe granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of November 28, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-06-31 & VAR-06-021 By action of the City Council at its regular meeting held on the ! 2-~~' day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED_yS~~u-- COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED__ C~~ew COUNCIL MEMBER KEITH BIltD VOTED_ (%~~P~.- TIE BREAKER MAYOR TAMMY de WEERD VOTED r~ rs//// ±~t~IA~®63~R°~ ~,~ ,r^ ~,~e WEERD 0 ~~ ATTEST: <°`~~~ ~ ~~~ `oA%:. i~G~ ~~.~ WILLIAM G. BERG, JR., C CLE$K ~`` ~~~ ~~/ ~ 9 Copy served upon: pp Planning Department /' Public Works Department City Attorney By: Dated: J~-a2~ `~l9 rty Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-06-31 & VAR-06-021 CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HEARING ITRTE OF NOVEMBER 28, 2006 STAFF REPORT TO: FROM: SUBJECT: Hearing Date: November 28, 2006 Mayor and City Council Sonya Wafters, Associate City Planner 208-884-5533 • CUP-06-031 Heritage Middle School Ball Field Lighting ~PE;,~ Conditional Use Permit for lighted fields within and adjoining a residential district. • VAR-06-021 Variance from UDC 11-3A-11C3 to install light fixtures over 1,8001umens with exposed bulbs for the ball fields. ~~ } ~ ,- ~~,I; ~'~=~i ~+~ , g, II3."Bi4:~ ~<<~, 1. SUNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Joint School District No. 2, has applied for Conditional Use Permit approval for the allowance of lighted fields within and adjoining a residential district. Additionally, the applicant has applied for a Variance from UDC 11-3A-11C3 to install light fixtures in excess of 1,800 lumens with exposed bulbs for the ball fields. The subject site is located on the northeast corner of N. Meridian Road and E. McMillan Road. 2. SUMMARY RECOMMENDATION The subject applications (CUP & VAR) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis for the requested Conditional Use Permit and Variance below. Staff recommends approval of CUP-06-031 & VAR-06-021 as presented in the Staff Report, subject to the conditions listed in Exhibit B. Note: The Commission is not required to make a recommendation to City Council on the variance application. The Meridian Planning and Zoning Commission heard this item on November 2, 2006. At the public hearing, they moved to recommend approval to the City Council of CUP-06-031. a. Summary of Commission Public Hearin: i. In favor: Scott Henson. Lombard-Conrad Architects (anvlicant/owner's representative) ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Wafters vi. Other staff commenting on a~lication: None b. Key Issues of Discussion by Commission: i. None c. K~ Commission Chaves to Staff Recommendation: i. None d. Outstandin Issue(s) for City Council: i. None a, Summary of City Counci Public Hearing: Heritage Middle School -CUP-06-031 & VAR-06-021 Page 1 CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28, 2006 i. In favor: Scott Henson, Lombard-Conrad Architects (anDlicantlowner's representative) ii. In onuosition: None iii. Commentine: None iv. Written testimonv: None v. Staff presenting annlication: Anna Canning vi. Other staff commenting on auvlication: None 1L ev Is sues of Discussion by Co ncil_: i. Exuosed vs. shielded lissht fixtures ii. Heieht of light Holes (40' vs. the nronosed 80'1 ~_ i. None 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers CUP- 06-031 and VAR-06-021 as presented in the Staff Report for the: hearing date of November 28, 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 CUP-06- 031 and VAR-06-021 as presented during the hearing of November 28, 2006, for the following reasons: (you must state specific reason(s) for the denial of the conditional use permit.) Continuance After considering all staff, applicant and public testimony, I move to continue File Number CUP-06-031 and VAR-06-021 to the hearing date of (insert co:atinued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 4990 N. Meridian Road; Section 30, T.4N. R.IE. b. Owner: Joint School District No. 2 911 N. Meridian Road, Meridian, ID 83642 c. Applicant: Same as owner d. Representative: Scott Henson, Lombard-Conrad Architects e. Present Zoning: R-4 f. Present Comprehensive Plan Designation: Public/Quasi-Public g. Description of Applicant's Request: The applicant is requesting approval for the allowance of lighted fields within and adjoining a residential district. Additionally, the applicant is requesting approval of a Variance from UDC 11-3A-11C3 to install light fixtures in excess of 1,800 lumens with exposed bulbs for the ball fields. The scllool district is installing ball field lighting at the request of the City of Meridian Parks Department for public use. 1. Date of CUP Site Plan/Photometric Plan (attached in Exhibit A): August 15, 2006 5. PROCESS FACTS Heritage Middle School -CUP-06-031 & VAR-06-021 Page 2 CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HEARING~E OF NOVEMBER 28, 2006 a. The subject application will in fact constitute a conditional use as determined by the Unified Development Code. By reason of the provisions of UDC 11-.SB-6, a public hearing is required before the Planning and Zoning Commission and City Counc:il on this matter. b. The subject application will in fact constitute a variance as determined by the Unified Development Code. By reason of the provisions of UDC 11-.SB-6, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: October 16`" and October 30'", 2006 (for Planning & Zoning Commission hearing), and November 6~' and November 20`", 2006 (for City Council hearing) d. Radius notices mailed to properties within 300 feet on: October 16~' and October 30~`, 2006 (for Planning & Zoning Commission hearing) and October tip`, 2006 (for City Council hearing) e. Applicant posted notice on site by: October 16s' and October 30~', 2006 (for Planning & Zoning Commission hearing) and November 3~, 2006 (for City Council hearing) 6. LAND USE a. Existing Land Use(s): Middle School (currently under constluction) b. Description of Character of Surrounding Area: The surrounding area is residential, with commercially zoned land across Meridian Road to the west and agricultural land across McMillan Road to the south (approved Solitude Subdivision). c. Adjacent Land Use and Zoning 1. North: Ventana Subdivision, zoned R-8. 2. East: Saguaro Subdivision, zoned R-4. 3. South: Recently approved residential subdivision (Solitude Sub.), zoned R-8. 4. West: Vacant, Commercially zoned property (Paramount Sub.), zoned C-G. d. History of Previous Actions: This property was annexed in 2005 and zoned R-4 for Heritage Middle School (AZ-OS-008). A Certificate of Zoning Compliance (CZC-OS-075) was also approved in June, 2005, for a public middle school in an R-4 zone. (Public schools were permitted uses in the R-4 zone under the City Code in effect at that time. Under the UDC public schools are .....) e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Mains already approved v~~ith the schools construction plans. Location of water: Mains already approved v~~ith the schools construction plans. Issues or concerns: None. 2. Vegetation: None. 3. Flood plain: NA 4. Canals/Ditches Irrigation: No major facilities. 5. Hazards: None Heritage Middle School -CUP-06-031 & VAR-06-021 Page 3 CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28, 2006 6. Existing Zoning: R-4 7. Size of Property: 40 acres f. Off-Street Parking: NA g. Proposed and Required Non-Residential Setbacks: NA h. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to the school is provided via N. Meridian Road and was approved by ACRD with the Certificate of Zoning Compliance issued for this site; no new access points are proposed or approved with this application. The Fire Department is requesting, as part ~~f the conditional use permit, that the applicant provide an emergency access road to the ce;~iter of the backstops of the four baseball fields with an approved turn around (see Exhibit B). 7. COMMENTS MEETING On October 13, 2006 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, and Meridian Public Works Department. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Public/Quasi-Public" on the Comprehensive Plan Future Land Use Map. In Chapter VII of the Comprehensive Plan, "Public/Quasi-Public" areas are; designated to provide areas throughout the Area of Impact which provide educational opportunities, community gathering places, and green space. Staff finds the following Comprehensive Plan policies to be: applicable to this property and apply to the proposed use (staff analysis in italics): • "Support multi-use facilities between schools and the community." (Chapter VI, Goal I, Objective A, Action 3) The City of Meridian Parks Department is requesting that schools provide lighted ball fields for the benefit of the community. If approved, this will increase the number offields available for evening sports activities. • "Support joint use agreements with the Meridian Joint School District, Western Ada Recreation District, ACFID, and other private and non-profit entities." (Chapter VI, Goal III, Objective A, Action 14) The Joint School District, in cooperation with the City ofMc~ridian, is proposing to provide lighted ball fields at Heritage Middle School in a joint use agreement which will benefit the community as a whole by providing more ball fields available to the public for sports activities. Staff finds that the proposal is generally harmonious with and in acc,~rdance with the Comprehensive Plan. 8. UNIFIED DEVELOPMENT CODE The following UDC section(s) are pertinent to this application: a. UDC 11-4-3.14: Education Institution E. A Conditional Use Permit shall be required for any education institution in which any of the following circumstances exist: Heritage Middle School - CUP-06-031 & VAR-06-021 Page 4 CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28, 2006 The education institution is in excess of 250,000 square feet within a residential district; 2. The education institution includes lighted fields adjoining or within a residential district; 3. The education institution will generate in excess of 1,.500 vehicular trips per day; 4. The education institution takes access from a collect~~r or an arterial street and there is not a safe separate pedestrian and bikeway access between the neighborhood and the school site. Per the above cited section of the UDC, the applicant is recuesting a Conditional Use Permit for the proposed lighted fields adjacent to a residential distract. b. UDC 11-3A-11C: Outdoor Lighting Standards 3. Light fixtures that have a maximum output of 1,8001umens or more shall have an opaque top to prevent up-lighting; the bulb shall not be visible vid shall have a full cut-off shield. The applicant can not comply with the above cited section of the UDC, since the flood lighting that is needed for ball field lighting requires exposed light bulbs. Hence, the applicant is requesting approval of a Variance from this section of the UDC. 9. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Staff has provided analysis below regarding the proposed applications. CUP: In approving any conditional use, the decision-making body may prescribe appropriate conditions, bonds and safeguards in conformity with this Title that: minimise adverse impact of the use on other property, control the sequence and timing of the use, control the duration of the use, assure that the use and the property in which the use is located is maintained properly, designate the exact location and nature of the use and the property development, require the provision for on-site or off-site public facilities or services, require more restrictive standards than those generally required in this Title, and require mitigation of adverse impacts of the proposed development upon service delivery by any political subdivision, including school districts, that provides services within the City (UDC 11-SB-6D). Lighting: Due to the nature of the proposed use and the existing residential uses near this site, staff is recommending a specific condition of appro~~al be placed on the proposed use that will minimise, or alleviate the adverse impacts that this use may pose to nearby properties by limiting the hours that the ball fields will be lighted to 11 pm. Please see Exhibit B for the proposed condition. Access: Access to the school is provided via N. Meridian Road and was approved with the Certificate of Zoning Compliance issued for this site; no Iiew access points are proposed or approved with this application. The site currently has a 20-foot wide access road that loops around the school building on the west side of the ball fields. The Meridian Fire Department is requesting that the applicant provide a 20-foot access road to the center of the backstops of the four fields with an approved turn around (see Exhibit B). Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC) permit is to ensure that all construction, alterations and/or the establishment of a new use complies with all of the provisions of the UDC before any work on the structure is started and/or the use is established (UDC 11-SB-lA). Since the configuration of the ball Heritage Middle School -CUP-06-031 & VAR-06-021 Page 5 CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HEARING ITATE OF NOVEMBER 28, 2006 fields has changed since the issuance of the Certificate of Zoning Compliance (CZC-OS- 075) for the school and to ensure that all of the conditions of approval for the subject CUP are complied with, the applicant shall be required to obtain a modification to the approved CZC from the Planning Department prior to establishing the proposed use. 2. VAR: The applicant is requesting a Vaziance from UDC 11-3A-11C Outdoor Light Standazds that requires light fixtures over 1,800 lumens to have an opaque top to prevent up-lighting, the bulb can not be visible, and is required to have a full cut-off shield. The applicant can not comply with this standard as the flood lighting that is needed for ball field lighting requires exposed light bulbs. For this reason, the applicant is requesting a Vaziance. Currently, the UDC does not have any specific provisions for ball field lighting. Since ball field lighting is not specifically addressed in the UDC and requires a type of lighting that is prohibited, Staff is supportive of the proposed Variance request (see Exlubit C, VAR Findings, for more information). b. Staff Recommendation: Staff recommends approval of CUP-06-031 and VAR-06-021 for the ball field lighting at Heritage Middle School, as presented in the Staff Report for the hearing date of November 2, 2006 based on the Findings of Fact as listed in Exhibit C and subject to the conditions of approval as listed in Exhibit B. On November 2, 2006, the Meridian Planning and Zonine Commission voted to recommend anuroval of the subject CUP atoplication to City COIIIICil. he Merl iaII ItV OLIICiI hearr~ thec . items nn Nnv .ether 7$_ 70(1_ At tha nnhlir eariII~ they annroved he Lbiec TP and V R rea ~e 10. EI~~ITS A. Drawing 1. CUP Site Plan (dated August 15, 2006) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company C. Required Findings from Zoning Ordinance Heritage Middle School -CUP-06-031 & VAR-06-021 Page 6 CITY OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEARING D~ OF NOVEMBER 28, 2006 A. Drawing 1. CUP Site Plan (dated August 15, 2006) ~ ~- _ ~ N_ _ ~~ _ I_ _ - _ a 4 III ,~-_ ~ I{ I I ~~I~~I :~ _ _ ~~ i ~~ Lighted ~ ~~ ~ ~ [ ---. ~ ~ ~~~ ~ Field ~_ __: ~_? ,.. _ Lighted ~~ ~~ j ~. - B~; ~~ ', ~ ~~ ~~ Field ; ~ , r I' ~' ° ~~~ ~i ~~ '~ ' ' _ ~ 3~ ~~ ~' M ~._ _ 7 I ~j- I~ ~ T; ~' , .. i t ,~ _ ~~ ~~ ._ _ , ---T-' Exhibit A CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HEARING~E OF NOVEMBER 28, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The Site Plan labeled as E1.OOL, prepared by Lombard-Conrad Architects, dated August 15, 2006 is approved, with the conditions listed herein. The applicant shall comply with all applicable provisions from the previous Annexation (AZ-OS-008) and Certificate of Zoning Compliance (CZC-OS-075), and the subject Conditional Use Permit (CUP-06-031) and Variance (VAR-06- 021)approvals for this site. 1.2 To minimize, or alleviate the adverse impacts that this use may pose to nearby residential properties, the ball field lights shall not be lit past 11 pm at night. 1.3 Use the existing driveways to/from N. Meridian Road as access for this site. No new vehicular accesses to Meridian Road or McMillan Road are proposed with this application and none are approved. 1.4 Installation of the ball field lighting shall comply with the lighting plan details shown on Sheet E1.O1L, dated August 15, 2006, submitted with this application. The maximum height of the light poles shall not exceed 80 feet. 1.5 Because the configuration of the ball fields has changed since the issuance of the Certificate of Zoning Compliance (CZC-OS-075) for the school, and to ensure that all of the conditions of approval for the subject CUP are complied with, the applicant shall be required to obtain a modification to the approved CZC from the Planning Department prior to establishing the proposed use (lighted ball fields). 1.6 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 1.7 The applicant shall have a maximum of 18 months to commence the use as permitted in accord with the conditions of approval listed above. If the use has not begun within 18 months of approval, a new conditional use permit must be obtained prior to operation. 2. PUBLIC WORKS DEPARTMENT 2.1 No comment. 3. FIRE DEPARTMENT 3.1 Provide a 20-foot wide access road to the center of the backstops of the four baseball fields. An approved turn around will be required at this point as it is 280' from the access road that goes around the school. From that point of this turnaround the road will then be required to be extended 149 feet to the east. This will provide access to provide emergency medical services to the sports complex. Plans are required to be submitted to and approved by the Meridian Fire Department. 3.2 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 4. POLICE DEPARTMENT 4.1 No comment. Exhibit B CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28, 2006 5. PARKS DEPARTMENT 5.1 Submit one full-size scaled irrigation and landscape plan for the ball fields to the Parks Department for review and approval. 6. SANITARY SERVICES COMPANY 6.1 No comments received. Exhibit B CITY OF MERIDIAN PG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28, 2006 C. Required Findings from Zoning Ordinance 1. Conditional Use Permit Findings: The Commission shall base its determination on the Conditional Use Permit request upon the following: A. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The site was reviewed with the Certificate of Zoning Compliance application and Staff determined at that time that it was large enough to accommodate the school and ball field uses and that it met the dimensional and development regulations of the R-4 district. However, by adding lights to the ball fields that exceed the maximum allowable lumens without a shield, the applicant needs to obtain a variance for the development regulation regarding the ball field lights. B. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Council finds that the proposed use is harmonious with the Comprehensive Plan Policies and Goals detailed in Section 8 of the staff report. The Comprehensive Plan map designates the subject property as "Public/Quasi-Public," which the school and associated uses correspond with. C. That the design, constraction, operation and maintenance will be compatible with other uses in the general neighborhood and with the e~sting or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Council fmds that if the applicant complies with the conditions outlined in this report, the general design, construction, operation, and maintenance of the proposed use should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. The Commission and Council should relied on any public testimony provided to determine if the proposed ball field lighting will be compatible with the existing residential character of the general vicinity. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Council finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. The Commission and Council should rely upon any public testimony provided to determine if the development will adversely affect the other property in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Council finds that sanitary sewer, and domestic water are available and construction plans for the installation thereof have already been approved. Additionally, refuse disposal, Exhibit C CITY OF MERIDIAN PG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28, 2006 and irrigation are currently available to the subject property. Please refer to any comments prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Corporation and ACRD. Based on comments from other agencies and departments, staff finds that the proposed use will be served adequately by all of the public facilities and services listed above. F. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the applicant, along with the City, will be financing the ball field improvements for the school site. The Council finds that having additional lighted ball fields available for public use will be highly beneficial for the City and that the proposed use will not be detrimental to the community's economic welfare. G. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The Council recognizes that traffic, noise and potentially glare from the lights, may increase with the approval of the subject use in this location; however, the Council does not believe that the amount generated will be detrimental to the general welfare of the public. The Council does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. The Council finds that the proposed uses will not be detrimental to people, property or the general welfare of the area, if the conditions of approval are complied with. H. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The Council finds that there should not be any health, safety or environmental problems associated with this use that should be brought to the Council's attention. The Council finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance. 2. Variance Findings: The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-5B-4.E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: At the time the school was approved, public schools were a permitted use in the R-4 zone. Ball fields are an accessory use to schools. The subject variance is for the use of exposed light bulbs that have a maximum output of over 1,8001umens for the ball field lighting. The applicant states that exposed light bulbs are a requirement of flood lights to properly light the field area. The applicant has submitted a photometric analysis that shows light levels at the northern perimeter boundary of the site, approximately 300 feet away from the northernmost lights, to be at 0.0 to 0.1 foot candles adjacent to future residential uses; the analysis shows light levels at the western perimeter boundary, approximately 500 feet away from the easternmost lights, to be 0.0 foot candles adjacent to residential uses. Staff finds that if the City Council grants the requested variance, a Exhibit C CI1'1' OF MERIDIAN P~G DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28, 2006 special privilege will be granted to the subject applicant that would not otherwise be allowed in the district. However, the Council believes that ball field lighting is not adequately addressed in the section of the UDC restricting flood lighting (ball fields aze not mentioned as exempt from this standazd). The Council recognizes that lighted ball fields are an uncommon use and in this instance it makes sense to conditionally allow the subject fields to be lit by flood lights, as the light glaze will not spill onto adjacent properties. The Council believes the intent of the UDC restriction of flood lighting is being met for the subject ball field lights. B. The variance relieves an undue hardship because of characteristics of the site; The applicant has stated that the proposed lights with exposed light bulbs aze similaz to the standazd light fixtures normally found at educational ball fields throughout the City. There is a "soft light" system available that reduces glare; however, it is approximately four times the cost of the standazd light fixtures normally used and would require twice as many poles. The soft light system also uses exposed bulbs, but only produces a little less glaze than standazd bulbs according to the applicant. The applicant states that exposed light bulbs aze a requirement of flood lights to property light the field azea as well as the ball when it is in flight. The Council fords that there is no characteristic of this site that has caused this hardship. The hazdship in this case is really caused by the UDC and its strict prohibition of unshielded lighting in all instances. If Council grants the variance, it would relieve an undue hazdship due to exposed light bulbs being necessary to provide the lighting necessary for a school ball field, but the UDC outright prohibiting their use. C. The variance shall not be detrimental to the public health, safety, and welfare. Council finds that allowing the exposed light bulbs for the ball field lighting should not be detrimental to the public health, safety, and/or welfare if the applicant complies with the Fire Department comments regazding emergency access and the Planning Departments restrictions regazding the lights listed in Exhibit B. The Council should rely on public testimony to determine if the proposed use will be detrimental to the public health, safety, and welfaze. Exhibit C December 8, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT Joint School District No. 2 fTEM NO. 5-K REQUEST Findings for Approval -Request for a Variance from UDC 11-3A-11 C3 to install light fixtures with exposed bulbs for the ball fields for Heritage Middle School 4990 North Meridian Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: B~ ~ Phone: c~~S ~GC~2> Emailed: ~,,,_,.,~Q GJ/ (yU~ Staff Initials:.F,~ Materials presented at public meetings shall become properly of the City of Meridian. U VAR 06-021 December 12, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~1~G ~ / tull~l t~5il~y' f ~eridia>~ ~r , lerli O~1Cf: 1 3F Nj. .~ e'rrtv a,6 ~sy i1 ,41,_~i~ a, _ ,~,V ~, ~~:~ ti, ~~~„~ 4 In the Matter of Conditional Use Permit (CUP) approval for lighted ball fields within and adjoining a residential district at Heritage Middle School, AND a Variance (VAR) to UDC 11-3A-11C3 to install light futures over 1,8001umens with ezposed bulbs for the ball fields, by Joint School District No. 2. Case No(s). CUP-06-031 and VAR-06-021 For the City Council Hearing Date of: November 28, 2006 (Findings approved on December 12, 2006) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 28, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 28, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 28, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 28, 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). CUP-06-31 & VAR-06-021 • 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 Conditions of Approval and CUP Site Plan included in the attached Staff Report for the hearing date of November 28, 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 CUP Site Plan, dated August 15, 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 November 28, 2006 incorporated by reference. D. Notice of Applicable Time Limits Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-06-31 & VAR-06-021 time extensions up to eighteen (18) months as determined and approved by the Commission maybe granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis 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 November 28, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-06-31 & VAR-06-021 U By action of the City Council at its regular meeting held on the 2006. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIIZD WILLIAM G. BERG, JR~; Copy served upon: Planning Department / Public Works Department / City Attorney <Z~ day of VOTED__~~~ VOTED__z~ VOTED_~~'~.ti VOTED__~~~~--- 'C~,~~~ ,,de WEERD ~.®a '°e `i y ~i®d ~~ Bid °'i r ~~ ~ ~ ~~ ~ ®, >°~ / Applicant ~' ~ ```~, B Dated: ~a a Q -Q I.P City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-06-31 & VAR-06-021 TIE BREAKER ~~ MAYOR TAMMY de WEERD VOTED CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28, 2006 STAFF REPORT TO: FROM: SUBJECT: Hearing Date: November 28, 2006 Mayor and City Council Sonya Wafters, Associate City Planner 208-884-5533 • CUP-06-031 Heritage Middle School Ball Field Lighting %3~ Conditional Use Permit for lighted fields within and adjoining a residential district. • VAR-06-021 Variance from UDC 11-3A-11C3 to install light fixtures over 1,8001umens with exposed bulbs for the ball fields. 1 ~~~; °:~ r~~ ~` ~~ ~a~ ~~'~ 1. SiJNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Joint School District No. 2, has applied for Conditional Use Permit approval for the allowance of lighted fields within and adjoining a residential district. Additionally, the applicant has applied for a Variance from UDC 11-3A-11C3 to install light fixtures in excess of 1,800 lumens with exposed bulbs for the ball fields. The subject site is located on the northeast corner of N. Meridian Road and E. McMillan Road. 2. SUMMARY RECOMMENDATION The subject applications (CUP & VAR) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis for the requested Conditional Use Permit and Variance below. Staff recommends approval of CUP-06-031 &VAR-06-021 as presented in the Staff Report, subject to the conditions listed in Exhibit B. Note: The Commission is not required to make a recommendation to City Council on the Variance application. The Meridian Planning and Zoning Commission heard this item on November 2. 2006. At the uublic hearing. they moved to recommend approval to the City Council of CUP-06-031. a. Summary of Commission Public Hearing: i. In favor: Scott Henson. Lombard-Conrad Architects latitilicant/owner's representative) ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staffpresenting application: Sonya Wafters vi. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. None c. Key Commission Chances to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. None CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HEAR[NG D~ OF NOVEMBER 28, 2006 i. In favor: Scott Henson, Lombard-Conrad Architects (anplicant/owner's representative) ii. opposition: None iii. Commenting: None iv. Written testimony: None v. Staffpresentin~ application: Anna Canning vi. Other staff commenting on application: None 1L ev Issues of Discussion by Counc 1: i. xposed vs. shielded light fixtures ii. eight of lieht poles (40' vs. the proposed 80'1 ~, ev Council Cban~es to Co mission Recommendation: i. None 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers CUP- 06-031 and VAR-06-021 as presented in the Staff Report for the hearing date of November 28, 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 CUP-06- 031 and VAR-06-021 as presented during the hearing of November 28, 2006, for the following reasons: (you must state specific reason(s) for the denial of the conditional use permit.) Continuance After considering all staff, applicant and public testimony, I move to continue File Number CUP-06-031 and VAR-06-021 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 4990 N. Meridian Road; Section 30, T.4N. R.IE. b. Owner: Joint School District No. 2 911 N. Meridian Road, Meridian, ID 83642 c. Applicant: Same as owner d. Representative: Scott Henson, Lombard-Conrad Architects e. Present Zoning: R-4 f. Present Comprehensive Plan Designation: Public/Quasi-Public g. Description of Applicant's Request: The applicant is requesting approval for the allowance of lighted fields within and adjoining a residential district. Additionally, the applicant is requesting approval of a Variance from UDC 11-3A-11C3 to install light fixtures in excess of 1,800 lumens with exposed bulbs for the ball fields. The school district is installing ball field lighting at the request of the City of Meridian Parks Department for public use. 1. Date of CUP Site Plan/Photometric Plan (attached in Exhibit A): August 15, 2006 5. PROCESS FACTS Heritage Middle School -CUP-06-031 & VAR-06-021 Page 2 CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28, 2006 a. The subject application will in fact constitute a conditional use as determined by the Unified Development Code. By reason of the provisions of UDC 11-SB-6, a public hearing is required before the Planning and Zoning Commission and City Council on this matter. b. The subject application will in fact constitute a variance as determined by the Unified Development Code. By reason of the provisions of UDC 11-SB-6, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: October 16~` and October 30~`, 2006 (for Planning & Zoning Commission hearing), and November 6~' and November 20~`, 2006 (for City Council hearing) d. Radius notices mailed to properties within 300 feet on: October 16~ and October 30~', 2006 (for Planning & Zoning Commission hearing) and October 6~', 2006 (for City Council hearing) e. Applicant posted notice on site by: October 16~` and October 30`x, 2006 (for Planning & Zoning Commission hearing) and November 3`~, 2006 (for City Council hearing) 6. LAND USE a. Existing Land Use(s): Middle School (currently under construction) b. Description of Character of Surrounding Area: The surrounding area is residential, with commercially zoned land across Meridian Road to the west and agricultural land across McMillan Road to the south (approved Solitude Subdivision). c. Adjacent Land Use and Zoning 1. North: Ventana Subdivision, zoned R-8. 2. East: Saguaro Subdivision, zoned R-4. 3. South: Recently approved residential subdivision (Solitude Sub.), zoned R-8. 4. West: Vacant, Commercially zoned property (Paramount Sub.), zoned C-G. d. History of Previous Actions: This property was annexed in 2005 and zoned R-4 for Heritage Middle School (AZ-OS-008). A Certificate of Zoning Compliance (CZC-OS-075) was also approved in June, 2005, for a public middle school in an R-4 zone. (Public schools were permitted uses in the R-4 zone under the City Code in effect at that time. Under the UDC public schools aze .....) e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Mains already approved with the schools construction plans. Location of water: Mains akeady approved with the schools construction plans. Issues or concerns: None. 2. Vegetation: None. 3. Flood plain: NA 4. Canals/Ditches Irrigation: No major facilities. 5. Hazards: None Heritage Middle School -CUP-06-031 & VAR-06-021 Page 3 CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HEARING~E OF NOVEMBER 28, 2006 6. Existing Zoning: R-4 7. Size of Property: 40 acres f. Off-Street Parking: NA g. Proposed and Required Non-Residential Setbacks: NA h. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to the school is provided via N. Meridian Road and was approved by ACRD with the Certificate of Zoning Compliance issued for this site; no new access points are proposed or approved with this application. The Fire Department is requesting, as part of the conditional use permit, that the applicant provide an emergency access road to the center of the backstops of the four baseball fields with an approved turn around (see Exhibit B). 7. COMMENTS MEETING On October 13, 2006 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, and Meridian Public Works Department. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Public/Quasi-Public" on the Comprehensive Plan Future Land Use Map. In Chapter VII of the Comprehensive Plan, "Public/Quasi-Public" areas are designated to provide areas throughout the Area of Impact which provide educational opportunities, community gathering places, and green space. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • "Support multi-use facilities between schools and the community." (Chapter VI, Goal I, Objective A, Action 3) The City of Meridian Parks Department is requesting that schools provide lighted ball fields for the benefit of the community. If approved, this will increase the number offields available for evening sports activities. • "Support joint use agreements with the Meridian Joint School District, Western Ada Recreation District, ACI-ID, and other private and non-profit entities." (Chapter VI, Goal III, Objective A, Action 14) The Joint School District, in cooperation with the City of Meridian, is proposing to provide lighted ball fields at Heritage Middle School in a joint use agreement which will benefit the community as a whole by providing more ball fields available to the public for sports activities. Staff finds that the proposal is generally harmonious with and in accordance with the Comprehensive Plan. 8. UNIFIED DEVELOPMENT CODE The following UDC section(s) are pertinent to this application: a. UDC 11-4-3.14: Education Institution E. A Conditional Use Permit shall be required for any education institution in which any of the following circumstances exist: Heritage Middle School -CUP-06-031 & VAR-06-021 Page 4 CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28, 2006 1. The education institution is in excess of 250,000 square feet within a residential district; Z. The education institution includes lighted fields adjoining or within a residential district; 3. The education institution will generate in excess of 1,500 vehicular trips per day; 4. The education institution takes access from a collector or an arterial street and there is not a safe separate pedestrian and bikeway access between the neighborhood and the school site. Per the above cited section of the UDC, the applicant is requesting a Conditional Use Permit for the proposed lighted fields adjacent to a residential district. b. UDC 11-3A-11C: Outdoor Lighting Standards 3. Light fixtures that have a maximum output of 1,8001umens or more shall have an opaque top to prevent up-lighting; the bulb shall not be visible and shall have a full cut-off shield. The applicant can not comply with the above cited section of the UDC, since the flood lighting that is needed for ball field lighting requires exposed light bulbs. Hence, the applicant is requesting approval of a I~ariance from this section of the UDC. 9. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Staff has provided analysis below regarding the proposed applications. CUP: In approving any conditional use, the decision-making body may prescribe appropriate conditions, bonds and safeguards in conformity with this Title that: minimise adverse impact of the use on other property, control the sequence and timing of the use, control the duration of the use, assure that the use and the property in which the use is located is maintained properly, designate the exact location and nature of the use and the property development, require the provision for on-site or off-site public facilities or services, require more restrictive standards than those generally required in this Title, and require mitigation of adverse impacts of the proposed development upon service delivery by any political subdivision, including school districts, that provides services within the City (UDC 11-SB-6D). Lighting: Due to the nature of the proposed use and the existing residential uses near this site, staff is recommending a specific condition of approval be placed on the proposed use that will minimise, or alleviate the adverse impacts that this use may pose to nearby properties by limiting the hours that the ball fields will be lighted to 11 pm. Please see Exhibit B for the proposed condition. Access: Access to the school is provided via N. Meridian Road and was approved with the Certificate of Zoning Compliance issued for this site; no new access points are proposed or approved with this application. The site currently has a 20-foot wide access road that loops around the school building on the west side of the ball fields. The Meridian Fire Department is requesting that the applicant provide a 20-foot access road to the center of the backstops of the four fields with an approved turn around (see Exhibit B). Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC) permit is to ensure that all construction, alterations and/or the establishment of a new use complies with all of the provisions of the UDC before any work on the structure is started and/or the use is established (UDC 11-SB-lA). Since the configuration of the ball Heritage Middle School -CUP-06-031 & VAR-06-021 Page S CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HEARING~E OF NOVEMBER 28, 2006 fields has changed since the issuance of the Certificate of Zoning Compliance (CZC-OS- 075) for the school and to ensure that all of the conditions of approval for the subject CUP are complied with, the applicant shall be required to obtain a modification to the approved CZC from the Planning Department prior to establishing the proposed use. 2. VAR: The applicant is requesting a Variance from UDC 11-3A-11C Outdoor Light Standards that requires light fixtures over 1,800 lumens to have an opaque top to prevent up-lighting, the bulb can not be visible, and is required to have a full cut-off shield. The applicant can not comply with this standard as the flood lighting that is needed for ball field lighting requires exposed light bulbs. For this reason, the applicant is requesting a Variance. Currently, the UDC does not have any specific provisions for ball field lighting. Since ball field lighting is not specifically addressed in the UDC and requires a type of lighting that is prohibited, Staff is supportive of the proposed Variance request (see Exhibit C, VAR Findings, for more information). b. Staff Recommendation: Staff recommends approval of CUP-06-031 and VAR-06-021 for the ball field lighting at Heritage Middle School, as presented in the Staff Report for the hearing date of November 2, 2006 based on the Findings of Fact as listed in Exhibit C and subject to the conditions of approval as listed in Exhibit B. On November 2.2006, the Meridian Planning and Zonine Commission voted to recommend approval of the subiect CUP auulication to City Council. The Meridian City Counc'1 heard these items nn Nnvemher 2R_ 20(16_ At the nnhlic ea 'ng hev annroved the ubiec UP and VAR rea ~e 10. EXHIBITS A. Drawing 1. CUP Site Plan (dated August 15, 2006) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company C. Required Findings from Zoning Ordinance Heritage Middle School -CUP-06-031 & VAR-06-021 Page 6 CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HEARING D7E OF NOVEMBER 28, 2006 A. Diawlilg 1. CUP Site Plan (dated August 15, 2006) ~~.~. ' u ~ ~~ ~~ ~~ -~ ~ ;;~, __ _ ~ w _~ - - ~`_- - ~ _ ~ ,;~,~j l j _ If~ P ~, ._-~ --- ,~~ ~ ~~ ~~ ~ 1~ ( ____-a ui ~ dti ~ ~~~~ ~~ }I ~ ~ ~~~ Se i JAY ~ i ~. ~ ~ ~ ~ 111 I1I If '~'~ ~ ~~ ~ I , ~. , .~ ___ ~.__ __ :s ~ "~ ~,, a~ rl ~_ - ~s~~l `~ ;~ ~~ Lighted ~ ~~ ~I_( j ~(~ ~t - `-+ ~$ }@ Field 1 ~ f 1 ~ (I 1iII -____ =__~~~~a ~ __ ___ ~ ~ - _l~i ~.~ `i ~'~ ~~ ~ i~ ~gn r` r _ ~~ _ ~ ~ g _ Lighted (~'~., __~~ ~~ ~~ ~i ~~ ~a Field - _ "~ i! ~ ~ n a'' r 7'~ i,I..., ' q ~~ `~°' , ~ ~~ ~ ~ ~ ~~~~ ~ 1 ' ~i~ ~~ ~ ~ ; ~. ~iA ~ I ~ r - + ~- ~~ '' 1 f ~ y~~ i~ ~ . ~#q~% ~ I t s ~ ~ ~~~I ~ :'r ,~~ ,, ,,,, t f ~,+ ' 3 ~ .~ • ~ , ~. - i~ _= .,~ ~ I~ } r. ~~ r , , ~ ?- i ~. G ~_ _ ~g~ `Y ~,. P _. _. _. ~__ ~ ._ _.__. _ g ~_ ~.~_ Exhibit A CITY OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEARING DFiTE OF NOVEMBER 28, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The Site Plan labeled as E1.OOL, prepared by Lombard-Conrad Architects, dated August 15, 2006 is approved, with the conditions listed herein. The applicant shall comply with all applicable provisions from the previous Annexation (AZ-OS-008) and Certificate of Zoning Compliance (CZC-OS-075), and the subject Conditional Use Permit (CUP-06-031) and Variance (VAR-06- 021)approvals for this site. 1.2 To minimise, or alleviate the adverse impacts that this use may pose to nearby residential properties, the ball field lights shall not be lit past 11 pm at night. 1.3 Use the existing driveways to/from N. Meridian Road as access for this site. No new vehicular accesses to Meridian Road or McMillan Road are proposed with this application and none are approved. 1.4 Installation of the ball field lighting shall comply with the lighting plan details shown on Sheet E1.O1L, dated August 15, 2006, submitted with this application. The maximum height of the light poles shall not exceed 80 feet. 1.5 Because the configuration of the ball fields has changed since the issuance of the Certificate of Zoning Compliance (CZC-OS-075) for the school, and to ensure that all of the conditions of approval for the subject CUP are complied with, the applicant shall be required to obtain a modification to the approved CZC from the Planning Department prior to establishing the proposed use (lighted ball fields). 1.6 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 1.7 The applicant shall have a maximum of 18 months to commence the use as permitted in accord with the conditions of approval listed above. If the use has not begun within 18 months of approval, a new conditional use permit must be obtained prior to operation. 2. PUBLIC WORKS DEPARTMENT 2.1 No comment. 3. FIRE DEPARTMENT 3.1 Provide a 20-foot wide access road to the center of the backstops of the four baseball fields. An approved turn around will be required at this point as it is 280' from the access road that goes around the school. From that point of this turnaround the road will then be required to be extended 149 feet to the east. This will provide access to provide emergency medical services to the sports complex. Plans are required to be submitted to and approved by the Meridian Fire Department. 3.2 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 4. POLICE DEPARTMENT 4.1 No comment. Exhibit B CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28. 2006 5. PARKS DEPARTMENT 5.1 Submit one full-size scaled irrigation and landscape plan for the ball fields to the Parks Department for review and approval. 6. SANITARY SERVICES COMPANY 6.1 No comments received. Exhibit B CTI'Y OF MERIDIAN PG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28, 2006 C. Required Findings from Zoning Ordinance 1. Conditional Use Permit Findings: The Commission shall base its determination on the Conditional Use Permit request upon the following: A. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The site was reviewed with the Certificate of Zoning Compliance application and Staff determined at that time that it was large enough to accommodate the school and ball field uses and that it met the dimensional and development regulations of the R-4 district. However, by adding lights to the ball fields that exceed the maximum allowable lumens without a shield, the applicant needs to obtain a variance for the development regulation regarding the ball field lights. B. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Council finds that the proposed use is harmonious with the Comprehensive Plan Policies and Goals detailed in Section 8 of the staff report. The Comprehensive Plan map designates the subject property as "Public/Quasi-Public," which the school and associated uses correspond with. C. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Council finds that if the applicant complies with the conditions outlined in this report, the general design, construction, operation, and maintenance of the proposed use should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. The Commission and Council should relied on any public testimony provided to determine if the proposed ball field lighting will be compatible with the existing residential character of the general vicinity. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Council finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. The Commission and Council should rely upon any public testimony provided to determine if the development will adversely affect the other property in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Council fmds that sanitary sewer, and domestic water are available and construction plans for the installation thereof have already been approved. Additionally, refuse disposal, Exhibit C CrI'Y OF MERIDIAN PIG DEPARTMENT STAFF REPORT FOR THE HEARING D~OF NOVEMBER 28, 2006 and irrigation are currently available to the subject property. Please refer to any comments prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Corporation and ACRD. Based on comments from other agencies and depamnents, staff finds that the proposed use will be served adequately by all of the public facilities and services listed above. F. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the applicant, along with the City, will be financing the ball field improvements for the school site. The Council finds that having additional lighted ball fields available for public use will be highly beneficial for the City and that the proposed use will not be detrimental to the community's economic welfare. G. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The Council recognizes that traffic, noise and potentially glare from the lights, may increase with the approval of the subject use in this location; however, the Council does not believe that the amount generated will be detrimental to the general welfare of the public. The Council does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. The Council finds that the proposed uses will not be detrimental to people, property or the general welfare of the area, if the conditions of approval are complied with. H. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The Council finds that there should not be any health, safety or environmental problems associated with this use that should be brought to the Council's attention. The Council fmds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of maj or importance. 2. Variance Findings: The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-5B-4.E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: At the time the school was approved, public schools were a permitted use in the R-4 zone. Ball fields are an accessory use to schools. The subject variance is for the use of exposed light bulbs that have a maximum output of over 1,8001umens for the ball field lighting. The applicant states that exposed light bulbs are a requirement of flood lights to properly light the field area. The applicant has submitted a photometric analysis that shows light levels at the northern perimeter boundary of the site, approximately 300 feet away from the northernmost lights, to beat 0.0 to 0.1 foot candles adjacent to future residential uses; the analysis shows light levels at the western perimeter boundary, approximately 500 feet away from the easternmost lights, to be 0.0 foot candles adjacent to residential uses. Staff fmds that if the City Council grants the requested variance, a Exhibit C CITY OF MERIDIAN PG DEPARTMENT STAFF REPORT FOR THE HEARING D~ OF NOVEMBER 28, 2006 special privilege will be granted to the subject applicant that would not otherwise be allowed in the district. However, the Council believes that ball field lighting is not adequately addressed in the section of the UDC restricting flood lighting (ball fields are not mentioned as exempt from this standard). The Council recognizes that lighted ball fields are an uncommon use and in this instance it makes sense to conditionally allow the subject fields to be lit by flood lights, as the light glare will not spill onto adjacent properties. The Council believes the intent of the UDC restriction of flood lighting is being met for the subject ball field lights. B. The variance relieves an undue hardship because of characteristics of the site; The applicant has stated that the proposed lights with exposed light bulbs are similar to the standard light fixtures normally found at educational ball fields throughout the City. There is a "soft light" system available that reduces glare; however, it is approximately four times the cost of the standard light fixtures normally used and would require twice as many poles. The soft light system also uses exposed bulbs, but only produces a little less glare than standard bulbs according to the applicant. The applicant states that exposed light bulbs are a requirement of flood lights to property light the field area as well as the ball when it is in flight. The Council finds that there is no characteristic of this site that has caused this hardship. The hardship in this case is really caused by the UDC and its strict prohibition of unshielded lighting in all instances. If Council grants the variance, it would relieve an undue hardship due to exposed light bulbs being necessary to provide the lighting necessary for a school ball field, but the UDC outright prohibiting their use. C. The variance shall not be detrimental to the public health, safety, and welfare. Council finds that allowing the exposed light bulbs for the ball field lighting should not be detrimental to the public health, safety, and/or welfare if the applicant complies with the Fire Department comments regarding emergency access and the Planning Departments restrictions regarding the lights listed in Exhibit B. The Council should rely on public testimony to determine if the proposed use will be detrimental to the public health, safety, and welfare. Exhibit C December 8, 2006 SHP 06-009 MERIDIAN CITY COUNCIL MEETING December 12, 2006 APPLICANT John Homan ITEM NO. $-L REQUEST Request for Short Plat Approval of 8 condominium units on 2 lots in an L-O zone for Salisbury Condominiums -North Meridian Road and south of West Ustick 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: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cffy of Mertdian. COMMENTS See attached See attached Staff Comments December 8, 2006 MERIDIAN CITY COUNCIL MEETING December 12, 2006 APPLICANT ITEM NO. S-M REQUEST Approve Roster of Qualified Consultants for Engineering Services for Water Wastewater, and Miscellaneous Public Works Projects 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 City of Meridian. COMMENTS See attached • R~CEIS?E3~ ~E~ o ~ zoos City ®f I~eridiayz Cit3r Clerk Oi~ee Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineerl1~~~~ CC: File, Len Grady, Keith Watts /y` Date: 1217/2006 Re: Proposed Agenda Item for December 12, 2006 City Council Meeting The Public Works Department respectfully requests the following item be placed on the December 12 City Council agenda, under Consent Agenda, for Council's consideration: Roster of ualified consultants for En ineerin Services for Water Wastewater and Miscellaneous Public Works Proiects This roster is the product of a request for proposals advertised in October. Proposals were accepted on November 3 and evaluated during the following weeks. This roster will ensure that Staff has a list of qual~ed professionals to select from when services are needed. Recommended Council Action: The Public Works Department recommends. that City Council approves the Roster of qualified consultants for Engineering Services for Water, Wastewater, and Miscellaneous Public Works Projects. Thank you for your consideration. Please contact me if you have any questions regarding this item. ~ Page 1 • a~ .o a Y O .n a 0 c f0 .a c ~o ~: d 0 Y 2~ J L 0 .~ .~ d d c .~ c W O C y '= o 7 N o~ oa ~ ~ ~~ Y U .fl a' N 0 U ~ ~ '~ ~ ~ '~ '~ ~ C o >. > O c >. ~ O ~ ~ ~ c ~ 9 A c ` ~ ~ ~ c ~ ~ ~ gyp- •~ U ~ ~ 8 ~ E p ~ O I~ O C o C O N= O C S ~ 2 W C C N~ 0 ~ 2 C C N ~_ ~_ ~'~ _ ~ ~.~ W ~~ ~ C ~ _ ~~ c 8 c ~ ~ ~ a~~ ~~ o ~ ~ do o Yo ~ v 8~ c~ _~ ~o ~ _ = W = = W C7 W 2 = W = • ~ 2 U' 2 W = 2 W 2 C7 ;~ ~~ m _ ~ Y a ~ ~ c0 ~ '~ c0 N ~ ~' tL ~~~pp ~ J m N W ~1-~ N ~ 3a _ ~ ~ ~ ~ Y ~ ~~ c0 _ N ~Y'- tiY-'. 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N m ~ ~ 0 r ' C .d+ o ~ ~ m ~`o v = v .~ v V p m C7 O ~, ~ ~ 5 a1 O ~ ~ ~ s ~ ~ .~ ~ m x x ~ 1 v Y ~ a a s vs m v~ t7 a ~ _~ o ~ 8 •_ ~ •c ~ >. w ~ = ~ pT~ 8 C C pT~ `O O .~ `O o >v ~ a~ ~a ~ C7 2 : 2 ~ Y ~- U - - ~ c0 N v ~. as c C ~ C ~ O (~ a w o c c 0 0 `~ ~ ~m c V o L i+ d v ~ Y ~ N d C1 3 C C W 'L o~ c ° p c C Q ~ r+ ~. ~ T _ m Ta C t0 _ ~ ~ s ~~ ~ ~ o c~ m ° ~ ~ ~ i - ~ C N H 0 N 7 8 ~~ N d v d 'o a • ~3 'o a p°q ~ o U .~ U U ~ p" bA ~ ~ ~ ~ A ~ ~ ~ ~ a ~ ~ a ~ a °° A~w3 ~ ~ a .~ g ~ Q ~ ~ ~3 A .~ p ~ :d ~ ~ 3 ~ ~ ~ ~ :~ ~ ¢ ~, ~ °' W ~x ~•~ b •° ~ ~ ~~ ~ ~ .~ ' ~~ ~ ~w ~A q ~ o ~~U ~ c ^, ~ ~ F. ~ ~ ~ ~ A ~ y ~ ~ ~ N 33~~ ~3 3~33o~'a" ~ ~ ~a ~ .~ N ,D U b N N cd ~ U b U w b0 ,~ •.. •,-, ?E >, a ~ ~ o w ~ ~° 3~ ~~ ~•~ o ~ ~ U ,~ U d`~3 ~.~ ~ `° `~ ~ o •~ •~ 3 `~ A A v ~ y ~ ~ 33~~aa,a, ~wwc7wxx M cd ,21 U b U W • MASTER AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 4th day of January, 2007, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and GeoTek. Inc., hereinafter referred to as "ENGINEER", whose business address is 320 E. Corporate Dr., Suite 300, Meridian, Idaho 83642. INTRODUCTION Whereas, the City has a need for engineering services to be defined by individual Task Orders which will set forth Specific Services, Time of Performance and Payment.; and WHEREAS, the ENGINEER is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Services: 1.1 ENGINEER shall perform and furnish to the City upon execution of this Agreement an associated Task Order and receipt of the City's written notice to proceed, all services, and comply in all respects, as specified in the corresponding Task Order and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents or materials acquired or produced by the ENGINEER in conjunction with the project shall become the property of, and be delivered to, the CITY without any restrictions or limitations with respect to their further use thereof. All documents or materials prepared for the CITY shall not be distributed by the ENGINEER, sub-engineer's, their agents, representatives or employees to any third party without the express written consent of the CITY. Use of these documents by the CITY on any other project, without written verification or adaptation by the ENGINEER for the specific purpose intended, will be at the City's sole risk MASTER AGREEMENT FOR ENGINEERING SERVICES - page 1 of 7 • • and shall be without liability or legal exposure to the ENGINEER. The CITY shall indemnify and hold harmless the ENGINEER from all claims, damages, losses and expenses including attorney's fees arising out of or resulting from the use of such documents. Any verification or adaptation will entitle the ENGINEER to further compensation at rates to be agreed upon by the CITY and the ENGINEER." 1.3 The ENGINEER shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The ENGINEER represents and warrants that it will perform it's work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the ENGINEER and any reports or opinions prepared or issued as part of the work performed by the ENGINEER under this Agreement, ENGINEER makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the ENGINEER at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The ENGINEER shall be compensated as defined by corresponding Task Orders. 2.2 The ENGINEER shall provide the City with a monthly statement, as services warrant, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to ENGINEER under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of ENGINEER. 2.3 Except as expressly provided in this Agreement and conresponding Task Orders, ENGINEER shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including , but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, ENGINEER shall not be entitled by virtue of this MASTER AGREEMENT FOR ENGINEERING SERVICES - page 2 of 7 • Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Time of Performance: This agreement shall become effective upon execution by both parties, and shall automatically renew annually unless sooner terminated in writing. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Engineers business. 4. Independent Contractor: 4.1 In all matters pertaining to this agreement, ENGINEER shall be acting as an independent contractor, and neither ENGINEER nor any officer, employee or agent of ENGINEER will be deemed an employee of CITY. Except as expressly provided in Exhibit A, ENGINEER has no authority or responsibility to exercise any rights or power vested in the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 4.2 ENGINEER shall determine the method, details and means of performing the work and services to be provided by ENGINEER under this Agreement. ENGINEER shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of ENGINEER in fulfillment of this Agreement. 5. Indemnification and Insurance: ENGINEER shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and reasonable attorney's fees, arising out of, resulting from, or in connection with the negligent acts and/or errors or omissions by the ENGINEER, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. ENGINEER shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Professional Liability / Professional errors and omissions One Million Dollars ($1,000,000) aggregate, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' MASTER AGREEMENT FOR ENGINEERING SERVICES - page 3 of 7 • • Compensation Insurance , in the statutory limits as required by law. The CITY shall be named an additional insured on both General Liability and Automotive policies. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, ENGINEER covenants and agrees to indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and reasonable attorney's fees, arising out of, resulting from, or in connection with the negligent acts and/or errors or omissions by the ENGINEER, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees.. ENGINEER shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing ENGINEER'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date ENGINEER begins pertormance of it's obligations under this Agreement. In the event the insurance minimums are changed, ENGINEER shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. 6. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 GeoTek, Inc. Attn: David Waite 320 E. Corporate Dr., Suite 300 Meridian. Idaho 83642 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 7. 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 MASTER AGREEMENT FOR ENGINEERING SERVICES - page 4 of 7 reasonable attorneys' 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 forteiture of this Agreement. 8. Assignment: It is expressly agreed and understood by the parties hereto, that ENGINEER shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 9. Discrimination Prohibited: In performing the Services required herein, ENGINEER shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 10. Reports and Information: 12.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 12.2 ENGINEER shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 11. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of ENGINEER'S records with respect to all matters covered by this Agreement. To the extent permitted by law, ENGINEER shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 12. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other mater7als prepared under this Agreement. MASTER AGREEMENT FOR ENGINEERING SERVICES - page 5 of 7 13. Compliance with Laws: In performing the scope of services required hereunder, ENGINEER shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 14. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of ENGINEER'S compensation, which are mutually agreed upon by and between the CITY and ENGINEER, shall be incorporated in written amendments to this Agreement. 15. Termination: If, through any cause, ENGINEER, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to ENGINEER of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. ENGINEER may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by ENGINEER under this Agreement shall, at the option of the CITY, become its property, and ENGINEER shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, ENGINEER shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by ENGINEER, and the CITY may withhold any payments to ENGINEER for the purposes of set-off until such time as the exact amount of damages due the CITY from ENGINEER is determined. This provision shall survive the termination of this agreement and shall not relieve ENGINEER of its liability to the CITY for damages. 16. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. MASTER AGREEMENT FOR ENGINEERING SERVICES - page 6 of 7 17. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from it's attorney's or the opportunity to seek such advice. 18. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 19. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 20. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN s'~~ , BY: TAMMY EERD, MAY R Dated: Approved by Council: ~ ~`,a~ ~ ~l~~ 12 - 12 - UC-a r~ ~ f°. Attest: °` ~~~ ~~ , ~ ~m~~ _ e ~ s WILLIAM G. BERG, JR., CI ~s~ ~ ~ ,~' ~~` `' Approved as to ontent BY: KEIT S, PURC ING AGENT Dated: / - ~~1 "'D7 Approved as to Form CITY ATTORNEY ENGI (GeoTek, Inc.) BY: David aite Dated: 3/ D Department Approval BY: NAME: TITLE: Dated: MASTER AGREEMENT FOR ENGINEERING SERVICES - page 7 of 7 ~ ~ MASTER AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this day of 2006, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and TransCivil, hereinafter referred to as "ENGINEER", whose business address is 1406 N. Main Street. Suite 202. Meridian. ID 83642 . INTRODUCTION Whereas, the City has a need for engineering services to be defined by individual Task Orders which will set forth Specific Services, Time of Performance and Payment.; and WHEREAS, the ENGINEER is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Services: 1.1 ENGINEER shall perform and furnish to the City upon execution of this Agreement an associated Task Order and receipt of the City's written notice to proceed, all services, and comply in all respects, as specified in the corresponding Task Order and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents or materials acquired or produced by the ENGINEER in conjunction with the project shall become the property of, and be delivered to, the CITY without any restrictions or limitations with respect to their further use thereof. All documents or materials prepared for the CITY shall not be distributed by the ENGINEER, sub-engineer's, their agents, representatives or employees to any third party without the express written consent of the CITY. Use of these documents by the CITY on any other project, without written verification or adaptation by the MASTER AGREEMENT FOR ENGINEERING SERVICES - page 1 of 7 ~ ~ ENGINEER for the specific purpose intended, will be at the City's sole risk and shall be without liability or legal exposure to the ENGINEER. The CITY shall indemnify and hold harmless the ENGINEER from all claims, damages, losses and expenses including attorney's fees arising out of or resulting from the use of such documents. Any verification or adaptation will entitle the ENGINEER to further compensation at rates to be agreed upon by the CITY and the ENGINEER." 1.3 The ENGINEER shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The ENGINEER represents and warrants that it will perform it's work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the ENGINEER and any reports or opinions prepared or issued as part of the work performed by the ENGINEER under this Agreement, ENGINEER makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the ENGINEER at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The ENGINEER shall be compensated as defined by corresponding Task Orders. 2.2 The ENGINEER shall provide the City with a monthly statement, as services warrant, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to ENGINEER under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of ENGINEER. 2.3 Except as expressly provided in this Agreement and corresponding Task Orders, ENGINEER shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including , MASTER AGREEMENT FOR ENGINEERING SERVICES - page 2 of 7 but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, ENGINEER shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Time of Performance: This agreement shall become effective upon execution by both parties, and shall automatically renew annually unless sooner terminated in writing. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Engineers business. 4. Independent Contractor: 4.1 In all matters pertaining to this agreement, ENGINEER shall be acting as an independent contractor, and neither ENGINEER nor any officer, employee or agent of ENGINEER will be deemed an employee of CITY. Except as expressly provided in Exhibit A, ENGINEER has no authority or responsibility to exercise any rights or power vested in the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 4.2 ENGINEER shall determine the method, details and means of performing the work and services to be provided by ENGINEER under this Agreement. ENGINEER shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of ENGINEER in fulfillment of this Agreement. 5. Indemnification and Insurance: ENGINEER shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the negligent acts and/or errors or omissions by the ENGINEER, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. ENGINEER shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars MASTER AGREEMENT FOR ENGINEERING SERVICES - page 3 of 7 ($1,000,000) per incident or occurrence, Professional Liability / Professional errors and omissions One Million Dollars ($1,000,000) aggregate, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance , in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, ENGINEER covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the ENGINEER or Engineer's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. ENGINEER shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing ENGINEER'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date ENGINEER begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, ENGINEER shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. 6. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 TransCivil Attn: John R. Stone. PE 1406 N. Main St. Suite 202 Meridian, ID 83642 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. MASTER AGREEMENT FOR ENGINEERING SERVICES - page 4 of 7 ~ ~ 8. 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 attorneys' 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. 9. Assignment: It is expressly agreed and understood by the parties hereto, that ENGINEER shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 10. Discrimination Prohibited: In performing the Services required herein, ENGINEER shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 11. Reports and Information: 12.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 12.2 ENGINEER shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 12. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of ENGINEER'S records with respect to all matters covered by this Agreement. ENGINEER shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 13. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in MASTER AGREEMENT FOR ENGINEERING SERVICES - page 5 of 7 r ~ the United States or in any other country. The CITY shall have unrestricted authority to publis#~, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 14. Compliance with Laws: In performing the scope of services required hereunder, ENGINEER shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 15. Changes: The CITY may, .from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of ENGINEER'S compensation, which are mutually agreed upon by and between the CITY and ENGINEER, shall be incorporated in written amendments to this Agreement. 16. Termination: If, through any cause, ENGINEER, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to ENGINEER of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. ENGINEER may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by ENGINEER under this Agreement shall, at the option of the CITY, become its property, and ENGINEER shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, ENGINEER shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by ENGINEER, and the CITY may withhold any payments to ENGINEER for the purposes of set-off until such time as the exact amount of damages due the CITY from ENGINEER is determined. This provision shall survive the termination of this agreement and shall not relieve ENGINEER of its liability to the CITY for damages. 17. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or MASTER AGREEMENT FOR ENGINEERING SERVICES - page 6 of 7 • . • enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 18. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from it's attorney's or the opportunity to seek such advice. 19. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 20. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 21. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BY TAMMY de WEERD, MAYOR Attest: WILLIAM G. BERG, JR., CITY CLERK Approved as to Content BY: KEITH WATTS, PURCHASING AGENT Dated: Approved as to Form CITY ATTORNEY ENGINEER -- T'lZA1~1SL~.~v~t. ~+- .~ B .SDI.1t~1 ~. S-tDNE , P. E . Department Approval BY: NAME: TITLE: Dated: MASTER AGREEMENT FOR ENGINEERING SERVICES - page 7 of 7 r ~ MASTER AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 14~' day of November , 2006, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and Materials Testin & Ins ection ,hereinafter referred to as "ENGINEER", whose business address is 2791 S. Victory View Way Boise ID 83709 . INTRODUCTION Whereas, the City has a need for engineering services to be defined by individual Task Orders which will set forth Specific Services, Time of Performance and Payment.; and WHEREAS, the ENGINEER is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Services: 1.1 ENGINEER shall perform and furnish to the City upon execution of this Agreement an associated Task Order and receipt of the City's written notice to proceed, all services, and comply in all respects, as specified in the corresponding Task Order and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents or materials acquired or produced by the ENGINEER in conjunction with the project shall become the property of, and be delivered to, the CITY without any restrictions or limitations with respect to their further use thereof. All documents or materials prepared for the CITY shall not be distributed by the ENGINEER, sub-engineer's, their agents, representatives or employees to any third party without the express written consent of the CITY. Use of these documents by the CITY on any other project, without written verification or adaptation by the MASTER AGREEMENT FOR ENGINEERING SERVICES - page 1 of 7 ~ w ENGINEER for the specific purpose intended, will be at the City's sole risk and shall be without liability or`legal exposure to the ENGINEER. The CITY shall indemnify and hold harmless the ENGINEER from all claims, damages, losses and expenses including attorney's fees arising out of or resulting from the use of such documents. Any verification or adaptation will entitle the ENGINEER to further compensation at rates to be agreed upon by the CITY and the ENGINEER." 1.3 The ENGINEER shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The ENGINEER represents and warrants that it will perform it's work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the ENGINEER and any reports or opinions prepared or issued as part of the work performed by the ENGINEER under this Agreement, ENGINEER makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the ENGINEER at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The ENGINEER shall be compensated as defined by corresponding Task Orders. 2.2 The ENGINEER shall provide the City with a monthly statement, as services warrant, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to ENGINEER under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of ENGINEER. 2.3 Except as expressly provided in this Agreement and corresponding Task Orders, ENGINEER shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including , MASTER AGREEMENT FOR ENGINEERING SERVICES - page 2 of 7 ~ r but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, ENGINEER shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Time of Performance: This agreement shall become effective upon execution by both parties, and shall automatically renew annually unless sooner terminated in writing. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Engineers business. 4. Independent Contractor: 4.1 In all matters pertaining to this agreement, ENGINEER shall be acting as an independent contractor, and neither ENGINEER nor any officer, employee or agent of ENGINEER will be deemed an employee of CITY. Except as expressly provided in Exhibit A, ENGINEER has no authority or responsibility to exercise any rights or power vested in the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 4.2 ENGINEER shall determine the method, details and means of performing the work and services to be provided by ENGINEER under this Agreement. ENGINEER shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of ENGINEER in fulfillment of this Agreement. 5. Indemnification and Insurance: ENGINEER shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the negligent acts and/or errors or omissions by the ENGINEER, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. ENGINEER shall maintain, and specifically agrees that it wilt maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars MASTER AGREEMENT FOR ENGINEERING SERVICES - page 3 of 7 ($1,000,000) per incident or occurrence, Professional Liability / Professional errors and omissions One Million Dollars ($1,000,000) aggregate, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance , in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, ENGINEER covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the ENGINEER or Engineer's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. ENGINEER shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing ENGINEER'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date ENGINEER begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, ENGINEER shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. 6. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 Materials Testing & Inspection Attn: Charles Garrison 2791 S. Victory View Way Boise, ID 83709 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. MASTER AGREEMENT FOR ENGINEERING SERVICES - page 4 of 7 ~ ~ 8. 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 attorneys' 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. 9. Assignment: It is expressly agreed and understood by the parties hereto, that ENGINEER shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 10. Discrimination Prohibited: In performing the Services required herein, ENGINEER shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 11. Reports and Information: 12.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 12.2 ENGINEER shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 12. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of ENGINEER'S records with respect to all matters covered by this Agreement. ENGINEER shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 13. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in MASTER AGREEMENT FOR ENGINEERING SERVICES - page 5 of 7 • • the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 14. Compliance with Laws: In performing the scope of services required hereunder, ENGINEER shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 15. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of ENGINEER'S compensation, which are mutually agreed upon by and between the CITY and ENGINEER, shall be incorporated in written amendments to this Agreement. 16. Termination: If, through any cause, ENGINEER, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to ENGINEER of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. ENGINEER may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by ENGINEER under this Agreement shall, at the option of the CITY, become its property, and ENGINEER shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, ENGINEER shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by ENGINEER, and the CITY may withhold any payments to ENGINEER for the purposes of set-off until such time as the exact amount of damages due the CITY from ENGINEER is determined. This provision shall survive the termination of this agreement and shall not relieve ENGINEER of its liability to the CITY for damages. 17. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or MASTER AGREEMENT FOR ENGINEERING SERVICES - page 6 of 7 enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 18. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from it's attorney's or the opportunity to seek such advice. 19. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 20. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 21. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BY: ENGINEER TAMMY de WEERD, MAYOR BY: Dated: Dated: Attest: WILLIAM G. BERG, JR., CITY CLERK Approved as to Content BY: KEITH WATTS, PURCHASING AGENT Dated: Approved as to Form CITY ATTORNEY Department Approval BY: NAME: TITLE: Dated: MASTER AGREEMENT FOR ENGINEERING SERVICES - page 7 of 7 enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 18. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from it's attorney's or the opportunity to seek such advice. 19. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 20. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 21. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN ENGINEER BY: __. TAMMY de WEERD, MAYOR ~ B Can-les ~a.^,,:sor- 3.,,.,<<d; of yy,~,~,~,..,s Attest: WILLIAM G. BERG, JR., CITY CLERK Approved as to Content Department Approval BY: BY: KEITH WATTS, PURCHASING AGENT NAME: Dated: TITLE: Approved as to Form Dated: CITY ATTORNEY MASTER AGREEMENT FOR ENGINEERING SERVICES - page 7 of 7 • MASTER AGREEMENT F.OR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this day of 2006, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and STRATA, INC., hereinafter referred to as "ENGINEER", whose business address is _8653 Hackamore Drive. Boise. ID 83709. INTRODUCTION Whereas, the City has a need for engineering services to be defined by individual Task Orders which will set forth Specific Services, Time of Performance and Payment.; and WHEREAS, the ENGINEER is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Services: 1.1 ENGINEER shall perform and furnish to the City upon execution of this Agreement an associated Task Order and receipt of the City's written notice to proceed, all services, and comply in all respects, as specified in the corresponding Task Order and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents or materials acquired or produced by the ENGINEER in conjunction with the project shall become the property of, and be delivered to, the CITY without any restrictions or limitations with respect to their further use thereof. All documents or materials prepared for the CITY shall not be distributed by the ENGINEER, sub-engineer's, their agents, representatives or employees to any third party without the express written consent of the CITY. Use of these documents by the CITY on any other project, without written verification or adaptation by the MSA ,STRATA, INC.- page 1 of 7 i ~ ENGINEER for the specific purpose intended, will be at the City's sole risk and shall be without liability or legal exposure to the ENGINEER. The CITY shall indemnify and hold harmless the ENGINEER from all claims, damages, losses and expenses including attorney's fees arising out of or resulting from the use of such documents. Any verification or adaptation will entitle the ENGINEER to further compensation at rates to be agreed upon by the CITY and the ENGINEER." 1.3 The ENGINEER shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The ENGINEER represents and warrants that it will perform it's work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the ENGINEER and any reports or opinions prepared or issued as part of the work performed by the ENGINEER under this Agreement, ENGINEER makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the ENGINEER at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The ENGINEER shall be compensated as defined by corresponding Task Orders. 2.2 The ENGINEER shall provide the City with a monthly statement, as services warrant, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to ENGINEER under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of ENGINEER. 2.3 Except as expressly provided in this Agreement and corresponding Task Orders, ENGINEER shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including , MSA ,STRATA, INC.- page 2 of 7 • but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, ENGINEER shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Time of Performance: This agreement shall become effective upon execution by both parties, and shall automatically renew annually unless sooner terminated in writing. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Engineers business. 4. Independent Contractor: 4.1 In all matters pertaining to this agreement, ENGINEER shall be acting as an independent contractor, and neither ENGINEER nor any officer, employee or agent of ENGINEER will be deemed an employee of CITY. Except as expressly provided in Exhibit A, ENGINEER has no authority or responsibility to exercise any rights or power vested in the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 4.2 ENGINEER shall determine the method, details and means of performing the work and services to be provided by ENGINEER under this Agreement. ENGINEER shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of ENGINEER in fulfillment of this Agreement. 5. Indemnification and Insurance: ENGINEER shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the negligent acts and/or errors or omissions by the ENGINEER, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. ENGINEER shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars MSA ,STRATA, INC.- page 3 of 7 ($1,000,000) per incident or occurrence, Professional Liability / Professional errors and omissions One Million Dollars ($1,000,000) aggregate, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance , in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, ENGINEER covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the ENGINEER or Engineer's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. ENGINEER shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing ENGINEER'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date ENGINEER begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, ENGINEER shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. 6. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 Strata, Inc. Attn: 8653 Hackamore Drive Boise. ID 83709 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. MSA ,STRATA, INC.- page 4 of 7 8. 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 attorneys' 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. 9. Assignment: It is expressly agreed and understood by the parties hereto, that ENGINEER shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 10. Discrimination Prohibited: In performing the Services required herein, ENGINEER shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 11. Reports and Information: 12.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 12.2 ENGINEER shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 12. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of ENGINEER'S records with respect to all matters covered by this Agreement. ENGINEER shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment'and other data relating to all matters covered by this Agreement. 13. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in MSA ,STRATA, INC.- page 5 of 7 ~ ~ the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 14. Compliance with Laws: In performing the scope of services required hereunder, ENGINEER shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 15. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of ENGINEER'S compensation, which are mutually agreed upon by and between the CITY and ENGINEER, shall be incorporated in written amendments to this Agreement. 16. Termination: If, through any cause, ENGINEER, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to ENGINEER of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. ENGINEER may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by ENGINEER under this Agreement shall, at the option of the CITY, become its property, and ENGINEER shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, ENGINEER shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by ENGINEER, and the CITY may withhold any payments to ENGINEER for the purposes of set-off until such time as the exact amount of damages due the CITY from ENGINEER is determined. This provision shall survive the termination of this agreement and shall not relieve ENGINEER of its liability to the CITY for damages. 17. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or MSA ,STRATA, INC.- page 6 of 7 enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 18. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from it's attorney's or the opportunity to seek such advice. 19. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 20. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 21. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BY TAMMY de WEERD, MAYOR Attest: WILLIAM G. BERG, JR., CITY CLERK Approved as to Content BY: KEITH WATTS, PURCHASING AGENT Dated Approved as to Form CITY ATTORNEY ENGINEER - ~~-~vZ~t~~,Sl~c~ .S y'n~Tn, ~+c. I~~~ Z 7, Z c~r~~ Department Approval BY: NAME: TITLE: Dated: MASTER AGREEMENT FOR ENGINEERING SERVICES - page 7 of 7 c MASTER AGREEMENT FrOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this day of 2006, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and STRATA. INC., hereinafter referred to as "ENGINEER", whose business address is _8653 Hackamore Drive, Boise. ID 83709. INTRODUCTION Whereas, the City has a need for engineering services to be defined by individual Task Orders which will set forth Specific Services, Time of Performance and Payment.; and WHEREAS, the ENGINEER is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Services: 1.1 ENGINEER shall perform and furnish to the City upon execution of this Agreement an associated Task Order and receipt of the City's written notice to proceed, all services, and comply in all respects, as specified in the corresponding Task Order and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents or materials acquired or produced by the ENGINEER in conjunction with the project shall become the property of, and be delivered to, the CITY without any restrictions or limitations with respect to their further use thereof. All documents or materials prepared for the CITY shall not be distributed by the ENGINEER, sub-engineer's, their agents, representatives or employees to any third party without the express written consent of the CITY. Use of these documents by the CITY on any other project, without written verification or adaptation by the MSA ,STRATA, INC.- page 1 of 7 ENGINEER for the specific purpose intended, will be at the City's sole risk and shall be without liability or legal exposure to the ENGINEER. The CITY shall indemnify and hold harmless the ENGINEER from all claims, damages, losses and expenses including attorney's fees arising out of or resulting from the use of such documents. Any verification or adaptation will entitle the ENGINEER to further compensation at rates to be agreed upon by the CITY and the ENGINEER." 1.3 The ENGINEER shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The ENGINEER represents and warrants that it will perform it's work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the ENGINEER and any reports or opinions prepared or issued as part of the work performed by the ENGINEER under this Agreement, ENGINEER makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the ENGINEER at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The ENGINEER shall be compensated as defined by corresponding Task Orders. 2.2 The ENGINEER shall provide the City with a monthly statement, as services warrant, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to ENGINEER under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of ENGINEER. 2.3 Except as expressly provided in this Agreement and corresponding Task Orders, ENGINEER shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including , MSA ,STRATA, INC.- page 2 of 7 • but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, ENGINEER shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Time of Performance: This agreement shall become effective upon execution by both parties, and shall automatically renew annually unless sooner terminated in writing. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Engineers business. 4. Independent Contractor: 4.1 In all matters pertaining to this agreement, ENGINEER shall be acting as an independent contractor, and neither ENGINEER nor any officer, employee or agent of ENGINEER will be deemed an employee of CITY. Except as expressly provided in Exhibit A, ENGINEER has no authority or responsibility to exercise any rights or power vested in the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 4.2 ENGINEER shall determine the method, details and means of performing the work and services to be provided by ENGINEER under this Agreement. ENGINEER shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of ENGINEER in fulfillment of this Agreement. 5. Indemnification and Insurance: ENGINEER shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the negligent acts and/or errors or omissions by the ENGINEER, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. ENGINEER shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars MSA ,STRATA, INC.- page 3 of 7 • • ($1,000,000) per incident or occurrence, Professional Liability / Professional errors and omissions One Million Dollars ($1,000,000) aggregate, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance , in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, ENGINEER covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the ENGINEER or Engineer's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. ENGINEER shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing ENGINEER'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date ENGINEER begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, ENGINEER shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. 6. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 Strata, Inc. Attn: 8653 Hackamore Drive Boise, ID 83709 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. MSA ,STRATA, INC.- page 4 of 7 i ! 8. 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 attorneys' 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. 9. Assignment: It is expressly agreed and understood by the parties hereto, that ENGINEER shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 10. Discrimination Prohibited: In performing the Services required herein, ENGINEER shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 11. Reports and Information: 12.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 12.2 ENGINEER shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 12. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of ENGINEER'S records with respect to all matters covered by this Agreement. ENGINEER shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment'and other data relating to all matters covered by this Agreement. 13. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in MSA ,STRATA, INC.- page 5 of 7 r ~ the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 14. Compliance with Laws: In performing the scope of services required hereunder, ENGINEER shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 15. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of ENGINEER'S compensation, which are mutually agreed upon by and between the CITY and ENGINEER, shall be incorporated in written amendments to this Agreement. 16. Termination: If, through any cause, ENGINEER, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to ENGINEER of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. ENGINEER may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by ENGINEER under this Agreement shall, at the option of the CITY, become its property, and ENGINEER shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, ENGINEER shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by ENGINEER, and the CITY may withhold any payments to ENGINEER for the purposes of set-off until such time as the exact amount of damages due the CITY from ENGINEER is determined. This provision shall survive the termination of this agreement and shall not relieve ENGINEER of its liability to the CITY for damages. 17. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or MSA ,STRATA, INC.- page 6 of 7 enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 18. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from it's attorney's or the opportunity to seek such advice. 19. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 20. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 21. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BY: TAMMY de WEERD, MAYOR Attest: WILLIAM G. BERG, JR., CITY CLERK Approved as to Content BY: KEITH WATTS, PURCHASING AGENT Dated Approved as to Form CITY ATTORNEY ENGINEER - ~-~vZ~,-n,~.11•+c~ G'vh-~, .~ rr'~Tr1~ ~+c. I'~~1 Z 7~ Z ~~ Department Approval BY: NAME: TITLE: Dated: MASTER AGREEMENT FOR ENGINEERING SERVICES - page 7 of 7 • MASTER AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 28th day of November, 2006, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and Brown and Caldwell, hereinafter referred to as "ENGINEER", whose business address is 600 East Riverpark Lane, Suite 210. Boise. Idaho 83706. INTRODUCTION Whereas, the City has a need for engineering services to be defined by individual Task Orders which will set forth Specific Services, Time of Performance and Payment.; and WHEREAS, the ENGINEER is specially trained, experienced and competent to peroorm and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Services: 1.1 ENGINEER shall perform and furnish to the City upon execution of this Agreement an associated Task Order and receipt of the City's written notice to proceed, all services, and comply in all respects, as specified in the corresponding Task Order and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents or materials acquired or produced by the ENGINER in conjunction with the project shall become the property of, and be delivered to, the CITY without any restrictions or limitations with respect to their further use thereof. All documents or materials prepared for the CITY shall not be distributed by the ENGINER, sub-engineer's, their agents, representatives or employees to any third party without the express written consent of the CITY. Use of these documents by the CITY on any other project, without written verification or adaptation by the ENGINER for the MASTER AGREEMENT FOR ENGINEERING SERVICES - page 1 of 7 • • specific purpose intended, will be at the City's sole risk and shall be without liability or legal exposure to the ENGINER. The CITY shall indemnify and hold harmless the ENGINEER from all claims, damages, losses and expenses including attorney's fees arising out of or resulting from the use of such documents. Any verification or adaptation will entitle the ENGINER to further compensation at rates to be agreed upon by the CITY and the ENGINER." 1.3 The ENGINEER shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The ENGINEER represents and warrants that it will perform it's work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of pertormance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the ENGINEER and any reports or opinions prepared or issued as part of the work performed by the ENGINEER under this Agreement, ENGINEER makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the ENGINEER at the City's request under this Agreement will be pertormed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The ENGINEER shall be compensated as defined by corresponding Task Orders. 2.2 The ENGINEER shall provide the City with a monthly statement, as services warrant, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to ENGINEER under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of ENGINEER. 2.3 Except as expressly provided in this Agreement and corresponding Task Orders, ENGINEER shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including , MASTER AGREEMENT FOR ENGINEERING SERVICES - page 2 of 7 • • but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, ENGINEER shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Time of Performance: This agreement shall become effective upon execution by both parties, and shall automatically renew annually unless sooner terminated in writing. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of ENGINEERs business. 4. Independent Contractor: 4.1 In all matters pertaining to this agreement, ENGINEER shall be acting as an independent contractor, and neither ENGINEER nor any officer, employee or agent of ENGINEER will be deemed an employee of CITY. Except as expressly provided in Exhibit A, ENGINEER has no authority or responsibility to exercise any rights or power vested in the City. The selection and designation of the personnel of the CITY in the pertormance of this agreement shall be made by the CITY. 4.2 ENGINEER shall determine the method, details and means of pertorming the work and services to be provided by ENGINEER under this Agreement. ENGINEER shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of ENGINEER in fulfillment of this Agreement. 5. Indemnification and Insurance: ENGINEER shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, including injury to persons or damage to property and related costs including litigation costs and attorneys fees, to the extent arising out of, resulting from, or caused by the negligent acts, errors or omissions by the ENGINEER, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. ENGINEER shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured (with respect to General Liability and Automobile Liability) in the minimum MASTER AGREEMENT FOR ENGINEERING SERVICES - page 3 of 7 • amounts as follows: General Liability One Million Dollars ($1,000,000) per occurrence, Professional Liability/Professional errors and omissions One million Dollars ($1,000,000) per claim and annual aggregate, Automobile Liability Insurance One Million Dollars ($1,000,000) occurrence and Workers' Compensation Insurance, in the statutory limits as required by law. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, ENGINEER covenants and agrees to indemnify and save and hold harmless CITY in accordance with the terms herein. ENGINEER shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing ENGINEER's compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date ENGINEER begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, ENGINEER shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a coy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. 6. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 Brown and Caldwell Attn: Steve Buraos 600 East Rivemark Lane. Suite 210 Boise. Idaho 83706 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 8. 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 attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract MASTER AGREEMENT FOR ENGINEERING SERVICES - page 4 of 7 ~ ~ between the parties and shall survive any default, termination or forfeiture of this Agreement. 9. Assignment: It is expressly agreed and understood by the parties hereto, that ENGINEER shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 10. Discrimination Prohibited: In performing the Services required herein, ENGINEER shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 11. Reports and Infonmation: 12.1 At such times and in such forms as the CITY may require, there shall be famished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 12.2 ENGINEER shall maintain all writings, documents and records prepared or compiled in connection with the pertormance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 12. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of ENGINEER'S records with respect to all matters covered by this Agreement. ENGINEER shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 13. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. MASTER AGREEMENT FOR ENGINEERING SERVICES - page 5 of 7 14. Compliance with Laws: In pertorming the scope of services required hereunder, ENGINEER shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 15. Changes: The CITY may, from time to time, request changes in the Scope of Services to be pertormed hereunder. Such changes, including any increase or decrease in the amount of ENGINEER'S compensation, which are mutually agreed upon by and between the CITY and ENGINEER, shall be incorporated in written amendments to this Agreement. 16. Termination: If, through any cause, ENGINEER, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to ENGINEER of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. ENGINEER may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by ENGINEER under this Agreement shall, at the option of the CITY, become its property, and ENGINEER shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, ENGINEER shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by ENGINEER, and the CITY may withhold any payments to ENGINEER for the purposes of set-off until such time as the exact amount of damages due the CITY from ENGINEER is determined. This provision shall survive the termination of this agreement and shall not relieve ENGINEER of its liability to the CITY for damages. 17. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. MASTER AGREEMENT FOR ENGINEERING SERVICES - page 6 of 7 ~ ~ 18. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from it's attorney's or the opportunity to seek such advice. 19. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 20. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 21. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BY: TAMMY e 1 EERD, MAYOR APetzavc~ l3 co~xc~~ ~. ~ Z./~zlo~ Attest: ,.~`~~ ~'°s~ ~ PO a ` ~d ~`` e~ ~~s ~® ~~ ,~~,~ ` /'~~Gf i _ WILLIAM G. BERG, JR., LE '~...~.~~ Approved as to Content ~G ~' KEIT TT , PURC SING AGE Dated: _ 3~ - ,~~ ` Approved as to Form CITY ATTORNEY ENGINEER BY: MARK E. GAGN ,OFFICE MANAGER Department Approval BY: "~~~~ NAME: ~~ Di r Q ~.7~lr' e TITLE: ~ ~-~vl Dated: ~ ~ MASTER AGREEMENT FOR ENGINEERING SERVICES - page 7 of 7 • • MASTER AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this day of 2006, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and TransCivil, hereinafter referred to as "ENGINEER", v/hose business address is 14.06 N. Main Street. Suite 202. Meridian. ID 83642 . INTRODUCTION Whereas, the City has a need for engineering services to be defined by individual Task Orders which will set forth Specific Services, Time of Performance and Payment.; and WHEREAS, the ENGINEER is specially trained, .experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Services: 1.1 ENGINEER shall perform and furnish to the City upon execution of this Agreement an associated Task Order and receipt of the City's written notice to proceed, all services, and comply in all respects, as specified in the corresponding Task Order and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents or materials acquired or produced by the ENGINEER in conjunction with the project shall become the property of, and be delivered to, the CITY without any restrictions or limitations with respect to their further use thereof. All documents or materials prepared for the CITY shall not be distributed by the ENGINEER, sub-engineer's, their agents, representatives or employees to any third party without the express written Consent of the CITY. Use of these documents by the CITY on any other project, without written verification or adaptation by the MASTER AGREEMENT FOR ENGINEERING SERVICES - page 1 of 7 ENGINEER for the specific purpose intended, will be at the City's sole risk and shall be without liability orlegal exposure to the ENGINEER. The CITY shall indemnify and hold harmless the ENGINEER from all claims, damages, losses and expenses including attorney's fees arising out of or resulting from the use of such documents. Any verification or adaptation will entitle the ENGINEER to further compensation at rates to be agreed upon by the CITY and the ENGINEER." 1.3 The ENGINEER shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The ENGINEER represents and warrants that it will perform it's work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the ENGINEER and any reports or opinions prepared or issued as part of the work performed by the ENGINEER under this Agreement, ENGINEER makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the ENGINEER at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The ENGINEER shall be compensated as defined by conresponding Task Orders. 2.2 The ENGINEER shall provide the City with a monthly statement, as services warrant, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to ENGINEER under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of ENGINEER. 2.3 Except as expressly provided in this Agreement and corresponding Task Orders, ENGINEER shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including , MASTER AGREEMENT FOR ENGINEERING SERVICES - page 2 of 7 but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, ENGINEER shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Time of Performance: This agreement shall become effective upon execution 6y both parties, and shall automatically renew annually unless sooner terminated in writing. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Engineers business. 4. Independent Contractor: 4.1 In all matters pertaining to this agreement, ENGINEER shall be acting as an independent contractor, and neither ENGINEER nor any officer, employee or agent of ENGINEER will be deemed an employee of CITY. Except as expressly provided in Exhibit A, ENGINEER has no authority or responsibility to exercise any rights or power vested in the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 4.2 ENGINEER shall determine the method, details and means of performing the work and services to be provided by ENGINEER under this Agreement. ENGINEER shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of ENGINEER in fulfillment of this Agreement. 5. Indemnification and Insurance: ENGINEER shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the negligent acts and/or errors or omissions by the ENGINEER, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. ENGINEER shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars MASTER AGREEMENT FOR ENGINEERING SERVICES - page 3 of 7 ~ i ($1,000,000) per incident or occurrence, Professional Liability / Professional errors and omissions One Million Dollars ($1,000,000) aggregate, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance , in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, ENGINEER covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the ENGINEER or Engineer's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. ENGINEER shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing ENGINEER'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date ENGINEER begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, ENGINEER shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. 6. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 TransCivil Attn: John R. Stone, PE 1406 N. Main St. Suite 202 Meridian, ID 83642 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. MASTER AGREEMENT FOR ENGINEERING SERVICES - page 4 of 7 8. 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 attorneys' 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. 9. Assignment: It is expressly agreed and understood by the parties hereto, that ENGINEER shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 10. Discrimination Prohibited: In performing the Services required herein, ENGINEER sha10 not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 11. Reports and Information: 12.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 12.2 ENGINEER shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 12. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of ENGINEER'S records with respect to all matters covered by this Agreement. ENGINEER shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 13. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in MASTER AGREEMENT FOR ENGINEERING SERVICES - page 5 of 7 ~ ~ the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 14. Compliance with Laws: In performing the scope of services required hereunder, ENGINEER shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 15. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of ENGINEER'S compensation, which are mutually agreed upon by and between the CITY and ENGINEER, shall be incorporated in written amendments to this Agreement. 16. Termination: If, through any cause, ENGINEER, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to ENGINEER of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. ENGINEER may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by ENGINEER under this Agreement shall, at the option of the CITY, become its properly, and ENGINEER shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, ENGINEER shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by ENGINEER, and the CITY may withhold any payments to ENGINEER for the purposes of set-off until such time as the exact amount of damages due the CITY from ENGINEER is determined. This provision shall survive the termination of this agreement and shall not relieve ENGINEER of its liability to the CITY for damages. 17. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or MASTER AGREEMENT FOR ENGINEERING SERVICES - page 6 of 7 ~ ~ enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 18. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from it's attorney's or the opportunity to seek such advice. 19. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 20. Applicable Lavv: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 21. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BY: TAMMY de WEERD, MAYOR ENGINEER - T'EZgtaS~-w~~... ~~ B .SaNlrl ~. SANE , P.~, Attest: WILLIAM G. BERG, JR., CITY CLERK Approved as to Content BY: KEITH WATTS, PURCHASING AGENT Dated: Approved as to Form CITY ATTORNEY Department Approval BY: NAME: TITLE: Dated: MASTER AGREEMENT FOR ENGINEERING SERVICES - page 7 of 7 MASTER AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 14~' day of November , 2006, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 Easfi Idaho Avenue, Meridian, Idaho 83642, and Materials Testing & Inspection ,hereinafter referred to as "ENGINEER", whose business address is 2791 S. Victory View Way Boise ID 83709 . INTRODUCTION Whereas, the City has a need for engineering services to be defined by individual Task Orders which will set forth Specific Services, Time of Performance and Payment.; and WHEREAS, the ENGINEER is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Services: 1.1 ENGINEER shall perform and furnish to the City upon execution of this Agreement an associated Task Order and receipt of the City's written notice to proceed, all services, and comply in all respects, as specified in the corresponding Task Order and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents or materials acquired or produced by the ENGINEER in conjunction with the project shall become the property of, and be delivered to, the CITY without any restrictions or limitations with respect to their further use thereof. All documents or materials prepared for the CITY shall not be distributed by the ENGINEER, sub-engineer's, their agents, representatives or employees to any third party without the express written consent of the CITY. Use of these documents by the CITY on any other project, without written verification or adaptation by the MASTER AGREEMENT FOR ENGINEERING SERVICES - page 1 of 7 • ENGINEER for the specific purpose intended, will be at the City's sole risk and shall be without liability ors legal exposure to the ENGINEER. The CITY shall indemnify and hold harmless the ENGINEER from all claims, damages, losses and expenses including attorney's fees arising out of or resulting from the use of such documents. Any verification or adaptation will entitle the ENGINEER to further compensation at rates to be agreed upon by the CITY and the ENGINEER." 1.3 The ENGINEER shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The ENGINEER represents and warrants that it will perform it's work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the ENGINEER and any reports or opinions prepared or issued as part of the work performed by the ENGINEER under this Agreement, ENGINEER makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the ENGINEER at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The ENGINEER shall be compensated as defined by corresponding Task Orders. 2.2 The ENGINEER shall provide the City with a monthly statement, as services warrant, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a con-ect invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to ENGINEER under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of ENGINEER. 2.3 Except as expressly provided in this Agreement and corresponding Task Orders, ENGINEER shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including , MASTER AGREEMENT FOR ENGINEERING SERVICES - page 2 of 7 but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, ENGINEER shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Time of Performance: This agreement shall become effective upon execution by both parties, and shall automatically renew annually unless sooner terminated in writing. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Engineers business. 4. Independent Contractor: 4.1 In all matters pertaining to this agreement, ENGINEER shall be acting as an independent contractor, and neither ENGINEER nor any officer, employee or agent of ENGINEER will be deemed an employee of CITY. Except as expressly provided in Exhibit A, ENGINEER has no authority or responsibility to exercise any rights or power vested in the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 4.2 ENGINEER shall determine the method, details and means of performing the work and services to be provided by ENGINEER under this Agreement. ENGINEER shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of ENGINEER in fulfillment of this Agreement. 5. Indemnification and Insurance: ENGINEER shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the negligent acts and/or errors or omissions by the ENGINEER, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. ENGINEER shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars MASTER AGREEMENT FOR ENGINEERING SERVICES - page 3 of 7 ($1,000,000) per incident or occurrence, Professional Liability / Professional errors and omissions One Million Dollars ($1,000,000) aggregate, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance , in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, ENGINEER covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the ENGINEER or Engineer's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. ENGINEER shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing ENGINEER'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date ENGINEER begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, ENGINEER shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. 6. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 Materials Testing & Inspection Attn: Charles Garrison 2791 S. Victory View Way Boise, ID 83709 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. MASTER AGREEMENT FOR ENGINEERING SERVICES - page 4 of 7 8. 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 attorneys' 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. 9. Assignment: It is expressly agreed and understood by the parties hereto, that ENGINEER shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 10. Discrimination Prohibited: In performing the Services required herein, ENGINEER shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 11. Reports and Information: 12.1 At such tomes and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 12.2 ENGINEER shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 12. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of ENGINEER'S records with respect to all matters covered by this Agreement. ENGINEER shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 13. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in MASTER AGREEMENT FOR ENGINEERING SERVICES - page 5 of 7 the United States or in any other country. The CITY shall have unrestricted authority to publisfi, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 14. Compliance with Laws: In performing the scope of services required hereunder, ENGINEER shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 15. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of ENGINEER'S compensation, which are mutually agreed upon by and between the CITY and ENGINEER, shall be incorporated in written amendments to this Agreement. 16. Termination: If, through any cause, ENGINEER, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to ENGINEER of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. ENGINEER may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by ENGINEER under this Agreement shall, at the option of the CITY, become its property, and ENGINEER shall be en#itled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, ENGINEER shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by ENGINEER, and the CITY may withhold any payments to ENGINEER for the purposes of set-off until such time as the exact amount of damages due the CITY from ENGINEER is determined. This provision shall survive the termination of this agreement and shall not relieve ENGINEER of its liability to the CITY for damages. 17. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or MASTER AGREEMENT FOR ENGINEERING SERVICES - page 6 of 7 enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 18. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from it's attorney's or the opportunity to seek such advice. 19. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 20. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 21. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BY: TAMMY de WEERD, MAYOR Dated: Attest: WILLIAM G. BERG, JR., CITY CLERK Approved as to Content BY: KEITH WATTS, PURCHASING AGENT Dated Approved as to Form CITY ATTORNEY ENGINEER BY: Dated: Department Approval BY: NAME: TITLE: Dated: MASTER AGREEMENT FOR ENGINEERING SERVICES - page 7 of 7 • • enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 18. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from it's attorney's or the opportunity to seek such advice. 19. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 20. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 21. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BY: TAMMY de WEERD, MAYOR i./ Attest: WILLIAM G. BERG, JR., CITY CLERK Approved as to Content BY: KEITH WATTS, PURCHASING AGENT Dated Approved as to Form CITY ATTORNEY ENGINEER 6 ~ Cti~'/eS C=4•^,+~'3rlr- .~~'~r~rd: of vila.:/at~;'.~ /~/Jy7l{~,'q~5 ~~'hj, s Io,~yrL~~d~~'1 Department Approval BY: NAME: TITLE: Dated: MASTER AGREEMENT FOR ENGINEERING SERVICES - page 7 of 7 • • December 8, 2006 MERIDIAN CITY COUNCIL MEETING December 12, 2006 APPLICANT ITEM NO. S-N REQUEST Task Order No. 4 with Civil Survey Consultants, Inc. for Engineering Services Related to Floodplain Management not to exceed $20,000 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 attached V'' ~° I Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. i Ci ty of Mer id ialli ~ , ~. Pu bl ic Wor ks D , ept.. ~~ ~ Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer ~i~ CC: File Date: 12/6/06 •~,~cE~~ ~~C 0 ~ 2006 ~~ty ®~° li~eridia~ Cam EClerk ®ffiee Re: Proposed Agenda Item for December 12, 2006 City Council Meeting The Public Works Department respectfully requests the following item be placed on the December 12 City Council agenda, under Consent Agenda, for Council's consideration: Task Order 4 with Civil Surve Consultants Inc for En ineerinq Services Related to Floodplain Management Services under this task order will include consultation on floodplain management issues such as review of existing code and requirements, performing surveys and hydraulic analysis, and general consultation. Recommended Council Action: The Public Works Department recommends that City Council approves Task Order 4 with Civil Survey Consultants, Inc. for Engineering Services Related to Floodplain Management for a cost not to exceed $20,000 and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding this item. ~ Page 1 • TASK ORDER N0.4 CITY OF MERIDIAN (OWNER) AND CIVIL SURVEY CONSULTANTS INC. (ENGINEER) This Task Order is issued by Owner and accepted by the Engineer pursuant to the mutual promises, covenants and conditions contained in the Agreement between the above named parties dated November 8, 2006. CITY OF MERIDIAN ENGINEERING SERVICES RELATED TO FLOODPLAIN MANAGEMENT PURPOSE The Engineer's scope of services, time of completion and compensation shall be as set forth, herein. Services shall generally be described as Engineering Consulting Services. TASK 4.1 - FLOODPLAIN MANAGEMENT DEVELOPMENT REVIEW Per the City's request, Engineer will provide consultation on Floodplain Management Issues. Consultation will include research regarding existing and proposed development in flood prone areas, provisions to insure new development is reasonably safe from flooding, and mitigation of existing conditions that are not compliant with FEMA regulations or City Code. Engineer will assist City staff in review of existing and proposed development, FEMA regulations, and City Code. Engineer may perform surveys including obtaining title reports to verify or establish field conditions. TASK 4.2 -HYDRAULIC ANALYSIS Engineer will perform hydraulic analysis as necessary to establish existing conditions, show the effects of proposed development, or show the effects caused by existing development that was not analyzed at the time of development. Engineer will perform surveys to establish existing conditions or perform research to establish pre-development conditions. LJ TIME OF COMPLETION f~ Engineering services will be completed on an as needed basis and time of completion will be set as services are requested. COMPENSATION The Not-To-Exceed amount for this Task Order No. 4 is twenty thousand dollars ($20,000.00). The hourly rate for services and direct expenses is attached (Prevailing Fee Schedule Effective October 1, 2006) and by this reference made a part hereof. CITY OF MERIDIAN BY: TAMMY de WEERD, MAYOR ENGIN ER BY. IM THY A. BUR SS VICE PRESIDENT Attest: WILLIAM G. BERG, JR., CITY CLERK Desi n Services Classification Hours Rate Total Project Manager Chief Of Surveys Project Engineer Land Surveyor Design Engineer 1 Design Engineer 2 Design/Survey Technician 1 Design/Survey Technician 2 0 0 0 0 0 0 0 0 $ 105.00 $ 105.00 $ 95.00 $ 85.00 $ 85.00 $ 80.00 $ 75.00 $ 65.00 $ - $ - $ - $ - $ - $ - $ - $ - Labor Subtotal 0 $ Meridian-Overland@Linder-Staking.xls • • December 8, 2006 MERIDIAN CITY COUNCIL MEETING December 12, 2006 APPLICANT ITEM NO. S-~ REQUEST Task Order 618a with Civil Survey Consultants, Inc. for Construction Staking for Water and Sewer Improvements Associated with ACHD Overland, Linder to Meridian Road Project not to exceed $8,900.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. City ®f ~e~isiia~ City Clerk ~pi~i ee Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., StafO• Engineer CC: File Date: 12/6/06 Re: Proposed Agenda Item for December 12, 2006 City Council Meeting The Public Works Department respectfully requests the following item be placed on the December 12 City Council agenda, under Consent Agenda, for Council's consideration: Task Order 618a with Civil Survev Consultants Inc for construction staking for water and sewer improvements associated with ACHD Overland Linder to Meridian proiect This agreement is for providing the service of construction staking for the water and sewer improvements associated with the ACHD Overland, Linder to Meridian project. Recommended Council Action: The Public Works Department recommends that City Council approves Task Order 618a with Civil Survey Consultants, Inc. for construction staking for the water and sewer improvements associated with the ACHD Overland, Linder to Meridian project at a cost not to exceed $8,900 and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding this item. • Page 1 • • I TASK ORDER NO. 618a CITY OF MERIDIAN (OWNER) AND CIVIL SURVEY CONSULTANTS INC. (ENGINEER) This Task Order is issued by Owner and accepted by the Engineer pursuant to the mutual promises, covenants and conditions contained in the Agreement between the above named parties dated November 8, 2006. CITY OF MERIDIAN CONSTRUCTION STAKING FOR WATER AND SEWER IMPROVMENTS IN CONJUNCTION WITH ACRD OVERLAND, CINDER TO MERIDIAN ROAD PROJECT PURPOSE The Engineer's scope of services, time of completion and compensation shall be as set forth herein. Services shall generally be describes as Engineering Consulting Services per the Engineer's proposal dated 11/8/06. TASK 618a.1 -CONSTRUCTION STAKING Engineer will provide construction staking necessary for completion of the water and sewer improvements in conjunction with the ACHD Overland, Linder to Meridian Road project on a time and materials basis with a not to exceed amount of $8,900.00 without prior approval of the City of Meridian. TIME OF COMPLETION Engineering services will be completed as needed in conjunction with the ACHD Overland, Linder to Meridian Road project. COMPENSATION The Not-To-Exceed amount for this Task Order No. 618a is eight thousand nine hundred dollars ($8,900.00). The hourly rate for services and direct expenses is attached (Prevailing Fee Schedule Effective October 1, 2006) and by this reference made a part hereof. i ~ • CITY OF MERIDIAN ENGINEER BY: - BY: TAMMY de WEERD, MAYOR Attest: WLLLIAM G. BERG, JR., CITY CLERK .% c ~ w N 3 W O d V tL d ~ Z `° rn' o C a m .~ a R 'O C~ C G v Q ~ v a co 0 v c ~o L , a o , o o a o ~ ~ r ~ m ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m ai O ~ O ui W ~i O ~ri O c O iri ~., ui m Q' m ~U u- ~ c9 v> v> v~ cfl ca~ m ~ = O ap 'd' 0 0 0 ~ ~ p w U ~" N N N ~ C U U ~ O C C N a~- N m m m ~ m Z c ~,c c m m ~ U ~tq Grnm ~~> ; . ~ ~ n W W WfAN c22 ~i~~'iu) c ~ N m m mD._ waoo a t oo c ia~ oo . ~ ~~~~~~~~ 00000000 00000000 m ~~~~~o~ ooW~~~~~ fA [A 69 fA to (A H9 fA © 7 0 0 0 0 0 0 0 0 0 Z O = m N C .~ 0 C e' N ~ W N 3 c"S c c ~ ~ N m m _ ~~ c m rn ~ 2 Z o ~~W ~W Wfn lA '~ ~ ~ !n c c ~c ~c ~ ~ 0 aiagoo o p , 0 a 0 o o ' o o m ~ ~ ~ ° o ~ N l0 ~ O U C~ vs 2 N o c o ~ i a n m ~ ~ t"i U i ~aU' o 0 0 LL O ~7 tD C E w 0 F W LL ~ ~ o c _~ m m c w W .o c o m c m 'v .c m December 8, 2006 MERIDIAN CITY COUNCIL MEETING • December 12, 200b APPLICANT ITEM NO. S-P REQUEST Change Order No. 1 of Contract with DC Engineering for Installation and Programming of Remote Terminal Units at 8 Pressure Reducing Valve Locations not to exceed $2,700.94 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at pubUc meetings shah become properly of the Cily of Meridian. 1~ • 1ftECEi~7EI9 SEC 0 ~ 2006 City ®f I~exleii~ City Clerk ®ffice Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer ~~ CC: File Date: 12/6/06 Re: Proposed Agenda Item for December 12 City Council Meeting The Public Works Department respectfully requests the following item be placed on the December 12 City Council agenda, under Consent Agenda, for Council's consideration: Chance Order Number 1. Water and Sewer Improvements in Coniunction with the Locust Grove Grade Separation: This change order adds a service to Williams Northwest Pipeline as required by the right-of-way agreement made by ACHD. Since ITD is administering the Grade Separation contract, ITD will reimburse the City for this work. Recommended Council Action: The Public Works Department recommends that City Council approves Change Order Number 1 for Water and Sewer Improvements in Conjunction with the Locust Grove Grade Separation for a cost of 17,910 and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding this item. • Page 1 • CHANGE ORDER NO. 1 No. 1 DATE OF ISSUANCE EFFECTIVE DA' OWNER City of Meridian CONTRACTOR: Cascade Pipeline Corooration CONTRACT: Water and Sewer Improvements in Conjunction with the Locust Grove Grade Separation Description: This change order consists of the following work: • Install sewer service to Parcel #1 (Williams Nothwest Pipeline) as required by ACHD right-of--way agreement. • This cost will be reimbursed to the City by ITD. CHANGE IN CONTRACT PRICE: Original Contract Price $ 212.198.00 Net Increase (Decrease) from previous Change Orders No. 0 to 0 $ 0.00 Contract Price prior to this Change Order: $ 212,198.00 Net increase (decrease) of this Change Order: $ 17.910.00 Contract Price with all approved Change Orders: $ 230.108.00 RECOMMENDED K le Radek, PE Staff Engineer Date: ~ ~ ~o ~~ Approved by City Council: CHANGE IN CONTRACT TIMES: Original Contract Times: Substantial Completion: Ready for final payment: (days or dates) Net change from previous Change Orders No. to No. _ Substantial Completion: Ready for final payment: (days) Contract Times prior to this Change Order: Substantial Completion: Ready for final payment: (days or dates) Net increase (decrease) this Change Order: Substantial Completion: Ready for final payment: (days) Contract Times with all approved Change Orders: Substantial Completion: z Ready for final payment: (days or dates) APPROVED Tammy de Weerd, Mayor ATTEST William G. Berg, Jr., City Clerk Date: Date: EJCDC 1910-&B (1996 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. ~n .~ -~•- - ~ Grxeaet BNarNeExwa Co~tc~axF , P.O. Box 1135 • Mcrit:lian, Idaho 83.680 • Bus: (208) 895-OZg6 • • Fax:-(ZO$) 898-0144 , PROPOS~,~ CONTRACT TO: Cl'I'X OF' Ar,~RIDIAN DATE: 11/27/06 ATTN:IC'YI,E RADEK Subject to the terms hereof we hereby m iiunish slt labor, meterlat and equipment fetthe cauiplelios~ in a. good,and Worknnantike maiuavr, of the wort desoribnd below on the following dea~'4cd property: ' DESC'T'ION~ PROPERTY: LOCUST GROVE ~ ~ ~ ' STREET ADDRESS _... C;TT'Y oR 7'Ats7N .,:.: DESCR~'TIQI~' OF WORK: -_- -- "~-- wvt~1 i DESCRIPTION "- UANTITY UNIT PRICE TOTAL 4~ SEW~~ SR~''VICE . 4°° SERVICE PEE A~80LF '15,160.00 4" CLEANOUT SEA ~ 2 750.00 GRAND 'T'OTAL ~ $1.?,9f0.tl0 E7~CLOSYONS; ASPIYALT, SOD &" CONCRRTR REPAIR TERMS QF PAYIVIENT• 4ubjact to T+~stns and Conditions are attached hereto, which are rdfarred to and hereby,made part ofthis Proposal tmd Gohtsyiet. ,411 terms of this proposaal ea®to be integrated with any ether cenbad pmtaining t4 the sanea work ACr~?n• ~~--- - •---- ., f ~ , 'B'Y' •gUYER' __.......__._ Y DAT'z3 ~ W .., _.. _._.~ ___.. ~ DATE Page 1 l ' d 9~b~6£' ~N ,f. Wb'BI~OI 9002 'LZ'~~N • • December 8, 2006 MERIDIAN CITY COUNCIL MEETING December 12, 2006 APPLICANT ITEM NO. S-Q REQUEST Approval of Bid for Water and Sewer Improvements in Conjunction with ACHD Locust Grove, Franklin, to Fairview Road Project to Central Paving for $348,459.20 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• COMMENTS See aBached /,~ r~' ~ U"I " Materials presented at public meetings shall become property of the C11y of Meridian. Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer ~~ CC: File, Len Grady Date: 12/6/06 Re: Proposed Agenda Item for December 12 City Council Meeting The Public Works Department respectfully requests the following item be placed on the December 12 City Council agenda, under Consent Agenda, for Council's consideration: Approval of bid for Water and Sewer Improvements in conjunction with ACRD Locust Grove Franklin to Faniew project. ACHD received bids for this project. The bid amount for the water and sewer improvements for the overall project low bidder is $348,459.20. The engineer's estimate was $323,768.00. This work will be done as a part of the ACHD contract. Recommended Council Action: The Public Works Department recommends that City Council approves the bid of $348,459.20 for Water and Sewer Improvements in conjunction with ACHD Locust Grove, Franklin to Fairview project and authorizes Engineering to go ahead with the project. Thank you for your consideration. Please contact me if you have any questions regarding this item. • Page 1 10/24/2006 TL1E 11:55 FAg 208 387 6159 ACRD DESIGN SDRVEY X010 - i • 5P 7977 Remove Tree (6"+} •~ • ~ 59 EA O1 Bidde $295.00 '~',t7"~05t1Et'~F Qa Bidder__ $300.00 .`.`.>~•$3~;tOD500; A ,• ....,.5 >. u 03 Bidd ~ • $322.00 •:':, r:$•1~;J98~G`0=Y 4 Bidder $350.00 ;$2i1;$~p~~< F_stirnafe 5400.00 y;;$~i~OD7~^; ,_ .. . SP 2000 •~ Remove Buikiirrg•• 5 EA 09 Bidd $3,675.00 ;~ •~~t~s~u~ 02 Bidder X3,675.00 ':~~oa-;: 03 Bidde $6,410.110 • ~ ">'• 050:x;=" ~~. ,.250:'00.x.:• c"..s:d...~ ...ti:..... ..,__._:_._.. Btddat $3,850.00 ;::'$1~9'•• .... .. SP 2700 Abandon Existing Well __. 1 FA 01 ~p:a,VVV.VV $1,575.00 arB,dder •• $1,720.00 Esfonate $3,000.00 SP 2217 Temporary Tratfic Lanes ~-.. 5320 LF O1 BM $D.00 03 Bidde 524.30 • - Estimate _ _ - $17.00 SP 25090 Directed Surveying 2 man crew ... ..80 . ~ HR~ 09 B• $125.00 03 B/dd ...$159.00 Estimate ~SP 25091 Direr~ed Spnr2ying 3-rr~n rdewr 3o HR 07 Bidde $120,00 $16Q.OQ 03 BiddB $21200 Estimate SP 25092 Directed Surveying Office •-~.. 30 HR 09 Bidde $200.00 $80A0 Computdti0n ~ _ ..._ 03 Bidde $99.40 Estimate ' $925.00 .. SP 25095 Survey rn9 1 LS Oi Bidde .•. . - .. ..._ ..- $47,000.00 03 Kidd 555,60p.00 E~mate ~ 540,000.00 n/~~/ ~,f,f..... h V f B+V VG ~~.";:!.cT;:.Sy'~i'°k';i'i~~„; ~i~s.~yys~.,~~„ p.`/: ;,:17%r,'':r'-•:•-M::-• e.~ •,•:~:~fv~G1•j+i,P/,.+!F'^,i OZ Q/d •^~...~ nwT:: ~''•,.. F:~.ti:-~•~ ,.qV:d'+• /^~~~ p~y,~~~ -e~°S~Ji}oSiytr:,})~ •iti:r ;% • •~~ y~ •t ~y,~~,~, ....;w::y. ~.~1' ~+.VVQ/;.'.•r1Y;^n«~ .:'a'.-^~;~r'!!`!a.~•I~i~t ~wl.~/iNR ~• r: ~:::YY;.~.::5~-:1!_.•~j yin Schedule 2 - Merldtan Sower ~ water Impravams~ts (Locust Grave, FrankllniFairvierov) ~~ ~~^~ - Locust GROVe Rd, Franklin ftd / FahvlBw Ave ~p207.4.1A1 Removal of pbsvuetions 1 L5 09 Bilkf $7A,OOD.QO 03 8fdale $3,450.00 ' _ E~mate 0307.4.1.G.1 A Type'P' Surface Restoration 19 ~r 01 B• $1,800.00 5125.p0 (Aermanentj • -~ 03B/dd' $11i4.00 ' Est~maie 0307.4,1.6,18 Type~'P' SurFac~e Resforatioo 275 SY O1 Bidde -".. •• $40.00 $40.00 i (temporary) 03 8'13.40 Estimate O40i•4.1A1 A Water Main PVC Plpe - Slie 6° - 74 LF • 01 Bidder $35.00 $3¢.75 AW WA C800, Class 150 DR 18 • ; , 03 Bill 84140 '^_ Estimate I040t.4.1.A1 B Water Main PVC Pipe - SIDS 8° - 548 LF 018idde $25.00 ?. $39,80 AWWA 0900, CIr355 150 DR 1B , 03 $5,Y•50 - ~, E'st/mat® 0407,4,1A1 C Water Main PVG Pipe =Size 10" - 568 LF 01 Bidde $40.00 $42.00 :g AWWA C900, Class 160. DR 18 .. ... pg Bid 549.90 ; Estimate ~0409.4.1.A.1 D Water Main PVC Pipe -Size 12" - 9879 ~ LF 107 B!d $42.00 $4.4.00 AWWA 6900, Gass 150, DR 18 03 _ $59.80 ~: y ' Estimate 0402,d,tAl A~ Gate Vavve - She 6^ 2 ER 01 845.00 ; $800.00 03 Bi $1,090.00 Estimate 040Z.4 1 A 1 i3 Gate Valve -Siz 8° $1,300.00 s . . . e 10 EA 09 Bid $1,050.00 03 Bidden $1,320.00 Estimate! 8'1,600.00 ~:; 03 10!1$12008 ; CT20T-01 Locust Grove ROaat: Franldm Road to Fainvigw Avenue Bidder $630.00 ~ - r::$~;.!}p•„» Bidder _•=i«~i,,. -$2,000.00 ;,$2;~000(jQj Blafder $11.00 =$SB5~O:;Od;~~ Bidtler ,• $23-~ ~':~'~i956~40° Bidder $125.00 '~":" " .. ,_ ~bi~GO ' Bidder- $150.00 ~~ ;g4~•SDik,O.~:~^ Budder $185.00 -r~-,,.'r--~- I'•::~•aa$5G%00 Bidder $200.00 ~'Y~~a;~ao Bidder $80.00 ~=';:= . .... Bidder $100,00 >_.r$3;a0.0OG'.~;. Bidder $57,220.00 ~228'ad0 ~.a ~•.~.~ r,• B+dd9r $59,225.00 ~_=~'. 2 Brp'det $10,500.!10 • i•~_O~q~t~:!, 4 Bidder 54,000.00 ...;: 'fv`,~;'~~~`N;<t 28idder- .. •$/0.00 =~x7!D;~Or 4 Bidder 846.00 ~'' <""~495:~0.0•.a? Bidder $30.00 ~;+>~°';$B;~'60:'00'„ • P Bidder 545.00 -.,,r.. ~c$~1;? ~:~~il;'~r' 'Bidder. -_ 836.50 . <~;;ng~:7GtiU~0~;:, F Bidder $40.00 ::„•~~g~~:~~.~ 'Bidden" $40.00 r-..---..,...•--.~•.- ;' . . I BtddBr' $55.00 ~a~:,$2Gr'tdQ:OQ•" "Bidder 2.00 $4 ~"' .~~~3:~~~r Bidder $600.00 ~$3A0,%60G:;OG;; : ' Bidder $50.00 -t.w:.;;. ^?:`„•.._;:,..,.- Bidder $800.00 ;^'~~~q;:n Bidder- 5800,00 '-~"l60,.0::OO::c Bidder $1,050.00 =~~D°'5GOCG~i7 Bidder $1000.Q0 ""-'• ~;:l9;tlQO:OG;! e. Page e 10/24/2006 TIIE 11:55 FA% 208 387 6159 ACRD DESIGN SURVEY • 04DZ4.1.A1 C Gate Valve -Size 10° 4 FrA D? Sid 03 B' _ Estima 0403.4.1A1 _ ~ ~ New Fire Hydrant Assembly 2 EA 01 Sidd 03 B' QCQA.4.1A1 Water Servl~ Connection, Size 1° 2 ~~ 018idd . 03 Bidd Estimat 0501.4.19.1 Sanitary Sewer Pipe -Size 8" - 455 1.F 07 ' PVC ASTM D3034, SDR 35 ~ ...... 03 Bldd Estima 05024.1.A1 ~~ ~~~~ Sanr~ary Sewer Manhole - Type ~., 1 EA p7 SiOfd 48" .~ ,. • • ~ 03 Bldde trim 03Q24,1.F.1 Gonnerfion Pipe t0 Ex~fing 3 EA 07 t3iafCe ' ;Manhcie ..... ._ 03 t3~(e E ' Q50d.4.1.A1 Sewer Service Pipe, Size - 4°, 124 l_F 01 Bid PVC, ASTM D3034, SDR 35 03 Bldde . Esti 0504.4.1D.1 Sewer 3er~ice Connection-'Size•4°•~~ 2 EA 07 Bidde 03 tai ~u ~0706.4.1.G.1 Conaefe Repair 8 - - ... . ~ SY 101 ' . .. i . 03 t~tim 2030.4.1.C.1 Valve Box, Avast to Grade 26 ~.4 09 ' •03 Bidde SP 003 02" Blow-off Asssmb !Y per SD ~ ~ ~~ 11 E4 07 B/d ~~ ~ Estima rSP 002 ~ ~ Hot Tap Existing Water Mairt _ ...._.._._.......... 17 EA -- OT Kidd 03.81 Esiimaf SP 003 Adjust E~dsfir-g Water Main at New- 3 EA 09 Bidde Pipe Crossing 03 Bidd ` Estlma SP 004 ~-~~• • Relocate Existing Fire,Hydrarit 1 EA 09 Sidde Assembly ~ 03 Bi ' u:stim 5P 005 Upgrade Storm Drain Pipe m 1 EA 09 t5idde """ -Water Class Pipe 03 Bi l=sU SP 006 A instal[ Water Main Under Railroad 60 LF 09 Tracks (boring and jacking) ...... __ 03.81 • Estimate SP QOfi B install Water Main Under Railroad 140 LF p1 Bidde Tracks (open trench) ~'~~ 03 Bldde Estimate SP 007 Lawn Sad R¢storation 149 SF 018(dde 03,sidd C'.sfirrlate SP 008 AbBnUon Existing Water Main 2 EA 09 Bidda 03 Bidd Estimate $1,575.00 %?~'s$6;3005QG`r r o 51,7t;o.oo $1.800.00 :.~~;~:q.2aut~: t~"$720b:'00„ r $2,990.00 ~4;;$~'900300~. :.~p~~ • .. .... ..... . o Sz,BDO_aD $2,100.00 :~< . _ ~=~::~$4;2dd3C0~: _ $1,440.00 ~;;•B~QOpiz e $2,300.00 .~i$4Fb'00~0 r $47.25 ~5138.OD _ ~%$2~:>49$;7:5,'•': „M$52;79b:OGs=' o $55.00. 5025sFJD%` $3,675.00 $4.890.00 ~:'`'S~:6p5Q0'r •;:$4;89,OAD''•~~ e 54,D00.00 .rI-,:er$4,000;•QO'~: $3150.00 x~;!$~jdi`bA:>r+ ... $1,720.00 ~`'~?~:$5;~;6C5~: @ ~200.D0 •~'•"i':.p~w~~Qc± r $5.25 $92.00 ~ °i%s$6~'4:~Or_ ~~~:r~,... . ::;>$'tyi4;0,8,,0,0;";,' i .~.. _ $43A0 .....~. $1,720.00 ....,.;,. • • • • , 7 ': ~ `..... _ ..,. .et.L ... ...-.....••M ~';$34~D~ r 5300.00 ~~'"'''•-:'560.0:00x ;,:t:., r Ss5.00 ..x.50 _ +:i t) >i~~~-:i' ~~L 1 $65.00 ''•~"`•':?:;'$,520:'00" r 521 Q.A O ~?= ~"$S;?sBi~:l~p;~';• i .....-. ........... . r . $325.00 ~=~;$>~;'.r4.~'~:~" ....$1. 57 5. 0 0`•.`~:~•'r•`~~Y15~t)~?. ~ ~ ~ ,n 51 ss4o.oo ~.:~~.`T7MI~~o4: $2.000.00 =~$2~OGO~Od'=. $7,320.00 $1.610.00 F~$:T4~Gi:Q6;: { `?;5!1~,;7?I;t}.'~gs: $2,000.00 :'522~OOtao' .. 51,050.00 '`: "•.. $2,300.00 ;.-c;~"~~%~!~ ; { 53,0.00 ;'';$9~tlQOc'00,.: 52,625.00 ,^f;$~,'~`00,,:,;'c $1,950.00 _~ . . _•~$~;950OOE'~i 51 zoo.DO • $5,250.00 • ; " :~~~~oo~o;. ::;:3`E.525'~>DA„; l $805.00 i r;;'•$$03:CG 3 t :..w 5600.00 :~'e::;:~•?SBDitflO-? 539$.00 j~c$Z3~OOtIl~:`•: 5543.00 ,. :~;$.~804iQ'•.z $400.00 >~ ~~22Q;6DDE00"?' $265.00 r~3T't'00`00._'z ~_~ w .. _ 5172.00 °.~.::~a.~osio~o;: ^$x5.00 ~'>w~,°.t~,~90b r.r. $4.75 : ~';~:>$~OT•'XS<. $2.80 `~'=;%bi$?~32Y~:` 0 $5.00 ~..,,.>~;..• 52,825.00 E~.~~r~.250~:" 0 •. r,. . de -dde t raide t e Brotde t a at Sdrrrat mate mate Bidde ate >~ddB Estimate de to e to ate mate r .$3,750.00 5^'QO~~'w0 $900.00 a ~~$i;$00:"OD':- ~] 011 02 Bldd¢r $1,575.00 -'~.Sr,63300:~0`"? 04 Bidder 51.45o.DO ~ 5so~.~o:';: 02 Bidder $3,4.00.00 .~5:$5;'S'QOQO;:' 04 Bidder $3,000.00 ~'~~BQQ;QGtlrt 02 Bi1td+4r 52,100.00 :~'<,:.:., 'Z0000 "' 04 Bidder $1,400,Q0 ~ ~$2800:ti~0~. 02 Bidder $47.00 :~$~f.'r^~,,,~5i00~;;; D4 Bidder $150.00 "::$68;9:00:,° 02 Bidder ~$3,675.00 ~~~'$3;$73OOs; D4 Bidder $5,000.00 :`.$6,`0`0•b:0i~' 02 Bio~er $3,150A0 ,4~0O~~f agBiG{der $9,850.00 '~~:''~~56~4i~• 72 Bidder $525 ~' •~~0%<~ a4 Bidder $90.00 ••.`•.~'S'~'L,~~.~O~t6; a2 Bidder 51,Ob'D.00 •: ~~o~oow a4 Bidder 51,s5o.po ;::,°sti~oa~• a2 Brdder $40.00 •'"~:'~:5.~.2fh..0a•, a4 Bra'der 542.00 '•'i'-' I.5336~o~vN:. :,_rr:...,_.~.., )2 Bidder $275.00 "". a~~$~,DO'; ?4 Bidder $700.00 ~'=~?IB;~?OOGOF ?2 Snider $1,575.00 ',^'•~.$'~.r326:'~IQr .yr/+~'1 7<F Bidder $1.760.00 ;;v;S~I$;~6D;OOr )2 Bidder 51,310.00 'g~:;~J4d10`00„< ~Sidder 51,550.00 .:;$.°,17tf5Q~00 ~_- K:.:.x..:.~:-...~~. 12Bfdder' S1,D50.00 :;~-1~~~' >4 Bidder $2,200.00 ?5 ~$SBOd:[!G't r2 Bidder $2,625.00 ~;$Z~gq((~. a4 Budder $1,s0o.DO ~•,~~~~oa~oo:;? 12 Bidder 55,250.00 '~;_$5.;26;OQO`>: I4131dder^ -$800.OD ~;';:"~ppwp'0;•• r2 Bidder $400.D0 -:;$~A,'~0"~~{~':! i4 Bidder $520.00 ':•:v~.~2Dfltb0'; ~ Bidder 5265.00 ~;y,~d(Q:~;`. ~4 Bidder 5175.00 : ~.~?4~GOGO"r~ ~2 Bidder $5.00 ~ ~"~'" r%;~:n$'f 43500' _.. . • ,: ~•..::.•....... •. !4 Bidder 55.00 w;v,~:•Se7.1C5sdtt, 2 Bidder $2,626.00 :".:~' -w;'S5Sfl0'd 4Bidder " '$i;~OD.oa ~;~sazan.oo 10//92008 : C7207-01 Locust Drove Road, Fianidm Road la Fairview Avenue Page 7 10/24/2006 TL1E 11:56 FAg 208 387 6159 ACRD DESIQV SURS'EY ~. I~j. 012 SP 009 - • ~ . ~'... , Retogte E~dsting Water Mefer ~ 3 EA o7 Bidde $$ 5 2 5.00 r-:s$g~67 ~~Lfti` 28i ~ . ~ ader $525.00 ~ ~r;<$!(z .•3r00 . • Os Bldd ss ff~~ ~ ~Y~.~U.OO :>' + yr .~• •9119dBr $770.00 • . .. . y'~Q "•$ 5P 010 Modified 2" water Service EstimBfe ...., . $550.00 :z: .rc-•57s66@;:Oli::r ..... : . ~.._ ... .._ , Conneot'ion T EA 01 Bidde ,.... ~.w....,.. $2.625.00 ..~;., _...._. ;,'5.:00:: 2Bidder $2,625.00 ~'?>`~ 25:4'0; • ..,... n-.asr.S,•7'g840A0;: Bidder $1.760.00 . !~~+ y~~j T:i y~~'VM_ • ' « ............. ... ~_.. u .. EStRRatB SP 011 Tem •.... .._ . ... P~Y~mpieTap 1 t.S 018idde ,.•, .~ $1 800 00 _ •~~•~,g nn//~~~/(~/~ _ ~j~YM~Y,A:': $1 575 00 P$' ` ... . . •. ~ -- . ,_ , . ~a.$1 ' f^~ 28idder $1,575.00 '(•:% ,,^..7.!Y,~•r:V."GW; : r .... B~d~c'J W~.i~.W -•'::r+:;.+,~:.v YY Y -M ~/%M .J r..~..._,_._ .__._...._.,. Estimate SP 012 Storrs Water Marsagement •' 1 lS 09 Bidde .. -••_., •:: • • - $600.00 ..:....,, •- ....r,•..:~-$~!?~`•0„4:ri $5 000 Q = • ~ ~ • , , , , ....... _... _ _ • , . O ;;? OOffs00 : •=•.. .. r ............... 2 Bidder $5,500.00 -'s'GDa~' 03B/dder $1q,000.00 ~ cc ,Q,'QDOGO~,' ..._.._':o pJ 04 Ord der 10,000.00 0,~a0~00~~, •-,••--.----.,.-.,__ 07 Brdder::. ~:.: d.+ ~' 0~0 ::' ;- ~ • ESfrrrt8fe ... $1,300.00 02 B :.:: , ... --~fi;~v(!q"~ - • ,. , ,. •. . , -a•::;~;~.:.`;•;;.•:..:_::>`:;:..~ 04 Bidder;;, ..,.•.•;:.;, .:. -... ... .:,_••~~:s .., ~;7'~6~OQ%;: ~~' I 036idC(8r ~:i~•:`:.::';;r'-•:::v. •:c~.:., :,::•..:::~;.. .•,•:;~-•:~:~+F2~;95 + ................... 0:~0'-i ... ... ~ ~ ~/~ ~/~ CRptrACt TOtdt6 • .. _ , .:..•...,,rdder......,.....,;:.;.:::•~:•::.:~:•::'S~i.?l'R,Od8:82.;r .04'BIrfQer::.-•::':::::.:•x::.;:.:::::;.,~;.; ......... • •; ... '$S 1.7 9 ~ ' oZ~mc!e~: ...._...~ ........:..:. '•' • •` '::::~:`::':c-~~=':~;::;•::^. ........ . .....:...-,.:.::.:.•~4ET88S455w ~03:`.., ,. .....,:::;:..•:::. _..... ...:...,...~ ::!g5;ff69`~•9~''6ds%: . ; .. ......., ~• ; 7 0.00~; ~~ ` F~ ~OII9/ZOU6 'CT207-09 Locust Grove Roan Franklin Rcadfo FairviewAvenue Page 8 y • • December 8, 200b MERIDIAN CITY COUNCIL MEETING December 12, 2006 APPLICANT ITEM NO. S-R REQUEST Approval of Bid for Water and Sewer Improvements in Conjunction with ACHD Overland, Topaz to Cloverdale Road Project to Masco, Inc. for $298,397.90 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • • ~~c~~v~~ ~it~y Clerk Of~~ Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer l~~ CC: File, Len Grady Date: 12/6/06 Re: Proposed Agenda Item for December 12 City Council Meeting The Public Works Department respectfully requests the following item be placed on the December 12 City Council agenda, under Consent Agenda, for Council's consideration: Approval of bid for Water and Sewer Improvements in conjunction with ACHD Overland, Topaz to Cloverdale project. ACRD received bids for this project. The bid amount for the water and sewer improvements for the overall project low bidder is $298,397.90. The engineer's estimate was $313,236.00. This work will be done as a part of the ACHD contract. Recommended Council Action: The Public Works Department recommends that City Council approves the bid of $298,397.90 for Water and Sewer Improvements in conjunction with ACHD Overland, Topaz to Cloverdale project and authorizes Engineering to go ahead with the project. Thank you for your consideration. Please contact me if you have any questions regarding this item. • Page 1 I' ~; gp-25113 Equipment Washdown Area 1 LS 01 n~ Schedule 3 - INerldtan Sewer >~ Water Improvements (Overland, TopazlCloverdale) RD072 504002 Ov®rland Rd, Topaz Ave / Cloverdale Rd I0207.4.1.A1 Removal of Obstructlons 1 I LS 101 Bfdde $1,160.00 $1,t6Qp0 03 Bidde $6,000.00 $6,000.00 Estimate $6,500.00 $6,500.00 0307.4.1.6.1 Type'P' Surface Restoration 300 SY 01 Bidde $15.00 $4,500.00 (temporary) 03 Bidde $38 00 $10 800 00 . , . Estimate $30.00 $9,000.00 0401.4.1.A1 A 10" PVC, AWWA C900, Class 150; 18 LF 01 Bidde $44.10 $793.fl0 DR 18, Water Main 03 Bidde $94 00 $1;692 00 . . Estimate $60.00 '- :51.080.00 0401.4.1.A 1 B 12" PVC, AW WA C900, Class 150, 1837 LF 01 Bidde DR 18, Water Main 03 Bidde Estimat 0402.4.1.A1 A 10" Gate Valve 1 F~4 01 Bidde 03 Bidde Estimate 0402.4.1.A1 B 12" Gate Valve 5 FA 01 Bfdde 03 Bidde Estimate 0501.4.1.8.1 A OS" PVC, ASTM D3034, SDR 35, 1099 LF 01 Bidde Sanitary Sewer Pipe 03 Bidde 0501.4.1.8.1 B 10" PVC, ASTM D3034, SDR 35, 539 LF 01 Sanitary Sewer Pipe 03 I0502.4.1.A1 A 48" Sanitary Sewer Manhole -Type A 4 IEAI01 03 0502.4.1.A1 B 60" Sanitary Sewer Manhole -Type 2 EA 01 B ~ 0503.4.1.A1 Sewer Clean-out -Size 08", Type T 1 EA 01 03 $80.00 $98,220.00 $85.00 I`$T06,405.00 $1,840.00 $1,640.00 ' . $1,920.00 $1,820.00 $2,200.00 $2;200.00 $1,890.00 $9;450.00 $2,180.00 $1:0,800.00 $2,400.00 $12,000.00 $130.00 $142,870.00 $82.00 ', $90;118.00 $57.00 $62;843.00 $55.80 $30,Q76.20 $85.00 $45,815.00 $92.00 $49;588.00 $4,180.00 $16;720A0 $3,380.00 $13,440.00 , $4,500.00 $18,000.00 $5,980.00 $11,980:OQ $5,400.00 $10,800.00 $8,000.00 $16,000:00 -- $620.00 $820:00 ~ $900.00 $900.00 ~ $1,000.00 e r $1,000AO Bidder $28,351.00 Bidder $31,000.00 Bidder $15,750.00 ~ $15,750.1?0 Bidder $11,000.pO ~ $11,000.00 Bidder Bidder $25.10 $45.00 $7;530.00 :$13,500:00 Bidder Bidder $59.99 $82.00 `$1,079.82 ` $1,118.00: Bidder $65.28 '$106,830.62 Bidder $88.00 ..$111,31.6.00 Bidder $2,331.33 $2;331.33 Bidder $2,436.00 $2;436.00 Bidder $2,420.80 -$12;104.00 Bidder Bidder $2,530.00 $54.73 _ $12,650.00 $60;148.27 Bidder $57.00 $82,643.00 Bidder $90.52 $48,790.28 Bidder $95.00 $51;205.00 Bidder Bidder $4,836.33 $5,080.00 $19,345.32 $20,320.00 Bidder Bidder $6,446.69 $6,725.00 $12;893.38 $13,450.00 Bidder 8ldder $799.92 $836.00 $798.92 $836.Q0, 8/31/2006 CT206-21 Overland Road Page 9 ;i iA 0 PVC, ASTM D3034, SDFa~~ 136 ~ LF ~ 01 - Sewer Service Pipe 03 c 0504.4.1.D.1 Sewer Service Connection to 1 Fro 01 Main -Size 04" 03 SP 1 02" Blow-ff Assembly per SD 7.12 5 Fro 01 Bidder (~ 03 Bidder Estimate SP 2 Modified 2" Water Service 2 Fro 01 Bidder Connection 03 Bidder SP 3 Upgrade Irrigation Pipe to Water 4 Fro 01 Bidder Class Pipe 03 Bidder Estimate Sp 4 Storm Water Management 1 LS 01 Bidder 03 Bidder $40.00 $5,d 02 Bidder $36.31 $4,938.18 $56.00 $7,61&00 04 Bidder $38.00 $5,188.00 $45.00 s . $8,120.00 $75.10 `$75.10 02 Bidder $273.66 $273.66 $780.00 $780.00: 04 Bidder $286.00 _ $288.00 $300.00 $300.00 $1,800.00 $9,000.00 02 Bidder $1,894.54 $9,472.70 $2,400.00 - $12,000.00 04 Bidder $1,980.00 :'$9,900.00 $2,000.00 : $10,000.00. _ $2,230.00 $4,460.00 ` 02 Bidder $2,441.85 $4,883 70 $2,400.00 $4,800.00. 04 Bidder $2,552.00 $5,104,OQ $2,500.00 $5,000:00 $240.00 $980:00 02 Bidder $2,105.04 $8,420.16.: $800.00 , $2,400.00 04 Bidder $2,200.00 $8,800.00 $600.00 $2,400.00 $2,360.00 $2,380.00.02 Bidder $25,000.00 $25,000.110 130,000.00 $30,000:t]0 04 Bidder $40,000.00 $40,000.00 Estimate $5,000.00 $5,000.00 01 Bidder $298,397.90 ` 02 Bidder $340,591'.32 03 Bidde _ $348,10100 ., 04 Bidder $389,730.00`- Estimate $313,236.00 Contract Totals '01 Bidder < $3,858,912.02 02 Bidder $4;488,314'.90. 03 Brdde $4,897;949.82 ,. _ _._t 04 L3idder $5,102;746.10 .Estimate $4,p99,838.43, !; 8/31/2006 CT206-21 Overland Road Page 10 i~ L J r~ LJ December 8, 2006 MERIDIAN CITY COUNCIL MEETING December 12, 2006 APPLICANT ITEM NO. S-S REQUEST Change Order No. 1 for Water and Sewer Improvements in Conjunction with the Locust Grove Grade Separation with Williams Northwest Pipeline for $17,910.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials• COMMENTS See attach®d Materials presented at public meetings shall become properly of the City of Meridian. • • - DEC 0 ~ 2000 ~-. City Of IVteridian City Clerk Office Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer /k~ CC: File Date: 12/6/06 Re: Proposed Agenda Item for December 12, 2006 City Council Meeting The Public Works Department respectfully requests the following item be placed on the December 12 City Council agenda, under Consent Agenda, for Council's consideration: Chance Order Number 1, of Contract with DC Enaineerina for Installation and Programming of Remote Terminal Units (RTUs) at 8 Pressure Reducina Valve (PRV) Locations This change order of $2,700.94 covers the relocation of the receiving radio from well #18 to the Water Division Headquarters and adjustments to radio antennas at the PRV sites. Recommended Council Action: The Public Works Department recommends that City Council approves Change Order Number 1 of contract with DC Engineering for Installation and Programming of Remote Terminal Units (RTUs) at 8 Pressure Reducing Valve (PRV) Locations for a cost of $2,700.94 and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding this item. • Page 1 CHANGE ORDER NO. 1 DATE OF ISSUANCE EFFECTIVE DA OWNER _ City of Meridian CONTRACTOR. DC Enameeenna. CONTRACT: Installation and Proarammina of Remote Terminal Units (RTUs) at 8 Pressure Reducina Valves (PRVsI Project No. 0604 Description: This change order consists of the following work: • Move radio receiver (antenna, power, etc.) from well 18 to Water Division Headquarters and aim PRV radio antennas at new location. CHANGE IN CONTRACT PRICE: Original Contract Price $ 4.950.00 Net Increase (Decrease) from previous Change Orders No. 0 to 0 $ 0.00 Contract Price prior to this Change Order: $ 4,950.00 Net increase (decrease) of this Change Order: 2 700.94 Contract Price with all approved Change Orders: $ 7,650.94 RECOMMENDED Kyle dek, PE Staff Engineer Date: ~ ~ G~ CHANGE IN CONTRACT TIMES: Original Contract Times: Substantial Completion: Ready for final payment: (days or dates) Net change from previous Change Orders No. to No. _ Substantial Completion: Ready for final payment: (days) Contract Times prior to this Change Order: Substantial Completion: Ready for final payment: (days or dates) Net increase (decrease) this Change Order: Substantial Completion: Ready for final payment: (days) Contract Times with all approved Change Orders: Substantial Completion: Ready for final payment: (days or dates) APPROVED Tammy de Weerd, Mayor ATTEST William G. Berg, Jr., City Clerk Date: Date: EJCDC 1910-8-B (1996 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of Ameriq and the Construction Specifications Institute. • December 8, 2006 MERIDIAN CITY COUNCIL MEETING December 12, 2006 APPLICANT ITEM NO. S-T REQUEST Approve New Beer 8~ Wine Licenses for Smoky Mountain Piaa 8~ Pasta Fairview Lakes, LLC dba Smoky Mountain Piaeria Grill of 980 East Fairview Avenue AGENCY COMMENTS CITY CLERK: See atFached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • December 8, 2006 MERIDIAN CITY COUNCIL MEETING December 12, 2006 APPLICANT ITEM NO. S-U REQUEST .Agreement between City and Kreizenbeck Constructors for Construction Management Services for Water Department Building at 2235 Northwest 8th Street AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: COMMENTS 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. e ~ Document B801~CMa -1992 Standard Form of Agreement Befinreen Owner and Construction Manager where the Construction Manager is NOT a Constructor AGREEMENT made as of the First day of December in the yeaz of Two Thousand Six (In words, indicate day, month and year) ADDITIONS AND DELETIONS• BETWEEN the Owner The author of this document has . (Name and address) added information needed for its completion. The author may also City of Meridian have revised the text of the original AIA standard form. An Additions and 660 East Watertower, Suite Z00 Deletions Report that notes added Meridian, Idaho 83642 information as well as revisions to the standard form text is available and the Construction Manager: from the author and should be (Name and address) reviewed. A vertical line in the left margin of this document indicates Kreizenbeck Constructors, Limited Liability Company where the author has added 251 East Front Street necessary information and where Suite 110 the author has added to or deleted Boise, Idaho 83702 from the original AIA text. for the following Project: This document has important legal (Include detailed description of Project, location, address and scope.) consequences. Consultation with an attorney is encouraged with respect to its completion or modification. 06-021 Meridian Water Department Building 2235 Northwest 8th Street This document is intended to be Meridian, Idaho 83642 used in conjunction with the 1992 This project consists of a 10,600 square foot single story building of construction class editions of AIA Documents II1B. In addition to normal building construction tasks this work also includes 8141/CMa, Al o1/CMa and , construction of fencing and temporary parking areas. A2o1/CMa. The Architect is: (Name and address) BRS Architects 1010 S. Allante Street, Suite 100 Boise, ID 83709 The Owner and Construction Manager agree as set forth below. AIA Document 6801 TMCMa -1992 Copyright ©1973, 1980 and 1992 by The American Institute of Archkects. All rights reserved. WARNING: This AIA` Document la protected by US. Copyright Lew and IrtternaUonal Trestles. Uneuthoryd repr~uction or distribution of this AIA® Document, or arty portion of it, mey resuN in were civil and crlrnlnel penalty, end will be prosecuted to the maximum extent possible under the law. This document was produces by AIA software at 13:45:01 on 12/12/2006 under Order No.1000216595_i which expires on 1/17/2007, and is not for resale. User Notes: (3144937434) • ARTICLE 1 CONSTRUCTION MANAGER'S RESPONSIBILITIES § 1.1 CONSTRUCTION MANAGER'S SERVICES § 1.1.1 The Construction Manager's services consist of those services performed by the Construction Manager, Construction Manager's employees and Construction Manager's consultants as enumerated in Articles 2 and 3 of this Agreement and any other services included in Article 14. § 1.1.2 The Construction Manager's services shall be provided in conjunction with the services of an Architect as described in the edition of AIA Document B 141, 5tandazd Form of Agreement Between Owner and Architect, current as of the date of this Agreement. The AIA Document B 141 was executed before Owner considered engaging a Construction Manager for this Project. Owner shall notify Architect of the involvement of the Construction Manager and Owner shall negotiate with Architect any necessary modifications to the AIA Document B141 to accommodate and incorporate the Construction Manager's services into the Project. § 1.1.3 The Construction Manager shall provide sufficient organization, personnel and management to carry out the requirements of this Agreement in an expeditious and economical manner consistent with the interests of the Owner. § 1.1.4 The services covered by this Agreement aze subject to the time limitations contained in Section 13.5.1. ARTICLE 2 SCOPE OF CONSTRUCTION MANAGER'S BASIC SERVICES § 2.1 DEFINITION § 2.1.1 The Construction Manager's Basic Services consist of those described in Sections 2.2 and 2.3 and any other services identified in Article 14 as part of Basic Services. § 2.2 PRE-CONSTRUCTION PHASE § 2.2.1 The Construction Manager shall review the program furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. § 2.2.2 The Construction Manager shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other. § 2.2.3 Based on eazly schematic designs and other design criteria prepazed by the Architect, the Construction Manager shall prepare preliminary estimates of Construction Cost for program requirements using area, volume or similaz conceptual estimating techniques. The Construction Manager shall provide cost evaluations of alternative materials and systems. § 2.2.4 The Construction Manager shall expeditiously review design documents during their development and advise on proposed site use and improvements, selection of materials, building systems and equipment, and methods of Project delivery. The Construction Manager shall provide recommendations on relative feasibility of construction methods, availability of materials and labor, time requirements for procurement, installation and construction, and factors related to construction cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, and possible economies. § 2.2.5 The Construction Manager shall prepaee and periodically update a Project Schedule for the Architect's review and the Owner's acceptance. The Construction Manager shall obtain the Architect's approval for the portion of the preliminazy project schedule relating to the performance of the Architect's services. In the Project Schedule, the Construction Manager shall coordinate and integrate the Construction Manager's services, the Architect's services and the Owner's responsibilities with anticipated construction schedules, highlighting critical and long-lead-time items. § 2.2.6 As the Architect progress with the preparation of the Schematic, Design Development and Construction Documents, the Construction Manager shall prepare and update, at appropriate intervals agreed to by the Owner, Construction Manager and Architect, estimates of Construction Cost of increasing detail and refinement. The estimated cost of each Contract shall be indicated with supporting detail. Such estimates shall be provided for the Architect's review and the Owner's approval. The Construction Manager shall advise the Owner and Architect if it appeazs that the Construction Cost may exceed the latest approved Project budget and make recommendations for corrective action. AIA Document 8801 *mCMa -1992 Copyright ©1973, 1980 and 1992 by The American Institute of ArchRects. All rights reserved. WARNWGI: This AIA° Document is protected by US. Copyright Law and Intemattonal Treat. U~uthortzed reproduction or distributJon of this AIA® Document, or any portion of it, mey mutt in were civil and Crhninai penalties, and wiU be pros~uted to the m®rimum extent possible under the law. This document was produced by AIA software at 13:45:01 on 12/12/2006 under Order No.1000216595_t which expires on 1/17/2007, and is not for resale. User Notes: (3 1 4493 7434) § 2.2.7 The Construction Manager shall review the Construction Documents and make recommendations whenever design details adversely affect constructability, cost or schedules. § 2.2.8 The Construction Manager shall be responsible for the assignment of responsibilities for temporazy Project facilities and equipment, materials and services for common use of the Contractors. The Construction Manager shall verify that such requirements and assignment of responsibilities aze included in the proposed Contract Documents. § 2.2.9 The Construction Manager shall allocate responsibilities for safety programs among the Contractors. § 2.2.10 The Construction Manager shall advise on the division of the Project into individual Contracts for various categories of Work, including the method to be used for selecting Contractors and awazding Contracts. If multiple Contracts aze to be awazded, the Construction Manager shall review the Construction Documents and make recommendations as required to provide that (1) the Work of the Contractors is coordinated, (2) all requirements for the Project have been assigned to the appropriate Contract, (3) the likelihood of jurisdictional disputes has been minimized, and (4) proper coordination has been provided for phased construction. § 2.2.11 The Construction Manager shall prepaze a Project construction schedule providing for the components of the Work, including phasing of construction, times of commencement and completion required of each Contractor, ordering and delivery of products requiring long lead time, and the occupancy requirements of the Owner. The Construction Manager shall provide the current Project construction schedule for each set of bidding documents. § 2.2.12 The Construction Manager shall expedite and coordinate the ordering and delivery of materials requiring long lead time. § 2.2.13 The Construction Manager shall assist the Owner in selecting, retaining and coordinating the professional services of surveyors, special consultants and testing laboratories required for the Project. § 2.2.14 The Construction Manager shall provide an analysis of the types and quantities of labor required for the Project and review the availability of appropriate categories of labor required for critical phases. The Construction Manager shall make recommendations for actions designed to minimize adverse effects of labor shortages. § 2.2.15 The Construction Manager shall assist the Owner in obtaining information regarding applicable requirements for equal employment opportunity programs for inclusion in the Contract Documents. § 2.2.18 Following the Owner's approval of the Construction Documents, the Construction Manager shall update and submit the latest estimate of Construction Cost and the Project construction schedule for the Architect's review and the Owner's approval. (Paragraph deleted) § 2.2.18 The Construction Manager shall develop bidders' interest in the Project and establish bidding schedules. The Construction Manager, with the assistance of the Architect, shall issue bidding documents to bidders and conduct prebid conferences with prospective bidders. The Construction Manager shall assist the Architect with regazd to questions from bidders and with the issuance of addenda. § 2.2.19 The Construction Manager shall receive bids, prepare bid analyses and make recommendations to the Owner for the Owner's awazd of Contracts or rejection of bids. § 2.2.20 The Construction Manager shall assist the Owner in preparing Construction Contracts and advise the Owner on the acceptability of Subcontractors and material suppliers proposed by Contractors. § 2.2.21 The Construction Manager shall assist the Owner in obtaining building permits and special permits for permanent improvements, except for permits required to be obtained directly by the various Contractors. The Construction Manager shall verify that the Owner has paid applicable fees and assessments. The Construction Manager shall assist the Owner and Architect in connection with the Owner's responsibility for filing documents required for the approvals of governmental authorities having jurisdiction over the Project. AIA Document 6801 TmCMe -1992. Copyright ©1973, 1980 and 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright t.aw and Intematiorrel Trestles. Urtauthorized reproduction or distribution of this AIA® Document, or eny portion of it, may resuR in ~vere civil and crhninel peneldea, and wilt be prosecuted to the maximum extent possible under the law. This document was produces by AIA software at 13:45:01 on 12/12/2006 under Order No.1000216595_i which expires on 1/17/2007, and is not for resale. User Notes: (3144937434) § 2.3 CONSTRUCTION PHASE•ADMINISTRATION OF THE CONSTRUCTION CONTRACT § 2.3.1 The Construction Phase will commence with the awazd of the initial Construction Contract or purchase order and, together with the Construction Manager's obligation to provide Basic Services under this Agreement, will end 30 days after final payment to all Contractors is due. § 2.3.2 The Construction Manager shall provide administration of the Contracts for Construction in cooperation with the Architect as set forth below and in the edition of AIA Document A201/CMa, General Conditions of the Contract for Construction, Construction Manager-Adviser Edition, current as of the date of this Agreement. § 2.3.3 The Construction Manager shall provide administrative, management and related services to coordinate scheduled activities and responsibilities of the Contractors with each other and with those of the Construction Manager, the Owner and the Architect to endeavor to manage the Project in accordance with the latest approved estimate of Construction Cost, the Project Schedule and the Contract Documents. § 2.3.3.1 The Construction Manager shall provide a full time Project Superintendent and any necessary assistants during the construction phase. The Project Superintendent shall be approved by the Owner, which shall not be unreasonable withheld. If the Project Superintendent leaves the employ of the Construction Manager, the Construction Manager shall submit his replacement to the Owner for prior approval, which shall not be unreasonably withheld. § 2.3.4 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures, progress and scheduling. The Construction Manager shall prepare and promptly distribute minutes to the Owner, Architect and Contractors. § 2.3.5 Utilizing the Construction Schedules provided by the Contractors, the Construction Manager shall update the Project construction schedule incorporating the activities of the Contractors on the Project, including activity sequences and durations, allocation of labor and materials, processing of Shop Drawings, Product Data and Samples, and delivery of products requiring long lead time and procurement. The Project construction schedule shall include the Owner's occupancy requirements showing portions of the Project having occupancy priority. The Construction Manager shall update and reissue the Project construction schedule as required to show current conditions. If an update indicates that the previously approved Project construction schedule may not be met, the Construction Manager shall recommend and implement corrective action upon the concurrence of the Owner. § 2.3.6 Consistent with the various bidding documents, and utilizing information from the Contractors, the Construction Manager shall coordinate the sequence of construction and assignment of space in areas where the Contractors are performing Work. § 2.3.7 The Construction Manager shall endeavor to obtain satisfactory performance from each of the Contractors. The Construction Manager shall recommend courses of action to the Owner when requirements of a Contract aze not being fulfilled. The Construction Manager shall implement corrective action to be taken upon the concurrence of the Owner. § 2.3.8 The Construction Manager shall monitor the approved estimate of Construction Cost. The Construction Manager shall show actual costs for activities in progress and estimates for uncompleted tasks by way of comparison with such approved estimate. § 2.3.9 The Construction Manager shall develop cash flow reports and forecasts for the Project and advise the Owner and Architect as to variances between actual and budgeted or estimated costs. § 2.3.10 The Construction Manager shall maintain accounting records on authorized Work performed under unit costs, additional Work performed on the basis of actual costs of labor and materials, and other Work requiring accounting records. § 2.3.11 The Construction Manager shall develop and implement procedures for the review and processing of applications by Contractors for progress and final payments. AIA Document 8801 TMCMe -1992 Copyright ©1973,1980 and 1992 by The American Institute of Architects. All rights reserved. WARNWG: This AIA® Document is protected by U.S. CopyrtgM Law and intemaUonal Treaties. Uireuthori~d reproduction or distributlon of this AIA® Document, or atry 4 portion of it, may result in severe civil and Criminal peneities, and will be pr~uted to the maximum extent posaUile under the law. This document was produced by AIA software at 13:45:01 on 12/12/2006 under Order No.1000216595_1 which expires on 1 /17/2007, and is not for resale. User Notes: (3144937434) M ~ § 2.3.11.1 Based on the Construction Manager's observations and evaluations of each Contractor's Application for Payment, the Construction Manager shall review and certify the amounts due the respective Contractors. § 2.3.11.2 The Construction Manager shall prepare a Project Application for Payment based on the Contractors' Certificates for Payment. The Construction Manager shall not submit a Project Application for Payment more than once a month unless agreed to by the Owner. § 2.3.11.3 The Construction Manager's certification for payment shall constitute a representation to the Owner, based on the Construction Manager's determinations at the site as provided in Section 2.3.13 and on the data comprising the Contractors' Applications for Payment, that, to the best of the Construction Manager's knowledge, information and belief, the Work has progressed to the point indicated and the quality of the Work is in accordance with the Contract Documents. The foregoing representations aze subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Construction Manager. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. § 2.3.11.4 The issuance of a Certificate for Payment shall not be a representation that the Construction Manager has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences for the Contractor's own Work, or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 2.3.12 The Construction Manager shall review the safety programs developed by each of the Contractors for purposes of coordinating the safety programs with those of the other Contractors. The Construction Manager's responsibilities for coordination of safety programs shall not extend to direct control over or charge of the acts or omissions of the Contractors, Subcontractors, agents or employees of the Contractors or Subcontractors, or any other persons performing portions of the Work and not directly employed by the Construction Manager. § 2.3.13 The Construction Manager shall determine in general that the Work of each Contractor is being performed in accordance with the requirements of the Contract Documents, endeavoring to guazd the Owner against defects and deficiencies in the Work. As appropriate, the Construction Manager shall have authority, upon written authorization from the Owner, to require additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. The Construction Manager, in consultation with the Architect, may reject Work which does not conform to the requirements of the Contract Documents. § 2.3.14 The Construction Manager shall schedule and coordinate the sequence of construction in accordance with the Contract Documents and the latest approved Project construction schedule. § 2.3.15 With respect to each Contractor's own Work, the Construction Manager shall not have control over or chazge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work of each of the Contractors, since these aze solely the Contractor's responsibility under the Contract for Construction. The Construction Manager shall not be responsible for a Contractor's failure to carry out the Work in accordance with the respective Contract Documents. The Construction Manager shall not have control over or chazge of acts or omissions of the Contractors, Subcontractors, or their agents or employees, or any other persons performing portions of the Work not directly employed by the Construction Manager. § 2.3.16 The Construction Manager shall transmit to the Architect requests for interpretations of the meaning and intent of the Drawings and Specifications, and assist in the resolution of questions that may arise. § 2.3.17 The Construction Manager shall review requests for changes, assist in negotiating Contractors' proposals, submit recommendations to the Architect and Owner, and, if they are accepted, prepare Change Orders and Construction Change Directives which incorporate the Architect's modifications to the Documents. AIA Document 6801 T""CMa -1992. Copyright ©1973, 1980 and 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® D~ument is protected by U.S. Copyright Law and Intemetional Treatt~. Unauthot~zed reproduction or diatribudon of this AIA® Document, or any portion of ft, nu~y resuk N severe civil and criminal penaltles, and wig be pros~uted to the maximum extent possa~le under the raw. This document was produced by AIA software at 13:45:01 on 12/12/2006 under Order No.1000216595_i which expires on 1/17/2007, and is not for resale. User Notes: (3144937434) § 2.3.18 The Construction Manager shall assist the Architect in the review, evaluation and documentation of Claims. I § 2.3.19 The Construction Manager shall receive certificates of insurance from the Contractors and forward them to the Owner. § 2.3.20 In collaboration with the Architect, the Construction Manager shall establish and implement procedures for expediting the processing and approval of Shop Drawings, Product Data, Samples and other submittals. The Construction Manager shall review all Shop Drawings, Product Data, Samples and other submittals from the Contractors. The Construction Manager shall coordinate submittals with information contained in related documents and transmit to the Architect those which have been approved by the Construction Manager. The Construction Manager's actions shall betaken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner or Contractors. § 2.3.21 The Construction Manager shall record the progress of the Project. The Construction Manager shall submit monthly written progress reports to the Owner and Architect including information on each Contractor and each Contractor's Work, as well as the entire Project, showing percentages of completion. The Construction Manager shall keep a daily log containing a record of weather, each Contractor's Work on the site, number of workers, identification of equipment, Work accomplished, problems encountered, and other similaz relevant data as the Owner may require. § 2.3.22 The Construction Manager shall maintain at the Project site for the Owner one record copy of all Contracts, Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition, approved Shop Drawings, Product Data, Samples and similaz required submittals. The Construction Manager shall maintain records, in duplicate, of principal building layout lines, elevations of the bottom of footings, floor levels and key site elevations certified by a qualified surveyor or professional engineer. The Construction Manager shall make all such records available to the Architect and upon completion of the Project shall deliver them to the Owner. § 2.3.23 The Construction Manager shall arrange for the delivery, storage, protection and security of Owner- purchased materials, systems and equipment that are a part of the Project until such items are incorporated into the Project. § 2.3.24 With the Architect and the Owner's maintenance personnel, the Construction Manager shall observe the Contractors' final testing, commissioning, and start-up of utilities, operational systems and equipment. Commissioning shall in this instance mean the effort required to demonstrate that the mechanical and electrical systems of this building work and work together to accomplish the designed environment. § 2.3.25 When the Construction Manager considers each Contractor's Work or a designated portion thereof substantially complete, the Construction Manager shall, jointly with the Contractor, prepare for the Architect a list of incomplete or unsatisfactory items and a schedule for their completion. The Construction Manager shall assist the Architect in conducting inspections to determine whether the Work or designated portion thereof is substantially complete. § 2.3.26 The Construction Manager shall coordinate the correction and completion of the Work. Following issuance of a Certificate of Substantial Completion of the Work or a designated portion thereof, the Construction Manager shall evaluate the completion of the Work of the Contractors and make recommendations to the Architect when Work is ready for final inspection. The Construction Manager shall assist the Architect in conducting final inspections. § 2.3.27 The Construcfion Manager shall secure and transmit to the Architect warranties and similaz submittals required by the Contract Documents for delivery to the Owner and deliver all keys, manuals, record drawings and maintenance stocks to the Owner. The Construction Manager shall forwazd to the Architect a final Project Application for Payment upon compliance with the requirements of the Contract Documents. § 2.3.28 Duties, responsibilities and limitations of authority of the Construction Manager as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Construction Manager, Architect and Contractors. Consent shall not be unreasonably withheld. Ala Document 6801 T""CMa -1992 Copyright ©1973, 1980 and 1992 by The American Institute of Architects. All rights reserves. WARNING: This AIA® Document is protected by U.S. Copyright Lsw and Internatbnal Treatise. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may r~uk in severe civil and criminal penaW~, and will be prosecuted to the maximum extent possible under the law. This document s was produced by AIA software at 13:45:01 on 12/12/2008 under Order No.1000216595_i which expires on 1 /17/2007, and is not for resale. User Notes: (3144937434) § 2.3.29 The Construction Manager shall provide coordinafion and procurement efforts during the Contractor's one (1) yeaz period of correction of Work for any repair or maintenance services for work performed as part of this construction project. Compensation for such effort shall be included as part of basic compensation for construction phase services. § 2.3.30 The Construction Manager with the Architect and Owner shall conduct a site visit prior to the expiration of the Contractor's one (1) yeaz period of correction of Work regardless of final payment of compensation to the Construction Manager. ARTICLE 3 ADDITIONAL SERVICES § 3.1 GENERAL § 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 14, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The Optional Additional Services described under Section 3.3 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Section 3.2 aze required due to circumstances beyond the Construction Manager's control, the Construction Manager shall notify the Owner prior to commencing such services. If the Owner deems that such services described under Section 3.2 are not required, the Owner shall give prompt written notice to the Construction Manager. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Construction Manager shall have no obligation to provide those services. § 3.2 CONTINGENT ADDITIONAL SERVICES § 3.2.1 Providing services required because of significant changes in the Project including, but not limited to, changes in size, quality, complexity or the Owner's schedule. § 3.2.2 Providing consultation concerning replacement of Work damaged by fire or other cause during construction and furnishing services required in connection with the replacement of such Work. § 3.2.3 Providing services made necessary by the termination or default of the Architect or a Contractor, by major defects or deficiencies in the Work of a Contractor, or by failure of performance of either the Owner or Contractor under a Contract for Construction. § 3.2.4 Providing services in evaluating an extensive number of claims submitted by a Contractor or others in connection with the Work. § 3.2.5 Providing services in connection with a public hearing, azbitration proceeding or legal proceeding except where the Construction Manager is party thereto. § 3.3 OPTIONAL ADDITIONAL SERVICES (Paragraphs deleted) § 3.3.6 Providing any other services not otherwise included in this Agreement. ARTICLE 4 OWNER'S RESPONSIBILITIES § 4.1 The Owner shall provide full information regazding requirements for the Project, including a program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems, and site requirements. § 4.2 The Owner shall establish and update an overall budget for the Project based on consultation with the Construction Manager and Architect, which shall include the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. AIA Document 8801 TmCMe -1992. Copyright ©1973, 1980 and 1992 by The American Institute of Architects. All right reserved. WARNINGl: This AIA® Document h3 protected by US. Copyright Lew end Irtternetlonel Treaties. Urtauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in ~vere civil and criminal penaldes, end will be prosecuted to the maximum extent possible under the Iew. This document 7 was produces by AIA software at 13:45:01 on 12/12/2006 under Order No.1000216595_1 which expires on 1 /17/2007, and is not for resale. User Notes: (3144937434) (Paragraph deleted) § 4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner, or such authorized representative, shall render decisions in a timely manner pertaining to documents submitted by the Construction Manager in order to avoid unreasonable delay in the orderly and sequential progress of the Construction Manager's services. § 4.5 The Owner shall retain an azchitect whose services, duties and responsibilities aze described in the edition of AIA Document B141, Standard Form of Agreement Between Owner and Architect, current as of the date of this Agreement. The Terms and Conditions of the Agreement Between the Owner and Architect shall be furnished to the Construction Manager and shall not be modified without written consent of the Construction Manager, which consent shall not be unreasonably withheld. The Construction Manager shall not be responsible for actions taken by the Architect. § 4.6 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. § 4.7 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractors' Applications for Payment or to ascertain how or for what purposes the Contractors have used the money paid by or on behalf of the Owner. § 4.8 The Owner shall furnish the Construction Manager with a sufficient quantity of Construction Documents. § 4.9 The services, information and reports required by Sections 4.5 through 4.8 shall be furnished at the Owner's expense, and the Construction Manager shall be entitled to rely upon the accuracy and completeness thereof. § 4.10 Prompt written notice shall be given by the Owner to the Construction Manager and Architect if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. § 4.11 The Owner reserves the right to perform construction and operations related to the Project with the Owner's own forces, and to award contracts in connection with the Project which are not part of the Construction Manager's responsibilities under this Agreement. The Construction Manager shall notify the Owner if any such independent action will interfere with the Construction Manager's ability to perform the Construction Manager's responsibilities under this Agreement. When performing construction or operations related to the Project, the Owner agrees to be subject to the same obligations and to have the same rights as the Contractors. § 4.12 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in the orderly progress of the Construction Manager's services and the progress of the Work. ARTICLE 5 CONSTRUCTION COST § 5.1 DEFINITION § 5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Architect. § 5.1.2 The Construction Cost shall include the cost at current mazket rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, plus a reasonable allowance for the Contractors' overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. Except as provided in Section 5.1.3, Construction Cost shall also include the compensation of the Construction Manager and Construction Manager's consultants. § 5.1.3 Construction Cost does not include the compensation of the Architect and Architect's consultants, costs of the land, rights-of--way, financing or other costs which are the responsibility of the Owner as provided in Article 4. If any portion of the Construction Manager's compensation is based upon a percentage of Construction Cost, then AIA Document 8801 *^'CMa -1992. Copyright ©1973,1980 and 1992 by The American Inst(tute of Architects. All rights reserve!. WARNING: This AIA® Document is protected by US. Copyright Lew and Intematlortal Treaties. Unauthorhs~ reproduction or diatributlon of this AIA® Document, or any portion of it, may resuR in severe civil end criminal penalties, and wiq be prosecuted to the maximum extent p~sible under the law. This document was produced by AIA software at 13:45:01 on 12/12!2006 under Order No.1000216595_i which expires on 1/17/2007, and is not for resale. User Notes: (3144937434) Construction Cost, for the purpose of determining such portion, shall not include the compensation of the Construction Manager or Construction Manager's consultants. § 5.2 RESPONSIBILITY FOR CONSTRUCTION COST § 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost prepazed by the Construction Manager represent the Construction Manager's best judgment as a person of entity familiaz with the construction industry. It is recognized, however, that neither the Construction Manager nor the Owner has control over the cost of labor, materials or equipment, over Contractors' methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Construction Manager cannot and does not warrant or represent that bids or negotiated prices will not vary from the Project budget proposed, established or approved by the Owner, or from any cost estimate or evaluation prepazed by the Construction Manager. § 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, the Construction Manager shall be permitted to include contingencies for design, bidding and price escalation, and shall consult with the Architect to determine what materials, equipment, component systems and types of construction aze to be included in the Contract Documents, to suggest reasonable adjustments in the scope of the Project, and to suggest inclusion of alternate bids in the Construction Documents to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of any increase in the Contract Sums occurring after execution of the Contracts for Construction. § 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after submittal of the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. § 5.2.4If a fixed limit of Construction Cost (adjusted as provided in Section 5.2.3) is exceeded by the sum of the lowest bona fide bids or negotiated proposals plus the Construction Manager's estimate of other elements of Construction Cost for the Project, the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 if the Project is abandoned, terminate in accordance with Section 9.3; or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. § 5.2.5 If the Owner chooses to proceed under Section 5.2.4.4, the Construction Manager, without additional charge, shall cooperate with the Owner and Architect as necessary to bring the Construction Cost within the fixed limit, if established as a condition of this Agreement. ARTICLE 6 CONSTRUCTION SUPPORT ACTMTIES § 6.1 Construction support activities, if provided by the Construction Manager, shall be governed by separate contractual agreements unless otherwise provided in Article 14. § 6.2 Reimbursable expenses listed in Article 14 for construction support activities may be subject to trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment which shall accrue to the Owner, and the Construction Manager shall make provisions so that they can be secured. ARTICLE 7 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS § 7.1 The Drawings, Specifications and other documents prepazed by the Architect aze instruments of the Architect's service through which the Work to be executed by the Contractors is described. The Construction Manager may retain one record set. The Construction Manager shall not own or claim a copyright in the Drawings, Specifications and other documents prepazed by the Architect, and unless otherwise indicated the Architect shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright. All copies of them, except the Construction Manager's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Project. The Drawings, Specifications and other documents prepazed by the Architect, and copies thereof furnished to the Construction Manager, are for use solely with respect to this Project. They aze not to be used by the Construction Manager on other projects or for additions to this Project AIA Document 6801 TMCMe -1992 Copyright ©1973, 1980 and 1992 by The American Institute of Architects. All rights r~rved. WARNING: This AIA® Document is protected by U.S. Copyright Law and Intematlonal Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 9 portion of ff, may result in severe civil and cNminel penekies, and will be prosecutes to the maximum exterrt possible under the lew. This document was produces by AIA software at 13:45:01 on 12/12/2006 under Order No.1000216595_1 which expires on 1 /17/2007, and is not for resale. Miser Notes: (3144937434) ~ ~ outside the scope of the Work without the specific written consent of the Owner and Architect. The Construction Manager is granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepazed by the Architect appropriate to and for use in the performance of the Construction Manager's services under this Agreement. All copies made under this license shall beaz the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's copyright or other reserved rights. ARTICLE 8 ARBITRATION 8.5 Refer to Article 14. (Paragraphs deleted) ARTICLE 9 TERMINATION, SUSPENSION OR ABANDONMENT § 9.1 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Construction Manager shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Construction Manager's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Construction Manager's services. § 9.3 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Construction Manager in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Construction Manager may terminate this Agreement by giving written notice. § 9.4 Failure of the Owner to make payments to the Construction Manager in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. § 9.5 If the Owner fails to make payment when due the Construction Manager for services and expenses, the Construction Manager may, upon seven days' written notice to the Owner, suspend performance of services under this Agreement Unless payment in full is received by the Construction Manager within seven days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the Construction Manager shall have no liability to the Owner for delay or damage caused to the Owner because of such suspension of services. § 9.6 In the event of termination not the fault of the Construction Manager, the Construction Manager shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 9.7. § 9.7 Termination Expenses aze those costs directly attributable to termination for which the Construction Manager is not otherwise compensated. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 Unless otherwise provided, this Agreement shall be governed by the law of the place where the Project is located. § 10.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201/CMa, General Conditions of the Contract for Construction, Construction Manager-Adviser Edition, current as of the date of this Agreement. AIA Document 6801 TMCMa -1992 Copyright ©1973, 1980 and 1992 by The American Institute of Architects. All rights reserved. WARNIN~i: This AIA® Document is protected by U.S. Copyright Lew and Intemetlonel Treaties. Uneuthori~ed reproduction or distribution of this AIA® Document, or any 10 portion of it, may result in severe civil end critnlnel penalties, and witl be prosecuted to the maximum extent possible under the law. This document was produces by AIA software at 13:45:01 on 12/1?J2006 under Order No.1000216595_1 which expires on 1/17/2007, and is not for resale. User Notes: (3144937434) (Paragraph deleted) § 10.3 Refer to Article 14. C § 10.4 Waivers of Subrogation. The Owner and Construction Manager waive all rights against each other and against the Contractors, Architect, consultants, agents and employees of any of them, for damages, but only to the extent covered by property insurance during construction, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201/CMa, General Conditions of the Contract for Construction, Construction Manager-Adviser Edition, current as of the date of this Agreement. The Owner and Construction Manager each shall require similar waivers from their Contractors, Architect, consultants, agents, and persons or entities awazded sepazate contracts administered under the Owner's own forces. § 10.5 The Owner and Construction Manager, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner nor Construction Manager shall assign this Agreement without the written consent of the other. § 10.6 This Agreement represents the entire and integrated agreement between the Owner and Construction Manager and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Construction Manager. § 10.7 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Construction Manager. § 10.8 Unless otherwise provided in this Agreement, the Construction Manager and the Construction Manager's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. § 10.9 The Construction Manager shall be licensed in the State of Idaho and conform to all applicable requirements of Idaho Code, Title 54, Chapter 45. § 10.10 Construction Manager shall perform all of Construction Manager's services in compliance with all applicable laws, ordinances, rules, regulations, or orders of any public authority having jurisdiction over the Project, any applicable permits and any recorded covenants, conditions, and restrictions affecting the Site. § 10.11. The Construction Manager shall indemnify, defend, and hold harmless the Owner, its officers, agents, and employees from and against any liability, claims, damages, losses, expenses, actions and suits, including but not limited to attorney's fees, arising out of or resulting from the negligent performance or omission by the Construction Manager, its employees, agents, or anyone for whose acts they may be liable under this Agreement. This indemnification shall survive completion of services provided under or the termination of this agreement. The Construction Manager's liability is limited to the limits of insurance set forth in article 14.1. ARTICLE 11 INSURANCE § 11.1 CONSTRUCTION MANAGER'S LIABILITY INSURANCE § 11.1.1 The Construction Manager shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Construction Manager from claims set forth below which may arise out of or result from the Construction Manager's operations under this Agreement and for which the Construction Manager may be legally liable. .1 claims under workers compensation, disability benefit and other similaz employee benefit acts which are applicable to the operations to be performed; .2 claims for damages because of bodily injury, occupational sickness or disease, or death of the Construction Manager's employees; AIA Document 6801 *"+CMa -1992 Copyright ©1973,1980 and 1992 by The American Institute of ArchRects. All rights reserved, WARNW©: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorbxfd reproduction or distribution of this AIA® Document, or any 11 portion of it, may resuR in severe ctvll end critninel penalties, and wig be prosecutes to the maximum extent possible under the law. This document was produced by AIA software at 13:45:01 on 12/12/2006 under Order No.1000216595_1 which expires on 1/17/2007, and is not for resale. User Notes: (3144937434) .3 claims for damages because of bodily injury, sickness or disease, or death of any person other than the Construction Manager's employees; .4 claims for damages insured by usual personal injury liability coverage which are sustained (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Construction Manager, or (2) by another person; .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; .6 claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle. § 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in Article 14 or required by law, whichever coverage is greater. All inquired coverage, except for any required professional liability coverage, must be written on an occurrence basis and shall be maintained without interruption from date of commencement of services under this Agreement until date of final payment and termination of any coverage required to be maintained after final payment. Policies required by Section 11.1.1 shall name Owner as an additional insured. § 11.1.3 The Construction Manager shall provide errors and omissions professional liability insurance in the amount specified in Article 14 on an aggregate limits "claims made" basis. Construction Manager shall maintain the specified levels of aggregate limits "claims made" insurance for no less than two yeazs after completion or termination of Construction Manager's services under this Agreement. § 11.1.4 Certificates of insurance acceptable to Owner shall be filed with the Owner prior to performance of services under this Agreement. Each certificate shall contain the following covenant of the issuer: "Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will mai130 day's written notice to the certificate holder." § 11.1.5 Refer to Article 14. ARTICLE 12 PAYMENTS TO THE CONSTRUCTION MANAGER § 12.1 DIRECT PERSONNEL EXPENSE § 12.1.1 Direct Personnel Expense is defined as the direct salaries of the Construction Manager's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. § 12.2 REIMBURSABLE EXPENSES § 12.2.1 Reimbursable Expense are in addition to compensation for Basic and Additional Services and include expenses incurred by the Construction Manager and Construction Manager's employees and consultants in the interest of the Project, as identified in the following Clauses. I § 12.2.1.1 Expense of long distance communications and fees paid for securing approval of authorities having jurisdiction over the Project. § 12.2.1.2 Expense of reproductions, postage, express deliveries and handling of Drawings, Specifications and other documents. § 12.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regulaz rates. ~• § 12.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES AIA Document 8801 T""CAAa -1992. Copyright ©1973, 1980 and 1992 by The American Institute of Architects. All rights reserved. WARNING: This AUt® Document is protected by US. Copyright Lew and Internetianal Treaties. Unauthorized reproduction or distrlbutlon of this AIA® l~cument, or any portion of it, may result in severe civil and criminal peneltles, and wi0 be prosecuted to the mex(mum extent possible under the law. This document ~ 2 was produces by AIA software at 13:45:01 on 12/12/2006 under Order No.1000216595_1 which expires on 1 /17/2007, and is not for resale. User Notes: (3144937434) (Paragraph deleted) § 12.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Section 13.2.1. § 12.3.3 If and to the extent that the time initially established in Section 13.5.1 of this Agreement is exceeded or extended through no fault of the Construction Manager, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Section 13.3.1. § 12.3.4 When compensation is based on a percentage of Construction Cost and any portions of the Project aze deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services aze performed on those portions, in accordance with Section 13.2.1, based on (1) the lowest bona fide bids or negotiated proposals, or (2) if no such bids or proposals are received, the latest approved estimate of such portions of the Project. § 12.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES § 12.4.1 Payments on account of the Construction Manager's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Construction Manager's statement of services rendered or expenses incurred. § 12.5 PAYMENTS WITHHELD § 12.5.1 No deductions shall be made from the Construction Manager's compensation on account of penalty, liquidated damages or other sums withheld from payments to Contractors, or on account of the cost of changes in Work other than those for which the Construction Manager has been found to be liable. § 12.6 CONSTRUCTION MANAGER'S ACCOUNTING RECORDS § 12.6.1 Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 13 BASIS OF COMPENSATION The Owner shall compensate the Construction Manager as follows: § 13.1 AN INITIAL PAYMENT of Zero Dollars and Zero Cents ($ 0.00 )shall be made upon execution of this Agreement and credited to the owner's account at final payment. § 13.2 BASIC COMPENSATION § 13.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 14 as part of Basic Services, Basic Compensation shall be computed as follows: For Pre-Construction Phase Services: (Insert basis of compensation, including stipulated sums, multiples or percentages.) _- - e cost of pre-construction services is included in the fixed percentage fee for construction phase services, unless the project is terminated prior to the start of the construction phase in which case the Owner shall pay the Construction Manager all. costs incurred to date not to exceed Six Thousand Five Hundred Dollars ($6,500.00 For Construction Phase Services: (Insert basis of compensation, including stipulated sums, multiples or percentages.) Compensation for construction phase is 6.25% of Construction Cost to be fixed at the completion of the bidding phase and incorporated into this Agreement by written addendum. § 13.3 COMPENSATION FOR ADDITIONAL SERVICES § 13.3.1 FOR ADDITIONAL SERVICES OF THE CONSTRUCTION MANAGER, as described in Article 3, and any other services included in Article 14 as Additional Services, compensation shall be computed as follows: AIA Document 6801TMCMa -1992. Copyright ©1973, 1980 and 1992 by The American Institute of Architects. All rights reserved. WARNWG: This AIA® DoeumeM is protected by U.S. Copyright Law end IrroemaUorrei Treaties. Unauthoriz~ reproduction or diatributlon of this AIA® Document, or any ~ 3 portion of (t, may result In were civil and criminal penaWes, and wiU be prosecuted to the maximum extent possible under the law. This document was produces by AIA software at 13:45:01 on 12/12/2006 under Order No.1000216595_1 which expires on 1 /17/2007, and is not for resale. User Notes: (3144937434) • (Insert basis of compensation, including rates and/or multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, if required. Identify specifac services to which particular methods of compensation apply, if necessary.) Direct cost plus 6.25%. § 13.4 REIMBURSABLE EXPENSES § 13.4.1 FOR REIMBURSABLE EXPENSES, as described in Section 12.2, and any other items included in Article 14 as Reimbursable Expenses, a multiple of One (1.00 )times the expenses incurred by the Construction Manager and the Construction Manager's employees and consultants in the interest of the Project. § 13.4.2 At the completion of the bidding phase, Construction Manager shall present to Owner a budget allowance for Reimbursable Expense which, if approved by Owner, shall be incorporated into this Agreement by written amendment. § 13.5 ADDITIONAL PROVISIONS § 13.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within Eighteen (18) months of the date hereof, through no fault of the Construction Manager, extension of the Construction Manager's services beyond that time shall be compensated as provided in Sections 12.3.3 and 13.3.1. § 13.5.2 Payments aze due and payable Fifteen (15 )days from the date of the Construction Manager's invoice, Amounts unpaid Thirty (30 )days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Construction Manager. (Insert rate of interest agreed upon.) 10.25% per annum (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Construction Manager's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Speck legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers. ) § 13.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review practices of the Construction Manager. ARTICLE 14 OTHER CONDITIONS OR SERVICES (Insert descriptions of other services, identify Additional Services included within Basic Compensation and modifications to the payment and compensation terms included in this Agreement.) 8.5 Claims, disputes or other matters in question between the parties to this agreement arising out of or relating to this agreement or breach thereof shall be subject to mediation as a condition precedent to the institution of legal or equitable proceedings by either party. 8.5.1 The parties shall endeavor to resolve their claims by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed with the other party to the agreement. The request may be made concurrently with the filing of a legal action but, in such event, mediation shall proceed in advance of legal or equitable proceedings, which shall be stayed pending mediation for a period of sixty (60) days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. . 8.5.2 The parties shall endeavor to mutually agree on an independent, professional mediator within 15 days of the request for mediation. The parties shall share the mediator's fee equally. Agreements reached in Mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. The parties shall pay all of their own expenses associated with mediation, including any attorney fees and travel expenses. AIA Document 6801 TMCMa -1992 Copyright ©1973,1980 and 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.3. Copyright Law end International Treaties. Unauthorized reproduction or disMbution of this AIA® Document, or arty portion of it, may result in severe civic end criminal penalties, and wiq be prosecuted to the maximum extent possible under the laver. This document 14 was produced by AIA software at 13:45:01 on 12/12/2008 under Order No.1000216595_t which expires on 1/17/2007, and is not for resale. User Notes: (3144937434) 8.5.3 In the event that legal or equitable proceedings aze 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 attorney's fees, incurred by the prevailing party, whether or not such controversy or claim is litigated or prosecuted to judgment. The prevailing party will be that party who was awazded judgment as a result of trial or other proceeding and determined to be the prevailing party by the judge or other presiding authority. 10.3 Causes of action between the parties to this agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not eazlier than the date of issuance of final Certificaxe of Payment. AIA Document 6801TMCMa-1992 Copyright ©1973, 1980 and 1992 by The American Institute of Archftects. All rights reserved. WARNWa: This AIA® Document is protected by U.S. CopyrfgM Law end International Trestles. Unauthorized reproduction or disMbution of this AIA® Document, or any portion of it, may result In ~vere civil end crirnlnal penaltl~, and wiU be prosecuted to the maximum extent possible under the law. This document 15 was produced by AIA software at 13:45:01 on 12/12/2006 under Order No.1000216595_i which expires on 1 /7 7/2007, and is not for resale. User Notes: (3144937434) § 14.1 LIMITS ON INSURANCE The insurance required by Article 11 shall be written for not less than the following limits, or greater if required by law: (Paragraph deleted) 11.1.3 Worker's Compensation: a) State: Idaho Statutory b) Applicable Federal Statutory c) Employer's Liability $100,000 per accident $500,000 Disease, Policy Limit $100,000 Disease, Each Employee .Comprehensive or Commercial General Liability (including Premises-Operations; Independent Contractors' Protective; Products and Completed Operations; Broad Form Property Damage): a) Bodily Injury: $1,000,000 Each Occurrence . $2,000,000 Aggregate b) Property Damage: $1,000,000 Each Occuaence $2,000,000 Aggregate c) Products and Completed Operations to be maintained for at least three years after final payment: $1,000,000 Aggregate d) Property Damage Liability Insurance shall provide X, C, and U coverage. e) Broad Form Property Damage Coverage shall include Completed Operations. Contractual Liability: a) Bodily Injury: $1,000,000 Each Occurrence b) Property Damage: $1,000,000 Each Occurrence $2,000,000 Aggregate Personal Injury, with Employment Exclusion deleted: $1,000,000 Aggregate Business Automobile Liability (including owned, non-owned and hired vehicles): a) Bodily Injury: $1,000,000 Each Occurrence b) Property Damage: $1,000,000 Each Occurrence Professional Liability: $1,0,000 Aggregate 14.2 See Exhibit "A" attached hereto and made a part thereof. (Rows deleted) This Agreement entered into as of the day and year first written above. OWNER_,,. CONSTRUCTION MANAGER// '//"" i~J /i'~`ie~ (Signature) ' (Signature) Tammy de Weerd, Mayor David B. Maloney, General Manager (Printed name and title) (Printed name and title) ~J~~rovlP~ ~~ L~ C~~~ ~2-/2-06 { f >, ®~ ®®® Attest: `>~° ~' ~, °*®a e ~~ °s a ry~e~- {y~~ ~ a ~~ a ~1f6 E1.L1.S ~ ~ e City Clerk ~ ~' a qa 7t AIA Document 8801 r""CMa -1992. Copyright ©1973,1980 and 1992 by The American Institute of Architects. All rights reserved. WARNING,: This AIA® Document la protects by U.S. Copyright Law and Inten aUonel Treaties. Unauthorized reproduction or distribution of this AIA® D~ument, or arty ~ 6 portion of It, may result in severe civil and critn(trel penalties, and wip be prosecuted to the maximum extent possible under the taw. This document was produces by AIA software at 13:45:01 on 12/12/2006 under Order No.1000216595_i which expires on 1117/2007, and is not for resale. User Notes: (3144937434) • EXHIBIT "A" Meridian City Water Department Building Construction Management Services Project Fee Proposal Date: December 11, 2006 Typical Reimbursable General Conditions Costs: items will be added or deleted as the specific job requires. Superintendent Job Trailer Set Up Office Furniture/Supplies Bid Advertising Construction Photographs Quality Control & Testing Surveying/Layout Crane/Forklift Small Tools Project Identification Temporary Roads and Staging Temporary Fencing and Trailers Temporary Electric Service Temporary Power & Light Temporary Electrical Consumption Temporary Sanitary Facilities Construction Water Service Drinking Water Job Trailer Storage Trailer (if required) Telephone/Fax Line Reproduction of Plans/Specs Postage/Express Safety and First Aid Security Continuous Cleanup/Gopher Dust Control Trash Containers Final Clean Up Temporary Heat Temporary Protection Miscellaneous General Conditions Permits and Fees Bond Liability Insurance Professional Liability Additions and Deletions Report for AIA Document 8809~"CMa -1992 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 13:45:01 on 12/12/2006. PAGE1 AGREEMENT made as of the First day of December in the year of Two Thousand Six City of Meridian 660 East Watertower. Suite 200 Meridian. Idaho 83642 I{reizenbeck Constructors. Limited Liabi)~ Company 251 East Front Street Suite 110 Boise, Idaho 83702 06-021 Meridian Water Department Building 2235 Northwest 8th Street Meridian. Idaho 83642 This proiect consists of a 10.600 square foot single story building of construction class IIIB In addition to normal building construction tasks. this work also includes construction of fencing and temporary king areas BRS Architects 1010 S. Allante Street. Suite 100 Boise. ID 83709 PAGE 2 § 1.1.2 The Construcfion Manager's services shall be provided in conjunction with the services of an Architect as described in the edition of AIA Document R' ^'m- '~B 141. Standard Form of Agreement Between Owner and Architect, arrant as of the date of this Agreement. The AIA Document B 141 was executed before Owner considered engaging a Construction Manager for this Project Owner shall notify Architect of the involvement of the Construction Manager and Owner shall negotiate with Architect any necessary modifications to the AIA Document B 141 to accommodate and incorporate the Construction Manager's services into the Project. PAGE3 § 2.2.7 The Construction Manager shall c-ei~~review the onstruction Documents and make recommendations whenever design details adversely affect constructability, cost or schedules. § 2.2.8 The Construction Manager shall ~ o e~a^~~~ c ~ «w n a ~ •. reg~g-be responsible for the assignment of responsibilities for temporary Project facilities and equipment, materials and services for common use of the Contractors. The Construction Manager shall verify that such requirements and assignment of responsibilities are included in the proposed Contract Documents. Additions and Deletions Report for A®A Document 6801''^~CMa -1992. Copyright ©1973,1980 and 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.3. Copyright Law and Irnemational Treaty. Uneuthoryf reproduction or disWbution of this AIA® Document, or any portlon of U, may result in ~vere chill and criminal penalties, arM wIU be prosecuted to the maximum extent possible under the law. This document was produced by AIA software ffi 13:45:01 on 12/12/2006 under Order No.1000216595 1 which expires on 1/17/2007, and is not for resale. User Notes: (3 1 4493 7434) • § 2.2.9 The Construction Manager shall Ym~na° ~° °„a :.,f r..,~.:,.., .,...~.,. ~,......._ _____~._ _ .L_ alleea~ien-e€-allocate responsibilities for safety programs among the Contractors. 8wt;<e~s-af>~Feval: PAGE 4 § 2.3.3.1 The Construction Manager shall provide a full time Project Superintendent and anv necessary assistants durme the construction phase. The Project Superintendent shall be ap ron ved by the Owner which shall not be unreasonable withheld. If the Protect Superintendent leaves the employ of the Construction Mana eg r the Construction Manas:er shall submit his replacement to the Owner for prior approval which shall not be unreasonably withheld. § 2.3.5 Utilizing the Construction Schedules provided by the Contractors, the Construction Manager shall update the Project construction schedule incorporating the activities of the Contractors on the Project, including activity sequences and durations, allocation of labor and materials, processing of Shop Drawings, Product Data and Samples, and delivery of products requiring long lead time and procurement. The Project construction schedule shall include the Owner's occupancy requirements showing portions of the Project having occupancy priority. The Construction Manager shall update and reissue the Project construction schedule as required to show current conditions. If an update indicates that the previously approved Project construction schedule may not be met, the Construction Manager shall recommend and im lep meat corrective action to-upon the concurrence of the ~ ~c-t:Owner. § 2.3.7 The Construction Manager shall endeavor to obtain satisfactory performance from each of the Contractors. The Construction Manager shall recommend courses of action to the Owner when requirements of a Contract are not being fulfilled. The Construction Manat?er shall implement corrective action to be taken upon the concurrence of the Owner. PAGE 5 § 2.3.11.2 The Construction Manager shall prepare a Project Application for Payment based on the Contractors' Certificates for Payment. The Construction Manager shall not submit a Project Application for Payment more than once a month unless aereed to by the Owner. PAGE 6 § 2.3.19 The Construction Manager shall receive certificates of insurance from the Contractors and forward them to the caner. § 2.3.21 The Construction Manager shall record the progress of the Project. The Constructiott Manager shall submit monthly written progress reports to the Owner and Architect including information on each Contractor and each Contractor's Work, as well as the entire Project, showing percentages of completion. The Construction Manager shall keep a daily log containing a record of weather, each Contractor's Work on the site, number of workers, identification of equipment, Work accomplished, problems encountered, and other similaz relevant data as the Owner may require. § 2.3.24 With the Architect and the Owner's maintenance personnel, the Construction Manager shall observe the Contractors' final gtesting, commissioningiand start-up of utilities, operational systems and equipment. Commissioninfa shall in this instance mean the effort required to demonstrate that the mechanical and electrical systems of this buildin~~ work and work toeether to accomplish the designed environment. PAGE 7 Additions and Deletions Report for AIA Document 6801 T°°CMe -1992. Copyright ©1973,1980 and 1992 by The American Instihrte of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law end InternaUonel Treaties. Unauthorized reproduction or distribution of this AIA® Document, or arty portlon of it, mey result in severe civil and criminal peneltles, and wig be prosecuted to the mextmum extent possible under the law. This document was produced by AIA software at 13:45:01 on 12/12/2006 under Order No.1000218595_i which expires on 1/17/2007, and is not for resale. User Notes: (3144937434) • ! X2.3.29 The Construction Manager shall provide coordination and procurement efforts during the Contractor's one L) veaz venod of correction of Work for any repair or maintenance services for work performed as part of this construction proiect Compensation for such effort shall be included as part of basic compensation for construction phase services. $ 2.3.30 The Construction Manager with the Architect and Owner shall conduct a site visit prior to the expiration of the Contractor's one f 1) veaz period of correction of Work regazdless of final payment of compensation to the Construction Manager. .. ~1f$}SII~S 3$~ i°cic~d cgnipmc==c PAGE 8 la~~rt rflaFl~t~l fi~lfill thgn ~1' ~ a «-,• ~ s § 4.5 The Owner shall retain an architect whose services, duties and responsibilities aze described in the edition of AIA Document ~' ^'~'~~-B 141. Standazd Form of Agreement Between Owner and Architect, Jeff urrent as of the date of this Agreement. The Terms and Conditions of the Agreement Between the Owner and Architect shall be furnished to the Construction Manager and shall not be modified without written consent of the Construction Manager, which consent shall not be unreasonably withheld. The Construction Manager shall not be responsible for actions taken by the Architect. PAGE 10 8 5 Refer R o l ~^-1a~t»c-cl*atat,tsa+c_nr ~rF4r+am «« t.. «t,e t,• e z rA$S~FBffi3H$ ~$fll3st3'Sr ~'13it~~e$ ~cLh~BS-c~€-t~le-A~,=:cam rII Vi ~v:: = iooo~-:~ca vax'i'~aaTm-vz~ivcc~$.f~i8 11<, ., ..H,e Y ~~ R Q 7 T°mdinFl-£Flr 7rhitr~ti2sn cl~ 17 L, ~1 a •«: t, «i. .t, to Article 14. 1.,, e.i 1. •l.e ....7: .,l.le .,«.,«..«e F 9' •« «: J v+--mmumva~- f ~ , Y~ 9E`s~rrlar~ir'*t, 1' 1-t t ,.,...« w a• L r rr aocmons end DeleUOna Report Tor AIA Document 6801 TmCMa -1992. Copyright ©1973,1980 and 1992 by The American Institute of Architects. All right reserved. WAR ®ING: This AIA® Document is protected by U.S. Copyright l.aw and Internatlonal Tresti~. Unauthorized reproduction or distribution of this AIA Document, or arty portion of tt, may result in severe civil and crimirrel penalties, end will be pro~cuted to the maximum extent possible under the lew. This document was produced by AIA software at 13:45:01 on 12/12/2008 under Order No.1000216595_1 which expires on 1/17/2007, and is not for resale. User Notes: (3144937434) ~ ~ PAGE 11 § 10.9 The Construction Manager shall be licensed in the State of Idaho and conform to all a licable r uirements of Idaho Code. Title 54, Chapter 45. $10.10 Construction Manager shall perform all of Construction Manager's services in compliance with all annhcable laws. ordinances rules regulations or orders of any public authority havingjurisdiction over the Project. anv apphcable permits and anv recorded covenants conditions and restrictions affecting the Site § 10.11. The Construction Manaeer shall indemnify defend. and hold harmless the Owner its officers agents and employees from and against anv liability claims damages losses expenses actions and suits including but not Imuted to attorney's fees ansing out of or resulting from the negligent performance or omission by the Construction Manaeer, its employees agents or anyone for whose acts they may be liable under this Agreement. This indemnification shall survive completion of services provided under or the termination of this agreement. The Construction Manager's liability is limited to the limits of insurance set forth in article 14 1 PAGE 12 § 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in Article 14 or required by law, whichever coverage is greater. ^c:•c.°°°° ~°~°~w°-All required covers a exceut for 4b,.°, anv required professional liability coverage must be written on an occurrence ' , asis and shall be maintained without interruption from date of commencement of agar-at~es~services under this Agreement until date of final payment and termination of any coverage required to be maintained after final payment. Policies required by Section 11.1.1 shall name Owner as an additional insured § 11.1.3 The Construction Manaeer shall provide errors and omissions professional liability insurance in the amount specified in Article 14 on an aggregate limits "claims made" basis Construction Manager shall maintain the specified levels of aggregate limits "claims made" insurance for no less than two years after completion or termination of Construction Manager's services under this Agreement § 11.1.4 Certificates of insurance acceptable to Owner shall be filed with the Owner rior to performance of services under this Agreement. Each cemficate shall contain the following covenant of the issuer "Should any of the above described pohcies be cancelled before the expiration date thereof the issuing coin many will mai130 day's written notice to the cemficate holder." § 11.1.5 Refer to Article 14. § 12.2.1.1 Expense Of 1 artaptarr~ti~x~ in r-cnr~r; ••~- •i- n.. ~. o ° L L `"""' `"""° ;'"^ '"°`^"°° ° ~ ,long distance communications and fees paid for securing approval of authorities having jurisdiction over the Project. § 12.2.1.2 Expense of reproductions, postage, express a~°, ~~ ~-° r '~ - °eliveries and handling of Drawings, Specifications and other documents. Additions and Deletions Report for AIA Document 6801'~CMa -1992 Copyright ©1973, 1980 and 1992 by The American Instihrte of Architects. All righLa reserved. WARMNG: Thla AIA® Document is protected by U.S. CopyrlgM Lew end International Treatl~. Unauthorized reproduction or distribution of this AIA® Document, or am portion of it, may result in were civil ami criminal penalty, end win be pro~cuted to the maximum extent possible under the law. This document was produced by AIA software at 13:45:01 on 12/12!2006 under Order No.1000216595 1 which expires on 1/17/2007, and is not for resale. User Notes: (3144937434) ~ ~ ~~ e-a~ied~ PAGE 13 § 13.1 AN INTTIAI, PAYMENT of ($-Zero Dollars and Zero Cents ($ 0.00 )shall be made upon execution of this Agreement and credited to the owner's account at final payment. Tl1e cost of pre-construction services 1s includedi in the fixed percentage fee for construction phase services unless rl,e .......,,,.F ... «,.~.,..... ~..a _f. __~_ .i_ ~ _r., .. - _ __ Compensation for construction phase is 6 25% of Construction Cost to be fixed at the completion of the bidding phase and incornorated into this A>reement by written addendum. PAGE 14 Direct cost plus 6.25%. § 13.4.1 FOR REIlVIBURSABLE EXPENSES, as described in Section 12.2, and any other items included in Article 14 as Reimbursable Expenses, a multiple of One (1.00 )times the expenses incurred by the Construction Manager and the Construction Manager's employees and consultants in the interest of the Project. § 13.4.2 At the completion of the bidding~phase Construction Manager shall present to Owner a budget allowance for Reunbursable Expense which. if anproved by Owner shall be incoroorated into this Agreement by written amendment. § 13.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within Ei hghteen 0-181 months of the date hereof, through no fault of the Construction Manager, extension of the Construction Manager's services beyond that time shall be compensated as provided in Sections 12.3.3 and 13.3.1. § 13.5.2 Payments are due and payable Fifteen (15~ days from the date of the Construction Manager's invoice. Amounts unpaid Thirt (3~ days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Construction Manager. 10.25% per annum 8.5 Claims, disputes or other matters in question between the parties to this agreement arising out of or relating to this agreement or breach thereof shall be subiect to mediation as a condition precedent to the institution of legal or egmtable proceedmgs by either part 8.5.1 The parties shall endeavor to resolve their claims by mediation which unless the parties mutually a rgree otherwise. shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed with the other party to the agreement The request may be made concurrently with the film og_ f a legal action but, in such event. mediation shall proceed in advance of legal or equitable proceedings which shall be stayed pending mediation for a period of sixty 60) daXs from the date of filine, unless stayed for a longer e~y agreement of th~arties or court order 8.5.2 The parties shall endeavor to mutually agree on an independent. professional mediator within 15 days of the request for mediation. The parties shall share the mediator's fee equally Agreements reached in Mediation shall be enforceable as settlement agreements in any court having. jurisdiction thereof The parties shall may all of their own expenses associated with mediation, including any attorney fees and travel expenses waamons and oe~ettons Report for AIA Document 6801 *mCAAe -1992. Copyright ©1973, 1980 and 1992 by The American Institute of Architects. All rights reserved. WARI®ING: This AU-® Document is protected by US. Copyright Law and International Trestles. Unauthorized reproductlon or dtstributbn of this AIA Document, or erry portion of tt, may resuk in severe civil and criminal penaWes, erns wi0 be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:45:01 on 12/12/2008 under Order No.1000216595 1 which expires on 1/17/2007, and is not for resale. User Notes: (3144937434) r ~ 8.5.3 In the event that legal or equitable proceedini;s are instituted between the parties to this Agreement to enforce the terms and conditions of this aereement or arisins; from the breach of anv provision hereof the prevailing~artY will be entitled to receive from the other party all costs damages and expenses including reasonable attorney's fees, incurred by the prevailine party whether or not such controversy or claim is liti ated or prosecuted to u~_df;riient. The prevailine partv will be that warty who was awarded,~udgment as a result of trial or other proceeding and determined to be the revailing~arty by the judge or other rep siding authority_ 10.3 Causes of action between the parties to this agreement pertainine to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not earlier than the date of issuance of final Cemficate of Payment PAGE 16 Additions end Deletions Report for AIA Document 6801 TmCMa -1992. Copyright ©1973, 1980 and 1992 by The American Institute of Architects. All rights reserved. WARI®ING: This AIA® Document Is protected by U.S. Copyright Law and International Trestles. Unauthoriz~i reproduction or distribution of this AIA Docurru3nt, or eny portion of it, may result in severe civil and crhnbtel peneitles, end will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:45:01 on 12/12/2006 under Order No.1000216595 1 which expires on 1/17/2007, and is not for resale. User Notes: (3144937434) r § 14.1 LIMITS ON INSURANCE 11.1.3 Worker's Compenca~ion• a) State: Idaho Statutory 61_ Applicable Federal Statutory c) Emnlover's Liability $100 000 per accident 500 000 Disease Policy Limit $100 000 Disease Each E~lovee .ComQrehensive or Commercial General Liability (including Premises Operations• Independent Contractors' Pmtecdve Products and Com I~Cted Operahons• Broad Form ProQe e r rty Damage)• a) Bodily Injury• $1000 000 Each Occurrence 2000 000 Aggregate b) Property Damage: $1.000.000 Each Occurrence $2000 000 Aggregate c~ Products and Comnleted •ons to be maintained for at least three years after final payment $1.000.000 Aggregate d) Property Damage Liabilit y Insurance shall pr ovide X C and U coverage e) Broad Form Property Dam age Coveraee shall include Completed Ouerations Conhactual Liability a) Bodily Iniurv: 1000 000 Each Occurrence b~ Property Damage: $1.000.000 Each Occurrence $ -000 000 Aggregate Personal Injury. with Employment Exclusion deleted: 1 000 000 Aggregate Business Automobile Liability fincludin~owned. non-owned and hired vehicles): a) Bodily Injury: $1000 000 Each Occurrence b) Pro~rtv Damage: $1000 000 Each Occurrence Nrofessional Liability - 1000 000 Aeereeate 14.2 See Exhibit "A" attached hereto and made a part thereof Tammy de Weerd. Mayor Attest: City Clerk David B. Maloney, General Manager .+aa~uvns ana ue~eaons report ror aA uocument t3t301 T°~CMa -1992 Copyright ©1973,1980 and 1992 by The American Institute of Architects. All rights reserved. WAR ®WG: This AIA® Documettt Is protected by US. Copyright Law and IMematiorrei Treatise. Unauthorized reproduction or dlstribut[on of this AIA Documertt, or any portlon of it, may result in ~vere civil end criminal penalty, and wID be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:45:01 on 12/12/2006 under Order No.1000216595 1 which expires on 1/17/2007, and is not for resale. User Notes: (3144937434) • December 8, 2006 Department Report MERIDIAN CITY COUNCIL MEETING December 12, 2006 APPLICANT IT Department ITEM NO. 6-A-1 REQUEST Adoption of Audif 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: Contacted: Emailed: COMMENTS Date: Phone: Staff Initials: T Materials presented at public m®etings shall become property of the Ctty of Meridian. • December 8, 2006 Department Report MERIDIAN CITY COUNCIL MEETING December 12, 2006 APPLICANT Planning Department ITEM NO. 6-8-1 REQUEST Discussion of Contractor Yards with Ada County ADHOC Committee AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached 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. Page 1 of 1 • Tara Green From: Peter Friedman Sent: Thursday, December 07, 2006 1:55 PM To: Will Berg; Sharon Smith; Tara Green Subject: Council Packet Materials Follow Up Flag: Follow up Flag Status: Green Attachments: Contractor yards.doc; adhoccommreptfinal.doc Will, Tara and Sharon: Attached are my materials for the Council packet for next Tuesday's Department Reports. Please call me if you have any questions. Thanks Pete Pete Friedman, AICP Comprehensive Planning Manager City of Meridian Planning Dept. 660 E. Watertower, Suite 202 Meridian, ID 83642 208.884.5533 12/8/2006 6~ Memo itECEYVF'II ®E~ A ~ ZAA~ To: Mayor de Weerd City Council CC: Anna Canning From: Pete Friedman Date: December 7, 2006 Re: Ada County Ad Hoc Committee on Contractor Yards City ~f ~eri~ia~ Cit3r Clerk ®f-fice Back ound Earlier this year Ada County received an application for a comprehensive plan amendment to allow contractors' yards in its rural zoning districts. At the conclusion of the public hearing in August, the County Planning and Zoning Commission recommended denial of the application to the Board of Commissioners (Board). The Board deferred action on the recommendation, stated that they thought the issue transcends County jurisdiction, and directed County staff to convene an ad hoc committee to address the matter and recommend actions for Board consideration. The committee included planning staff from all six cities and Ada County, an attorney from the Ada County Prosecutor's office, a representative of the Building Contractors Association, a contractor, and a private attorney. Issues The committee met four times and I participated in two of the meetings. At the first meeting, the committee identified the most critical issues with contractors' yards and related uses. The key issue the committee discussed was that Ada County and many of the cities' regulations treat all contractors' yards the same, regardless of size and impacts. All contractors' yards are required to locate in industrial zones, some commercial zones, or in some cases mixed-use zones. The industry representatives are concerned that local zoning, utility policies, the price of competing with commercial and industrial tenants and the distance from the areas currently zoned industrial are combing factors that limit their ability to develop the facilities needed to service their customers. As the report indicates, there was consensus on some issues and not on others. Further, it recognizes that there are issues that the city representatives believe require direction from our respective councils. The consensus issues included amending the County zoning ordinance to address the small, individual contractors through a home occupation or accessory permit; or the types of activities that might be allowed at permitted yard in appropriate locations, such material storage, maintenance or vehicle repair. A copy of the Committee report prepared by County staff is attached for your reference. Council Direction Staff is requesting Council direction on the following questions: • Would the City amend its comprehensive plan and utility policies to allow contractor yards in the area of impact without city sewer? • Would the City support a new non- residential zone district in addition to the RUT district in the area of impact to allow permanent commercial and industrial uses? • Would contractor yards be allowed to develop in industrial zones in the City without sewer service if the developer installed dry lines and agreed to hook-up when service become available? • Would the City consider allowing contractor yards as a temporary use in the area of impact on lands designated industrial on our land use map if the building construction was such that it could be dismantled and removed when the business relocated? • Finally, we are contemplating an amendment to the UDC to allow contractors' yards to locate in some commercial zones within the city limits subject to specific standards for screening and use limitations. Is this something we should pursue? Summary The ,Board of Ada County Commissioners is expected to act on the application that initiated this discussion on Wednesday, December 13, 2006. County staff has indicated that if the Board denies the application, they will are likely to direct staff to proceed with the ad hoc committee recommendations. I am of the opinion that this began as, and remains a County issue. However, I also want to be prepared to articulate the City's position on the issues mentioned above. Obviously, we will have to negotiate any ordinance changes with the County through the area of impact process. • REPORT AND RECONIlVIENDATIONS OF AD HOC COMIVIITTEE ON CONTRACTORS' YARDS AND RELATED ISSUES December 5, 2006 The Committee The committee included planning staff from all six cities and Ada County, an attorney from the Ada County Prosecutor's office, a representative of the Building Contractors Association, a contractor, and a private attorney. An Ada County building plans examiner attended one meeting to address building code issues. The committee held four two-hour meetings. E-mail and phone exchanges were made between meetings among participants and to inform and receive input from those unable to attend. The Issues At the first meeting, the committee identified the most critical issues with contractors' yards and related uses. The list generated at that meeting is attached, with a summary of the discussion on each issue noted in italics. The key issue the committee discussed was that Ada County's and many of the cities' regulations treat all contractors' yards the same, regardless of size and impacts. All contractors' yards are required to locate in industrial zones, some commercial zones, or in some cases mixed-use zones. To aid the discussion, the committee reviewed maps of - all land in city and county zones that allow (either outright or by conditional use) contractors' yards; - all land designated by the cities and county for future industrial land use; and, - all land zoned to allow contractors' yards (from the first map above) that is vacant or underdeveloped. (Note: the method used to produce this map was to identify those parcels with less than $5000. of improvements per acre. This resulted in showing some parcels as underdeveloped that are actually developed, and showing some parcels as vacant that are undevelopable. These limitations were discussed by the committee.) 1 The committee also reviewed excerpts of zoning ordinances from a variety of cities and counties around the country, a summary of the six cities' zoning regulations for contractors' yards, and some journal articles gathered by the industry representatives. A list and summary of those materials is attached. The city and county planners discussed the quantity of available land shown on the third map (more than one thousand parcels county-wide), and identified factors that maybe constraining the use of some of that land. The planners agreed the largest or highest-impact contractors' yards should locate in those areas now zoned for such uses. The planners agreed to go back to their departments and discuss the constraints on some of that land, and to take some strategies forward to their governing boards. Another issue the committee discussed was that the small contractors' yards generate the most enforcement problems regarding the contractor industry. Small contractors' yards are also much higher in number county-wide than large ones. (Continued on page 3.) Z The Result The consensus of the committee's discussions was that there should be more than one category of contractors' yards, and that those with lesser impacts be allowed in some other zones. The committee generated a table of how contractors' yards of different sizes or impacts could be located in some other zones, and what performance standards could be used to define them: PERFORMANCE SMALL (accessory MEDIUM (as a LARGE (where STANDARDS BY to a residence, similar to a temporary use in an area they are allowed now, in FACTOR: home occupation) of impact) industrial zones and some commercial and mixed- usezones) Processing None Require different Require different type of review, type of review - such as a c.u. or - no limit. Traffic <5 or <10 adt Based on road Based on road class and class and im rovements im rovements Parking -licensed On-site, paved*, Same as for Same as for vehicles with setbacks & small small screening* Outdoor Storage Should any be Year-round Year-round allowed?* screening screening Employee Activity Number? Number?* No limit on #; On-Site Office, vehicle Small plus small plus drop-off, indoor vehicle vehicle loading maintenance, maintenance, outdoor loading outdoor loadin Dust None Dust mitigation Dust mitigation lan lan Noise None Vehicle noise Noise mitigation only-or-noise plan. mitigation lan.* Septics and Wells Yes, unless Yes with Yes, unless sew/wtr < 300 ft. approval from sew/wtr < 300 ft. city. 3 Vehicle Repair None Mechanical All repair okay, onl ,indoors. indoors. Future Planned Not a Requires input Not a Growth consideration. from city, consideration. Amount of Large None Based on lot No limit. Equi went size. Temporary Use/ None Yes. Require None Automatic Time tear-down Limit construction. Time limit posted on property and recorded. Site Size Not a Minimum size?* No limit. consideration. Lighting Minimal. Restrictions. As required for other industrial uses. * No group consensus. Committee participants agreed the smallest contractors' yards could be allowed, with limitations similar to those for home occupations, in residential areas. This would allow small family-owned businesses alow- cost way to operate. And, startup businesses could build a client base before having to move to another location. Boise and Meridian representatives expressed concern that home occupations often become an enforcement problem, and could require an increase in enforcement personnel. They recommended that contractors' yards in residential areas be tightly regulated to reduce impacts on surrounding properties. Regarding medium and large contractors' yards, the preference of the planners was to clearly define and distinguish the medium and large categories, using measurable performance standards. The industry representatives preferred to make no performance standard distinctions between medium and large and instead make temporary and permanent the sole distinction. The industry reps preferred to have each contractor's yard reviewed on a case-by-case basis. 4 ~ ~ Follow-Up The strategy of allowing medium size-or-impact contractors' yards to locate within areas of impact on a temporary basis was tentatively accepted by all committee members. That approach is dependent upon city supporC. City planners indicated this is a policy issue that should be addressed by their respective councils and agreed to take that strategy back to their departments for additional discussion and possible presentation to their city councils. In addition to the temporary contractors' yards strategy, city representatives agreed to take the following back to their departments and city councils for discussion: - Meridian -Amend comprehensive plan to allow some uses in area of impact without city sewer. Plan for a new zone in the area of impact to allow permanent commercial and industrial uses in the areas planned for them. Amend zoning ordinance to allow some contractors' yards to locate in some commercial zones within city limits. Include an industrial component in comprehensive planning of the Ten-Mile area. - Boise -Determine which areas within the area of impact should be defined as unsuitable for contractors' yards, such as perhaps the WUFI areas. - Eagle- Determine whether there is a need to zone more mixed-use areas within the city limits, perhaps in some of the large areas slated for annexation. Attachments 1. Flipchart comments and discussion. 2. List of documents submitted by the industry representatives. 3. Summary of city regulations submitted by the industry representatives. 4. E-mail from City of Meridian regarding vacant industrial land in Meridian. 5. Copy of letter from Board of County Commissioners to the mayors of the six cities, requesting participation on the committee. Available for Review upon Request 1. Agendas of committee meetings. 2. Map # 1: land in cities and county where contractors' yards are allowed (either outright or by conditional use). 5 ~ ~ 3. Map #2: land designated by cities and county for future industrial land use. 4. Map #3: land from map #1 that is vacant or underdeveloped. 5. Copies of documents submitted by the industry representatives. 6 December 8, 2006 FP 06-050 MERIDIAN CITY COUNCIL MEETING December 12, 2006 APPLICANT F&C Development ITEM NO. 8 REQUEST Request for Final Plat approval for 26 single-family residential building lots and 3 common lots on 9.44 acres in R-2 and R-4 zones for Napoli Subdivision -- 4280 South .Eagle Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Mertdlan. COMMENTS See attached Memo Phone: L • December 8, 2006 VAC 06-015 MERIDIAN CITY COUNCIL MEETING December 12, 2006 APPLICANT Corey Barton / Dyver Development ITEM NO. 9 REQUEST Public Hearing -Request for a Vacation of a portion of the public utilities and irrigation easement adjacent to the common lot line of Lots 3 8~ 4, Block 1 of Silverleaf Subdivision No. 1 -- 3128 & 3150 West Lost Rapids Drive AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. December 8, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT Spurwing Limited Partnership ITEM NO. ~ O REQUEST Public Hearing -Request for Annexation and Zoning of 20.51 acres from R-R to R-8 zone for Spurwing Patio Homes Subdivision -- nec of North Ten Mile Road and West Chinden Boulevard and west of North Spurwing Way AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: See attached P&Z Item Packet /Minutes See attached Recommendations MERIDIAN POST OFFICE: OTHER: See attached Affidavit of Posting /Petition from Spurwing Subdivision • AZ 06-043 December 12, 2006 Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meeflngs shall become property of the City of Meridian. • December 8, 2006 PP 06-045 MERIDIAN CITY COUNCIL MEETING December 12, 2006 APPLICANT Spurwing Limited Partnership ITEM NO. ~ ~ REQUEST Public Hearing -Request for Preliminary Plat approval of 73 residential building lots consisting of 46 attached single-family units and 27 detached singlefamily units and 6 common /other lots on 20.51 acres in propoed R-8 zone for Spurwtng Patto Homes SubdNislon - nec of Ten Mile & W. Chinden AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS See attached P&Z Item Packet /Minutes See attached Recommendations MERIDIAN POST OFFICE: OTHER: See attached Affidavit of Posting /Petition from Spurwing Subdivision Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cify of Meridian. • December 8, 2006 VAR 06-020 MERIDIAN CITY COUNCIL MEETING December 12, 2006 APPLICANT SpurWing Limited Partnership ITEM NO. ~ Z REQUEST Public hearing -Request for a Variance to exceed the max block length allowed under UDC 11-2D-3C for Sput~nring Patio Homes Subdivision - nec of Ten Mile & West Chinden Boulevard 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: See attached Staff Comments MERIDIAN POST OFFICE: OTHER: Petition from Spurwing Subdivision Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at prrbtlc meetings shall become property of the Cfly of Merldtan. • • December 8, 2006 AZ 06-050 MERIDIAN CITY COUNCIL MEETING December 12, 2006 APPLICANT Treehaven, LLC ITEM NO. ~ 3 REQUEST Public Hearing -- Request for Annexation and Zoning of 4.64 acres from R-R to R-8 zone for Tree Farm Addition -- 6745 North Black Cat Road AGENCY COMMENTS CITY CLERK: See attached P&Z Item Packet /Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Recommendations CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached AfFid®vit of Posting Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cffy of Meridian. • ~ December 8, 2006 MI O6-Ol 0 MERIDIAN CITY COUNCIL MEETING December 12, 2006 APPLICANT Treehaven, LLC ITEM NO. ~ 4 REQUEST Public Hearing: Miscellaneous application to modify the existing Development Agreement to include the property located at 6745 N. Black Cat Road for The Tree Farm - 6745 N. Black Cat Road. AGENCY COMMENTS 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: No Comments 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 Clay of Meridian. ~ i December 8, 2006 AZ 06-049 MERIDIAN CITY COUNCIL MEETING December 12, 2006 APPLICANT Greenspur Investments, LLC ITEM NO. 15 REQUEST Public Hearing -Request for Annexation and Zoning of 13.25 acres from RUT to R-8 zones for Larkspur South Subdivision - 230 8~ 240 Edmonds Court AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See attached P&Z Item Packets / Minutes See attached Recommendations Date: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Phone: • CJ December 8, 2006 PP 06-051 MERIDIAN CITY COUNCIL MEETING December 12, 2006 APPLICANT Greenspur Investments, LLC ITEM NO. ~ 6 REQUEST Public Hearing -Request for Preliminary Plat approval of 67 single-family residential lots and 7 common lots on 12.81 acres in a proposed R-8 zone for Larkspur South Subdivision -- 230 & 240 Edmonds Court AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See attached P8Z Item Packets /Minutes See attached Recommendations See attached Comments Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. Date: Phone: • December 8, 2~b MERIDIAN CITY COUNCIL MEET-h1G DeCernber 12, 200b APPLICANT ITEM NO. ' 7 REQUEST Public Hearing -- Arnendmenfs fo include U~dafing Procedures, Nevv Fees and Fee Increases for Dog Licensing AGENCY CITY CLERK: CITY ENGINEER: CITY PLANN4PdG DIRECTOR: CITY ATTORNEY CITY POLteE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: M€RtDIAPd SCHOOL DISTRICT: ADA COUNTY HIGHWAY DI$IRICI: SANITARY SERVICE COMPANY CENIF~AL DISIhICT HEALTH: NAMPA MERIDIANd tl:t'IGATlOP~1: SE-fTLEFtS IRRIfGAIION: IDAHO P®WER: US WEST: lPdTERMOUNTAtN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staffi Inlttais: - ~af~ri®la pr~sent~d at public re9~~tings s#rnll b~corn~ properfq of ti9€ Citp of Rfleri~ian. COMMENTS See atta+eE~e+~ A~fr~ See attached Ordinance • i December 8, 2006 MERIDIAN CITY COUNCIL MEETING December 12, 2006 APPLICANT ITEM NO. ~ S REQUEST Ordinance -Alcohol Ordinance AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See athoched Ordir~nce CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: f MERIDIAN SCHOOL DISTRICT: p~ ADA COUNTY HIGHWAY DISTRICT: n ,~ SANITARY SERVICE COMPANY / ` v CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become prop®rty of the City of Meridian. ~:® ~ CITY OF MERIDIAN ORDINANCE NO. ~6 ° ~Z 8 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE AMENDING TITLE 3, CHAPTER 2, SECTION 1 OF THE MERIDIAN CITY CODE REGARDING THE REQUIREMENTS FOR LICENSED ALCOHOL ESTABLISHMENTS HOURS OF SALE AND PROVIDING FOR A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR A SiTMMARY; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 3, Chapter 2, Section 1 of the Meridian City Code is amended to read as follows: 3-2-1: ADOPTION OF BEER, WINE AND LIQUOR LAWS: A. Adoption Of State Law: There is hereby adopted for the purpose of governing the licensing, sale and use of alcoholic beverages within the city, the laws of the state, being particularly Idaho Code title 23, as presently in effect or as may be hereafter amended by the legislature of the state and or by the city council of the city, as may be contained in that certain volume "Idaho liquor and beer laws" revised through acts of the legislature, published by authority of the department of law enforcement, liquor law division, as the same may be revised by the legislature or by the city council of the city. The same are hereby adopted and incorporated herein as an ordinance of the city as fully as though set forth in full herein. B. Copies On File: Three (3) copies of the Idaho liquor and beer laws, together with all amendments thereto, shall be kept on file in the office of the city clerk for use and examination of and by the public. (Ord. 684, 12-20-1994) C. Pursuant to Idaho Code 23-927(2) it shall be allowed within the City of Meridian to sell li uq or by the drink in the following dates and times: 1. Sundays; 2. Memorial Day; 3. Thanksgiving Dam 4. Unti12 o'clock a.m. daily except for Christmas Day from 2 o'clock a m (December 25) until 10 o'clock a.m. of the following da~(December 261 LICENSED ESTABLISHMENT HOURS & DAYS OF SALE AMENDMENT Page 1 of 2 f • '~ D. Penalty: It shall be unlawful and punishable as a misdemeanor to violate any of the provisions of this Chapter. E. Severability: If any provision or section of this Ordinance shall be held to be invalid by a court of competent jurisdiction, then such provision or section shall be considered separately and apart from the remaining provisions or sections of this Ordinance, which shall remain in full force and effect. Section 2. That pursuant to the affirmative vote of the Council, this Ordinance shall be in full force and effect upon its passage, approval and publication. P SSED by the City Council of the City of Meridian, Idaho, this l Z ~' da of A~Ce h" ~ e ~'' 2006. Y APPROVED by the Mayor of the City of Meridian, Idaho, this l~~day of /~ ~C ~'!~ b ~~ , 2006. A' CITY CLERK APPRO ,~~~,~~ e~~~° O ~. a°` >° ``&' ,. v ~isi~~~fi,~~r~in itat~~4~~4i®A',6 LICENSED ESTABLISHMENT HOURS & DAYS OF SALE AMENDMENT Page 2 of 2 ~~ ~ • NOTICE AND PUBLISHED SUNIlVIARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO.06- PROVIDING FOR AN AMENDMENT TO THE MERIDIAN CITY .LICENSE LIQUOR ESTABLISHMENT ORDINANCE An Ordinance of the City of Meridian amending Title 3, Chapter 2, Section 2 of the Meridian City Code. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall become effective upon the passage and publication. Mayor and City Council of the City of Meridian 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. 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- 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 December, 2006. William. L.M. Nary, City Attorney LICENSED ESTABLISHMENT HOURS AND DAYS OF SALE AMENDMENT Page 1 of 1 ~~ ~ NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.06- l Z ~r AN ORDINANCE AMENDING TITLE 3, CHAPTER 2, SECTION 1 OF THE MERIDIAN CITY CODE REGARDING THE REQUIItEMENTS FOR LICENSED ALCOHOL ESTABLISHMENTS HOURS OF SALE AND PROVIDING FOR A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR A SUMMARY; AND PROVII)ING AN EFFECTIVE DATE An Ordinance of the City of Meridian amending Title 3, Chapter 2, Section 1 of the Meridian City Code providing for expanded days and hours of sale for liquor by the drink. A full text of this ordinance is available for inspection at the City Clerk's Office, City Hall, City of Meridian, 33 East Idaho Aven~~ ~Vieridian, Idaho. This ordinance shall become effective upon the passage a{~d°~~~ i `:it; o, a` J ~. Mayor and City Counc o the pity f Me _ By: William G. Berg, Jr., City €ler ~~"°~~ First Reading: /2 ~ l2 ;, ~ ~~a ~g by suspension of the Rule as allowed pursuant to Idaho (gip ~S` NO Second Reading: - ~~'''~>> - ~ . , , ' id ~I~eading: - STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06- /2$ ~ 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- ~/ 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 ~~G 2006. 4 William. L.M. Nary, City Atto ey LICENSED ESTABLISHMENT HOURS & DAYS OF SALE AMENDMENT Page 1 of 1 December 8, 200b MERIDIAN CITY COUNCIL MEETING • December 12, 2006 APPLICANT ITEM NO. ~ 9 REQUEST Ordinance -Audit Presentation Date Change Ordinance 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 afiached Ordinance 4~ 1 Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • CITY OF MERIDL~N ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE AMENDING TITLE 1, CHAPTER 9, SECTION 3 OF THE MERIDIAN CITY CODE REGARDING THE PRESENTATION OF THE ANNUAL AUDIT; AND PROVIDING FOR A SUMMARY; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 1, Chapter 9, Section 3 of the Meridian City Code is hereby amended. 1-9-3: FISCAL POLICY; BUDGET: A. Budget Policy: 1. The purpose of the budget is to help the public understand the costs of services and how they relate to the services provided by the City. This budget shall also serve the purpose of advising the City Council and Mayor about the finances of the City and assist the City Council in determining what they desire to do for the City and in setting its goals. The City Treasurer shall meet the provisions of Idaho Code section 50-208, and shall be custodian of the monies belonging to the City, shall be responsible for all accounting and investing of the City's funds, and shall prepare and present to the City Council monthly statements and tentative annual budgets in accordance with this Section. The annual budget shall show expenditures and revenues as required in Idaho Code section 50-1002. 2. The City Treasurer shall keep a separate account of each fund or appropriation, and the debits and credits belonging thereto; he or she shall give a receipt to every person and state on what account it was paid, shall file copies of such receipts with his or her monthly statement, shall at the end of each month and every month, and as often as may be required, render an account to the City Council under oath, showing the status of the Treasury at the date of such accounting and the balance of money in the Treasury; he or she shall accompany such accounts with a statement of all receipts and disbursements, together with all warrants redeemed and paid by him or her, which said warrants, with any and all vouchers held by him or her, shall be filed with said account in the Clerk's office. AMENDMENT OF THE PRESENTATION OF CITY'S ANNUAL AUDIT Page 1 of 4 ~ ~ B. Fiscal Year: The fiscal year for the City shall begin on October 1 as set out in Idaho Code section 50-1001. C. Monthly Budget: 1. The monthly budget shall set out the status of revenues and expenditures. The monthly budget shall contain figures of expenditures indicating the total funds budgeted for the year and amounts spent through the date of the monthly budget statement and the amount of revenue collected. The monthly budget shall show the balance of all general accounts, special accounts, enterprise funds, and any other dedicated accounts or funds as established by the City Council. This budget shall be broken down into, and by, departments in sufficient detail to allow the City Council to be able to determine where the funds are being expended, i.e., salaries, equipment, services, etc. 2. This monthly budget statement shall be submitted to the City Council prior to their second monthly meeting, as set out in Idaho Code section 50-208 and shall show the balance, including interest, of all general accounts, special accounts, water and sewer enterprise accounts, and all other dedicated funds as established by the City Council. D. Annual Budget: 1. At least sixty (60) days before the annual appropriation ordinance is due, the City Treasurer/City Clerk shall submit a tentative annual budget to assist the City Council in budget preparation. This tentative annual budget shall contain such expenditures as dictated to the Treasurer by a majority vote of the City Council. If there are no projections provided, the Treasurer shall make projections based on established City policy. The tentative annual budget shall be for the coming fiscal year. The City Council shall begin budget workshops ninety (90) days prior to when the appropriation ordinance is due and shall hold such necessary workshops until the Treasurer is provided with the budget projections or until sixty (60) days prior to the appropriation ordinance due date at which time the Treasurer shall submit such projections as set out in this Section. The tentative budget shall show the following items: a. Anticipated expenditures, with at least as much detail as set out in the tax levy ordinance and the appropriation ordinance. b. Anticipated revenues to be allocated to each department, including fees, taxes, charges, income from utilities and any other source of income. c. Depreciation costs for enterprise assets. d. Such other detail that is requested by a majority vote of the City Council. AMENDMENT OF THE PRESENTATION OF CITY'S ANNUAL AUDIT Page 2 of 4 ~ ~ 2. The tentative budget as prepared by the City Treasurer shall be advisory and not binding on the City Council. Only upon passage of an appropriation ordinance shall such budget become binding. The expenditures in the budget shall not exceed revenues unless otherwise provided as set forth in the Idaho Code section 50-1006. 3. October 20 shall be the cut-off date for late submittal of bills that will be paid by the City in the previous fiscal year and purchases by the City shall be made prior to that date. Contracts may require that bills be paid and purchases made in the following fiscal year and those matters shall be handled as carry over items shown in the budget for the next year. 4. Idaho Code section 50-1005A states that cities may accumulate fund balances at the end of a fiscal year and carry over such fund balances into the ensuing fiscal year sufficient to achieve or maintain City operations on a cash basis. A fund balance is the excess of the assets of a fund over its liabilities and reserves. Balances that are carried over shall go into the appropriate fund, but may be used to fund the City Department that had the fund carryover from the previous fiscal year. E. Audits: 1. It shall be the duty of the City Council to have a complete and thorough audit of the financial statements of the City as set out in Idaho Code sections 67-450B and 50- 1010. The expenses required to obtain such an audit shall be included in the City annual budget. The City Treasurer shall submit the necessary financial statements to the auditor no later than December 1 following the end of the fiscal year. The City Council, by a majority vote, shall appoint a qualified certified public accounting (CPA) firm to conduct such an audit. The CPA firm shall be hired for a time period not to exceed two (2) years at which time the City Council shall either renew such period or hire another qualified CPA firm. Such audit shall be submitted to the City Council no later than January ~ 31~ following the fiscal year end. 2. The City Council shall retain the right to order the Treasurer or a qualified CPA firm to conduct internal audits as frequently and as necessary as may be needed. F. Performance Audit: As the City Council deems necessary, the City Council shall appoint a certified CPA firm or consulting firm to conduct a performance audit for all specified departments. This performance audit shall be as extensive and detailed as the City Council deems necessary. 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 AMENDMENT OF THE PRESENTATION OF CITY'S ANNUAL AUDIT Page 3 of 4 • • 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 after its passage, approval and publication. 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 AMENDMENT OF THE PRESENTATION OF CITY'S ANNUAL AUDIT Page 4 of 4 • NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO.06- PROVIDING FOR AN AMENDMENT OF THE PRESENTATION OF THE CITY'S ANNUAL AUDIT An Ordinance of the City of Meridian amending Title 1, Chapter 9, Section 3 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 the passage and publication. Mayor and City Council of the City of Meridian 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. 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- 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 AMENDMENT OF THE PRESENTATION OF CITY'S ANNUAL AUDIT Page 1 of 1 • CITY OF MERIDIAN ORDINANCE NO. ~J BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE AMENDING TITLE 1, CIiAPTER 9, SECTION 3 OF THE MERIDIAN CITY CODE REGARDING THE PRESENTATION OF THE ANNUAL AUDIT; AND PROVIDING FOR A Si1MMARY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 1, Chapter 9, Section 3 of the Meridian City Code is hereby amended. 1-9-3: FISCAL POLICY; BUDGET: A. Budget Policy: 1. The purpose of the budget is to help the public understand the costs of services and how they relate to the services provided by the City. This budget shall also serve the purpose of advising the City Council and Mayor about the finances of the City and assist the City Council in determining what they desire to do for the City and in setting its goals. The City Treasurer shall meet the provisions of Idaho Code section 50-208, and shall be custodian of the monies belonging to the City, shall be responsible for all accounting and investing of the City's funds, and shall prepare and present to the City Council monthly statements and tentative annual budgets in accordance with this Section. The annual budget shall show expenditures and revenues as required in Idaho Code section 50-1002. 2. The City Treasurer shall keep a separate account of each fund or appropriation, and the debits and credits belonging thereto; he or she shall give a receipt to every person and state on what account it was paid, shall file copies of such receipts with his or her monthly statement, shall at the end of each month and every month, and as often as may be required, render an account to the City Council under oath, showing the status of the Treasury at the date of such accounting and the balance of money in the Treasury; he or she shall accompany such accounts with a statement of all receipts and disbursements, together with all warrants redeemed and paid by him or her, which said warrants, with any and all vouchers held by him or her, shall be filed with said account in the Clerk's office. AMENDMENT OF THE PRESENTATION OF CITY'S ANNUAL AUDIT Page 1 of 4 • B. Fiscal Year: The fiscal year for the City shall begin on October 1 as set out in Idaho Code section 50-1001. C. Monthly Budget: 1. The monthly budget shall set out the status of revenues and expenditures. The monthly budget shall contain figures of expenditures indicating the total funds budgeted for the year and amounts spent through the date of the monthly budget statement and the amount of revenue collected. The monthly budget shall show the balance of all general accounts, special accounts, enterprise funds, and any other dedicated accounts or funds as established by the City Council. This budget shall be broken down into, and by, departments in sufficient detail to allow the City Council to be able to determine where the funds are being expended, i.e., salaries, equipment, services, etc. 2. This monthly budget statement shall be submitted to the City Council prior to their second monthly meeting, as set out in Idaho Code section 50-208 and shall show the balance, including interest, of all general accounts, special accounts, water and sewer enterprise accounts, and all other dedicated funds as established by the City Council. D. Annual Budget: 1. At least sixty (60) days before the annual appropriation ordinance is due, the City Treasurer/City Clerk shall submit a tentative annual budget to assist the City Council in budget preparation. This tentative annual budget shall contain such expenditures as dictated to the Treasurer by a majority vote of the City Council. If there are no projections provided, the Treasurer shall make projections based on established City policy. The tentative annual budget shall be for the coming fiscal year. The City Council shall begin budget workshops ninety (90) days prior to when the appropriation ordinance is due and shall hold such necessary workshops until the Treasurer is provided with the budget projections or until sixty (60) days prior to the appropriation ordinance due date at which time the Treasurer shall submit such projections as set out in this Section. The tentative budget shall show the following items: a. Anticipated expenditures, with at least as much detail as set out in the tax levy ordinance and the appropriation ordinance. b. Anticipated revenues to be allocated to each department, including fees, taxes, charges, income from utilities and any other source of income. c. Depreciation costs for enterprise assets. d. Such other detail that is requested by a majority vote of the City Council. AMENDMENT OF THE PRESENTATION OF CITY'S ANNUAL AUDIT Page 2 of 4 • ! 2. The tentative budget as prepared by the City Treasurer shall be advisory and not binding on the City Council. Only upon passage of an appropriation ordinance shall such budget become binding. The expenditures in the budget shall not exceed revenues unless otherwise provided as set forth in the Idaho Code section 50-1006. 3. October 20 shall be the cut-off date for late submittal of bills that will be paid by the City in the previous fiscal year and purchases by the City shall be made prior to that date. Contracts may require that bills be paid and purchases made in the following fiscal year and those matters shall be handled as carry over items shown in the budget for the next year. 4. Idaho Code section 50-1005A states that cities may accumulate fund balances at the end of a fiscal year and carry over such fund balances into the ensuing fiscal year sufficient to achieve or maintain City operations on a cash basis. A fund balance is the excess of the assets of a fund over its liabilities and reserves. Balances that are carried over shall go into the appropriate fund, but may be used to fund the City Department that had the fund carryover from the previous fiscal year. E. Audits: 1. It shall be the duty of the City Council to have a complete and thorough audit of the financial statements of the City as set out in Idaho Code sections 67-450B and 50- 1010. The expenses required to obtain such an audit shall be included in the City annual budget. The City Treasurer shall submit the necessary financial statements to the auditor no later than December 1 following the end of the fiscal year. The City Council, by a majority vote, shall appoint a qualified certified public accounting (CPA) firm to conduct such an audit. The CPA firm shall be hired for a time period not to exceed two (2) years at which time the City Council shall either renew such period or hire another qualified CPA firm. Such audit shall be submitted to the City Council no later than the end of the 2°d quarter of the fiscal year. 2. The City Council shall retain the right to order the Treasurer or a qualified CPA firm to conduct internal audits as frequently and as necessary as may be needed. F. Performance Audit: As the City Council deems necessary, the City Council shall appoint a certified CPA firm or consulting firm to conduct a performance audit for all specified departments. This performance audit shall be as extensive and detailed as the City Council deems necessary. 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 AMENDMENT OF THE PRESENTATION OF CITY'S ANNUAL AUDIT Page 3 of 4 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 after its passage, approval and publication. 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: ATTEST: CITY CLERK MAYOR AMENDMENT OF THE PRESENTATION OF CITY'S ANNUAL AUDIT Page 4 of 4 ~ ~ NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO.06- PROVIDING FOR AN AMENDMENT OF THE PRESENTATION OF THE CITY'S ANI~TUAL AUDIT An Ordinance of the City of Meridian amending Title 1, Chapter 9, Section 3 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 the passage and publication. Mayor and City Council of the City of Meridian 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. 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- 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 AMENDMENT OF THE PRESENTATION OF CITY'S ANNUAL AUDIT Page 1 of 1 • December 8, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Executive Session per Idaho State Code 67-234 Q ITEM NO. 2O 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: • December 12, 2006 Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ~'' <~ ~ ': c~rY al± _ I { ~r~~Ijo ~~ Pc MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joe Borton Charles Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234 /fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 /fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 /fax 888-6844 Police 1401 E. Watertower Lane 888-6678 /fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 /fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 /fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 /fax 884-0744 - Water 2355 N.W. 8th Street 888-5242 /fax 884-1159 DELIQUENCY FOR TURN OFF ~C~~ V ~1J DEC ~ 2 206 City of Meridian City Clerk Offic® Schedule for December 13, 2006 cycle 2 MAYOR: This letter attests to the fact that no water users have requested a pre-termination hearing for December 12, 2006. Users having delinquent utility bills will be shut off on December 13, 2006. The total amount past due is $14,427.27. The number of past due customers is 166. Jaycee Holman CITY I TALL 33 EAST IDAxo AVENUE MERIDIAN, IDAxO 83642 208) 888-4433 QTY CLERK -FAX 888-4218 QTY ATTORNEY /FIR -FAX 884-8723 FINANCE 8i UTILITY BILLING -FAX 887- 13 MAYOR'S OFFICE -FAX 884-8116 - rCITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 1 • Standard Payment Customers Dec 12, 2006 05:37pm Current Period: 12/20/2006 -Transactions Included Through: 12/20/2006 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Report Criteria: Terminated customers not included Customer.Cust No () _ {<}880000001 Customer.Bill Cycle = 2 Customer.disconnected = No Customer.shut off list = No Ref No Cust No Name /Service Address Past Due Balance 1 18.42.2714.4 AARON & AMY JACQUITH 64.97 119.26 2557 LAUGHRIDGE AVE N 2 17.34.0708.4 ABEL, RANDY 67.77 118.95 2217 AMETHYST AVE N 3 18.42.2114.2 ACKLEY, WENDY 52.07 81.75 2347 WINGATE PL N 4 15.21.2928.3 AMABISCO, DAVID & JENNIFER 118.59 186.65 2898 ELK STREAM ST W 5 16.31.3328.2 ANDREWS, AYA 56.14 125.76 923 DELMAR DR 6 8.81.0515.3 ARENT, SARAH 53.24 122.27 3872 WESTON AVE N 7 3.15.4619.2 ARMSTRONG, BRADLEY & RAQUEL 95.94 183.85 2161 TANGO CREEK DR W 8 16.31.1272.1 AUDENS, CHRISTOPHER 102.92 216.33 263412TH ST NW 9 18.42.1028.1 AV II L.L.C. 66.00 455.74 1800 LOCUST GROVE N 10 10.10.0022.2 BALDWIN, RENEE 51.33 94.45 3340 MORELLO AVE N 11 17.34.2710.6 BALLARD, DAVE & KRISTA 75.89 130.11 1408 COUGAR CREEK DR E 12 15.21.0560.2 BARBEE, JASON 8 FAIN STEPHANI 82.72 130.92 2602 PARK STONE DR W 13 17.34.2848.6 BEATIE, LEONARD 8~ ANDREA 68.45 152.89 3043 YELLOW PEAK WAY N • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 2 Standard Payment Customers Dec 12, 2006 05:37pm Current Period: 12/20/2006 -Transactions Included Through: 12/20/2006 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 14 6.45.0506.2 BENAK, CHRISTOPHER J 148.36 171.44 4913 SCHUBERT AVE N 15 10.20.0074.3 BENCH, JACOB 70.34 109.71 3922 COOL RIVER WAY N 16 3.15.0145.2 BERGERON, TROY ~ TERESA 77.71 150.23 1622 RATTLESNAKE CT W 17 15.21.0130.1 BESKER, GLORIA 65.98 180.93 2624 LEANN WAY N 18 17.34.2860.3 BICANDI, THOMAS ~ REBECCA 86.75 139.13 1252 STORMY DR E 19 16.31.0248.3 BLASER, DARREN 98.51 121.59 1528 CHERRY LN W 20 15.21.3068.1 BOYDSTUN, PATRICK ~ JUDY 57.36 107.20 2943 JOUST ST W 21 16.32.1362.4 BRONSON, SHAUNCEY ~ AUTUMN 52.82 124.37 308 WATERBURY DR W 22 10.20.0066.3 BROWN, CHRISTOPHER M 87.43 139.66 3830 COOL RIVER WAY N 23 13.13.5012.2 BROWN, CORY 8 SHARLA 76.55 136.58 4869 TOURNAMENT DR W 24 15.21.2860.3 BROWN, TRAVIS & TEGAN 65.69 151.18 2820 FOXTROTTER DR W 25 13.11.0307.2 BROWN, TYSON AND LANDRA 73.23 153.81 2643 TRICIA WAY N RENTERS (BROWN) WROTE A CHECK ON CLOSED ACCOUNT TO GET/KEEP WATER ON. IS CASH ONLY UNTIL 10/18/07. 26 18.42.2718.3 BRYANT, JOHN 54.47 89.94 2507 LAUGHRIDGE AVE N 27 7.48.0748.2 CARR, JOEY &CARR, WILLIAM 72.91 120.23 2227 NAKANO DR E 28 9.09.9614.2 CARREON, TONIA 79.86 145.23 1021 WHITE SANDS DR W CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 3 Standard Payment Customers Dec 12, 2006 05:37pm Current Period: 12/20/2006 -Transactions Included Through: 12/20/2006 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 29 14.20.2042.2 CHASE, RAYMOND N, JR. 160.68 223.52 1620 LAUDERHILL WAY N 30 15.21.3260.2 CHRISTENSEN, JOHN & KAREN 61.28 148.74 2866 PARK STONE ST W 31 17.85.0413.2 COMPTON, TIMOTHY & JACKI 62.57 101.66 2717 ALDGATE WAY N 32 9.09.9622.2 CONOVER, RICHARD ~ JENNIFER 75.83 135.99 935 WHITE SANDS DR W 33 14.19.6580.2 COOPER, WAYNE 68.10 111.53 3008 FIRELIGHT PL N 34 8.20.1210.2 CORTES, JUAN & LAMAS, MARIA 78.40 134.94 4475 TEMPEST WAY N 35 10.20.0096.2 CROWLEY, JASON ~ MELISSA 52.13 81.94 3659 TWIN EAGLES WAY N 36 14.19.5498.2 CURTISS, MARK i~ AMY 59.50 99.68 2901 VALAM AVE N CURTISS (RENTER) IS CASH OR MONEY ORDER ONLY-NO CHECKS ALLOWED!! 37 16.31.0228.4 DALY, JAMES 332.46 362.27 1705 13TH AVE NW 38 8.08.1574.3 DEAN, KEEGAN 113.28 149.22 347 SANTIAGO DR E 39 18.42.1824.3 DELEON, SHAN 84.88 153.71 2166 MEADOW WOOD DR E NO ARRANGEMENTS ALLOWED UNTIL APRIL 2007! 40 10.55.2902.2 DEMOBS, TERRY & KATHY G 58.72 124.71 2367 QUINTALE DR W 41 17.33.2374.4 DIOQUINO, DEBBIE 108.40 138.21 2716 ARROW WOOD WAY N 42 15.21.1958.1 DON, CHRISTY L. 63.74 103.71 2575 REBECCA WAY 43 15.22.1342.2 DUNK, LINDY 68.73 169.49 1877 MCGLINCHEY ST W CITY OF MERIDIAN ' Shutoff Account List CITY COUNCIL Page: 4 Standard Payme nt Customers Dec 12, 2006 05:37pm Current Period: 12/20/2006 -Transactions Included Through: 12/20/2006 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 44 17.85.0507.2 DUNNE, BRETT 117.07 140.15 266 RYEGATE DR E 45 8.08.1308.4 FABITZ, KYLE 58.45 107.98 453 MOSKEE ST E 46 12.40.0206.2 GIBBS, GAYLENE & JOSEPH 110.53 163.85 3390 OAKSTONE AVE N 47 18.42.1226.3 GONZALEZ, LUIS 92.28 129.85 2183 CLARENE ST E 48 13.09.0606.2 GRAFF, AARON & KELLY 50.11 73.19 2992 CHRISTIAN WAY N 49 9.09.9140.3 GRAVELEY, JOHN & ANGELA 69.20 116.63 1476 WHITE SANDS DR W 50 17.34.0382.3 GRIMM, KEITH ~ DESTINY 81.36 128.35 1184 WILLOWBROOK DR E 51 15.22.0910.5 GURZHIY, VADIM 288.70 318.51 2041 CHATEAU DR W 52 14.20.0440.1 GUSTAVUS, TED & RHONDA 51.29 104.85 4558 WHITE ASH DR W 53 13.13.0020.2 HALE, DWAINE 8 LATICIA 110.31 279.07 4960 CLASSIC DR W 54 14.19.6596.1 HAM, RUSSELL M. 71.76 135.20 3079 FIRELIGHT PL N 55 17.34.2732.1 HAMILTON, FLOYD 79.17 136.32 1178 COUGAR CREEK DR E 56 17.34.1046.2 HAMUDOT, NADIR 64.26 121.57 2528 BOBCAT WAY N 57 16.31.3394.2 HANHARDT, ANDREW & CAMILLE 89.64 138.59 1080 DELMAR DR 58 17.33.4248.2 HARGRAVE, CLATE & KAREY 66.12 117.58 2703 EUREKA AVE N 59 18.42.2366.1 HAWK, FRANCIS 70.76 98.17 1772 GREEN MEADOW CT E CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 5 Standard Payment Customers Dec 12, 2006 05:37pm Current Period: 12/20/2006 -Transactions Included Through: 12/20/2006 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address 60 9.92.1310.3 HELFENSTEIN, D $ POWELL, A 4751 ZACHARY WAY N NO ARRANGEMENTS!!!!!!!!!!!!! Past Due Balance 54.76 109.37 61 17.79.0104.2 HELP FUND 1 ~ KELLY SHAW 118.72 152.56 448 BLUE HERON ST E 62 15.21.2786.2 HELP FUND 2 50.91 147.50 2472 CLYDESDALE AVE N 63 10.55.2917.2 HENNEMAN, STEPHEN & LORI 76.20 99.28 2496 ASTONTE DR W 64 16.31.0770.4 HERNANDEZ, JOYCE 113.11 113.11 220715TH ST NW 65 17.79.0111.2 HINTZ ,BOB 58.97 94.17 576 BLUE HERON ST E 66 15.22.2076.5 HOTCHKISS, JAMES 8~ MEREDITH 88.11 147.35 2258 ANDREW CREEK ST W 67 9.09.0274.2 HUNTER, DANIEL 87.89 136.09 3694 PRICE WAY N 68 8.08.1374.4 JENSEN, ALOHA LEILANI 51.65 84.61 228 CARVER DR E 69 16.32.1156.2 JESSER, JADE 60.91 134.25 339 SPICEWOOD DR W 70 3.15.4819.2 JONES, DEBORAH 121.80 144.88 2017 BOULDER BAR DR W 71 15.22.0330.1 JONES, ELDON 8~ LORI 64.80 144.23 2312 MONACO WAY NO MORE ARRANGEMENTS!! DID NOT KEEP LAST ARRANGEMENTS!!! 72 13.09.0602.2 KALINOVSKY, NADEZHDA 135.47 158.55 3052 CHRISTIAN WAY N 73 3.90.0050.2 KNIGHTON, PAUL ~ NICOLE 72.14 118.39 5433 AREZZO AVE N 74 9.09.9230.2 KOCH, CHRISTOPHER & MISHELLE 75.83 128.06 4183 MCKINLEY PARK AVE N 75 16.32.0522.5 LAFOLLETTE, BILLY ~ SHIRLEY 69.81 100.67 1843 LAWNDALE DR CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 6 Standard Payment Customers Dec 12, 2006 05:38pm Current Period: 12/20/2006 -Transactions Included Through: 12/20/2006 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 76 7.04.0906.3 LAND, JUSTIN, JESSICA & THOMAS 61.41 182.15 1624 TERRITORY DR E 77 3.90.0832.2 LANE, JULI 77.26 127.84 2894 WAPOOT ST W 78 9.92.0130.2 LANG, PHILIP 116.19 139.27 1343 COBBLEFIELD ST W 79 15.22.0336.1 CARSON, CART 54.57 101.72 1891 TRACY CT 80 16.31.0866.1 CARSON-POOLE, VICKEE K. 54.48 142.99 1328 CHATEAU AVE W 81 8.08.5058.4 LIEU, TINA MARIA 108.40 155.83 4462 SUPAI AVE N 82 15.21.0506.2 COWRY, LOIS ~ DAVID 77.61 100.69 2846 QUARRYSTONE WAY N 83 3.92.0109.2 LUCERO, TERRY ~ JACQUE 52.23 75.31 3016 LOST RAPIDS DR W 84 17.33.2534.2 MACASKILL, AMANDA J 75.54 120.59 667 GROUSE CT E 85 18.42.2332.1 MARIN, JOSE 98.90 166.10 1902 GREENMEADOW CT E 86 17.34.1472.1 MARKHAM, RON 72.23 120.13 2898 MULE DEER WAY N 87 17.79.0828.3 MAUZY, TIFFANY 70.34 107.61 463 CHATEAU DR E 88 15.21.1710.3 MCFADIN, B & PERRERAS, J. 145.35 189.00 2267 LEANN WAY 89 17.34.0968.2 MEHOLCHICK, VICKY 69.03 135.89 2593 VALMET PL N 90 18.43.0428.2 MERTES, JEFFREY P. 117.85 158.40 2502 MEADOWGRASS ST E (CORNER) 91 15.21.2730.1 MILNER, KIM AND BRIAN 126.40 171.45 2466 STONE PL N CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 7 ' Standard Payment Customers Dec 12, 2006 05:38pm Current Period: 12/20/2006 -Transactions Included Through: 12/20/2006 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 92 13.09.0305.4 MOSS, BRETT 8~ KRISLEE 70.91 136.45 3045 CHRISTIAN WAY N 93 14.20.0128.2 MUNROE, MONICA 96.77 164.42 1909 GREENFIELD AVE N 94 9.09.0724.1 MURILLO, EDUARDO 79.80 102.88 3863 THAIN AVE N 95 8.15.0056.1 NEWELL, JACQUELINE 57.92 133.62 560 RED ROCK DR E 96 17.34.3204.2 NICHOLSON, MARLENE 53.67 86.17 1263 STORMY DR E 97 5.50.0154.2 NORRIS, MELISSA & TROY 57.45 84.56 858 HANDEL ST E 98 9.09.0632.3 NOWASKI, CRAIG 8~ JUDY 99.72 166.14 670 ASHBY DR W 99 16.32.1594.2 ON, PHONG 93.35 162.43 934 CREEKBURY ST W 100 16.31.3496.7 OZMON, SARA & JOHN 52.27 111.82 1905 11TH AVE NW 101 9.09.0060.3 PAGE, RENEE JEAN 85.37 119.66 464 ANTON DR W 102 17.07.0211.2 PAPE, MATT 74.65 132.88 3096 TIMBERFALLS WAY N 103 7.40.0146.2 PARR, SUSAN 62.81 106.21 3535 SUMMERPARK AVE N 104 8.30.1305.2 PAVANE, MAYA 76.42 99.50 1166 LEIGH FIELD DR E 105 18.42.1162.3 PEDERSEN, JENNIFER 85.58 130.16 2076 DIXIE AVE N 106 14.14.3580.2 PENDLETON, WES & PAULA 59.89 160.94 2824 SAGEFIRE AVE N 107 3.18.1617.2 PENNINGTON, JARA 146.27 169.35 2628 DITCH CREEK DR W 108 15.22.1500.2 PETERS, KEITH 69.74 131.79 1718 SANDALWOOD DR W CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 8 ° Standard Payment Customers Dec 12, 2006 05:38pm Current Period: 12/20/2006 -Transactions Included Through: 12/20/2006 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address 109 15.21.3014.2 PETERSON, MANDI 2931 HEARTH AVE N Past Due Balance 125.59 229.98 110 6.06.1510.2 PETERSON, RANDY & DIANE 76.31 125.80 5380 CHOPIN PL N 111 15.21.0508.2 PITCHER, CHRISTA ~ MIKE 97.04 187.44 2858 QUARRYSTONE WAY N PITCHER (RENTER) NO LONGER ABLE TO MAKE ARRANGEMENTS. DID NOT KEEP THE ONE MADE ON 7/10/06 TO PAY 7/14/06. 112 17.34.1940.2. PRESLEY, ALLISON 69.09 109.24 723 WILLOWBROOK DR E 113 18.41.0811.1 PROLINE HOMES 86.69 106.04 2567 DEVLIN AVE N 114 17.85.0415.2 RAMOS, RENEE 104.94 104.94 2733 ALDGATE WAY N 115 17.85.0510.2 RAMOS, RENEE 341.74 341.74 2710 ALDGATE WAY N 116 18.42.1988.3 RANSOM, JON 100.36 178.97 2219 MEADOWROSE PL N 117 10.10.0078.1 ROBERSON, JACK 59.71 97.45 3073 PUDU ST W 118 17.79.0308.3 ROGERS, BRANDI 57.55 162.28 605 BLUE HERON ST E 119 15.21.2610.3 RYAN, DEBBIE 179.61 246.20 3001 KENDRICK ST W 120 8.81.0806.3 RYBAR, MATHEW 99.22 122.30 3937 TIPTON WAY N 121 7.04.1146.2 SCHROCK, MATTHEW 8~ THERESA 62.45 85.53 1926 TRAIL BLAZER DR E 122 7.40.0280.2 SCHUSTER, FORREST 8~ DEBBIE 62.38 151.35 1657 SUMMERRIDGE DR E 123 9.92.1303.2 SEIPP, BRADLEY 8 TRACY 52.23 75.31 4653 ZACHARY WAY N ° CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 9 Standard Payment Customers Dec 12, 2006 05:38pm Current Period: 12/20/2006 -Transactions Included Through: 12/20/2006 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 124 15.21.3286.2 SHARP, EILEEN $ PERRY 68.76 94.54 3120 PEBBLESTONE ST W 125 14.20.0094.2 SHEA, JOE & SUZANNE 75.66 140.32 1962 PEARTREE AVE N 126 17.34.0841.6 SHRAUGER, BRENDA 52.51 110.10 830 BLUE HERON ST E 127 15.21.2836.2 SINGLETON, RODNEY 78.43 167.40 2777 STALLION ST W 128 15.21.1734.5 SMITH, BRENTLEY ~ SARAH 58.77 110.12 2053 KRISTEN WAY 129 18.42.2068.2 SMITH, NATE 91.40 128.83 2355 MEADOW WOOD DR E 130 9.92.0128.2 SOLIMENA, ROBERT 8~ TATYANA 65.41 88.49 1301 COBBLEFIELD ST W 131 9.20.0504.2 SOTIRIADIS, IRENE EFFI 548.58 548.58 3723 BUCKSTONE AVE N 132 14.14.3654.2 SPENCER, LISA MARIE 78.40 120.75 4148 CAMPFIRE ST W 133 3.90.0138.1 SPIWAK, LARRY 84.65 137.93 5434 CORTONA WAY N 134 14.14.3618.3 STACEY, CHRIS 65.48 110.58 4103 BEDROCK DR W 135 17.34.3316.1 STADLER, STEPHEN ~ HEATHER 64.12 151.87 3112 SHEEPHORN AVE N 136 18.42.2040.2 STAHL, KARIN 89.86 159.12 2337 CHATEAU DR E 137 16.31.1008.1 STILES, MICHAEL 73.60 126.58 1481 DARRAH DR 138 16.31.3458.3 STRATIS, RHONDA 61.18 84.26 2048 9TH PL NW 139 13.09.0407.2 STUPAK, PAVEL 103.95 127.03 2804 ELISHA AVE N 140 11.20.0204.2 SULLIVAN, TONY 62.14 85.22 3295 GRAND RAPIDS DR W ' Standard Payment Customers Dec 12, 2006~05:38pm Current Period: 12/20/2006 -Transactions Included Through: 12/20/2006 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 141 17.33.2716.3 TARZON, JOHN 69.20 123.64 3050 CAPE COD AVE N 142 8.08.1062.4 THRUPP, BRIAN & RUTH 67.67 128.85 277 MOSKEE ST E 143 18.42.2344.3 TUCKER, JOHN 58.74 90.18 2260 LOCHNESS WAY N 144 17.79.0207.2 TURCOTTE, TINAE 74.36 123.61 756 BLUE HERON ST E 145 3.92.0403.2 TURLEY, GRANT 77.05 100.13 2956 LOST RAPIDS DR W 146 17.79.0113.2 TURNER, RAYMOND & ANGELA NOA 64.07 102.86 610 BLUE HERON ST E 147 9.92.0421.2 TWIN CREEKS CONSTRUCTION 84.26 107.34 4670 ZACHARY WAY N 148 9.92.0422.1 TWIN CREEKS CONSTRUCTION 61.18 84.26 4676 ZACHARY WAY N 149 8.15.0106.2 VELDHOUSE, NICHOLAS 78.40 122.85 712 KAIBAB TRAIL DR E 150 8.08.1318.3 WALKER, JAMIE 62.70 91.78 3573 WESTON WAY N 151 15.22.1734.1 WALTERS, J. SCOTT 51.29 116.81 2128 PEBBLESTONE ST W 152 8.08.0001.1 WANDA'S MEADOWS CORP HOA 180.26 213.39 SPK - WANDAS MEADOWS 153 15.21.2240.1 WARD, MIKE 70.01 151.67 3020 KANDICE ST W 154 9.90.1309.2 WASHBURN, PEGGY 59.71 103.88 900 YOSEMITE DR W 155 16.21.0202.1 WESTMINSTER HOMES 50.19 77.30 2794 RIDGE HAVEN WAY N 156 7.48.1217.2 WHEELER, MARK ~ KELLY 95.03 156.82 2526 OMERA ST E 157 12.40.0231.2 WHITAKER, ROBIN 61.96 129.00 3498 ELMSTONE PL N CITY OF MERIDIAN Shutoff Account List CITY COUNCIL ~ Page: 11 Standard Payment Customers Dec 12, 2006 05:39pm Current Period: 12/20/2006 -Transactions Included Through: 12/20/2006 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 158 16.31.3636.2 WHITE, BOB & DEBBRA 151.63 174.71 2005 BLOSSOM PL 159 15.21.1868.3 WHITE, RITA 68.36 129.30 2638 REBECCA WAY 160 17.34.2828.2 WHITEHEAD, CHAD 54.59 109.95 1296 SHARPTAIL ST E 161 16.32.0648.3 WILHITE, ANDREW $ MELISSA 103.38 178.88 521 LONGFORD DR NO ARRANGEMENTS ALLOWEDIII CUSTOMER BROKE PREVIOUS ARRANGEMENTS. 162 15.21.3112.2 WISE, BERTRAN & JUDITH 87.92 146.28 3024 RAVENHURST ST W 163 18.42.2478.3 WRIGHT, MICHAEL 71.00 121.26 2479 SEQUOIA AVE N 164 17.33.2382.6 YAMAMOTO, KRISTINE 67.48 102.37 635 HAW K ST E NO ARRANGEMENTS 165 14.19.6678.3 YUEN-WEN, TING-HEANNE $ WANG 77.33 123.30 3168 VALAM AVE N 166 17.34.2114.3 ZENKIC, ESAD 1842 TEARE AVE N Grand Totals: 166 Customers Listed 136.52 163.80 14,427.27 23,206.87 Report Criteria: Terminated customers not included Customer.Cust No () _ {<}880000001 Customer.Bill Cycle = 2 Customer.disconnected = No Customer.shut off list = No