Loading...
HomeMy WebLinkAbout2006-12-05i CVCITY OF T 6Yllr�lG�l7,, IDAHO c� �q � Tre�nsuiae V NAV t�± 0 4TH REVISION 12-04-06 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, December 5, 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 X Joe Borton _ Charlie Rountree X Keith Bird X _ Mayor Tammy de Weerd 2. Pledge of Allegiance: leaAd id F fA4,k&W 3. Community Invocation by Pastor Chris Short with Cherry Lane Christian Church : 4. Adoption of the Agenda: vv/v�i wc1 5. Consent Agenda: A. Approve Minutes of October 24, 2006 Pre -Council Meeting: B. Approve Approve Minutes of November 8, 2006 City Council Special Meeting: a7/y,-7Pv-c_ C. Findings of Fact and Conclusions of Law for Approval: AZ 06- 048 Request for Annexation and Zoning of 32.75 acres from RUT to a C -G zone (8.74 acres) and I -L zone (24.01 acres) for Creamline Park Subdivision by Creamline Associates, LLC - 1200 West Franklin Road: "WIN-4,wc. D. Findings of Fact and Conclusions of Law for Approval: PP 06- 050 Request for Preliminary Plat approval of 6 industrial lots on 24.01 acres in a proposed I -L zone and 4 commercial lots on 8.74 Meridian City Council Meeting Agenda — December 5, 2006 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 0 4TH REVISION 12-04-06 acres in a proposed C -G zone for Creamline Park Subdivision by Creamline Associates, LLC —1200 West Franklin Road: E. Water Main Easement Agreement for Centrepointe Subdivision PI Connection by Blue Marlin Investments, LLC: F. SHP 06-010 Request for a Short Plat to Create 2 Commercial building lots on 2.61 acres in a C -G zone for Halker Subdivision by Hawkins Companies — 3150 West Cherry Lane: a7T?~-- G. Approve Bid for Water and Sewer Improvements in Conjunction with ACHD Overland. Linder to Meridian Road Project: a„mac. .,er -Ir6 <8j 64'71, g -o H. Contract with Owyhee Construction for Broadway Avenue Water and Sewer Improvements for $817,576,.50: eo�..7S11 K,c d -/V Aer. I. Approve Contract for Jericho PRV Installation with Star Construction for $79,919.00: J. Approve Memorandum of Understandina with Meridian Rural Fire Protection District for Modification of the Method used to determine the Contract Service Fee and the Capital Outlay Expenditure for 2006/2007 Fiscal Year: a7,P + v-,-- K. Invoices for New City Hall Project for - ® Ideal Demolition Services Invoice No. 0601238 for $219,408.20: Petra, Inc. Application No. 001 CM Fee $57,400 Petra, Inc. Application No. 001 CM Reimbursable $7,001.67 -- Anvil Fence Company Invoice No. 15289 for $999.60 6. Department Reports: A. Planning Department 1. Blueprint for Good Growth Update: oCi Sc�.r-t"e� B. Fire Department 1. Discussion of Proposed Ada County EMS Ordinance: wo c,<_ 010RO,4-1 op)%d 7. Items Moved from Consent Agenda. Ar�v eov"c. V -V Je- Z4A�-eL Meridian City Council Meeting Agenda — December 5, 2006 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 0 4TH REVISION 12-04-06 8. Tabled from November 21, 2006: FP 06-048 Request for Final Plat approval for 50 residential building lots, 32 commercial building lots, 1 City park lot, 21 common lots on 62.01 acres in R-15 and C -G zones for Gramercv Subdivision No. 1 (fka Kenai Subdivision) by Kenai Partners, LLC — East Overland Road and west of Eagle Road: 07,,,',x, -C-, 9. FP 06-049 Request for Final Plat approval for 29 single-family residential building lots and 4 common lots on 9.88 acres in an R-4 zone for Silversprinas Subdivision by Reed Kofoed — 905 & 805 East McMillan Road: o7 ynv -r, 10. Public Hearing: MI 06-009 Request for Modification of the existing Development Agreement to remove the requirement for Conditional Use Permit approval of Lot 3, Block 1 of Resolution Park Subdivision for Resolution Park Medical Office by Phil Burk — 1828 South Millenium Way: &1e,/9a,,t b/i4- wry n.•vc(i �f'�-r 11. Public Hearing: AZ 06-038 Request for Annexation and Zoning of 5.53 acres from RUT to an R-8 zone for Nursery Subdivision by Gary Fors — 570 South Linder Road:V,r,,r ,OoplFf 12. Public Hearing: PP 06-036 Request for Preliminary Plat approval of 25 residential lots and 3 common lots on 5.53 acres in a proposed R-8 zone for Nursery Subdivision by Gary Fors — 570 South Linder Road: 13. Executive Session per Idaho State Code 67-2345(1)(a) — (to consider hiring a public officer, employee, staff member or individual agent, not to include. This paragraph does not apply to filling a vacancy in an elective office) (f) — (to consider and advise its legal representatives in pending litigation) & 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 5, 2006 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Date/Time 12-01-2006 Local ID 1 2088884218 Local ID 2 Total Paces Scanned: 3 I 14W Broadcast Report 06:14:36 p.m. Transmit Header Text City of Meridian Idaho Local Name 1 Line 1 Loral Name 2 Line 2 This document: Failed (reduced sample and details below) Document size: 8.5"x11" 111('mc. Post fitk is r c1 Nc --Tiaa-P'1G + 31111 REVISION 12-01-06 MN I CITY COUNCIL REGULAR P77�jLT11 MEETING AGENDA roVuro { City Council Chamber$ 33 East Idaho Avenue, Meridian, Idaho Tuesday, December 5, 2008 at 7:00 p.m. `Although ft City ofMeridlan no lot4W requires sworn testlmaey, all presentations before the Mayor and City Council ars expected to be truthful and honest to best of the abX& of Me presentar:" 1. Roll -call Attendance: Shaun Wardle Joe Borton Charrliee Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Chris Short with Cherry Lane Christian Church 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of October 24, 2006 Pre-Councii Meetlng: IL Approve Minutes of November a, 2008 City Council Special Meeting: C. Findings of Fact and Conclusions of Law for Approval: AZ 06- 048 Requast for Annexation and Zoning of 32.75 arras from RtiT to a C -G zone (8.74 acres) and i -L zone (24.01 acres) for Creamiino PM Subdlvhdon by Crsamflne Amclates, LLC — 1200 West Franklin Read: D. Findings of Fact and Conclusions of Law for Approval: PP 08- 050 Request for Preilminary Plat approval of 6 Industrial lots on 24.01 acres in a proposed I -L zone and 4 commercial kNs on 8.74 MWWIM Au noap� star ®s mos a as Anyone dO*ft 8MMMod ard tWbMS da�nren� ffi ai�xua�t eMa+�M��, r+e eax>f+s c�eoks at eee-sa3s at c as rw,us prb.o, are puc taee�ng. Tntal Panac ('nnfirma,l • AF; No. Job Remote Station Start Time Duration Pages Line Mode Job Type Results 001 332 3810160 05:48:42 p.m. 12-01-2006 00:00:00 013 1 G3 HS FA 002 332 8989551 05:48:42 p.m. 12-01-2006 00:00:44 3/3 1 EC HS CP21600 003 332 8848723 05:48:42 p.m. 12-01-2006 00:01:10 3/3 1 EC HS CP14400 004 1332 18886854 05:48:42 p.m. 12-01-2006 00:00:37 3/3 1 EC HS CP28800 005 332 8985501 05:48:42 p.m. 12-01-2006 00:01:10 3/3 1 EC HS j CP14400 006 332 18467366 05:48:42 p.m. 12-01-2006 00:00:36 3/3 1 EC HS ICP28800 007 332 18950390 05:48:42 p.m. 12-01-2006 00:00:36 313 1 EC HS CP336M pas i- po�(k�lur_ Nft\cc, -T�(.Glc'., REVISION 12-01-06 06 CITY OF erl�t�-n IDAHO s � Fc q Tr+ensuaE V CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, December 5, 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 Chris Short with Cherry Lane Christian Church 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of October 24, 2006 Pre -Council Meeting: B. Approve Minutes of November 8, 2006 City Council Special Meeting: C. Findings of Fact and Conclusions of Law for Approval: AZ 06- 048 Request for Annexation and Zoning of 32.75 acres from RUT to a C -G zone (8.74 acres) and I -L zone (24.01 acres) for Creamline Park Subdivision by Creamline Associates, LLC — 1200 West Franklin Road: D. Findings of Fact and Conclusions of Law for Approval: PP 06- 050 Request for Preliminary Plat approval of 6 industrial lots on 24.01 acres in a proposed I -L zone and 4 commercial lots on 8.74 Meridian City Council Meeting Agenda — December 5, 2006 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. fRD REVISION 12-01-06 acres in a proposed C -G zone for Creamline Park Subdivision by Creamline Associates, LLC —1200 West Franklin Road: E. Water Main Easement Agreement for Centrepointe Subdivision PI Connection by Blue Marlin Investments, LLC: F. SHP 06-010 Request for a Short Plat to Create 2 Commercial building lots on 2.61 acres in a C -G zone for Halker Subdivision by Hawkins Companies — 3150 West Chevy Lane: G. Approve Bid for Water and Sewer Improvements in Coniunction with ACHD Overland. Linder to Meridian Road Project: H. Water and Sewer Improvements for $817,576.50: I. Approve Contract for Jericho PRV Installation with Star Construction for $79,919.00: J. Approve Memorandum of Understanding with Meridian Rural Fire Protection District for Modification of the Method used to determine the Contract Service Fee and the Capital Outlay Expenditure for 2006/2007 Fiscal Year: 6. Department Reports: A. Planning Department 1. Blueprint for Good Growth Update: B. Fire Department 1. Discussion of Proposed Ada County EMS Ordinance: 7. Items Moved from Consent Agenda: 8. Tabled from November 21, 2006: FP 06-048 Request for Final Plat approval for 50 residential building lots, 32 commercial building lots, 1 City park lot, 21 common lots on 62.01 acres in R-15 and C -G zones for Gramercy Subdivision No. 1 (fka Kenai Subdivision) by Kenai Partners, LLC — East Overland Road and west of Eagle Road: Meridian City Council Meeting Agenda — December 5, 2006 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 '01) REVISION 12-01-06 9. FP 06-049 Request for Final Plat approval for 29 single-family residential building lots and 4 common lots on 9.88 acres in an R-4 zone for Silversurinas Subdivision by Reed Kofoed — 905 & 805 East McMillan Road: 10. Public Hearing: MI 06-009 Request for Modification of the existing Development Agreement to remove the requirement for Conditional Use Permit approval of Lot 3, Block 1 of Resolution Park Subdivision for Resolution Park Medical OfFce by Phil Burk — 1828 South Millenium Way: 11. Public Hearing: AZ 06-038 Request for Annexation and Zoning of 5.53 acres from RUT to an R-8 zone for Nursery Subdivision by Gary Fors — 570 South Linder Road: 12. Public Hearing: PP 06-036 Request for Preliminary Plat approval of 25 residential lots and 3 common lots on 5.53 acres in a proposed R-8 zone for Nursery Subdivision by Gary Fors — 570 South Linder Road: 13. Executive Session per Idaho State Code 67-2345(1)(a) — (to consider hiring a public officer, employee, staff member or individual agent, not to include. This paragraph does not apply to filling a vacancy in an elective office) & (f) — (to consider and advise its legal representatives in pending litigation): Meridian City Council Meeting Agenda — December 5, 2006 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meetina December 5 2006 A meeting of the Meridian City Council was called to order at 7:35 P.M., Tuesday, December 5, 2006, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Shaun Wardle, Keith Bird, Joe Borton, and Charlie Rountree. Others Present: Ted Baird, Will Berg, Anna Canning, Len Grady, Bruce Freckleton, Ron Anderson, Joe Silva, Gene Trakel, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X Shaun Wardle X Charlie Rountree X X Joe Borton X Keith Bird Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and call tonight's meeting to order. We appreciate your patience with us. It is December 5th. It's 7:35. 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. Usually we have youth members to lead us, so tonight I will ask President Wardle to lead us in the pledge. (Pledge of allegiance recited.) De Weerd: Councilman Wardle, I would offer you a City of Meridian pin for leading us tonight, but I know you already have one. Wardle: Thank you, Madam Mayor. Item 3: Community Invocation by Pastor Chris Short with Cherry Lane Christian Church: De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor Chris Short with Cherry Lane Christian Church. If you will all join us in the community invocation or take this as an opportunity for a moment of silence. Short: Please join me in prayer. Father, we just thank you for this evening and we pray for the agenda and the leaders of this Council and the city. Lord, I just pray that you would bless -- bless their speech, discussion, all the items that they have. Lord, I just pray for your hand in the city and just your hand in the community and everything that Meridian City Council December 5, 2006 Page 2 of 30 you do here. I just pray that your Spirit's here tonight and we pray this in Jesus' name, amen. De Weerd: Thank you. Pastor Short, I would like to offer you a City of Meridian pin, since I was spared the expense by Councilman Wardle. Thank you for joining us this evening. Short: Thank you. Item 4: Adoption of the Agenda: De Weerd: Item 4, adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the agenda, the one we are working on, the fourth revision, dated 12/04/06, under -- under the Consent Agenda it has been asked that item number H be continued until December 12th, 2006. And with that change I would move that we accept the fourth revision of the agenda as published. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the agenda as stated. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of October 24, 2006 Pre -Council Meeting: B. Approve Minutes of November 8, 2006 City Council Special Meeting: C. Findings of Fact and Conclusions of Law for Approval: AZ 06- 048 Request for Annexation and Zoning of 32.75 acres from RUT to a C -G zone (8.74 acres) and I -L zone (24.01 acres) for Creamline Park Subdivision by Creamline Associates, LLC — 1200 West Franklin Road: D. Findings of Fact and Conclusions of Law for Approval: PP 06- 050 Request for Preliminary Plat approval of 6 industrial lots on 24.01 acres in a proposed I -L zone and 4 commercial lots on 8.74 Meridian City Council December 5, 2006 Page 3 of 30 acres in a proposed C -G zone for Creamline Park Subdivision by Creamline Associates, LLC —1200 West Franklin Road: E. Water Main Easement Agreement for Centrepointe Subdivision PI Connection by Blue Marlin Investments, LLC: F. SHP 06-010 Request for a Short Plat to Create 2 Commercial building lots on 2.61 acres in a C -G zone for Halker Subdivision by Hawkins Companies — 3150 West Cherry Lane: G. Approve Bid for Water and Sewer Improvements in Conjunction with ACHD Overland, Linder to Meridian Road Project: I. Approve Contract for Jericho PRV Installation with Star Construction for $79,919.00: J. Approve Memorandum of Understandina with Meridian Rural Fire Protection District for Modification of the Method used to determine the Contract Service Fee and the Capital Outlay Expenditure for 2006/2007 Fiscal Year: K. Invoices for New City Hall Project for Ideal Demolition Services Invoice No. 0601238 for $219,408.20: Petra, Inc. Application No. 001 CM Fee $57,400 Petra, Inc. Application No. 001 CM Reimbursable $7,001.67 Anvil Fence Company Invoice No. 15289 for $999.60 De Weerd: Okay. Item No. 5, Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent Agenda, item H, the contract with Owyhee Construction has been asked to be pulled until December 12th, 2006. And with that I move that we approve the rest of the Consent Agenda and for the Mayor to sign and the Clerk to attest on all papers. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the agenda as -- or Consent Agenda as changed. If there is no discussion, Mr. Berg, will you call roll. Meridian City Council December 5, 2006 Page 4 of 30 Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Planning Department 1. Blueprint for Good Growth Update: De Weerd: Okay. Under six, Department Reports. Anna. Canning: Madam Mayor, Members of the Council, I felt it important to give you an update on the Blueprint For Good Growth process and document at this point, because I need some direction. Generally in the past I have been fairly comfortable about where the city leaders would want to take the city with regard to this, so I haven't come to you very often, but I need your help. To give you a little bit of background, the consortium, which is kind of the representation by the elected bodies for Blueprint For Good Growth, has conceptually approved the Blueprint For Good Growth document, the plan as it were, and at that meeting each mayor promised to not annex outside a 20 year area of city impact and this was a very important component of that approval or that -- working together, that not annexing into someone else's territory or what's perceived as their future areas of growth was very important and everyone recognized, though, that you would need a 20 year area of city impact, which we currently don't have. We have about a ten or five year area of city impact. In addition to that, each of the elected officials expressed support for the plan and in moving forward and especially they all agreed that there is a need to fix the way that we do the area of city impact negotiation process. Both the county and each mayor agreed that it was a broken system and needed to be fixed and agreed that that may need to include fixes in the state code as well. So, that kind of ended the first phase of Blueprint For Good Growth and from that phase we move forward into the implementation phase. And, again, this implementation phase has always been my focus, because I want the growth management ordinances, the concurrent ordinances, things like that. So, that's been my focus and what I wanted to get out of this and making sure that the plan as it moved forward accommodated that. Then, about a month ago Dr. Freilich produced two documents, both without -- one with regard to the area of city impact process and one with regard to an i ntergovem mental agreement for the specifics of the implementation phase. And I'd like to talk about the area of city impact negotiation one first. This document was produced without talking to the cities in a special -- you know, getting the cities together, getting the county together or anything, it just showed up. It completely missed the mark. I can't tell you how disappointed I was and I actually just got to about the first half of page and quit reading, because it was so far off the mark. It didn't address a single one of the issues that any of us had raised and, in fact, it asked the city to give up what power it has now. It asked you to give up your ability to annex property, whether or not it's inside an area of city impact, to give that up, to say, no, we will leave it to the county. So, in return for giving that up, all we got was a more bureaucratic Meridian City Council December 5, 2006 Page 5 of 30 process, not less bureaucratic. It didn't fix a single thing. I wasn't alone it's turned out. All the cities got together -- the representative staff from all the cities got together, even including Kuna and Garden City. We got together and we all agreed that this didn't meet our needs at all. We came up with a process, if not specific document, but at least a process by where we felt we could get a document that outlined a negotiation process and we took that to the steering committee. The steering committee for Blueprint For Good Growth, applauded the cities for talking to one another. I think that they were encouraged to see that at least the cities were talking to one another and could come to some consensus, and they said, okay, steering committee, we understand you can't support this Freilich proposal, go forth, meet with the county, come up with a counter proposal and come back to us on December 14th. So, we arranged the meeting, it was held at Ada County, and after about an hour of discussion or nay saying, perhaps, we were, basically, told, no, we are happy with the proposal that Dr. Freilich has and we will not be asking him to change it. I just looked at Patricia Nelson from Boise city and said, okay, I guess we will come up with an alternative. I mean I was dumbfounded. It was just -- it went absolutely nowhere. The cities after that had yet another meeting -- I'll get to that one, because that's a little later, but we did have one more meeting. Let's talk about the intergovernmental agreement for a bit. The intergovernmental agreement does have the scope of -- proposed scope of work for the implementation phase as proposed by Dr. Freilich. We were asked to get that on an agenda for you for adoption by December 15th -- or it's the 14th, actually, and I just at this time felt that there was no way we were going to pass it, so I haven't even asked for it to be on your agenda. So, the scope of services is not very specific as to the work products. Its not really clear as to whether we are getting model ordinances versus something we can readily adopt. A lot of them I think were geared towards some of the cities that perhaps need more -- that don't have extensive planning staff, some of the smaller cities that may need those. What -- again, perhaps I erred, but I did not ask the clerk to put it on your agenda for -- to meet the December deadline. So, that's where we are there. So, where we stand now is we had one more meeting between the city staffs and Karen Doherty, who is the Blueprint Coordinator, and we tried to figure out, okay, where are we, where are we going. The first thing that -- as city staff that we all agreed on is that there is no way that the cities and the counties are going to be able to figure out this area of city impact process without some help. We asked Karen to look into some conflict resolution, to look into what kind of fees there would be to have somebody come into town that's familiar with that negotiation process and sit down with the cities and the counties and try and come up with something. That's the first item. The second item is the steering committee at the December 14th meeting will go through the scope of work in detail and figure out what bits and pieces we are really interested in, because I don't -- I don't think at this point most of us want everything that's on there. For instance, since that draft scope first came out the city has -- the City of Meridian has hired a consultant to do all our fiscal impact fees analysis, to take and modify that work for a concurrency management or facilities ordinance, there wouldn't be that much additional work. So, we have already done a lot of the work toward that end and I think that as a city we could fund that for ourselves and get a lot more out of it than participating to have Blueprint do it for a kind of generic document where we are already two-thirds of the way there. So, that's a kind of very concrete example of the kinds of discussions we will Meridian City Council December 5, 2006 Page 6 of 30 be having at the steering committee. The third thing that we as city staff agreed on is that Karen Doherty's assistance and the service she has provided throughout the Blueprint process has been very useful and we encouraged her to come up with a second contract for this implementation phase separate from Dr. Freilich's or whomever we may select to go forward with the implementation phase. So, we did encourage her to do that. So, the questions I have for City Council are these: One. Are you in favor of the city participating in a conflict resolution process regarding the area of city impact, understanding that you don't have a price yet, but is that a direction you're willing to go. The second one is do you wish to continue the contract with Dr. Freilich. At this point I would not recommend that. I just don't see that he's been able to listen to us and respond to our needs at all. Three. Do you support continuing the contract for Karen Doherty. And I suppose -- if the answer to all of those three questions is no, then, I suppose the fourth question is do you want to pull out of Blueprint at this point or stay in, so -- that's not on my list, I just thought of that a moment ago, but -- those are my questions for Council. Rountree: Madam Mayor? De Weerd: Yes. Rountree: I have a question for Anna. Anna, you talked about the conflict between the cities and the county. Where did ACHD fit in this? Because they were a major mover in all of this at the beginning and a major funding of this. Did they just kind of fall to the wayside or what? Canning: They are still very actively involved. We did have an ACHD representative at this last meeting we had with Karen Doherty. He was, perhaps, too new to chime in much and, therefore, didn't. But I think they are interested in Blueprint moving forward and they are interested in some of the implementation aspects, especially as they relate to roadway funding, which is a big part of it. De Weerd: Council, I guess Dr. Freilich has thrown a lot of people for a loop in his most recent shenanigans, but I don't -- I don't think that means that Blueprint is something we should pull out of. I think we were in it for all the right reasons. I do believe that it had come to a point where many on the coalition with -- were starting to question if Freilich was the one to take us to the next phase and if we could utilize more local talent and that, too, would answer some of the funding deficits as well. It would pacify and smooth over some of the ruffled feathers and -- and I believe it is the opinion that we can take this with the talent that we have and find the concurrency plans that many of us had hoped to walk away with and find implementation and I do know that those from the steering committee that are not on the coalition would like to see this continue and continue through implementation. So, I don't want it to seem like we are at such an impasse that this is time wasted and it's totally no longer something that's of value, because it is. Wardle: Madam Mayor? Meridian City Council December 5, 2006 Page 7 of 30 De Weerd: Mr. Wardle. Wardle: I guess my comments in response to that, you know, certainly the City of Meridian was in this process for all the right reasons. I think the Council and -- when we heard a request for matching funds and to make up some additional shortfalls, really said if everyone else is in the process, then, we would support it. It does not sound like everyone is in the process. My personal opinion is that we need to rework what the expectations and outcomes of this are going to be and it sounds like we have in the process itself a split in the players. There are certain entities that no longer wish to go down a common road, but we do have, apparently, a coalition of cities that would like to get out of this process what I think we were led to believe would be the result. And so I certainly support that collaboration. I'm a little more skeptical about the ultimate makeup of what is now becoming -- or now has become Blueprint For Good Growth. So, Anna, could you give me a little more insight to that? Canning: Yes. And let me back up on what you perceived as a fracturing at this point. I'm not sure there is. Eagle is making noises one way or the other, but I think if we can move forward with this negotiated dispute resolution and fold that into an area of city impact some changes at the state level, as well as the local level, I think they would stay in. Karen Doherty actually spoke to Jerry Armstrong with Ada County Development Services and he's in support of a negotiated agreement. So, they haven't wanted to pull out of it, I think that we all just realized we can't get there ourselves, but they are still interested in getting that. So, that's part of what you asked -- and you look like you want to say something, so I'll save the rest of what I was going to say until you ask. Wardle: Madam Mayor. One of the questions I had, Anna, when you look at a negotiated area of impact agreement as you're talking about, the one real question for me would be what's the validity down the road? We have got a county interpretation of a state statute and we are kind of wrestling with that idea. Is there going to be a push for change in legislation to clarify that? Canning: Yes, sir. The area -- the Association of Idaho Cities is already working on that and Mayor Merrill is part of that group. What we had as -- the meeting we had, we - - what we felt was important was to move forward with a revamped process, keeping that area -- that state amendment in mind and adding comments to that state amendment. De Weerd: Well -- and I think, too, Councilman Wardle, it's similar to some of the discussions we have had with the Eagle City Council and that if you draw a line for your area of impact, that your Comprehensive Plan considers that, your service -- long and short-term planning considers that and that there would be agreements that you don't annex outside your area of impact into someone else's or that would compromise that planning and those facility plans that is associated with it. And, certainly, the state code would allow it. It's more that memorandum of understanding that Eagle asked is if we Meridian City Council December 5, 2006 Page 8 of 30 come to an agreement are we going to stick with it. And that's -- that's the looming question out there. And I think that's the one that's being struggled to answer. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I guess to answer Anna's question do we enter into conflict resolution with the county with respect to impact areas -- only if the county is supportive of that and I don't view Jerry Armstrong as speaking for the county. So, I would like to hear that from the commissioners and I'd also like to hear that they are willing to participate in the cost of doing such an activity. With respect to Dr. Freilich, no surprises there. It's unfortunate. I think a lot of people's hopes were high and I think they probably still have some enthusiasm for the concept of what was trying to be accomplished with Blueprint For Good Growth. I think all the players that formed that LLC need to take a step back and do some soul searching, including Meridian, but I think all the players in that little corporation -- and commit to come forth and be honest and what is it that they want and what is it that they can't give up. Because that's always undermined all the activities with that group. I mean I read in the last day or two that -- and it was in the paper, so I - - it's some suspicion there, but Eagle's talking about, well, what happens if we pull out of ACHD. Well, that's a silly question, but there are those things coming back again. So, to me, everybody needs to take a step back and say what do I want out of this thing and if we all can't agree what we want and what we are willing to give up, then, it's fruitless to move forward. And as far as retaining Karen, I would suggest if we want to move forward with some of the activities with new players, that we reform the scope of work to the agreement of all the players and ask for a statement of qualifications or do an RFP for a new player. And nothing against Karen, but I think it's new, it's -- I think the second phase of Blueprint For Good Growth, if I'm not mistaken, was something on the order of 400 or 800 thousand dollars. It's too much money, it's, you know, too quick a decision and, to me, the players aren't being honest with one another. So, that's my three recommendations and I've not been in the thick of it as I had been in the past, but De Weerd: Not much has changed since you have. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I would echo Councilman Rountree's thoughts on the deal and until the players will be honest with each other -- and I'm including the Mayor and City Council of Meridian, Idaho, too -- this isn't going to work. I think it's been a -- I think it's -- they have had some good points, but I also think it's been a waste of money. I think if you want to continue on you do like Councilman Rountree said, we get out an RFP and get the most qualified people. But before I would ever put any money -- vote to put any money towards that, I want some true feelings and I also want to know what the Meridian City Council December 5, 2006 Page 9 of 30 commissioners of Ada County -- not what their planning director thinks, what they think, how much they want to participate. We know that ACHD was originally a big time player in this. Are they still participants after having problems? Anna, no, no, no is my answers to your three questions. Borton: Madam Mayor? De Weerd: Yes. Borton: Just to throw my two bits in and I preface it with all due respect to Karen Doherty and everyone that's worked months and months and years trying to accomplish this project. My answers on this are pretty simple. I kind of foreshadowed my position last time when we were asked for additional funding. I hate few things more than studies that are based on false assumptions and one of the greatest false assumption with Blueprint, from my perspective is everyone's in the same boat and everyone is sacrificing for the common good and I get the impression following this process, not nearly as closely as staff and maybe some of my fellow council members, but that many members within the Treasure Valley are jumping in the same boat and making agreements with their fingers crossed behind their backs. To answer your particular questions. Number one, I'm totally opposed. I think it's a waste of time, in light of what we see of Ada County's position. Conflict resolution process has got to be one of the dumbest suggestions, from my perspective. The parties agree to disagree. People are retaining their own individual interests -- call a spade and spade, you're not going to do anything but spend money on a negotiator to come in and tell everyone to hold hands -- nobody wants to, people aren't really interested in all getting into the same boat. We saw the private businesses which were intended to be participants and have been completely nonexistent. We have got some municipalities -- I don't know a specific list right now that are still waffling about whether or not they are going to make the additional contribution. I know last time I raised my concern that, you know, we would be willing to share with -- when Mayor Merrill was here and asking for additional funding, we would be willing to participate, conditioned upon all the other governmental entities, with or without the private businesses continuing to participate. When you lose that, the whole success of the plan is premised upon the assumption that we are all in it together. So, when you lose that you're throwing good money after bad and I don't mean to insult the people that are working so hard at it, but to the extent we need to be honest and provide clear direction, I can be crystal clear that I don't support it and perhaps it was a mistake and perhaps this Treasure Valley is not ready to sacrifice for the greater good. So, I think, number one, I think the solution is amending the Idaho Code. AIC is doing a good job trying to accomplish that. That's the only way to really fix the area of impact problem. Conflict resolution process would be a waste of money. Question number two. I agree with the recommendation of staff on that record. And question number three, to the extent that this is some cost and we have expended funds already, I don't -- I don't know Karen well enough to give her credit or blame for any of the problems, I doubt she's entitled to the blame. So, I'm not necessarily in favor of canceling it. Perhaps we are going to -- we are going to utilize the funds already provided and expended, but I had a hard time supporting it last time there was a request • o Meridian City Council December 5, 2006 Page 10 of 30 for additional funding, it's going to be near impossible for me to be interested in it going forward, so -- Canning: Madam Mayor? Borton: Go ahead. Canning: Could I clarify a little bit about the funding. What the -- the funding that we committed to, the 30,000, was going towards this implementation phase. We had anticipated that the conflict resolution and Karen's would be part of that overall funding. So, it's not to ask for additional funding. We haven't actually approved the funding. It was just kind of a tentative approval for that 30,000. It wasn't -- it wasn't final until this i ntergovem mental agreement that you have not voted on. So, this isn't asking for additional commitments, this would just be deciding how that money that has been tentatively committed by Ada County, by ACHD, and by the cities, how that would be spent. Borton: Madam Mayor? De Weerd: Yes. Borton: It was my understanding that the 30,000 check had been cut and provided. Canning: No. So, this would just -- that's what all this is about is how to spend that money. And the thought is now that we don't need the 800,000 dollars worth of studies that we can probably trim that way back. But that one thing we do need is a better area of city impact process. But as you say, perhaps the better thing to do is just devote staff time or try and get more input and influence into the Association of Idaho Cities draft that's going forward. That's a possibility. De Weerd: I hate to contradict our planning director, but I do believe that the check was cut and -- because the other cities had committed -- they hadn't actually paid, but they had committed. So -- Canning: Oh, I'm song. But it is about how to spend that money. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: I guess just one of my statements, regardless of our direction; I think we are getting pretty clear here. I think staff time would be well spent looking at AIC's direction and the legislation, because regardless of what really comes out of Blueprint For Good Growth, ten to 20 years from now that legislation to going to impact whatever decisions are made. So, I think that is a key component, regardless of which direction we move here, to get involved in that process. Meridian City Council • December 5, 2006 Page 11 of 30 Canning: So, let me summarize. At this steering committee meeting I will go forth and - - well, I'm a little -- I'll either -- we will talk about what components of the implementation we want. I will say that my Council would desire for that to go out for RFP or the RFQ process with separate contracts for the administrator and that there -- that you may or may not be interested in the conflict -- well, actually, I think I can say that you're not interested in the conflict resolution -- De Weerd: I think you could say that. Canning: -- portion of that and that -- okay. Is that correct? Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: I think I heard Councilman Borton say that was the dumbest idea -- Canning: Yeah. When he said that I was trying to think of -- Rountree: Whose idea was it? Canning: -- whose idea was it and it wasn't mine. It wasn't mine. That's all I remember thinking. Oh, that wasn't mine. Okay. Borton: Madam Mayor? De Weerd: Yes. Borton: Again, with all due respect to whoever said it, I think -- when Councilman Rountree says, you know, we have got to be honest and up front, I think that's honest, that everyone seems hesitant to question or strike down an idea, because we all have this hope and vision that there is going to be a light at the end of the tunnel, but there is -- in my opinion it's a dumb idea. Canning: Thank you very much. This helps me a lot going into that steering committee meeting, because I was at an impasse. I didn't know -- so, thank you. That was it. As if that weren't enough. B. Fire Department 1. Discussion of Proposed Ada County EMS Ordinance: De Weerd: Okay. And now after all the fun on that one, we will ask Chief Anderson to - - to just cant' on that tone. Meridian City Council December 5, 2006 Page 12 of 30 Anderson: Oh, boy, there seems to be a recurring theme here tonight. To follow along that line and conflicts between cities and counties, what I have before you tonight is I have passed out a copy of a draft -- or a draft of a proposed Ordinance that Ada County is presenting relating to emergency medical services and I also have before you tonight a letter that I have prepared that I would like you to ultimately end up signing after discussion that states that you are opposed to this new ordinance and there is -- to give you a little bit of background on it, as you guys are aware, I mean Meridian has been providing emergency medical services for over 30 years now and it started off with a basic QRU and EMTs and we have now evolved into a full ALS, advance life support service -- excuse me -- with paramedics on our fire engines. A little over a year ago when we started down the road putting the paramedics onto the fire engines, we were assured by Ada County EMS that they wanted to work closely with us and that we were going to be partners in the delivery of EMS services and we have been working towards that end and a couple weeks ago I found out about this proposed ordinance and it was kind of the same type of situation as Anna talked about, that there wasn't a lot of advanced warning, there wasn't opportunities for us to sit down at the table to have input into this ordinance or any of those kind of things, but yet we are clearly spelled out here as being a partner in that EMS service and I guess we are just supposed to be the silent partner in that EMS service. But in this ordinance Ada County is -- actually, I think what they are trying to do is eliminate all competition and they want to be the only ambulance service in Ada County. And, in fact, it comes right out and says that, that they would be the only emergency 911 ambulance service, and that is contrary to state law, because state law does provide that cities have the right to decide who their ambulance service is. And so not only are they taking some liberties that are not allowed by state law, but they take this ordinance a few steps further and now they are trying to regulate, I guess, what all the fire departments and the quick response units in the county do as well. So, they are saying that our medical director, who we hired last year and who oversees our paramedics program and whose license we operate under and who authorizes the procedures that our paramedics can do and writes their standing written orders and reviews their charts, he will be subservient to Ada County's medical director in this new ordinance, as well as for us to be able to do standby events in our local community we must go ask Ada County first if we can do that and must have their permission. There are just a number of things in this ordinance that they do not have the authority by state law, but they are somehow going to try to take that authority by county ordinance. It's interesting in their ordinance they talk about that they are responsible and authorized by state code to be in charge of EMS matters in the county, but yet when you read the state code it clearly talks about that when ambulance services are not otherwise provided, the county has the right to establish an ambulance district and that they also have the right to oversee their ambulance districts. It doesn't talk anything about the right to oversee other city's fire departments or quick response units or those types of things. So, it's going to be interesting. This ordinance is scheduled for a hearing on December 12th at 9:00 a.m. in the morning. We understand that they are going to try to pass this ordinance with suspension of the rules and have all the readings that day. So, it appears that this is kind of on greased wheels and is trying to get through before the end of the year. So, we certainly would like to be on record having the Mayor and Council opposed to this ordinance. We will be there at the Meridian City Council December 5, 2006 Page 13 of 30 public hearing, we will testify against the ordinance. We will talk about all the reasons why we think it's a bad ordinance, but I have a feeling that this ordinance is going to be passed in spite of all the opposition. We had a meeting last Monday where we invited the Ada County EMS director to explain to all the fire chiefs in the county the purpose of the ordinance, the contents of the ordinance. There is not a single fire department in Ada County that supports this ordinance. So, I guess I'm coming to you tonight to ask for your support and direction and I would stand for any questions that you might have. De Weerd: Council, questions? I would have a couple of corrections to the letter. Anderson: Okay. De Weerd: But any -- Borton: Madam Mayor? De Weerd: Yes. Borton: A question for legal counsel. Can an ordinance -- if we have got by state statute the right to provide EMS services, can a county -wide ordinance strip us of that right? Baird: Madam Mayor and Councilmember Borton, it's pretty much textbook law that once a city incorporates, the county ordinances have no effect within the city limits. So, you know, your -- you have the right to establish -- the chief hit everything on the head. Everything that we are doing should not be subject to the county's ordinance and I was just sitting here thinking what the alternatives would be to us to address that if the county does pass that ordinance and we probably would have to have a separate discussion about how we would react to that as a city in order to allow us to maintain our autonomy that is afforded us under the state code. So, all I'm saying, really, is just supporting everything the chief said. I think he's on solid legal ground with his analysis. Bill Nary has reviewed it and we are just scratching our heads why the county thinks they have the right to do what they are proposing to do here. De Weerd: And, Council, we did meet on this and -- along with the rural fire district. They are in full support of opposing this and also will consider signing the same letter, maybe a little bit different, but in their opposition to this ordinance as presented. And certainly the manner in which it is moving forward. So, I guess I would appreciate your direction on -- is this some -- is this letter something that you would like to proceed forward with. We did not want to approach it and I will acknowledge Chief Anderson and I think Bill Nary helped with the drafting of it, in approaching in a partnership approach and the due process and collaboratively approaching an ordinance of this sort and looking at maybe the unintended -- or maybe they are intended consequences of it, but that there would be given more time and consideration before they pass such a policy. So, this is more of a proactive way in saying we are interested in being part of Meridian City Council December 5, 2006 Page 14 of 30 the dialogue and hope that they will not be hasty in their approach. So, would like your direction on how to move forward. Yes, Councilman Rountree. Rountree: Madam Mayor, I, too, have a couple of corrections for the letter, but I think it reads well and states pretty much what Ron was saying. I would make a suggestion in terms of testimony. Certainly from the fire chiefs perspective those issues with the ordinance that create a conflict with our delivery of services to our customers is something that would be in your venue, but I would caution you not to speak about statutory and legal analysis and we might also want to take one of our attorneys to testify to that aspect, so you don't get caught up in, well, you're not a lawyer and that's probably a good thing. De Weerd: We have wanted to keep maybe the legal implications out of this and let the -- our legal staff is going to work with White Peterson, who is representing Nampa, and coming together more verbally in that regard to have -- clear up to the hearing time to really bring together their ideas of how to challenge it maybe on -- in that vein. Rountree: That would be even better. De Weerd: Okay. Anderson: Councilman Rountree, our approach is going to be kind of two pronged. We feel like there is a number of legal questions regarding this ordinance and so attorneys from Boise, Kuna, Meridian, Nampa, are all going to address the legal ramifications of this and, then, we would also like to approach this from the political front and, again, if any of you are able to testify on the 12th, we would love to have you there, because you carry a certain amount of clout just because of your position, that sometimes the county commissioners will listen to you when they won't listen to the fire chiefs, so -- De Weerd: Ron, the only thing -- and maybe we can change it while Council is in Executive Session and so we can get signatures. But in the third paragraph, to keep the first sentence and the last sentence, but take the middle out, which raises the legal question. And, then, I just have a couple of hyphens and changes on the second page to -- that I could -- that are just more clean up. Anderson: Okay. De Weerd: So, Council, I guess the bottom line is do you feel comfortable signing this if we clean it up real quick and -- Bird: Bring it forward. Rountree: Yes. Wardle: Madam Mayor? Meridian City Council December 5, 2006 Page 15 of 30 De Weerd: Yes, Mr. Wardle. Wardle: I certainly support -- I support our opposition to the ordinance. I think it's important for us to have the best service for our citizens and I don't understand how this would help us serve our mission and so certainly I'm willing to sign a document and potentially look at my schedule on the 12th and would suggest -- Rountree: It certainly seems odd to me, Madam Mayor, that probably 18 months ago we heard a plea from the county that they needed a tax levy to increase fees so they could operate emergency medical services in the county and now they want to take them over. It doesn't pass the smell test to me. So, something is going on here. Anderson: That's a very good point. It was just about a year and a half ago that they went before the taxpayers and asked them for an increase in their mill levy, said they didn't have enough money to operate, they were going to have to lay people off. That mill levy increase failed and today they are telling us that they have no financial troubles and that they are doing fine and I think part of the -- this ordinance may be part of that strategy of how they are doing fine, we are just going to eliminate the competition. De Weerd: Okay. Well, we will clean it up and bring it to you at the end of the meeting. Ron, do you have this on electronic -- Anderson: I don't have that electronically with me tonight, so I guess maybe what I would ask is that you get the -- a motion to approve the signing and, then, we will collect -- or correct the language tomorrow and, then, send it around to all of you for signature, if that would work. De Weerd: Okay. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I would move that we approve the opposition -- City of Meridian's opposition to Ada County's ordinance and the signing of the letter and our opposition in writing to the county commissioners opposed to this ordinance. Bird: Second. De Weerd: Okay. I have a motion and a second to approve the letter to the Ada County commissioners in opposition of the ordinance in front of you. Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Meridian City Council December 5, 2006 Page 16 of 30 De Weerd: Okay. Thank you. Borton: Madam Mayor? De Weerd: Yes. Borton: Ron, did you say that's 9:00 o'clock on the 12th down at the county commissioners? Anderson: Yes. Borton: Okay. Anderson: If you guys would just make whatever corrections you want to that, just one copy of that letter, and, then, I will collect it from Will and, then, we will make those corrections tomorrow, would that work? Canning: Madam Mayor, Members of the Council, I think those 9:00 o'clock meetings are in their offices up on the third floor. They are not in the hearing room, as I understand it. They didn't used to be. I don't think they are. De Weerd: They are encouraging great participation in having that -- Canning: Well, if there is no one downstairs, they are upstairs. Item 7: Items Moved from Consent Agenda: Item 8: Tabled from November 21, 2006: FP 06-048 Request for Final Plat approval for 50 residential building lots, 32 commercial building lots, 1 City park lot, 21 common lots on 62.01 acres in R-15 and C -G zones for Gramercy Subdivision No. 1 (fka Kenai Subdivision) by Kenai Partners, LLC — East Overland Road and west of Eagle Road: Item 9: FP 06-049 Request for Final Plat approval for 29 single-family residential building lots and 4 common lots on 9.88 acres in an R-4 zone for Silversprings Subdivision by Reed Kofoed — 905 & 805 East McMillan Road: De Weerd: Okay. Well, thank you to our audience out there for bearing with us while we go through city business. Item 8 was tabled from November 21 st and it's FP 06-048. Anna. Canning: Madam Mayor, Members of the Council, there are no outstanding issues regarding the Gramercy Subdivision No. 1 plat and we do have a letter from the applicant stating they are in agreement with the conditions of approval. 40 Meridian City Council December 5, 2006 Page 17 of 30 De Weerd: That's goes with Item 9 -- Canning: Yes. De Weerd: -- final plat as well? Canning: Yes, ma'am. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve FP 06-048 and FP 06-049, final plats. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Items 8 and 9. 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 10: Public Hearing: MI 06-009 Request for Modification of the existing Development Agreement to remove the requirement for Conditional Use Permit approval of Lot 3, Block 1 of Resolution Park Subdivision for Resolution Park Medical Office by Phil Burk — 1828 South Millenium Way: De Weerd: Thank you. Item 10 is Public Hearing MI 06-009. 1 will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Resolution Park Medical Office. It's located about 750 feet south of Overland Road and east of Millennium Way. You see the kind of flag shaped lot on the screen before you. This is a DA modification, development agreement modification. The applicant is proposing to amend the development agreement to remove the obligation for the future use on this site, which is Lot 3, Block 1, from obtaining Conditional Use Permit approval. Some of you will recall that when the property was annexed they did not have a concept plan and, then, therefore, every use was subject to conditional use approval. This, I believe, is actually the last vacant lot in the subdivision. So, this would -- if approved, this would be the fourth amendment to that development agreement modification. Some of those amendments have been to remove this conditional use requirement. The applicant has Meridian City Council December 5, 2006 Page 18 of 30 provided a conceptual plan and we also have building elevations. So, these are the building elevations. North would be facing Overland. The east elevation faces the back side of another structure, so you really wouldn't see that east elevation much. The south elevation would face the high school. And the west elevation faces Millennium Way and some other office buildings. This is the site layout. Just a moment, I need to get my laser pointer out. I forgot it. De Weerd: I can point for you. Canning: I got it. There are a number of access points or cross -access easements already in place. One being here to the east. You have this aisle to the west. And you will note it looks a little confusing up there. That's because they are shifting the shared access point. Currently it's right here. They are going to shift it to this flag portion of this lot and we do have agreements from the surrounding property owners. Those details will be worked out as part of their certificate of zoning compliance, but they are, basically, shifting this entrance aisle to this location, so that it comes directly into this site and, then, you have cross -access and cross -parking agreements between these properties as well. We also have a cross -access, cross -parking here on the east and, then, one up on the north. Now, we did note that they had not connected to the one to the north. As you can already tell, there is -- it's planned for and accommodated and there is a trash canister there, so that is the site plan. So, staff has proposed some alternate language for that development agreement and you will see that it, basically, states that with further restriction that all uses and development of the subject real property shall be governed under the Conditional Use Permit process as a planned development and the new language, excepting Lot 3, Block 1, all uses and buildings on Lot 3, Block 1, shall be governed under the city's Unified Development Code and shall be subject to administrative design review as set forth in UDC 11-3-8-19, C-1 and 2. And we did -- you will notice that C-1 and 2 are in bold and double underlined. That's not how your staff report reads at this time, but we felt it important not to -- to exempt them from some of the parking and site design requirements, because this is already worked out. I didn't want to put limitations on how many parking spaces could be in the front, just because it's such a tight aisle. But I would -- if the Council wishes to approve this development agreement modification, I would also ask you to note that the applicant does need to connect to that cross -access to the north, that we will be looking for that at certificate of zoning compliance. And with that I will answer any questions. De Weerd: Council, do you have any questions? Bird: Not at this time. Rountree: I have none. De Weerd: Okay. Do I have a motion? Bird: This is a Public Hearing. Meridian City Council December 5, 2006 Page 19 of 30 Rountree: It's a Public Hearing. De Weerd: Oh. Sony. I tried to get you out early tonight. Morris: Hi. Good evening. I'm Lisa Morris with Cole and Poe Architects and I represent the owner in this case. De Weerd: If you will also give your address, please. Morris: With the firm -- De Weerd: Yes. Morris: 519 West Front Street in Boise. 83702. De Weerd: Thank you. Moms: As the planning director mentioned, staff has recommended approval for the development agreement modification, based on a number of reasons, and just to simplify some of the reasons to support development agreement modification in this case, the original project as it was originally proposed in -- as Resolution Plaza, it was a large 47 acre project. It's been almost entirely built out and this is one very small 1.2 acre parcel out of that whole 47 acre parcel that's just a one last little piece in the whole puzzle, particularly in this area. One last vacant lot. Most of the neighboring parcels have been built out. This is also an interior or flag lot, as you can see, so we have neighbors all the way around us and it backs up to the school along the south. development agreement modification has been approved prior for neighboring parcels. Just the parcel to the east, I believe six parcels there, development agreement modification was approved for them. So, it seemed to be right in line with what was happening in this particular area to remove the requirement for the conditional use and just to go right in line with what is currently consistent with existing zoning that is overlaid in this area. So, what we put together was consistent with existing L -O zone and consistent with the city's unified development code. We weren't proposing to do anything alternate to the zoning code. And so that's what was proposed originally, was completely consistent with that. What the staff proposed was to support and we had already put forth a CZC application, which is in for review currently, actually, but in the staff report they did recommend that we submit a design review and the owner would prefer at this point in time that we can proceed with our application without going to the design review process, if that's possible. And the reasons to proceed without design review would be because under normal circumstances the project would not be required under the unified code to go through the design review process, because we are under 10,000 square feet, which is the cap, is my understanding, which would trigger us under normal circumstances to go through design review. So, it seems like a bit excessive, but if staff does feel that is absolutely necessary for us to go through that process, we understand that it's only an additional 100 dollars and it will only add, it's our understanding, a few additional days and so if it is absolutely necessary, the owner will Meridian City Council December 5, 2006 Page 20 of 30 go through that process in order to just get moving forward. So, that was our only issue that we had this evening. And, then, it was brought up by the planning director with regard to that access -- through access and I just wanted to bring forward that the adjacent land owners have made it very clear that they have an issue with that cross - access. So, I'm not sure what to do about that at this point in time, if that's a recommendation that we have to do that, then, something will have to be done with our neighbors. De Weerd: And which one is that? Bird: The north one. Morris: That is the -- there is -- there is an existing curb cut along the north right through there and they have made it very clear that they -- they have chained across there and they have made it very clear that they don't want that to be used and so that's why the site was developed and designed without that particular drive aisle. De Weerd: Now, I guess, Anna, that would have allowed cross -access out onto Gala, is that -- Morris: Yes. That's correct. Canning: Yes, I -- yes. De Weerd: And Millennium Way is sometimes very clogged up, so I guess I -- I think I remember when that application to the north came in, why we stubbed that out. Canning: Yes. We -- Madam Mayor, Members of the Council, we were very adamant and some of those owners were opposed to the stubs that -- and cross -access agreements that were conditions of approval, but we do -- I would imagine we have a cross -access easement in place for that property and that's why it's shown as being stubbed out. We also -- the property owner to the east was not very happy about -- or to the west was not very happy about having to provide that access either, but the Council has insisted on a number of cross -accesses between these -- particularly in through here with these unusual shaped lots. De Weerd: Otherwise, you would have been totally landlocked. Yes, Councilman Wardle. Wardle: Madam Mayor. Anna, where does this access lead to? Canning: It goes through -- sorry, I'm having problems with this one. It's about right there and it comes up and it goes up basically like that. Bird: Madam Mayor? Meridian City Council M December 5, 2006 Page 21 of 30 De Weerd: Yes, Mr. Bird. Bird: Anna, you're saying that the development agreement with that property there to the north, probably we required an access to the south for them? Canning: I suspect we did. As I recall, that was a three lot subdivision and I believe that that cross -access easement was required at the time of that subdivision. Bird: Because I think that's important for this project, because if they don't -- if we didn't require one, then, I don't know how we can require these people to have one to the north. But if they do to the south, then, I think we need to have one to the north. But we need to know -- we need to know now what the development agreement was on that property. Now, if they didn't have a cross -access there -- and I'm -- I, for one, am not going to require these people to have one to the north. If they do have one, then, these people can have one to the north. Canning; Madam Mayor, Councilmember Bird, I can't tell you with certainty right now, but I am -- let's say 80 percent sure that we got cross -access agreements with that preliminary plat, but a hundred percent certainty I cannot give you. Bird: But -- excuse me, Madam Mayor. De Weerd: Yes. Bird: But, Anna, do you see where I'm coming from? Canning: Oh, I understand, I'm just -- Bird: How can I say you have got to have north cross -access when the one to the south I don't know for sure has one. And I mean that's not fair to these people to hang them out when we don't know for sure. I'm sure you're probably right, but I'm not positive. Canning: Madam Mayor, Councilmember Bird, I was not trying to contradict you, I just meant you will have to continue the item until I can do the research. That's all I meant. Sony. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I guess to Councilman Bird's comments, I see in the way that there is -- there is that access to the east and north I guess, that gets you onto -- I can't read that. Gala. Gets you onto Gala and if the property to the north it sounds like would be tickled to not have to provide the cross -access down to the south, I don't have a problem not requiring it to the north. 0 Meridian City Council December 5, 2006 Page 22 of 30 Bird: I don't disagree with that. Borton: The problem to the south is probably -- it sounds like the applicant is -- Moms: And the current property owners are fine with the current layout as it stands. Borton: Okay. Yeah. I wouldn't necessarily need a delay to -- a delay on that issue. Bird: Madam Mayor. And I agree with Councilman Borton. I don't need an access there. But, in the same token, if we have one to the south, we don't want to get something like we got out on Locust Grove there where we didn't -- where we had an access -- we required an access, but we didn't have one. So, I have no problem not having one. I feel we have got two exits, we get to Gala through the east exit, we get out to Millennium on the west exit, I see no reason to have other cross -access, but staff evidently felt that there was a need. Canning: Madam Mayor, Members of the Council, it's always easier for the trash to get -- folks to get around, it's easier for the fire department folks to get around if we have the cross -access between the parcels. If Council is -- wants to make a motion tonight, but is uncomfortable with the fact that we don't know exactly about the property to the north, you could condition on if there is a cross -access agreement, then, they need to connect to it. De Weerd: I guess, Anna, when you have this cross -access and, then, this, why would you need a third? You know, I guess I didn't see the -- this one and that would get them out onto Gala as well. So, that's a lot of connections for one site. Morris: And may I add also that they are adding this one. This one currently does not exist. So, this would be a brand new one here. Bird: It goes out to Millennium. Moms: Which, actually, gives better circulation through this area and, then, back towards the trash enclosure, which we thought was better also. Canning: Madam Mayor, I -- you know, again, I'm pretty sure it was a requirement for the property to the north and there may be some questions about fairness if we don't require it to the property to the south. Even though they are complaining, it's just what we have done through here is required a cross -access and require those folks to connect. With regard to the design review, when staff wrote the staff report we did not have the elevations. I am fairly confident -- we haven't evaluated the certificate of zoning compliance, but I anticipate that given the elevations we have seen that they will meet the design review qualifications and that may not be necessary. If it's important to Council to remove that, then, that's certainly understandable. So, I'm not too worried about it one way or the other. 6 0 Meridian City Council December 5, 2006 Page 23 of 30 De Weerd: So, Anna, if that's a requirement to the property to the north, can you eliminate the one to the east? Is there a reason for the one to the east? I guess it's just so many different cross -accesses on one lot that they would have four different places. Is there a reason that they have to have that many? Canning: Madam Mayor -- and Mr. Rountree can help me out. The idea is similar to streets. If you have more opportunities for ways for people to go, it's less likely to have -- put all the burden on one lot. My fear would be that if you don't provide other cross - access opportunities to this, this may be the one and only desired cut through to Gala -- or to -- is that correct? Gala? Yes. From Millennium to Gala to get by that cut through. So, having other ways of getting there helps. De Weerd: Okay. Canning: We discussed the cross -access issues associated with this property when the property to the west developed, because it was evident when this building went in that this property would become primarily a drive access aisle to the benefit of this property. But the -- you know, the owners at the time and the developer understood that all of these -- it was originally just three parcels, but that all of these three parcels were really tied together and, then, the parcel to the north further split into three. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Anna, you don't have no heartburn with three accesses if we don't have a north one, do you? Canning: Can I refuse to answer that question based on the fact that it may incriminate me? De Weerd: We will just mark it down for a rhetorical question. Bird: I was going to offer you -- anyway. I don't feel we need another one. De Weerd: Okay. Council, anymore questions for the applicant? Rountree: I have none. De Weerd: Okay. Thank you. Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Seeing none, Anna, do you have any further issues for the Council? Canning: No. De Weerd: Council, anything further? Meridian City Council December 5, 2006 Page 24 of 30 Bird: I have none, Mayor. Rountree: Nothing. De Weerd: Okay. Applicant, any further comments? If you don't have further comment, you just don't come up here. But if you do you have to come up here. Okay. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Hearing no further information needed, I move that we close the Public Hearing on Item 10. Borton: Second. De Weerd: Okay. Motion and second to close Item 10's Public Hearing. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES De Weerd: Any discussion? If not, I would entertain a motion. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: I'll attempt a motion here. If staff needs to help me be more clear, they certainly can. I move that we approve Item 10, MI 06-009, Resolution Park Medical Office, to include comments by staff and applicant, specifically comments by staff and the removal of the design review criteria from the application, in addition to remove the requirement for cross -access agreement and cross -access construction to the property immediately north of this parcel. Borton: Second. De Weerd: Okay. I have a motion and a second to approve this item with comments. Any discussion? Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. 0 0 Meridian City Council December 5, 2006 Page 25 of 30 Item 11: Public Hearing: AZ 06-038 Request for Annexation and Zoning of 5.53 acres from RUT to an R-8 zone for Nursery Subdivision by Gary Fors — 570 South Linder Road: Item 12: Public Hearing: PP 06-036 Request for Preliminary Plat approval of 25 residential lots and 3 common lots on 5.53 acres in a proposed R-8 zone for Nursery Subdivision by Gary Fors — 570 South Linder Road: De Weerd: Items 11 and 12 are public hearings on AZ 06-038 and PP 06-036. 1 will open these two public hearings with staff comments. Canning: Thank you, Madam Mayor, Members of the Council. This next project is the Nursery project. It is located on the east side of Linder Road, approximately 1,900 feet south of Franklin Road. There is the property located amongst all annexed and zoned R-4 property. The applications before you tonight are annexation and zoning and preliminary plat. The proposed gross residential density is 5.06 units per acre. The net density is listed at 7.27, but I suspect that that's not accurate, because there is no large open space on this project, so I guess that's just excepting the road. All the lots are proposed as single family detached units. This is an in -fill project, as you will note on the properties to the north are all existing, as well as half of the ones to the south and all the ones to the east and the one -- there is one large kind of un -platted lot to the west of the property and the applicants have provided a stub street to that property. It currently has direct access to Linder Road. The Commission -- the Commission as part of their recommendation did required a revised preliminary plat and just so you're aware that is the one that's in the staff report that you are reviewing tonight. The Commission did recommend approval at their November 16th, 2006, Public Hearing. Kurt Reliford, Gary Fors and Mary Hagedom spoke in favor. No one spoke in opposition. Julie Busman did comment. The key issues of discussion by the Commission were the maintenance of the irrigation easement along the southern property boundary. This is. the easement. The irrigation facility is piped to this location, so it is tiled throughout this area. And, then, it surfaces in this area currently, but I believe they plan on tiling that as part of this application. So, there is still an easement, though, so it is -- that was a major issue of discussion. One of the changes the Commission wanted to see was that that was put in a separate common lot. So, we do have a separate common lot that would be subject to -- that the homeowners association would be responsibility for maintenance of that property. Also of discussion was Lot 20, Block 1, in the adjacent common lots. This is Lot 20, Block 1. And, then, there is a common lot adjoining Linder Road. The key commission -- well, there were no changes to staffs initial recommendation. They did ask for a few changes to the plat and those have been prepared for you. To our knowledge there are no outstanding issues before Council and we have not received additional written testimony since the staff report. I should mention, because I forgot to put it in my cheat sheet, these -- this is proposed as the R-8 zone, as you see there. The lots generally range from six to seven thousand square feet. Now, they are not the same size as the surrounding properties. The surrounding properties are, by and large are all R-4, but, please, keep in mind this is an in -fill project and this is a very difficult site to get a layout on. As staff we saw a number of designs come through. This one Meridian City Council December 5, 2006 Page 26 of 30 did seem to work better than most and fit in with the code better than most. So, it is a difficult site to design and I think the applicants have worked with their neighbors, evidenced by no one showed up for the Planning and Zoning Commission hearing. We may have some here tonight. I'm not sure. With that I will answer any questions you may have. De Weerd: Okay. Council, any questions for staff? Okay. Is the applicant here? If you will, please, state your name and address. Reliford: Good evening. Kurt Reliford with J.J. Howard Engineers, 1530 East Commercial, Meridian, Idaho. De Weerd: Thank you. Reliford: We agree with the staff report from the Planning and Zoning Commission and the Planning and Zoning department. We have no issues with anything that you guys have recommended or they have recommended. We are certainly willing to comply. So, if you have any questions for me. De Weerd: Council? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: Help me understand what's going on on this end of the development. It's pretty busy. That's the best we have got and I can't read it. Canning: There you go. Reliford: Do we have the revised below up of that area that I gave to Josh? Canning: No. Reliford: Go back to -- I don't know how to use one of these things. See what I can do here. This lot -- this is a storm drain lot right here and this is the required landscape buffer, which is, I think, 30 feet or something along Linder Road, and what we did is we revised this area -- this is a common lot park area here for the residents and we combined this area along that easement to make this the whole common lot all the way down into that. In regard to this, we have this common lot that has a -- facilitates sewer for the city, the Nampa -Meridian Irrigation District's Kennedy Lateral and the buffer itself. And, then, the lot -- I can't remember if that's Lots 20 -- 19, 20 -- I think this might be 21 right here or right here that goes up to the street. Does that help you, Mr. Rountree? Meridian City Council December 5, 2006 Page 27 of 30 Rountree: Further question on the development of this parcel. Since Nampa -Meridian would be co -located in that with a bunch of other things, is there going to be an access on Linder Road, then, or are they going to access from -- Reliford: At this point the access would be from Tylee. Rountree: Tylee? Reliford: Yeah. South Tylee. Rountree: Okay. Reliford: To either -- to the west or the southeast there, because they have got it to get back -- Rountree: Okay. Reliford: -- towards the landing where they have tiled their ditch and they have irrigation boxes there as well. Rountree: And one last question. What's this particular feature? Reliford: That's an existing building, an existing shop that's there. Rountree: That will be removed? Reliford: Yes. De Weerd: Okay. Reliford: Thank you. De Weerd: You bet. Any further questions, Council? No? Thank you. Reliford: Thank you. De Weerd: This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Okay. I don't see any further testimony, Council. Any additional questions for staff or the applicant? Okay. Wardle: Madam Mayor? De Weerd: Yes. Wardle: I move we close the Public Hearing on Items 11 and 12. Meridian City Council • December 5, 2006 Page 28 of 30 Borton: Second. De Weerd: Okay. I have a motion to close the Public Hearing on Items 11 and 12. All those in favor say aye. MOTION CARRIED: ALL AYES. De Weerd: Okay. Wardle: Madam Mayor? De Weerd: Yes. Wardle: I move we approve Item 11, AZ 06-038. Borton: Second. De Weerd: Okay. I have a motion to approve Item 11. Is there any discussion? Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Wardle: Madam Mayor? De Weerd: Yes. Wardle: Maybe a clarification for the record before Item 12. 1 realize that this is an in -fill project and a difficult site to -- the density question I think is one that Council wrestles with and we will see more in the future, but certainly from what we heard from staff report and what I have seen in the file, there have been a number of designs, working with the neighbors, evidenced by lack of public outcry in this meeting I think all spells what could be the best for this site, so with that I would move that we approve Item 12, PP 06-036. Borton: Second. De Weerd: Okay. I have a motion and a second to approve Item 12. Any discussion? Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Meridian City Council • December 5, 2006 Page 29 of 30 Item 13: Executive Session per Idaho State Code 67-2345(1)(a) — (to consider hiring a public officer, employee, staff member or individual agent, not to include. This paragraph does not apply to filling a vacancy in an elective office) (f) — (to consider and advise its legal representatives in pending litigation) & 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: Thank you. Okay. Item 13 is an Executive Session per Idaho State Code and just a reminder that we did move the Executive Session on the Pre -Council agenda to fold into this one as well and they are the same letter F. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(a), (1)(f), and (1)(c). Rountree: Second. De Weerd: Okay. I have a motion and a second to adjourn into Executive Session. Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: Rountree: I move we come out of Executive Session. Bird: Second. De Weerd: All those in favor. MOTION CARRIED: ALL AYES. De Weerd: I would entertain a motion to adjourn. Bird: So moved. Rountree: Second. De Weerd: All those in favor. Meridian City Council December 5, 2006 Page 30 of 30 MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 10:50 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) MAYOR TA DE WEERD LJ / / 2 / 07 \a`\N�%%j%III11I11//"/ DATE APPROVED cf mot E� ATTESTED: WILLIAM G. BERG JR.,� r �+ -s, PL p 9sl • CJ December 1, 2006 MERIDIAN CITY COUNCIL MEETING December 5, 2006 APPLICANT ITEM NO. 51'-A REQUEST Approve Minutes of October 24, 2006 Pre -Council Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. December 1, 2006 MERIDIAN CITY COUNCIL MEETING December 5, 2006 • APPLICANT ITEM NO. REQUEST Approve Minutes of November 8, 2006 City Council Special Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 5-B 0 December 1, 2006 0 AZ 06-048 MERIDIAN CITY COUNCIL MEETING December 5, 2006 APPLICANT Creamline Associates, LLC ITEM NO. 5-C REQUEST Findings for Approval -- Request for Annexation and Zoning of 32.75 acres from RUT to a C -G zone (8.74 acres) and I -L zone (24.01 acres) for Crearnline Park Subdivision -- 1200 West Franklin Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See aliached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: AA YV 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: 41660 P one: �� (3 Emailed: St ff Initials: Materials presented at publi eeHngs shall become property of the City of Meridian. 0 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER RECEIVED Nov li eridian Office �9 In the Matter of Annexation and Zoning of 32.75 acres from RUT to I -L and C -G AND Preliminary Plat approval for 6 industrial lots and 4 commercial lots for Creamline Park Subdivision, by Creamline Associates, LLC. Case No(s). AZ -06-048 and PP -06-050 For the City Council Hearing Date of: November 21, 2006 (Findings on the December 5, 2006 City Council consent agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 21, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 21, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 21, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 21, 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 § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-048 and PP -06-050 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 November 21, 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 § 11-5A 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 31, 2006 is hereby conditionally approved; 2. The following modifications to site specific conditions were made at the City Council hearing: a. Deleted condition 1.2.8 which required the applicant to cover the Eight Mile Lateral. b. Modified condition 1.2.6 to increase the landscape buffer between uses to ten feet with a vinyl fence. c. Added condition 1.2.11 which requires a shared driveway and cross access easement for Lot 10 Block 1 such that it shares a single access to Franklin Road with the property to the east. d. Modified condition 3.20 to only apply to Lots 4, 5, 6, and 7, Block 1. e. Added a provision to the DA that requires the design and architecture of any future buildings on this site be generally consistent with the ten photographs submitted by the applicant labeled "Design Goals — Creamline Park Subdivision". 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of November 21, 2006 incorporated by reference. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-048 and PP -06-050 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, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B - 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council 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 may be 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 November 21, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-048 and PP -06-050 0 By action of the City Council at its regular meeting held on the 5 day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER JOE BORTON VOTE COUNCIL MEMBER CHARLIE ROUNTREE VOTED_A� COUNCIL MEMBER KEITH BIRD VOTED i TIE BREAKER MAYOR TAMMY de WEERD VOTED MAYO sBWEERD ATTEST: a i' ILLIAM G. BERG, JR., LE 0 Copy served upon: ✓ Applicant Planning Department �~ Public Works Department City Attorney By:ICI � AJ Dated: t.2-1 t -O U City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-048 and PP -06-050 CITY OF MERIDIAN PLANNINOEPARTMENT STAFF REPORT FOR THE HEAVG DATE OF NOVEMBER 21, 2006 STAFF REPORT Hearing Date: 11/21/2006 TO: Mayor and City Council FROM: Justin Lucas Associate City Planner Meridian Planning Department 208-884-5533 SUBJECT: Creamline Park Subdivision AZ -06-048 P CHY IDAHO Annexation and Zoning of 32.75 acres from RUT (Ada County), to 8.74 acres of C -G (General Retail and Service Commercial) and 24.01 acres of I -L (Light Industrial). PP -06-050 Preliminary Plat approval of 4 commercial lots on 8.74 acres in the proposed C -G zone, and 6 industrial lots on 24.01 in the proposed I -L zone, by Creamline Associates, LLC. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Creamline Associates, LLC, has applied for Annexation and Zoning (AZ) to C -G (General Retail and Service Commercial) for 8.74 acres and I -L (Light Industrial) for 24.01 acres of property currently zoned RUT in Ada County. The site is located on the north side of Franklin Road, near the northeast comer of Franklin and Linder Roads, approximately 350 feet east of Linder Road. Currently, the land is being used for agriculture and there are no buildings on the site. The subject property is within the Urban Service Planning Area and is currently referenced as parcel numbers S1212336100 and S1212336596. 2. SUMMARY RECOMMENDATION The subject applications (AZ and PP) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. Staff is recommending approval of the proposed Creamline Park Subdivision (AZ -06-048 and PP -06- 050) with the conditions listed in Exhibit B of the Staff Report. The Meridian Planning and Zoning Commission heard these items on October 19 2006. At the public hearing they moved to recommend approval. a. _Summary of Commission Public Hearing: i. In favor: Brad Miller ii. In opposition: None iii. Commenting. None iv. Staff presenting a lication: C. Caleb Hood v. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. — 25 foot landscape buffer between I -L zoned uses and alternative com lip ance• ii. — Fire Department restrictions on lots north of the Eight Mile Lateral,• iii. — Required tiling of the Eight Mile Lateral,• iv. — Possible emergency access into the site on the northern pro e�rty line,• v. — Public street access into the property_• vi. — Loading areas, docks, and bays facing west Creamline Park Subdivision AZ-06-048/PP-06-050 PAGE 1 CITY OF MERIDIAN PLANNIIOEPARTMENT STAFF REPORT FOR THE HEARG DATE OF NOVEMBER 21, 2006 c. Key Commission Changes to Staff Recommendation: L — Elimination of condition 1.2.2 which required the applicant to provide two public street access points to this property comected by a loo road; oad• ii. — Elimination of condition 1.2.3 which required the applicant to provide a cross access easement to the neigh. boringpLo-Mly to the west,• iii. — Elimination of condition 1.2.4 which required the applicant to include a 25 foot landscape buffer between uses along the western boundary of Lots 3-5 Block 1 iv. — Modification of condition 1.2.5 to allow loading areas docks or bays to face the western property line. v. — Re uq ired applicant to submit an alternative compliance application for the 25 landscape buffer between uses: vi. — Required the applicant to pursue an emergency access point along the northern property hne and report to the Council if this was viable. d. Outstanding Issue(s) for City Council: i. — The applicant is re uc uesting not to cover the Eight Mile lateral on this property as required by the UDC (see condition 1.2.8); ii. — The applicant should provide more information about a possible emergency access point available along the northern rrn� operty line. iii. —The comprehensive plan designation for the neighboring properties to the west is Mixed Use Community which would allow for various zoning designations and uses. Staff is concerned that decreasingthe he required landscape buffer along the western property line from 25 to 5 feet, as recommended by the Planning Commission, may have a substantial adverse affect on the future redevelopment potential of other properties in this area. rl i. In favor: BradMiller ii. In opposition: None iii. Commenting: None iv. Written testimony. None V. Staff presenting application: Anna Borchers Canning vi. Other staff commenting on application: Joe Silva 1L Key Issues of Discussion by Counc"l: i. — Relationship between uses ii. — Access into proposed project in. — Required buffer between land uses iv. — Covering the Eight Mile Lateral &, Kex Council Changes to Commission R .commendation- i. — Deleted condition 1.2.8 which required the applicant to cover the Eight Mile Lateral. ii. — Modified condition 1.2.6 to increase the landscape buffer between usesto ten feet, and the construction of a Anyl fence. iii. — Added condition 1.2.11 which requires a shared driveway and cross access easement for Lot 10 Block 1 such that it shares a single access to Franklin Road_ with the property to the east. iv. — Modified condition 3.20. regarding Fire Deuartment sign off of uses prior to CZC, to only apply to Lots 4.5.6. and 7 Block 1. Creamline Park Subdivision AZ-06-048/PP-06-050 PAGE 2 CITY OF MERIDIAN PLANNIEPARTMENT STAFF REPORT FOR THE HEARG DATE OF NOVEMBER 21, 2006 v. — Added a provision to the DA that requires the design and architecture of anv future buildings on this site be generally consistent with the ten photographs submitted by the applicant labeled "Design Goals — Creamline Park —Subdivision" 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ - 06 -048 and PP -06-050 as presented in the Staff Report for the hearing date of November 21, 2006 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ - 06 -048 and PP -06-050 as presented during the hearing of November 21, 2006 for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance I move to continue File Numbers AZ -06-048 and PP -06-050 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: 1200 West Franklin Road; in Section 12, Township 3 North, Range 1 West. b. Owner: Creamline Associates, LLC 3670 Hepburn Circle Stockton, CA 95209 c. Applicant: Same as owner d. Representative: Kent Brown, Bailey Engineers e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Mixed Use - Community g. Description of Applicant's Request: The applicant is requesting concurrent approval for Annexation and Zoning of the subject 32.75 acres to a mix of C -G (8.74 acres) and I -L (24.01 acres) and Preliminary Plat approval of four commercial lots and six industrial lots. 1. Date of preliminary plat (attached in Exhibit A): 7/31/2006 2. Date of landscape plan (attached in Exhibit A): 8/10/2006 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. Creatnline Park Subdivision AZ-06-048/PP-06-050 PAGE 3 CITY OF MERIDIAN PLANNISEPARTMENT STAFF REPORT FOR THE HEAG DATE OF NOVEMBER 21, 2006 b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: October 2nd and 16th, 2006 (Planning Commission) October 30th and November 13, 2006 (City Council) d. Radius notices mailed to properties within 300 feet on: September 22nd, 2006 (Planning Commission) October 27th. 2006 (City Council) e. Applicant posted notice on site by: October 9th, 2006 (Planning Commission) November 13th, 2006 (City Council) 6. LAND USE a. Existing Land Use(s): The site is currently vacant; there are no existing buildings. b. Description of Character of Surrounding Area: There are various uses that are adjacent to this property. To the east is a large industrial area that includes a storage facility and other light industrial uses. To the north is the railroad, a retirement community and multi -family dwellings. To the west is a daycare facility within city boundaries and various rural residences zoned Rl in Ada County. To the south across Franklin Road is the Crestwood Estates Subdivision, a single-family residential neighborhood. c. Adjacent Land Use and Zoning: 1. North: Retirement Community and future Multi -family, Zoned L -O 2. East: Lumber Storage and Vacant Land, Zoned I -L 3. South: Franklin Road and Crestwood Estates Subdivision, Zoned R4 4. West: Single-family homes and some home occupations, zoned RI (Ada County), a daycare, zoned L -O, and vacant land zoned C -C. d. History of Previous Actions: In February of 2005 the Planning Department received a previous development application for this property. This application consisted of an annexation and zoning request for the entire 32.75 acres, to a mix of residential and commercial zoning districts. The application also included a conditional use permit for multifamily development, and a request for preliminary plat approval of 146 residential building lots, and 1 commercial lot. This previous development application only included one public street access point to Franklin Road. The Planning, Police, and Fire Departments had serious concerns about adequate access to this previous proposed development. These concerns were outlined in the staff report along with recommendations to provide some type of secondary access in to the proposed development. The primary recommendation was to provide a stub street that could be extended to Linder Road. The Planning Department also had serious reservations about the compatibility of uses on this site, specifically the potential conflict between the proposed residences and existing industrial users to the east. Due to these concerns the applicant chose to withdraw the application before it was voted upon by the Planning Commission or City Council. e. Existing Constraints and Opportunities: 1. Public Works: Creamline Park Subdivision AZ-06-048/PP-06-050 PAGE 4 CITY OF MERIDIAN PLANNINOEPARTMENT STAFF REPORT FOR THE HEARG DATE OF NOVEMBER 21, 2006 Location of sewer: There is currently a sewer trunk on the north side of this property and a sewer main in W. Franklin Road. Location of water: There is currently water main located in W. Franklin Road. Issues or concerns: 1.) Water main sizing. 2.) Flood plain. 2. Canals/Ditches Irrigation: The Eight Mile Lateral runs directly through this site. The applicant is proposing to cover this lateral as required by the UDC. 3. Hazards: A portion of the rear of this property lies within the 100 year flood plain. 4. Proposed Zoning: C -G (General Commercial) and I -L (Light Industrial) 5. Size of Property: 32.75 acres f. Subdivision Plat Information: 1. Commercial Lots: 4 2. Industrial Lots: 6 3. Total Building Lots: 10 4. Common Lots: 0 5. Other Lots: 0 6. Total Lots: 10 g. Landscaping 1. Width of street buffer(s): 25 feet (along Franklin Road) 2. Width of buffer(s) between land uses: 25 feet (to non industrial uses) 3. Percentage of site as open space: N/A h. Off -Street Parking: UDC 11-3C-6 requires one parking space for every 500 square feet of gross floor area in all Commercial Districts, and one parking space for every 2,000 square feet of gross floor area in all Industrial Districts. i. Summary of Proposed Streets and/or Access: One public street (North West 13t') is proposed for this project. This street is a cul-de-sac that extends from Franklin Road and runs north into the property for approximately 450 feet. Beyond the cul-de-sac the applicant is proposing a 500 foot drive aisle and cross access easement to provide access to the rest of the property that is not directly served by the cul-de-sac. The applicant is also proposing to construct two curb cuts that will allow for direct access from Franklin Road for Lots 2 and 10, Block 1. Please see Staff's Analysis below for more on the proposed access for this development. 7. COMMENTS MEETING On September 29, 2006, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Mixed Use Community" on the Comprehensive Plan Future Land Use Map. Mixed Use Community areas are anticipated to contain a variety of commercial and Creamline Park Subdivision AZ-06-048/PP-06-050 PAGE 5 • CITY OF MERIDIAN PLANNINOEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21, 2006 residential uses (see Page 103 of the Comprehensive Plan.) The proposed Preliminary Plat includes four commercial lots and six industrial lots. The commercial lots are proposed in a C -G (General Commercial) zone and the industrial lots are proposed in an I -L (Light Industrial Zone). The Comprehensive Plan does not identify specific zoning districts that are allowed in the "Mixed Use Community" designation, but it does encourage transitional uses and flexibility. Staff believes that this property is in a transitional area of the city and that the C -G and I -L districts are appropriate, considering the current and potential neighboring uses. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): Chapter VII, Goal III, Objective A, Action 1 - Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner.- Sanitary anner.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 (ACBD). 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 6 - Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. Creamline Park Subdivision AZ-06-048/PP-06-050 PAGE 6 0 CITY OF MERIDIAN PLANNIADEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21, 2006 The submitted preliminary plat proposes one public street that terminates as a public street with a cul-de-sac, but continues on into a large Industrial development as an access easement. Although Staff is unsupportive of the proposed street layout, Staff believes that through some modification (described at length in section 10) that this subdivision could improve circulation and connectivity in this area of the city, if the conditions listed in Exhibit B are complied with. Chapter VI, Goal II, Objective A, Action 13 - Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. The submitted preliminary plat does not take advantage of the location of SW 12`h Street which is an existing local road across Franklin Street from this property. Staff is proposing that this local road be extended across Franklin to comply with this Goal and Action item (see Section 10). Chapter VII, Goal IV, Objective D, Action 2 — Restrict curb cuts and access points on collectors and arterial streets. As noted above, the applicant is proposing one public street connection to Franklin Road (an arterial street) and two curb cut driveways. Staff is not supportive of the proposed access and street design and describes an alternative plan in Section 10 of this report. Staff believes that direct lot access should be restricted for this project, and that the applicant should provide a more versatile public street system. Chapter VII, Goal IV, Objective C, Action 1 - Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing an industrial zone adjacent to various residences and a day care facility. Stafffinds that the industrial use can co -exist with these residentialproperties in the near vicinity if land use buffers are installed along the western property line as conditioned in Exhibit A Chapter VII, Goal IV, Objective A, Action 2 — Encourage industrial development to locate adjacent to existing industrial uses. The land abutting this properties eastern boundary is currently zoned I -L within in the city. Staff believes that allowing for an I -L zone on the northern portion of the subject property is consistent with the comprehensive plan. Chapter VII, Goal IV, Objective A, Action 1 — Minimize noise, odor, air pollution and visual pollution in industrial development adjacent to residential areas. Currently there are various residential uses abutting the western boundary of this property. While these residences will most likely transition to commercial uses in the future, staff is still concerned about noise and other impacts an industrial development could have on these properties. The developer should take these residences into account when it considers users for the lots that abut homes. Staff makes recommendations in Section 10 and Exhibit B of this report to help minimize any potential conflict between uses. Chapter VII, Goal I, Objective E, Action 3 — Require industrial areas to create a site design compatible with surrounding uses (e.g. landscape, fences, etc.) and community design criteria. See analysis above. Crewnline Park Subdivision AZ-06-048/PP-06-050 PAGE 7 is CITY OF MERIDIAN PLANNADEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21, 2006 Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (UDC) lists various uses that are allowed in the C -G and I -L districts. b. Purpose Statement of Zone(s): GENERAL COMMERCIAL DISTRICT (C -G): 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: LIGHT INDUSTRIAL DISTRICT (I -L): The purpose of the I -L District is to provide for convenient employment centers of light manufacturing, research and development, warehousing, and distributing. In accord with the Meridian Comprehensive Plan, the I -L District is intended to encourage the development of industrial uses that are clean, quiet and free of hazardous or objectionable elements and that are operated, entirely, or almost entirely, within enclosed structures. Accessibility to transportation systems is a requirement of this District. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: AZ Application: Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested C -G and I -L zones are appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The annexation legal description submitted with the application (stamped on July 26, 2006 by D. Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Special Considerations: Compatibility With Surrounding Uses: The proposed zoning designations and concept plan submitted by the applicant show various industrial and commercial buildings proposed for this site. Staff is mostly concerned with the proposed industrial uses on Lots 3-5, Block 1 that will be adjacent to various existing homes and a day care facility. To help avoid potential conflicts between the existing residences to the west and the proposed industrial development staff believes that some of the principally permitted uses in the I -L zone should not be allowed on Lots 3,4, and 5, Block 1. These uses include vehicle impound yard, solid waste transfer station, recycling center, and major vehicle repair. Staff feels that these uses are too intense to be located adjacent to residences. Staff also believes that no that no trash compactors, loading areas, docks, or bays should face the western property line on Lots 3,4, and 5, Block 1. Creamline Park Subdivision AZ-06-048/PP-06-050 PAGE 8 0 CITY OF MERIDIAN PLANNINAEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21, 2006 Development Agreement: UDC 11 -5B -3.D.2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan designation and 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 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 uses shall not be allowed on Lots 3,4, and 5, Block 1: a. Vehicle impound yard b. Solid waste transfer station c. Recycling center d. Vehicle Repair, major • That no trash compactors, face the western property line on Lots 3,4, and 5, Block 1. • That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. • That the design and architecture of anv future buildings on this -site be generally consistent with the ten photographs submitted by the applicant labeled "Design Goals — Creamline Park Subdivision". 2. PP Application: Upon modification per the conditions listed in Exhibit `B", Staff believes that the proposed preliminary plat will substantially comply with the Unified Development Code. a. Special Considerations: Street Design: From the initial pre -application meeting for this project Staff has been concerned about access and circulation on this site and in this area. In the pre -application meeting the applicant proposed a single public road/cul-de-sac that extended deep into site Creamline Park Subdivision AZ-06-048/PP-06-050 PAGE 9 0 CITY OF MERIDIAN PLANNINVEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21, 2006 (approximately 800 feet). Staff informed the applicant that such a street design did not meet the city's subdivision and street standards as described in UDC 11-6C-3134. This regulation specifically limits cul-de-sac or dead end streets to a maximum of 450 feet. The purpose of the maximum length requirement for cul-de-sac and dead end streets is to encourage developments to provide adequate public circulation in and through any development project. Staff voiced these concerns, and requested that the applicant redesign the site to provide for better circulation and access to such a large development. In response to these requests, the applicant submitted the preliminary plat and concept plan that is included in this report (see exhibit A). As the plans show the primary access to this development is still a single cul-de-sac street that has been reduced in length from the original proposal to meet the 450 foot maximum length requirement. The proposed industrial lots (4-7) at the north end of the property are anticipated to take access off of an approximately 500 foot driveway and cross access easement that is extended from the northern terminus of the cul-de-sac to Lots 4-7, Block 1. While this configuration is not strictly prohibited by the UDC, staff is still concerned about the lack of access and public street circulation on this site. Although the applicant is meeting the cul-de- sac length requirement as described in the UDC, staff believes that the intent of that requirement is not being met. In other words when the proposed cul-de-sac is combined with the proposed private driveway easement the result is a 900 foot street/driveway that dead ends, and a 32.75 acre development which takes primary access from a 450 foot cul-de-sac. To remedy this Staff proposes the following: That the applicant provides two public street access points to this property along Franklin Road. Staff suggests that these two access points be linked by a public street that would loop into the proposed development. Staff proposes that eastern public street access point be an extension of the existing SW 12U' Street which currently intersects Franklin Road across from the south east corner of this property. This extension of SW 12th Street could be brought north into the property across the Eight Mile lateral, and then looped around to reconnect with Franklin Road at a location to be determined by the Applicant and ACRD. This U shaped loop would provide two separate points of access into this project and increase the public street circulation pattern in this area. The extension of SW 12th street across Franklin Road would also provide access for the parcel (#S1212346615) to the east when they develop in the future, without the necessity of an access point on Franklin Road. Staff presents this as one possible option that would provide greater access to this development. Other solutions could be developed by the applicant that could increase public and emergency access into the site. Staff is not recommending a stub street to the east due to the lack of any outlet in that direction. Likewise, Staff is not recommending a stub street to the west, to be connected with Linder Road, due to the size and configuration of the bordering lots. If a stub street was provided to the west it would cover an entire lot, if and when it was extended. A westerly stub street would also allow for unnecessary cut through traffic between Linder Road and Franklin Road. Access: Staff also has concerns about direct lot access to Franklin Road, which is classified as an arterial street on the adopted Functional Street Classification Map. As proposed the applicant shows Lot 2 and 10, Block 1 with direct access to Franklin Road. Chapter VII, Goal VI, Objective D, Action 2 of the Comprehensive Plan says that curb cuts and access points should be restricted along arterial and collector streets. Staff believes that direct lot access to Franklin Road should be restricted for this development. Staff believes that the applicant should provide a cross access easement to the Thornton property (parcel #1212336030) to the Creamline Park Subdivision AZ-06-048/PP-06-050 PAGE 10 CITY OF MERIDIAN PLANNINAEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21, 2006 west. Staff believes that providing cross access to this property is important due to its limited frontage (340 feet) on Franklin Road and proximity to the intersection of Linder and Franklin Roads. Compatibility/Landscape Buffer to Adjoining Uses: The concept plan submitted by the applicant shows various industrial and commercial buildings proposed for this site. Staff is mostly concerned with the proposed industrial uses on Lots 3-5, Block 1 that will be adjacent to various existing homes and a day care facility. UDC Table 11-2C-2 requires a 25 foot wide landscape buffer to non -industrial uses in the I -L zone. Staff believes that this buffer will help to mitigate the inherent difference between the existing and proposed uses. Beyond this landscape buffer, staff also believes that no that no trash compactors, loading areas, docks, or bays should face the western property line on Lots 3,4, and 5, Block 1. Landscaping: The landscape plan prepared by G. Gensen, on 8-10-06, is approved with the following modifications/notes: • Per UDC 11-2B-3, a 25 -foot wide landscape buffer should be provided along Franklin Road that meets the standards outlined in 11-3B-7. • Per UDC Table 11-2C-2 construct a 25 -foot wide landscape buffer on Lots 3- 5, Block 1, along the west property line. Said buffer should be constructed in accordance with UDC 11-3B-9. Said buffer should be installed prior to occupancy of the future use on the individual lot(s). • 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). Fencing: The submitted preliminary plat shows existing fencing around most of the site. The applicant did not make it clear if this fencing was to remain or be removed. Staff recommends that the applicant clarify, at the public hearing what the fencing plan is for this site._A detailed fencing plan should be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter fencing shall be designed according to UDC 11-3A-7. Ditches, Laterals, and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of any natural waterways that intersect, cross or lie within the area being subdivided shall be covered. The Eight Mile Lateral traverses this site. This lateral should be covered as required by the UDC. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, Crean -dine Park Subdivision AZ-06-048/PP-06-050 PAGE 1 I 0 CITY OF MERIDIAN PLANNINNEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21, 2006 pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. b. Staff Recommendation: Staff recommends approval of the subject applications AZ -06- 048 and PP -06-50, with the conditions listed in Exhibit B of the Staff Report for the hearing date of October 19, 2006. The Meridian Planning and Zoning Commission heard these items on October 19, 2006. At the public hearing they moved to recommend approval The Meridian City Council heard these items on November 21. 2006_ At the public hearing they approved the 11roie _ with changes. 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: 7-31-06) 2. Landscape Plan (dated: 8-10-06) 3. Concept Plan (dated: 8-10-06) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department 9. Nampa and Meridian Irrigation District C. Legal Description D. Required Findings from Unified Development Code Creamline Park Subdivision AZ-06-048/PP-06-050 PAGE 12 CITY OF MERIDIAN PLANNINOEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21, 2006 A. Drawings 1. Preliminary Plat (dated: 7-31-06) Exhibit A — Page 1 mren kFi E gg 0 CITY OF MERIDIAN PLANNIAEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21, 2006 2. Landscape Plan (dated 8-10-06) Exhibit A — Page 2 CITY OF MERIDIAN PLANNIAPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21, 2006 3. Concept Plan (dated: 8-10-06) Exhibit A — Page 3 • CITY OF MERIDIAN PLANNINNEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21, 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. 1.2 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT (PP -06-050) 1.2.1 The preliminary plat labeled as PP -1, prepared by Bailey Engineering, Inc., dated July 31, 2006 is approved, with the conditions listed herein. All comments and conditions of the accompanying Annexation and Zoning (AZ -06-048) application shall also be considered conditions of the Preliminary Plat (PP -06-050) 1.2.2 The 1 1. it a t bl stFM e e e..,. r• 1 i rr r Y ++ this along Read. r These two streets shA be !hiked tegethff by a publie stfw th.-A loops into the propose .leyele.....ent ., s the Eight Mile T ete....l One of these ..ubli f.. ea aeeess peii4 shall 1' ga .;+L SlAr 12'& Ra eet...t,;et. e..+lyinteFseets FmAdia Read cs^eressaemthis p:epe#y. OR The _ pr L. 11 ubn3k n-zcr4S@d plat with a$-&lt@r$ucrm acrccc design -that ftczcccscvthe a0arcycvr + MileT Lateral, ' f .1 1. t1. aFeCaSs-ta-�3e#h 546�€of Ale �},}c -�uscxarix xcc�isaca oy caE GHl$miSSieff.-ouoxm4c1844li ad efie 8 .5" F. W' eepy of the r-e,�4sed plat at least 10 days pfier- to the City Ge 1.2.3 The appheant st,••,l pFe Ade --a eFess aeoess easenwj# to the Thefnteia pfePeF ygmvc4 #1212336030) te the west. Said easement shaU either- be Feeef-ded pfier- te sigaa4we ef the fifiW plat by the City Eagiffeer-, an"r- be tea e« the f e o f t1. F 1 plat. 1.2.4 The appheant sh9l pmAde a 25 feet wide landseape buffff along the westem boundary of 1 3 G Bleek 1. This buff be designed and planted in aseeFdanee with UDC 1 3B-9. This }nuff-ff shaJ4 be insta e.l a e..eh let, prior- to eeeupaney f the buildingeae1. let. 1.2.5 No trash compactors, leading aFeas, deeks, eF bays shall face the western property line on Lots 3- 5, Block 1. 1.2.6 The landscape plan prepared by G. Gensen, on 8-10-06, is approved with the following modifications/notes: • Per UDC 11-2B-3, a 25 -foot wide landscape buffer shall be provided along Franklin Road that meets the standards outlined in 11-3B-7. • The Wheant shall submit an alternative compliance annlication to reduce the 25 foot buffer between land uses on the western property line to a tm fiw foot landscape buffer with a six foot vinyl fence chain kW"QR00=jXXj*jq a] pgjng • Per UDC 11-313-10, 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, if applicable. • 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. Exhibit B - Page 1 0 CITY OF MERIDIAN PLANNINNEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21, 2006 Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. The proceeding modifications and notes should be shown on a revised landscape plan submitted with the final plat application(s). 1.2.7 The applieai sha14 elafi=y ,=tee pub}ie heafing, what #fpe-of maing will be insWied with this develepmea� A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. All fencing shall be designed according to UDC 11-3A-7. _ _'11 .7 e to L._ oross or lie, w 0- being subdkid Art,_ district,approved by 11 .. . iaft 46ga4ioa4dminage approved by the Gity Engineer prior- to &W pla4 1.2.9 Underground, pressurized irrigation must be provided to all lots within this development. 1.2.10 The applicant will pursue obtaining emergency access on the north pro e�rty line prior to the City Council Hearing for this project. The applicant shall report their findings concerningthis his possible emergency access to the City Council during the public hearing_ 1.2.11 The preliminary and final plats shall depict a shared driveway and cross access easement for Lot 10 Block 1 such that it shares a single access to Franklin Road with the property to the east. 1.2 GENERAL REQUIREMENTS—PRELIMINARY PLAT (PP -06-050) 1.2.1 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application(s). 1.2.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.3 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2.4 Staff's failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.2.5 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 located on the north and south of this project. 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 Exhibit B - Page 2 i CITY OF MERIDIAN PLANNINAEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21, 2006 Public Works Departments Standard Specifications. 2.2 The preliminary plat depicts a sewer main being installed in the landscape buffer. Per City of Meridian's standard form of easement no trees shall be allowed within the required 20 -feet of easement. The applicant shall coordinate with Planning to comply with this condition while still complying with all landscape ordinance. 2.3 Water service to this site is being proposed via extension of mains in W. Franklin Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.4 A water connection to the blow -off stubbed to this property from parcel #1212346667 shall be required. 2.5 The water main depicted from being installed from W. Franklin Road to the northern portion of this property shall be upsized to a minimum of 10 -inch main. 2.6 A portion of this site is within a FEMA floodplain zone A. The applicant shall be responsible to determine the Base Flood Elevation, and if any lots are within the flood plain those buildings shall provide Base Flood Elevation Certification prior to building permits being issued. 2.7 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. 2.8 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). 2.9 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then evidence of a license agreement shall be submitted prior to scheduling of a pre -construction meeting. 2.10 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, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.11 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. 2.12 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. 2.13 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-14 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.14 The preliminary plat shows the Eight Mile Lateral as being left open. City code requires that ditches be tiled unless they are used as a water amenity or linear open space, or if the Council Exhibit B — Page 3 CITY OF MERIDIAN PLANNINGIPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21, 2006 fords the public purpose is not served by tiling this ditch. The council can also waive this requirement on large capacity facilities (48 -inch has been the rule of thumb). If the large capacity argument is going to be used, the applicants engineer shall submit documentation supporting this assertion prior to the City Council hearing. 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 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.17 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 Sewer, water, pressurized irrigation, and any life safety development improvement shall receive final approval prior to occupancy. Other required development improvements, such as fencing, micropaths, and landscaping may be bonded for 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 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 are located on or near 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 are set a minimum of 3 -feet above the highest established peak groundwater elevation. 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 Exhibit B — Page 4 CITY OF MERIDIAN PLANNINPEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21, 2006 expense. Typical locations are at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 3. Fire Department 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 '/2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. C. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 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. 3.4 An approved fire department turnaround shall be constructed line (Lots 5 and 6, Bleek 14 at the northern terminus of the proposed cross access easement that extends north from the cul-de-sac. This turnaround shall be generally located near the southern boundaries of Lots 5 and 6, Block 1. This turnaround shall be fully accessible by emergency vehicles. 3.5 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.6 Requirements for dead-end fire apparatus access roads that are between 500'-750' in length. 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 26' wide. Streets with less than a 35' street width shall have no parking. Streets with less than 39' shall have parking only on one side. These measurements shall be based on the face of curb dimension. Special approval required over 750' IFC Table D103.4. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.7 For all Fire Lanes, provide signage "No Parking Fire Lane". 3.8 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.9 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. Exhibit B — Page 5 P 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21, 2006 3.10 The 4 office/commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.11 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.12 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.13 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.14 There shall be a fire hydrant within 100' of all Fire Department connections. 3.15 Buildings over 30' in height are required to have access roads in accordance with Appendix D Section D105. 3.16 This project will be required to provide a 20' wide swing or rolling emergency access gate. The gate shall be equipped with a Knox box Padlock which has to be ordered thru the Meridian Fire Department. 3.17 Please contact the Fire Marshal at 888-1234 to work specific issues associated with this project as soon as possible. 3.18 The Fire Department reserves the right to restrict future uses that involve flammable and hazardous materials in areas that are only served by one access. This condition shall only 4pply to lots 4, 5, 6, and 7, Block 1 as shown on the prehmin plat. 3.19 The Fire Department is concerned about adequate fire hydrant flow in this area. The applicant shall ensure that all fire hydrant flow specifications are achieved. 3.20 The applicant must provide fire department approval of any uses north of the creek (Lots &8 4.5.6. 7 Block 1) prior issuance of a Certificate of Zoning Compliance for any use or structure in this area. 4. Police Department 4.1 The Police Department is concerned about the single access that is provided to the industrial lots at the rear of this property. 5. Parks Department Exhibit B — Page 6 0 CITY OF MERIDIAN PLANNINGOPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21, 2006 5.1 The Parks Department has no concerns with the site design as submitted with the application. 6. Sanitary Service Company 6.1 SSC did not provide comments related to this application. 7. Ada County Highway District Site Specific Conditions of Approval 7.1 Construct the internal street, NW 13th Avenue, as a 41 -foot street section with vertical curb, gutter, and 5 -foot attached concrete sidewalk, within 54 -feet of right-of-way, located approximately 400 -feet east of the west property line. 7.2 Construct a standard cul-de-sac turnaround at the terminus of NW 13th Avenue with a minimum turning radius of 45 -feet. 7.3 Driveway access to NW 13th Avenue should be located a minimum of 50 -feet (measured near edge to near edge) from the intersection with Franklin Road, be paved the entire width, and at least 30 -feet intro the site. Commercial Driveways should be no greater than 36 -feet wide, and industrial driveways should be no greater than 40 -feet wide. 7.4 Relocate the westerly (closest to the intersection with Linder Road) driveway to take access from NW 13th Avenue; OR construct a shared right-in/right-out driveway at the west property line with a 6 -inch raised median installed in the middle of Franklin Road to restrict turning movements. 7.5 Relocate the easterly driveway on Franklin Road to NW 13th Avenue, in compliance with District policy requirements; OR shift the driveway to align with 12th Avenue to the south thereby providing a shared access for the parcel to the east. 7.6 Provide an easement for the existing sidewalk on Franklin Road, if one does not already exist. 7.7 Other than the access point(s) specifically approved with this application, direct lot access to Franklin Road is prohibited. A note regarding this access restriction will be required on the final plat. 7.8 Comply with all Standard Conditions of Approval. Standard Conditions of Approval 7.1b Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.2b Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.3b All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. Exhibit B — Page 7 0 CITY OF MERIDIAN PLANNIVEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21, 2006 7.4b Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.5b Comply with the District's Tree Planter Width Interim Policy. 7.6b Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.7b All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.8b The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.9b Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.10b Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.11b It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.12b No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.13b Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. Central District Health Department Exhibit B — Page 8 CITY OF MERIDIAN PLANNUREPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21, 2006 8.1 After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito breeding problem. 9. Nampa and Meridian Irrigation District 9.1 Applicant shall apply for a land use change application prior to final platting. 9.2 All laterals and waste ways must be protected. 9.3 All easements must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 9.4 All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 9.5 The Developer must comply with Idaho Code 31-3805. 9.6 NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Exhibit B — Page 9 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21, 2006 C. Legal Description IDAHO 1450 East Watertower St Suite 150 SURVEY Meridian, Idaho 83642 GROUP Phone (208) 8468570 Fax (208) 884-5399 Project No. 06-210 July 26, 2006 Creamline Park Subdivision Annexation Description A parcel of land located in the West %2 of the SWIM of Section 12, T.3N., R.1 W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the Southwest comer of said Section 12, from which the A comer common to Section 13 and the said Section 12 bears South 89°15'24" East, 2651.28 feet; Thence South 89°15'24" East, 353.08 feet to the REAL POINT OF BEGINNING. Thence North 00'43'10" East, and along the East line of Heppers Acre Subdivision, as same is recorded in Book 19 of Plats at Page 1298, records of Ada County, Idaho, a distance of 1476.50 feet to the Northeast corner of said Subdivision lying on the South right-of-way of the Union Pacific Railroad; Thence along said right-of-way South 88'30'36" East, 968.15 feet; Thence departing said right-of-way South 00'32'36" West, 1463.89 feet to the West 1116 comer common to said Sections 12 and 13; Thence North 89015124" West, 972.56 feet to the Point of Beginning. Containing 32.75 acres, more or less. Prepared By: Idaho Survey p�PROvn.L 4 �/Ap REVIEW _ �� a $ .q 1 L W D. Terry Peugh, PLS Professional Land Surveyors Exhibit C - Page 1 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21, 2006 .09v"t M.K.ELM Exhibit C - Page 2 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone the subject property to C -G and I -L. Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that future development of this property will comply with the established regulations and purpose statement of the C -G and I -L zones, if the applicant enters into a development agreement with the city. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare, if the applicant enters into a Development Agreement with the City and complies with the conditions listed in Exhibit B of the Staff Report. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. 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 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. 5. The annexation is in the best of interest of the City (UDC 11 -5B -3.E). The C -G and I -L zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity, and transitions well to the future development in the vicinity. Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, Council finds that Annexation and Zoning of this property to C -G and I -L 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 flan; 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21 2006 Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, and Analysis, Section 10 of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council fmds that public services are available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, Council fords 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 fording Items 3 and 4 above under Annexation Findings, and the Conditions of Approval in Exhibit B for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACHD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 6. The development preserves significant natural, scenic or historic features. 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. 9 December 1, 2006 • OT&M, MERIDIAN CITY COUNCIL MEETING December 5, 2006 APPLICANT Creamline Associates, LLC ITEM NO. 5-D REQUEST Findings for Approval — Request for Preliminary Plat approval of 6 industrial lots on 24.01 acres in a proposed I -L zone and 4 commercial lots on 8.74 acres in a proposed C -G zone for Creamiine Park Subdivision — 1200 West Franklin Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT. 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 alfached Findings Contacted: Date: Phone: Emailed: Staff Inifials: Materials presented at public meetings shall become properly of the City of Meridian. 0 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER RECEIVED NOV 3 } 2006 C- office ridian Office rig WAHO Al In the Matter of Annexation and Zoning of 32.75 acres from RUT to I -L and C -G AND Preliminary Plat approval for 6 industrial lots and 4 commercial lots for Creamline Park Subdivision, by Creamline Associates, LLC. Case No(s). AZ -06-048 and PP -06-050 For the City Council Hearing Date of. November 21, 2006 (Findings on the December 5, 2006 City Council consent agenda) A. Findings of Fact Hearing Facts (see attached Staff Report for the hearing date of November 21, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 21, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 21, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 21, 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 § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-048 and PP -06-050 0 • 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 November 21, 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 § 11-5A 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 31, 2006 is hereby conditionally approved; 2. The following modifications to site specific conditions were made at the City Council hearing: a. Deleted condition 1.2.8 which required the applicant to cover the Eight Mile Lateral. b. Modified condition 1.2.6 to increase the landscape buffer between uses to ten feet with a vinyl fence. c. Added condition 1.2.11 which requires a shared driveway and cross access easement for Lot 10 Block 1 such that it shares a single access to Franklin Road with the property to the east. d. Modified condition 3.20 to only apply to Lots 4, 5, 6, and 7, Block 1. e. Added a provision to the DA that requires the design and architecture of any future buildings on this site be generally consistent with the ten photographs submitted by the applicant labeled "Design Goals — Creamline Park Subdivision". 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of November 21, 2006 incorporated by reference. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-048 and PP -06-050 0 0 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, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B - 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be 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 November 21, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-048 and PP -06-050 0 B 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 0 5 day of VOTED_ `� ,e�✓ VOTED_7p �v VOTED_ '✓A✓ VOTED VOTED MAY 'T, de WEERD ATTEST: WILLIAM G. BERG, JR., CITY COLERK 'V6 zz Copy served upon: ✓ Applicant T1"``���`� �- Planning Department Public Works Department City Attorney By: Dated: la- i. l -OV City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-048 and PP -06-050 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEAG DATE OF NOVEMBER 21, 2006 STAFF REPORT Hearing Date: 11/21/2006 TO: Mayor and City Council C`�" J _ FROM: Justin Lucas Associate City Planner Meridian Planning Department,` 208-884-5533 SUBJECT: Creamline Park Subdivision AZ -06-048 Annexation and Zoning of 32.75 acres from RUT (Ada County), to 8.74 acres of C -G (General Retail and Service Commercial) and 24.01 acres of I -L (Light Industrial). PP -06-050 Preliminary Plat approval of 4 commercial lots on 8.74 acres in the proposed C -G zone, and 6 industrial lots on 24.01 in the proposed I -L zone, by Creamline Associates, LLC. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Creamline Associates, LLC, has applied for Annexation and Zoning (AZ) to C -G (General Retail and Service Commercial) for 8.74 acres and I -L (Light Industrial) for 24.01 acres of property currently zoned RUT in Ada County. The site is located on the north side of Franklin Road, near the northeast corner of Franklin and Linder Roads, approximately 350 feet east of Linder Road. Currently, the land is being used for agriculture and there are no buildings on the site. The subject property is within the Urban Service Planning Area and is currently referenced as parcel numbers S1212336100 and S1212336596. 2. SUMMARY RECOMMENDATION The subject applications (AZ and PP) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. Staff is recommending approval of the proposed Creamline Park Subdivision (AZ -06-048 and PP -06- 050) with the conditions listed in Exhibit B of the Staff Report. The Meridian Planning and Zoning Commission heard these items on October 19, 2006. At the Dublic hearing thev moved to recommend approval. a. Summary of Commission Public Hearing: i. In favor: Brad Miller ii. In opposition: None iii. Commenting. None iv. Staff presenting application: C. Caleb Hood v. Other staff commenting on Wlication: None b. Key Issues of Discussion by Commission: i. — 25 foot landscape buffer between I -L zoned uses and alternative com lip ance; ii. — Fire Department restrictions on lots north of the Eight Mile Lateral, iii. — Required tiling of the Eight Mile Lateral, iv. — Possible emergency access into the site on the northern property line; v. — Public street access into the property; vi. — Loading areas, docks, and bays facing west. Creamline Park Subdivision AZ-06-048/PP-06-050 PAGE 1 CITY OF MERIDIAN PLANNIIOEPARTMENT STAFF REPORT FOR THE HEG DATE OF NOVEMBER 21, 2006 c. Key Commission Chances to Staff Recommendation: L — Elimination of condition 1.2 .2 which required the applicant to provide two public street access points to this property connected by a loop road; ii. — Elimination of condition 1.2.3 which required the applicant to provide a cross access easement to the nei hg boringrp operty to the west; iii. — Elimination of condition 1.2.4 which required the applicant to include a 25 foot landscape buffer between uses along the western boundary of Lots 3-5 Block 1 iv. — Modification of condition 1.2.5 to allow loading areas docks or bays to face the westernrp operty line. v. — Required applicant to submit an alternative compliance application for the 25 landscape buffer between uses: vi. — Required the applicant to pursue an emergency access point along the northern property line and report to the Council if this was viable d. Outstanding Issue(s) for City Council: L — The applicant is requesting not to cover the Eight Mile lateral on this properly as required by the UDC (see condition L181 81 ii. — The applicant should provide more information about a possible emergency access point available along the northern property line. iii. —The comprehensive plan designation for the neighboring properties to the west is Mixed Use Community which would allow for various zoning designations and uses. Staff is concerned that decreasing the required landscape buffer along the western property line from 25 to 5 feet, as recommended by the Planning Commission, may have a substantial adverse affect on the future redevelopment potential of other properties in this area. IL i. In favor: BradMiller ii. In opposition: None iii. Commenting: None iv. Written testimony: None V. Staff presenting application: Anna Borchers Canning vi. Other staff commenting on application: Joe Silva 1lsKey Issues of Discussion by ouncil: i. — Relationship between uses ii. — Access into proposed proiect in. — Required buffer between land uses iv. — Covering the Eight Mile Later l s. Key Council Cha Pec o ommic ion Reco m ndafinn• i. — Deleted condition 1.2.8 which required the applicant to cover the Eight Mile Lateral. H. — Modified condition 1.2.6 to increase the landscape buffer between uses toten_ feet, and the construction of a vinyl fence. iii. — Added condition 1.2.11 which requires a shared -driveway and cross access easement for Lot 10 Block 1 such that it shares a single access to Franklin Road with the property to the east. iv. — Modified condition 3.20. regarding Fire Deoarr_ment sign off of uses prior to CZC, to only apply to Lots 4, 5, 6. and 7 Block 1. Creamline Park Subdivision AZ-06-048/PP-06-050 PAGE 2 CITY OF MERIDIAN PLANNINDEPARTMENT STAFF REPORT FOR THE HEAG DATE OF NOVEMBER 21, 2006 v. — Added a provision to the DA that requires the design and architecture of any tore buildings on this site be generally consistent with the ten photographs submitted by theapplicant labeled "Design Goals is - Creamline-Park- Subdivision". reamlinePark_Subdivision". 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ - 06 -048 and PP -06-050 as presented in the Staff Report for the hearing date of November 21, 2006 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ - 06 -048 and PP -06-050 as presented during the hearing of November 21, 2006 for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance I move to continue File Numbers AZ -06-048 and PP -06-050 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: 1200 West Franklin Road; in Section 12, Township 3 North, Range 1 West. b. Owner: Creamline Associates, LLC 3670 Hepburn Circle Stockton, CA 95209 c. Applicant: Same as owner d. Representative: Kent Brown, Bailey Engineers e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Mixed Use - Community g. Description of Applicant's Request: The applicant is requesting concurrent approval for Annexation and Zoning of the subject 32.75 acres to a mix of C -G (8.74 acres) and I -L (24.01 acres) and Preliminary Plat approval of four commercial lots and six industrial lots. 1. Date of preliminary plat (attached in Exhibit A): 7/31/2006 2. Date of landscape plan (attached in Exhibit A): 8/10/2006 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. Creamline Park Subdivision AZ-06-048/PP-06-050 PAGE 3 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEAG DATE OF NOVEMBER 21, 2006 b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: October 2hhd and 16th, 2006 (Planning Commission) October 30th and November 13, 2006 (City Council) d. Radius notices mailed to properties within 300 feet on: September 22hhd, 2006 (Planning Commission) October 27' ` 2006 (City Council) e. Applicant posted notice on site by: October 9th, 2006 (Planning Commission) November 13th, 2006 Wily Council) 6. LAND USE a. Existing Land Use(s): The site is currently vacant; there are no existing buildings. b. Description of Character of Surrounding Area: There are various uses that are adjacent to this property. To the east is a large industrial area that includes a storage facility and other light industrial uses. To the north is the railroad, a retirement community and multi -family dwellings. To the west is a daycare facility within city boundaries and various rural residences zoned Rl in Ada County. To the south across Franklin Road is the Crestwood Estates Subdivision, a single-family residential neighborhood. c. Adjacent Land Use and Zoning: 1. North: Retirement Community and future Multi -family, Zoned L -O 2. East: Lumber Storage and Vacant Land, Zoned I -L 3. South: Franklin Road and Crestwood Estates Subdivision, Zoned R-4 4. West: Single-family homes and some home occupations, zoned Rl (Ada County), a daycare, zoned L -O, and vacant land zoned C -C. d. History of Previous Actions: In February of 2005 the Planning Department received a previous development application for this property. This application consisted of an annexation and zoning request for the entire 32.75 acres, to a mix of residential and commercial zoning districts. The application also included a conditional use permit for multifamily development, and a request for preliminary plat approval of 146 residential building lots, and 1 commercial lot. This previous development application only included one public street access point to Franklin Road. The Planning, Police, and Fire Departments had serious concerns about adequate access to this previous proposed development. These concerns were outlined in the staff report along with recommendations to provide some type of secondary access in to the proposed development. The primary recommendation was to provide a stub street that could be extended to Linder Road. The Planning Department also had serious reservations about the compatibility of uses on this site, specifically the potential conflict between the proposed residences and existing industrial users to the east. Due to these concerns the applicant chose to withdraw the application before it was voted upon by the Planning Commission or City Council. e. Existing Constraints and Opportunities: 1. Public Works: Creamline Park Subdivision AZ-06-048/PP-06-050 PAGE 4 CITY OF MERIDIAN PLANNI DEPARTMENT STAFF REPORT FOR THE HE *G DATE OF NOVEMBER 21, 2006 Location of sewer: There is currently a sewer trunk on the north side of this property and a sewer main in W. Franklin Road. Location of water: There is currently water main located in W. Franklin Road. Issues or concerns: 1.) Water main sizing. 2.) Flood plain. 2. Canals/Ditches Irrigation: The Eight Mile Lateral runs directly through this site. The applicant is proposing to cover this lateral as required by the UDC. 3. Hazards: A portion of the rear of this property lies within the 100 year flood plain. 4. Proposed Zoning: C -G (General Commercial) and I -L (Light Industrial) 5. Size of Property: 32.75 acres f. Subdivision Plat Information: 1. Commercial Lots: 4 2. Industrial Lots: 6 3. Total Building Lots: 10 4. Common Lots: 0 5. Other Lots: 0 6. Total Lots: 10 g. Landscaping 1. Width of street buffer(s): 25 feet (along Franklin Road) 2. Width of buffer(s) between land uses: 25 feet (to non industrial uses) 3. Percentage of site as open space: N/A h. Off -Street Parking: UDC 11-3C-6 requires one parking space for every 500 square feet of gross floor area in all Commercial Districts, and one parking space for every 2,000 square feet of gross floor area in all Industrial Districts. i. Summary of Proposed Streets and/or Access: One public street (North West 136i) is proposed for this project. This street is a cul-de-sac that extends from Franklin Road and runs north into the property for approximately 450 feet. Beyond the cul-de-sac the applicant is proposing a 500 foot drive aisle and cross access easement to provide access to the rest of the property that is not directly served by the cul-de-sac. The applicant is also proposing to construct two curb cuts that will allow for direct access from Franklin Road for Lots 2 and 10, Block 1. Please see Staff's Analysis below for more on the proposed access for this development. 7. COMMENTS MEETING On September 29, 2006, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Mixed Use Community" on the Comprehensive Plan Future Land Use Map. Mixed Use Community areas are anticipated to contain a variety of commercial and Creamline Park Subdivision AZ-06-048/PP-06-050 PAGE 5 CITY OF MERIDIAN PLANNINNEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21, 2006 residential uses (see Page 103 of the Comprehensive Plan.) The proposed Preliminary Plat includes four commercial lots and six industrial lots. The commercial lots are proposed in a C -G (General Commercial) zone and the industrial lots are proposed in an I -L (Light Industrial Zone). The Comprehensive Plan does not identify specific zoning districts that are allowed in the "Mixed Use Community" designation, but it does encourage transitional uses and flexibility. Staff believes that this property is in a transitional area of the city and that the C -G and I -L districts are appropriate, considering the current and potential neighboring uses. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): Chapter VII, Goal III, Objective A, Action 1 - Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner.- Sanitary anner.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 (ACIM). 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 6 - Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. Crean -dine Park Subdivision AZ-06-048/PP-06-050 PAGE 6 CITY OF MERIDIAN PLANNINREPARTMENT STAFF REPORT FOR THE HEA*G DATE OF NOVEMBER 21, 2006 The submitted preliminaryplat proposes one public street that terminates as a public street with a cul-de-sac, but continues on into a large Industrial development as an access easement. Although Staff is unsupportive of the proposed street layout, Staff believes that through some modification (described at length in section 10) that this subdivision could improve circulation and connectivity in this area of the city, if the conditions listed in Exhibit B are complied with. Chapter VI, Goal II, Objective A, Action 13 - Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. The submitted preliminary plat does not take advantage of the location of SW 12'h Street which is an existing local road across Franklin Street from this property. Staff is proposing that this local road be extended across Franklin to comply with this Goal and Action item (see Section 10). Chapter VII, Goal IV, Objective D, Action 2 — Restrict curb cuts and access points on collectors and arterial streets. As noted above, the applicant is proposing one public street connection to Franklin Road (an arterial street) and two curb cut driveways. Staff is not supportive of the proposed access and street design and describes an alternative plan in Section 10 of this report. Staff believes that direct lot access should be restricted for this project, and that the applicant should provide a more versatile public street system. Chapter VII, Goal IV, Objective C, Action 1 - Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing an industrial zone adjacent to various residences and a day care facility. Stafffinds that the industrial use can co -exist with these residential properties in the near vicinity if land use buffers are installed along the western property line as conditioned in Exhibit B. Chapter VII, Goal IV, Objective A, Action 2 — Encourage industrial development to locate adjacent to existing industrial uses. The land abutting this properties eastern boundary is currently zoned I -L within in the city. Staff believes that allowing for an I -L zone on the northern portion of the subject property is consistent with the comprehensive plan. Chapter VII, Goal IV, Objective A, Action 1 — Minimize noise, odor, air pollution and visual pollution in industrial development adjacent to residential areas. Currently there are various residential uses abutting the western boundary of this property. While these residences will most likely transition to commercial uses in the future, staff is still concerned about noise and other impacts an industrial development could have on these properties. The developer should take these residences into account when it considers users for the lots that abut homes. Staff makes recommendations in Section 10 and Exhibit B of this report to help minimize any potential conflict between uses. Chapter VII, Goal I, Objective E, Action 3 — Require industrial areas to create a site design compatible with surrounding uses (e.g. landscape, fences, etc.) and community design criteria. See analysis above. Creamline Park Subdivision AZ-06-048/PP-06-050 PAGE 7 CITY OF MERIDIAN PLANNINREPARTMENT STAFF REPORT FOR THE HEA*G DATE OF NOVEMBER 21, 2006 Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (UDC) lists various uses that are allowed in the C -G and I -L districts. b. Purpose Statement of Zone(s): GENERAL COMMERCIAL DISTRICT (C -G): 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: LIGHT INDUSTRIAL DISTRICT (I -L): The purpose of the I -L District is to provide for convenient employment centers of light manufacturing, research and development, warehousing, and distributing. In accord with the Meridian Comprehensive Plan, the I -L District is intended to encourage the development of industrial uses that are clean, quiet and free of hazardous or objectionable elements and that are operated, entirely, or almost entirely, within enclosed structures. Accessibility to transportation systems is a requirement of this District. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 1. AZ Application: Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested C -G and I -L zones are appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The annexation legal description submitted with the application (stamped on July 26, 2006 by D. Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Special Considerations: Compatibility With Surrounding Uses: The proposed zoning designations and concept plan submitted by the applicant show various industrial and commercial buildings proposed for this site. Staff is mostly concerned with the proposed industrial uses on Lots 3-5, Block 1 that will be adjacent to various existing homes and a day care facility. To help avoid potential conflicts between the existing residences to the west and the proposed industrial development staff believes that some of the principally permitted uses in the I -L zone should not be allowed on Lots 3,4, and 5, Block 1. These uses include vehicle impound yard, solid waste transfer station, recycling center, and major vehicle repair. Staff feels that these uses are too intense to be located adjacent to residences. Staff also believes that no that no trash compactors, loading areas, docks, or bays should face the western property line on Lots 3,4, and 5, Block 1. Creamline Park Subdivision AZ-06-048/PP-06-050 PAGE 8 CITY OF MERIDIAN PLANNINREPARTMENT STAFF REPORT FOR THE HEAG DATE OF NOVEMBER 21, 2006 Development Agreement: UDC 11 -5B -3.D.2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan designation and 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 8884433 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 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 uses shall not be allowed on Lots 3,4, and 5, Block 1: a. Vehicle impound yard b. Solid waste transfer station c. Recycling center d. Vehicle Repair, major • That no trash compactors, face the western property line on Lots 3,4, and 5, Block 1. • That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. • That the design and architecture of any future buildings on this site be generally consistent with the ten nhotogranhs submitted by the annlicant labeled "Design Goals — Creamline Park Subdivision" 2. PP Application: Upon modification per the conditions listed in Exhibit `B", Staff believes that the proposed preliminary plat will substantially comply with the Unified Development Code. a. Special Considerations: Street Design: From the initial pre -application meeting for this project Staff has been concerned about access and circulation on this site and in this area. In the pre -application meeting the applicant proposed a single public road/cul-de-sac that extended deep into site Crean line Park Subdivision AZ-06-048/PP-06-050 PAGE 9 CITY OF MERIDIAN PLANNINOEPARTMENT STAFF REPORT FOR THE HEAPG DATE OF NOVEMBER 21, 2006 (approximately 800 feet). Staff informed the applicant that such a street design did not meet the city's subdivision and street standards as described in UDC 11 -6C -3B4. This regulation specifically limits cul-de-sac or dead end streets to a maximum of 450 feet. The purpose of the maximum length requirement for cul-de-sac and dead end streets is to encourage developments to provide adequate public circulation in and through any development project. Staff voiced these concerns, and requested that the applicant redesign the site to provide for better circulation and access to such a large development. In response to these requests, the applicant submitted the preliminary plat and concept plan that is included in this report (see exhibit A). As the plans show the primary access to this development is still a single cul-de-sac street that has been reduced in length from the original proposal to meet the 450 foot maximum length requirement. The proposed industrial lots (4-7) at the north end of the property are anticipated to take access off of an approximately 500 foot driveway and cross access easement that is extended from the northern terminus of the cul-de-sac to Lots 4-7, Block 1. While this configuration is not strictly prohibited by the UDC, staff is still concerned about the lack of access and public street circulation on this site. Although the applicant is meeting the cul-de- sac length requirement as described in the UDC, staff believes that the intent of that requirement is not being met. In other words when the proposed cul-de-sac is combined with the proposed private driveway easement the result is a 900 foot street/driveway that dead ends, and a 32.75 acre development which takes primary access from a 450 foot cul-de-sac. To remedy this Staff proposes the following: That the applicant provides two public street access points to this property along Franklin Road. Staff suggests that these two access points be linked by a public street that would loop into the proposed development. Staff proposes that eastern public street access point be an extension of the existing SW 12'' Street which currently intersects Franklin Road across from the south east corner of this property. This extension of SW 12`h Street could be brought north into the property across the Eight Mile lateral, and then looped around to reconnect with Franklin Road at a location to be determined by the Applicant and ACRD. This U shaped loop would provide two separate points of access into this project and increase the public street circulation pattern in this area. The extension of SW 12th street across Franklin Road would also provide access for the parcel (#S1212346615) to the east when they develop in the future, without the necessity of an access point on Franklin Road. Staff presents this as one possible option that would provide greater access to this development. Other solutions could be developed by the applicant that could increase public and emergency access into the site. Staff is not recommending a stub street to the east due to the lack of any outlet in that direction. Likewise, Staff is not recommending a stub street to the west, to be connected with Linder Road, due to the size and configuration of the bordering lots. If a stub street was provided to the west it would cover an entire lot, if and when it was extended. A westerly stub street would also allow for unnecessary cut through traffic between Linder Road and Franklin Road. Access: Staff also has concerns about direct lot access to Franklin Road, which is classified as an arterial street on the adopted Functional Street Classification Map. As proposed the applicant shows Lot 2 and 10, Block 1 with direct access to Franklin Road. Chapter VII, Goal VI, Objective D, Action 2 of the Comprehensive Plan says that curb cuts and access points should be restricted along arterial and collector streets. Staff believes that direct lot access to Franklin Road should be restricted for this development. Staff believes that the applicant should provide a cross access easement to the Thornton property (parcel #1212336030) to the Creamline Park Subdivision AZ-06-048/PP-06-050 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEA*G DATE OF NOVEMBER 21, 2006 west. Staff believes that providing cross access to this property is important due to its limited frontage (340 feet) on Franklin Road and proximity to the intersection of Linder and Franklin Roads. Compatibility/Landscape Buffer to Adjoining Uses: The concept plan submitted by the applicant shows various industrial and commercial buildings proposed for this site. Staff is mostly concerned with the proposed industrial uses on Lots 3-5, Block 1 that will be adjacent to various existing homes and a day care facility. UDC Table 11-2C-2 requires a 25 foot wide landscape buffer to non -industrial uses in the I -L zone. Staff believes that this buffer will help to mitigate the inherent difference between the existing and proposed uses. Beyond this landscape buffer, staff also believes that no that no trash compactors, loading areas, docks, or bays should face the western property line on Lots 3,4, and 5, Block 1. Landscaping: The landscape plan prepared by G. Gensen, on 8-10-06, is approved with the following modifications/notes: • Per UDC 11-213-3, a 25 -foot wide landscape buffer should be provided along Franklin Road that meets the standards outlined in 11-3B-7. • Per UDC Table 11-2C-2 construct a 25 -foot wide landscape buffer on Lots 3- 5, Block 1, along the west property line. Said buffer should be constructed in accordance with UDC 11-313-9. Said buffer should be installed prior to occupancy of the future use on the individual lot(s). • Per UDC 11-313-10, 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). Fencing: The submitted preliminary plat shows existing fencing around most of the site. The applicant did not make it clear if this fencing was to remain or be removed. Staff recommends that the applicant clarify, at the public hearing what the fencing plan is for this site._A detailed fencing plan should be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter fencing shall be designed according to UDC 11-3A-7. Ditches, Laterals, and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of any natural waterways that intersect, cross or lie within the area being subdivided shall be covered. The Eight Mile Lateral traverses this site. This lateral should be covered as required by the UDC. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, Creamline Park Subdivision AZ-06-048/PP-06-050 PAGE I 1 CITY OF MERIDIAN PLANNINOEPARTMENT STAFF REPORT FOR THE HEA*G DATE OF NOVEMBER 21, 2006 pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. b. Staff Recommendation: Staff recommends approval of the subject applications AZ -06- 048 and PP -06-50, with the conditions listed in Exhibit B of the Staff Report for the hearing date of October 19, 2006. The Meridian Planning and Zoning Commission heard these items on October 19, 2006. At the public hearing they moved to recommend approval. The Meridian City Councll heard these items on November 21, 2006. At the publi Baring they approved the proiect with changes 11. EDITS A. Drawings 1. Preliminary Plat (dated: 7-31-06) 2. Landscape Plan (dated: 8-10-06) 3. Concept Plan (dated: 8-10-06) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department 9. Nampa and Meridian Irrigation District C. Legal Description D. Required Findings from Unified Development Code Creamline Park Subdivision AZ-06-048/PP-06-050 PAGE 12 CITY OF MERIDIAN PLANNINOEPARTMENT STAFF REPORT FOR THE HEA*G DATE OF NOVEMBER 21, 2006 A. Drawings 1. Preliminary Plat (dated: 7-31-06) Exhibit A — Page 1 a . II. it II I..... -.;;w° me a M°]CS: I ICF 0�°6E 4 � i I CITY OF MERIDIAN PLANNINVEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21, 2006 2. Landscape Plan (dated 8-10-06) 3084 EAST LANARK MERIDIAN, IDAHEI 83642 Exhibit A — Page 2 - qn CITY OF MERIDIAN PLANNINOEPARTMENT STAFF REPORT FOR THE HEAPG DATE OF NOVEMBER 21, 2006 3. Concept Plan (dated: 8-10-06) Exhibit A — Page 3 CITY OF MERIDIAN PLANNIAEPARTMENT STAFF REPORT FOR THE HEA*G DATE OF NOVEMBER 21, 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 8884433 to initiate this process. 1.2 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT (PP -06-050) 1.2.1 The preliminary plat labeled as PP -1, prepared by Bailey Engineering, Inc., dated July 31, 2006 is approved, with the conditions listed herein. All comments and conditions of the accompanying Annexation and Zoning (AZ -06-048) application shall also be considered conditions of the Preliminary Plat (PP -06-050) 1.2.2 The applieant shall pr-ev4de twe publie stFW aeeess points to tMs pfepeFty along Ffanklin Read. These twe stfeets sh" be linked tegethff by a publie stmet d3at loops into the proposed ,7eye1e«.„ Ye«t .,thes the Eight Mile Lateml. One of these pub.l;e s#eet aeoess points ,.L.a ,.1:,... v..;tl, QII7 1 "1 vica-p-�-zz aeeess to the nefth side of th Eight Mile if fequifed by the Commission. Submit 1 0-fid4 f a plat t t 10 a t the City n 1 9iz�-FA�42S 9$2-8 SJ'� " C-9p�6the -i$V4S2crpzarar�i�zv-aup.rpr:vrcv-mccny--a�vaava 1.2.3 The appheant sW1 preN4de—a emss aeeess easement to The-m—ten pfepeft -P'FeeI #1212336030) to the west. Said easement shag eithef be r-eeor-ded prior- to signatwe of the plat by the City Engineer-, an&OF be ;eted on the Fee of the fif 1 plat. plat. 1.2.4 The ree„...1pl;t sL1 p!e.:,le a 25 feet wide 1andseape 1.W « along the , este«. boundary of b,.t,. 1, let, to f the building L let. 1����@� A$�s^oazvc�i:vrzv vcoapaac�vrcac o'c$ixamg-Sirestatrteit 1.2.5 No trash compactors, shall face the western property line on Lots 3- 5, Block 1. 1.2.6 The landscape plan prepared by G. Gensen, on 8-10-06, is approved with the following modifications/notes: • Per UDC 11-2B-3, a 25 -foot wide landscape buffer shall be provided along Franklin Road that meets the standards outlined in 11-3B-7. • The applicant shall submit an alternative compliance application to reduce the 25 foot buffer between land uses on the western property line to a ten fiw foot landscape buffer with a six foot vinyl fence • 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, if applicable. • 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. Exhibit B — Page 1 CITY OF MERIDIAN PLANNINNEPARTMENT STAFF REPORT FOR THE HEA*G DATE OF NOVEMBER 21, 2006 Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. The proceeding modifications and notes should be shown on a revised landscape plan submitted with the final plat application(s). 1.2.7 ,i lie heafiRg, w4 t"e of fmeiag will be inswied with *As development: A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. All fencing shall be designed according to UDC 11-3A-7. being dam ' ��Eevg �60 approved by the appropriate irrigatioaldminage. district, or lateral usm asseeiation (di" evmers)' --" wri#m app -m-1 @--r- --On approval sub--i-M-d '-@ the - 3uli� WAA-c Departmem, H 1&40W ?as__ Q00AA;Q*ing Q'Weatel can a@4 be obtained, akovew p6m -11 be roN4- approved by the Gity Engi—new prior- to final plat 1.2.9 Underground, pressurized irrigation must be provided to all lots within this development. 1.2.10 The applicant will pursue obtaining emergency access on the north property line prior to the City Council Hearing for this project. The applicant shall report their fmdings concerning this possible emergency access to the City Council during the public hearing. 1.2.11 The preliminary and final plats shall depict a shared driveway and cross access easement for Lot 10 Block 1 such that it shares a single access to Franklin Road with the property to the east. 1.2 GENERAL REQUIREMENTS—PRELIMINARY PLAT (PP -06-050) 1.2.1 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application(s). 1.2.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.3 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2.4 Staff's failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.2.5 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 located on the north and south of this project. 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 Exhibit B — Page 2 CITY OF MERIDIAN PLANNIAEPARTMENT STAFF REPORT FOR THE HEARII G DATE OF NOVEMBER 21, 2006 Public Works Departments Standard Specifications. 2.2 The preliminary plat depicts a sewer main being installed in the landscape buffer. Per City of Meridian's standard form of easement no trees shall be allowed within the required 20 -feet of easement. The applicant shall coordinate with Planning to comply with this condition while still complying with all landscape ordinance. 2.3 Water service to this site is being proposed via extension of mains in W. Franklin Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.4 A water connection to the blow -off stubbed to this property from parcel #1212346667 shall be required. 2.5 The water main depicted from being installed from W. Franklin Road to the northern portion of this property shall be upsized to a minimum of 10 -inch main. 2.6 A portion of this site is within a FEMA floodplain zone A. The applicant shall be responsible to determine the Base Flood Elevation, and if any lots are within the flood plain those buildings shall provide Base Flood Elevation Certification prior to building permits being issued. 2.7 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. 2.8 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). 2.9 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then evidence of a license agreement shall be submitted prior to scheduling of a pre -construction meeting. 2.10 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, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.11 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. 2.12 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. 2.13 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.14 The preliminary plat shows the Eight Mile Lateral as being left open. City code requires that ditches be tiled unless they are used as a water amenity or linear open space, or if the Council Exhibit B — Page 3 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEARG DATE OF NOVEMBER 21, 2006 finds the public purpose is not served by tiling this ditch. The council can also waive this requirement on large capacity facilities (48 -inch has been the rule of thumb). If the large capacity argument is going to be used, the applicants engineer shall submit documentation supporting this assertion prior to the City Council hearing. 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 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.17 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 Sewer, water, pressurized irrigation, and any life safety development improvement shall receive final approval prior to occupancy. Other required development improvements, such as fencing, micropaths, and landscaping may be bonded for 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 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 are located on or near 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 are set a minimum of 3 -feet above the highest established peak groundwater elevation. 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 Exhibit B — Page 4 CITY OF MERIDIAN PLANNIAEPARTMENT STAFF REPORT FOR THE HEA*G DATE OF NOVEMBER 21, 2006 expense. Typical locations are at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 3. Fire Department 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. C. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 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 tum around. 3.4 An approved fire department turnaround shall be constructed line (Lets ` and 6, Bleek I-) at the northern terminus of the proposed cross access easement that extends north from the cul-de-sac. This turnaround shall be generally located near the southern boundaries of Lots 5 and 6, Block 1. This turnaround shall be fully accessible by emergency vehicles. 3.5 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.6 Requirements for dead-end fire apparatus access roads that are between 500'-750' in length. 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 26' wide. Streets with less than a 35' street width shall have no parking. Streets with less than 39' shall have parking only on one side. These measurements shall be based on the face of curb dimension. Special approval required over 750' IFC Table D103.4. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.7 For all Fire Lanes, provide signage "No Parking Fire Lane". 3.8 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.9 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. Exhibit B — Page 5 CITY OF MERIDIAN PLANNINOEPARTMENT STAFF REPORT FOR THE HEA*G DATE OF NOVEMBER 21, 2006 3.10 The 4 office/commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.11 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.12 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.13 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 M). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.14 There shall be a fire hydrant within 100' of all Fire Department connections. 3.15 Buildings over 30' in height are required to have access roads in accordance with Appendix D Section D105. 3.16 This project will be required to provide a 20' wide swing or rolling emergency access gate. The gate shall be equipped with a Knox box Padlock which has to be ordered thru the Meridian Fire Department. 3.17 Please contact the Fire Marshal at 888-1234 to work specific issues associated with this project as soon as possible. 3.18 The Fire Department reserves the right to restrict future uses that involve flammable and hazardous materials in areas that are only served by one access. This condition shall only apply to lots 4, 5, 6, and 7, Block 1 as shown on the preliminary plat. 3.19 The Fire Department is concerned about adequate fire hydrant flow in this area. The applicant shall ensure that all fire hydrant flow specifications are achieved. 3.20 The applicant must provide fire department approval of any uses north of the creek (Lots -3-4 4.5.6. Z, Block 1) prior issuance of a Certificate of Zoning Compliance for any use or structure in this area. 4. Police Department 4.1 The Police Department is concerned about the single access that is provided to the industrial lots at the rear of this property. 5. Parks Department Exhibit B — Page 6 CITY OF MERIDIAN PLANNINOEPARTMENT STAFF REPORT FOR THE HEA*G DATE OF NOVEMBER 21, 2006 5.1 The Parks Department has no concerns with the site design as submitted with the application. 6. Sanitary Service Company 6.1 SSC did not provide comments related to this application. 7. Ada County Highway District Site Specific Conditions of Approval 7.1 Construct the internal street, NW 13th Avenue, as a 41 -foot street section with vertical curb, gutter, and 5 -foot attached concrete sidewalk, within 54 -feet of right-of-way, located approximately 400 -feet east of the west property line. 7.2 Construct a standard cul-de-sac turnaround at the terminus of NW 13th Avenue with a minimum turning radius of 45 -feet. 7.3 Driveway access to NW 13th Avenue should be located a minimum of 50 -feet (measured near edge to near edge) from the intersection with Franklin Road, be paved the entire width, and at least 30 -feet intro the site. Commercial Driveways should be no greater than 36 -feet wide, and industrial driveways should be no greater than 40 -feet wide. 7.4 Relocate the westerly (closest to the intersection with Linder Road) driveway to take access from NW 13th Avenue; OR construct a shared right-inhight-out driveway at the west property line with a 6 -inch raised median installed in the middle of Franklin Road to restrict turning movements. 7.5 Relocate the easterly driveway on Franklin Road to NW 13th Avenue, in compliance with District policy requirements; OR shift the driveway to align with 12th Avenue to the south thereby providing a shared access for the parcel to the east. 7.6 Provide an easement for the existing sidewalk on Franklin Road, if one does not already exist. 7.7 Other than the access point(s) specifically approved with this application, direct lot access to Franklin Road is prohibited. A note regarding this access restriction will be required on the final plat. 7.8 Comply with all Standard Conditions of Approval. Standard Conditions of Approval 7.1b Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.2b Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.3b All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. Exhibit B — Page 7 CITY OF MERIDIAN PLANNIPEPARTMENT STAFF REPORT FOR THE HEA*G DATE OF NOVEMBER 21, 2006 7.4b Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.5b Comply with the District's Tree Planter Width Interim Policy. 7.6b Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.7b All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.8b The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.9b Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.10b Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.1 lb 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 DIGLE* E (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. 7.12b No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.13b Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. Central District Health Department Exhibit B — Page 8 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEA#G DATE OF NOVEMBER 21, 2006 8.1 After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito breeding problem. 9. Nampa and Meridian Irrigation District 9.1 Applicant shall apply for a land use change application prior to final platting. 9.2 All laterals and waste ways must be protected. 9.3 All easements must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 9.4 All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 9.5 The Developer must comply with Idaho Code 31-3805. 9.6 NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Exhibit B — Page 9 CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE HEA*G DATE OF NOVEMBER 21, 2006 C. Legal Description IDAHO 1450 East Watertower St. Suite 150 SURVEY Meridian, Idaho 83642 GROUP Phone (208) 846-8570 Fax (208) 884-5399 Project No. 06-210 Creamline Park Subdivision Annexation Description July 26, 2006 A parcel of land located in the West %a of the SW 1/4 of Section 12, T.3N., R.1 W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the Southwest comer of said Section 12, from which the K comer common to Section 13 and the said Section 12 bears South 89°15'24" East, 2651.28 feet; Thence South 89°15'24" East, 353.08 feet to the REAL POINT OF BEGINNING. Thence North 00'43' 10" East, and along the East line of Heppers Acre Subdivision, as same is recorded in Book 19 of Plats at Page 1298, records of Ada County, Idaho, a distance of 1476.50 feet to the Northeast comer of said Subdivision lying on the South right-of-way of the Union Pacific Railroad; Thence along said right-of-way South 8830'36" East, 968.15 feet; Thence departing said right-of-way South 0032'36" West, 1463.89 feet to the West 1/16 comer common to said Sections 12 and 13; Thence North 89°15'24" West, 972.56 feet to the Point of Beginning. Containing 32.75 acres, more or less. Exhibit C - Page 1 Prepared By: Idaho Survey REVIEW A` pROVati 4�-_.�Y__ a 4 4 1 TIC D. Terry Peugh, PLS Professional Land Surveyors CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEA#G DATE OF NOVEMBER 21, 2006 .61IT"t AA.K,Z£ NQS Exhibit C - Page 2 1 I 1 j 1 ' I I I w i O V I �! Ui C 999 a cp cp I Lu WI LL WLLJ z o � I I I ui 1'' O Z I � 1 LLJ IS Z I' O C¢) r �I I ZZs I U) p� Exhibit C - Page 2 3.0t,£f.00N I w i O V p :2m �! Ui C 999 a cp cp I A C LL WLLJ z o � O CN ui 1'' O Z u LLJ W o O C¢) r �I I p = U) p� W Z. _j �o _ I �l� c I IA N Exhibit C - Page 2 CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE HEAVG DATE OF NOVEMBER 21, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone the subject property to C -G and I -L. Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that future development of this property will comply with the established regulations and purpose statement of the C -G and I -L zones, if the applicant enters into a development agreement with the city. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare, if the applicant enters into a Development Agreement with the City and complies with the conditions listed in Exhibit B of the Staff Report. 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 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. 5. The annexation is in the best of interest of the City (UDC 11 -5B -3.E). The C -G and I -L zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity, and transitions well to the future development in the vicinity. Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, Council fords that Annexation and Zoning of this property to C -G and I -L 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 OF MERIDIAN PLANNINti DEPARTMENT STAFF REPORT FOR THE HEAVG DATE OF NOVEMBER 21, 2006 Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, and Analysis, Section 10 of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services are available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their 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 finding Items 3 and 4 above under Annexation Findings, and the Conditions of Approval in Exhibit B for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACHD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 6. The development preserves significant natural, scenic or historic features. 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. E December 1, 2006 MERIDIAN CITY COUNCIL MEETING December 5, 2006 APPLICANT ITEM NO. 5-E REQUEST Water Main Easement Agreement for Centrepointe Subdivision PI Connection by Blue Marlin Investments, LLC 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 property of the City of Meridian. e 0 City Of Meridian, Public Works InterOMce Memo ,rrU Tat Tara Green 20 Ir w s Karle Glenn jwt# of Meridi em t*verk WI CO Dow 12/14/2006 Rik C nal / Recoi ded Docs for, Vault : Blue Marlin CenteMeinte Sub PI 1061943444 12/14/2006 WATER Investments Connection easement :a Frdn#Wditk c t.-.. KwbAGbM D* spwwI4Sidpe *" Pub b Waft En*ee ft DvWw 660 E Welt~ Ste 200 *Ww. klei*WW 2600 (208) �8-5500 Fac (2Q8) 8M-6C%�i1 0 Pegs 1 A COUNTY RECORDER J. DAVID NAWM0 .01 5 900Z311/1 i OISE IDAHO 12MUS 01:M PM DEPUTY tilield Allen RECORDED -REQUEST OF III IlII�II�II�I�Illl�ll�ll�llll III'I City of Milian 1061'��3� 4 i WATER MAIN EASEMI NT THIS INDENTURE, made this day of Novcrnbor, 2406 between Blue Marlin investments, LLC, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and tr.vl WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of thebtnefits tube receivio by the Grantors, and other gtid_d and valuable consideration, the Grantors do hereby give, grant and conveyunto the Grantee the right- of-way ightof-way for an-eksement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) Thr easement herthygrant0d is for th8 purposE of construction and operation ofa water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of acmes to such facilities at any and all ti oNs. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and betwaen the parties hereto, that after construction, malting repairs, performing other maintenance or malting subsequent connection to the water line, Grantee shallrestore the area of the easement and adjacent properly to that existentprior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed their in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said casement, for the purposes stated herein. "k% THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or he within the boundaries of any public street, then, to such bxteht, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof', shall cease and become null and void and of no further effect and shall be completely relinquished. 4: Water Main Easement r - 7 Tn 7 0FR-T Cross Comifadoc LAX rr. ;�.��.� ". K� :.rg��•w.s'�!' :� •-.gl;Y.�?1tK!� :!d tR kE��31k�'�'d: Hk s M THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized ander of the aforementioned and described tract of land, and that they have a good and lawful right to convey. . said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS SOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. STATE OF IDAHO ) )55 County of Ada ) IT On this t 5 day of November, 2006, before me, the undersigned, a Notary Public in and for said State, personally appearea Winston H. known or identified to sue to be the Manager of Blue Marlin Investments, an Idaho Limited Liability Company who executed this instrument on behalf df said Limited Liability Company, and acknowledged to me that said Limited Liability Company 4 executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yea* fist above written. ,����1111111iugyi/ tS$ I.•R\E L 0'.WE Iy•�� Residing yOTAR s • = Commission PUBLIC 1 pov k Water Main Easement e 3 A: Cross Connect doc M 0 :1 GRANTEE: CITY OF MERIDIAN Tammy de Weerd, J_ . I Attest by William G. Beth Approved By City Council On: O HAL ;Lau. 0 STATE OF ]IDAHO, ) ) County of Ada OnViisday of a.Uv-6x/L- - 2006,beforgme, the undersigned, a Notary public in and for saidState, personally appeared TAMMY de WEERD and WILLIAM G. BERG, M, known to me to be the Mayor and City Clerk respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. fast INwnmsS WHEREOF, I have hereunto set my hand and affixed my official sea] the day and year f above written. . PA024. NOTARY 0 (SEAL) AJIDAHO t Residing at- _01114- Commission Exp asement Cross Con W im • A ft November 13, 2006 r 0 NMI NO Quadrant Consulting, Inc. 70 M EXMIT A WATER LINE EASEMENT CENTREPOINTE SUBDIVISION A water line easement situated in the Southeast fw of Section 32, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Southeast corner of said Section 32; thence along the South line of said Section Norah 89°44'39" West 257.71 feet, thence leaving said South line Nbrth 00°15'21" But 44.00 feet to the North Right -Of -Way line of East Ustick Road, thence North 08°51'38" East 36.70 feet to the POINT OF BEGINNING; thence 'y 1 North 00000'00" East 14.76 feet, thence South 90000'00" East 20.00 feet, thence South 00°00'00" West 14.76 feet, thence North 90°00'00" West 20.00 feet to the POINT OF BEGINNING. 16 'Said easement contains 295 square feet and is subject to easements of record and use. S s :a u a M 4 �d .1904 W. Overland • Boise. ID 83705 • Phone (208) 342-0091 • Fax (208) 342-0092 • Email: quadrant@quadront.cc Civil Engineerings • Surveying • Construction Management r� 4 - RA u } j y y V :a u a M 4 �d .1904 W. Overland • Boise. ID 83705 • Phone (208) 342-0091 • Fax (208) 342-0092 • Email: quadrant@quadront.cc Civil Engineerings • Surveying • Construction Management r� 4 - RA u m m 70 o 0!2 zij m m �Z. _2 D M r rr c �d m co m� r,o M z --1 0 M .:og V I p d� I a'� I m z N00' 15'21 E • _ _ 44.00' ' N08'g1 ;38 36.70' 1 1 I I D i I��iyZg�y�_ptee � t� usna atss � g R.. �— E• 1 I rnSuq Ch (Nk rn z I rn rn2 to 1 0 ( o n I ZNcn2 ~ c0o cflo�oo � W rn ( 0000 �rn N _. I rn 0 0 0 0 C 1 ~ I O:1sha O?2 O N O V O 0M0Cb w I I --------------------- O � .h 1 y NE a � w � I �Q - EAGLE ROAD HWY. 55 Imvwg *I rig o 0 n A. M 1 ,. 8 r ia UUMIan Cky COUMN Dscen*W 5,2006 PaWl0 29 acres in a proposed C -G zone for Croandine Park subdivision by Creamline Associates, LLC —1200 West Franklin Road: by Blue Marlin Investments, LLC: F. SHP 06-010 Request for a Short Plat to Create 2 Commercial building lots on 2.61 aores in a C -G zone for Halker Subdivision by Hawkins Companies — 3150 West Cherry Lane: G. Approve Bl. d i Conlunction vtl Pro ect: I. Approve Contra Construction for Flre Protetlon District for Modification of the Method used to determine the Contract Service Fee and the Capital Outlay Expenditure for 2006=7 Fiscal Year. IG Invoices for New City Hall Project for Ideal Demolition Servide Invoice No. 0601238 for 1$219,408.20: Petra, Inc. Application No. 001 CM Fele 1$57,400 Petra, Inc. Application No. 001 CM Reimbursable $71,001.67 N Anvil Fence Company Invoice No. 16289 for 0999.80 De Weerd: Okay. Item No. 5, Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent Agenda, item H, the contract with Owyhee Construction has been asked to be pulled until December 12th, 2006. And With that I move that we approve the rest of the Consent Agenda and for the Mayor to sign and the Clerk to attest on all papers. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the agenda as -- or Consent Agenda as changed. If there is no discussion, Mr. Berg, will you call roll. �J Maddlen CRV council Dow~ S, 2(O 1W;4 of 29 Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Planning Department r1 L 1. Blueprint for Good Growth Update: De Weeed: Okay. Under six, Department Reports. Anna. Canning: Madam Mayor, Members of the Council, I felt it important to give you an update ars the Blueprint For Good Growth process and document at this point, because I need some direction. Generally in the past I have been fairly comfortable about where the city leaders would want to take the city with regard to this, so 1 haven't come to you very often, but I need your help. To give you a little bit of background, the consortium, which is kind of the representation by the elected bodies for Blueprint For Good Growth, has conceptually approved the Blueprint For Good Growth document, the plan as it were, and at that meeting each mayor promised to not annex outside a 20 year area of city impact and ithis was a very important component of that approval or that — working together, that not annexing into someone else's territory or what's perceived as their future areas of growth was very important and everyone recognized, though, that you would need a 20 year area of city impact, which we currently don't have. We have about a ten or five year area of city impact. In addition to that, each of the elected officials expressed support fcF the plan and in moving forward and especially they all agreed that there is a need to fix the way that ma do the area of city impact negotiation process. Both the county and each mayor agreed that it was a broken system and needed to be fixed and agreed that that may need to include fixes in the state code as well. So, that kind of ended the first phase of Blueprint For Good Growth and from that phase we move forward into the implementation phase. And, again, this implementation phrase has always been my focus, because I want the growth management ordinances, the concurrent ordinances, things like that. So, that's been my focus and what I wanted to get out of this and making sure that the plan as it moved forward accommodated that. Then, about a month ago Dr. Freilich produced two documents, both without — one with regard to the area of city impact proem and one with regard to an intergovernmental agreement for the specifics of the implementation phase. And I'd like to talk about the area of city impact negotiation one first. This document was produced vridvxA talking to the cities in a special -- you know, getting the cities together, getting the county together or anything, it just showed up. It completely missed the mark. I can't tell you how disappointed I was and I actually just got to about the first half of page and quit reading, because it was so far off the mark. It didn't address a single one of the issues that any of us had raised and, in fact, it asked the city to give up what poorer it has now. It asked you to give up your ability to annex property, whether or not it's inside an area of city impact, to give that up, to say, no, we will leave it to the county. So, in return for giving that up, all we got was a more bureaucratic process, not less bureaucratic. It didn't fix a December 1, 2006 SHP 06-010 MERIDIAN CITY COUNCIL MEETING December 5, 2006 APPLICANT Hawkins Companies ITEM NO. 5-F REQUEST Request for a Short Plat to create 2 commercial building lots on 2.61 acres in a C -G zone for Halker Subdivision -- 3150 West Cherry Lane AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT. CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST. INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See attached See attached Staff Report OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of fhe City of Meddlan. CITY OF MERIDIAN ANNING AND PUBLIC WORKS DEP*MENTS STAFF REPORT STAFF REPORT: TO: Anna Canning, Planning Director FROM: Jenny Veatch, Assistant City Planner DATE: November 30, 2006 SUBJECT: Halker Short Plat ZVI �ur°��sea a b „e, �v NOV 3 0 2006 City Of Meridian City Clerk Office Request for Short Plat Approval of Halker Short Plat Consisting of 2 Commercial Building Lots on 2.61 Acres in a C -G Zone by Hawkins Companies (File# SHP-06-010) We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Hawkins Companies, has applied for short plat approval of 2 commercial building lots on 2.61 acres in a C -G zone for Halker Subdivision. Halker Subdivision is located on the west side of N. Ten Mile Road and north of W. Cherry Lane at 3150 W. Cherry Lane, in the southwest'/4 of the southwest %4 of Section 2, T.3N., R.1W. The subject property meets all of the applicability requirements as stated in UDC 11 -6B -5A and is eligible to be processed as a short plat. Staff recommends approval of Halker Short Plat with the comments and conditions stated in this report. REQUIRED FINDINGS FROM UDC 11-6B-6 In consideration of a short plat, the decision-making body shall make the following findings: I1v B. The plat is in conformance with the Comprehensive Plan; The Comprehensive Plan designates the future land use of this property as C -G (General Retail and Service Commercial). The current zoning district of the proposed subdivision is C -G (General Retail and Service Commercial). The proposed subdivision plat complies with the Comprehensive Plan. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that public services are available to accommodate the proposed development. Water and sewer services are proposed to be extended into each lot from adjacent streets. Fire, police, solid waste and irrigation services are all adequate. The adjacent public roadways have been completed to the required design and approach standards. SBP -06-010 Halker SHP.doc PAGE 1 CITY OF MERIDIAN INNING AND PUBLIC WORKS DEP&MENTS STAFF REPORT C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvements program; Staff finds that the subdivision will not require the expenditure of capital improvement funds. All sewer and water extension for this area were planned to be developer driven. All required utilities are either in place or will be the responsibility of the developer. D. There is public financial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for providing supporting services. The developer and/or future lot owners will finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the future residents will be fire and police services. E. The development will not be detrimental to the public health, safety or general welfare; and Staff recognizes the fact that traffic and noise may increase with the approval of this subdivision; however, staff does not believe that any additional amount generated will be detrimental to the general welfare of the public in the surrounding area. Staff finds that the development of this site will not involve uses that will create nuisances that would be detrimental to the public health, safety or general welfare. F. The development preserves significant natural, scenic or historic features. Staff is not aware of any significant natural, scenic or historic features associated with the development of this site that the Director and City Engineer should be aware of. PLANNING & PUBLIC WORKS DEPARTMENT - SITE SPECIFIC CONDITIONS Water and sewer services to both lots were approved and are being installed with the Walgreen's building on this site. 2. For all private roadways, driveways, and as each lot develops a drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 3. Revise the face of the plat to read, "Short Plat Showing". 4. Temporary construction fencing to contain debris shall be installed around the perimeter of the subdivision or on the individual lot being built upon. The landscape plan, prepared by BRS Architects and dated October 11, 2006, shall be revised as follows: a. Add one tree for each landscape planter in Lot 2, Block 1. b. Verify the number of trees to be mitigated with City of Meridian arborist Elroy Huff and note consistently in Landscape Planting Notes and Requirements. SBP -06-010 Halker SHP.doc PAGE 2 CITY OF MERIDIAN INNING AND PUBLIC WORKS DEAMENTS STAFF REPORT 6. Underground year-round pressurized irrigation must be provided to all lots within this development. The application has proposed City of Meridian potable water as the main source. Per MCC 9-1-28 use of non -potable irrigation water is required when determined to be available by the Public Works Department. Prior to signature on the plat the applicant shall be required to submit proof that this property has no irrigation rights, and if that is the case then they shall be allowed to use City Water as the main source, providing they pay well development fees as outlined in the UDC. If surface water is deemed to be available the applicant shall install a pressurized irrigation system to service all lots within this subdivision. 7. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11 -3B -6-D). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 8. Graphically depict on the plat the 25 -foot wide landscape easements for the buffers along N. Ten Mile and W. Cherry Lane. 9. Submit documentation that the Ada County Surveyor has approved the name for this plat. 10. Graphically depict the "Real Point of Beginning" on the face of the plat. 11. Revise or add the following notes on the face of the plat: *.) Individual lot owners are responsible for maintenance of any irrigation/drainage or ditch crossing their lot unless such maintenance is assumed by an irrigation/drainage district or association. *.) Bottom elevation of structural footings shall be set a minimum of 12 -inches above the highest established normal ground water elevation. 12. Complete the Certificate of Owners. 13. Comply with all conditions of the Ada County Highway District as they relate to this short plat. 14. Staff's failure to cite specific ordinance provisions of the Unified Development Code does not relieve the applicant of responsibility for compliance. GENERAL CONDITIONS All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4- 13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternative plans will be reviewed and approved by the Meridian City Engineer prior to construction plan approval. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, etc., prior to signature on the final plat. All development improvements, including but not limited to water, sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. SBP -06-010 Halker SBP.doc PAGE 3 CITY OF MERIDIAN INNING AND PUBLIC WORKS DEP&MENTS STAFF REPORT 4. 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. 5. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 6. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 7. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 8. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 9. Plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 10. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. POLICE DEPARTMENT COMMENTS None. FIRE DEPARTMENT COMMENTS 1. None. STAFF RECOMMENDATION Staff recommends approval of the short plat for Halker Short Plat (SHP-06-010) with the above stated comments and conditions. .M 01 I : Y Ify Submitted Short Plat (dated January 27, 2005) 2. Landscape Plan (dated October 11, 2006) SBP -06-010 Halker SBP.doc PAGE 4 CITY OF MERIDIAN INNING AND PUBLIC WORKS DEPI&MENTS STAFF REPORT Submitted Short Plat 3 d i o� -- m ?3 : t Y � b w bviP6Y f" id9iY^' i--i"�"� ju a I x mm 4 Z N I N �1 I Ln0 I 4 z DO' zZ= mil D DNS r�� rn D 1 O5 .w m IV y -.-q`L -i o w cn Q m o n Z ,� (y = j z rnO- O t i m 3 ti 0 s �-I 2 �I - rr^^ • __ __—S ODY9'07 ww 289.88'--__� -' -- a:v1 a - SUN9URST SUSDMSION ;g 4 L -f!! -a F 0 oc= I. cm0 N c T� Sym$ ' ■ g�s-� F cY 4 y Exhibit 1 CITY OF MERIDIAN ONNING AND PUBLIC WORKS DEPITMENTS STAFF REPORT Landscape Plan i� `� X89! NOr4THTEN�H/LEROAO , D PP�sf[y' e= Eea cei cr:s �s aaaeea 9 �6t�f�6apa'S�I6�! D ��i� Erl °� fttg�Ir�IgId � tgS df€i It 111 t q � 5 ad���BI�1 # t g F8 t RtB t t t R to �Bi s e Y a a E if 16 9 � •� � �tt•�jt(S � E � r � a� iy l�i � F n ° 9� Exhibit 2 CITY OF MERIDIAN INNING AND PUBLIC WORKS DEPIMENTS STAFF REPORT STAFF REPORT: TO: Anna Canning, Planning Director FROM: Jenny Veatch, Assistant City Planner DATE: November 30, 2006 SUBJECT: Halker Short Plat et S� Request for Short Plat Approval of Halker Short Plat Consisting of 2 Commercial Building Lots on 2.61 Acres in a C -G Zone by Hawkins Companies (File# SHP-06-010) We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Hawkins Companies, has applied for short plat approval of 2 commercial building lots on 2.61 acres in a C -G zone for Halker Subdivision. Halker Subdivision is located on the west side of N. Ten Mile Road and north of W. Cherry Lane at 3150 W. Cherry Lane, in the southwest '/4 of the southwest '/a of Section 2, T.3N., R.1 W. The subject property meets all of the applicability requirements as stated in UDC 11 -6B -5A and is eligible to be processed as a short plat. Staff recommends approval of Halker Short Plat with the comments and conditions stated in this report. REQUIRED FINDINGS FROM UDC 11-613-6 In consideration of a short plat, the decision-making body shall make the following findings: A. B. The plat is in conformance with the Comprehensive Plan; The Comprehensive Plan designates the future land use of this property as C -G (General Retail and Service Commercial). The current zoning district of the proposed subdivision is C -G (General Retail and Service Commercial). The proposed subdivision plat complies with the Comprehensive Plan. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that public services are available to accommodate the proposed development. Water and sewer services are proposed to be extended into each lot from adjacent streets. Fire, police, solid waste and irrigation services are all adequate. The adjacent public roadways have been completed to the required design and approach standards. SBP -06-010 Halker SHP.doc PAGE 1 CITY OF MERIDIAN INNING AND PUBLIC WORKS DEPOMENTS STAFF REPORT C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvements program; Staff finds that the subdivision will not require the expenditure of capital improvement funds. All sewer and water extension for this area were planned to be developer driven. All required utilities are either in place or will be the responsibility of the developer. D. There is public financial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for providing supporting services. The developer and/or future lot owners will finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the future residents will be fire and police services. E. The development will not be detrimental to the public health, safety or general welfare; and Staff recognizes the fact that traffic and noise may increase with the approval of this subdivision; however, staff does not believe that any additional amount generated will be detrimental to the general welfare of the public in the surrounding area. Staff finds that the development of this site will not involve uses that will create nuisances that would be detrimental to the public health, safety or general welfare. F. The development preserves significant natural, scenic or historic features. Staff is not aware of any significant natural, scenic or historic features associated with the development of this site that the Director and City Engineer should be aware of. PLANNING & PUBLIC WORKS DEPARTMENT - SITE SPECIFIC CONDITIONS Water and sewer services to both lots were approved and are being installed with the Walgreen's building on this site. 2. For all private roadways, driveways, and as each lot develops a drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. Revise the face of the plat to read, "Short Plat Showing". 4. Temporary construction fencing to contain debris shall be installed around the perimeter of the subdivision or on the individual lot being built upon. The landscape plan, prepared by BRS Architects and dated October 11, 2006, shall be revised as follows: a. Add one tree for each landscape planter in Lot 2, Block 1. b. Verify the number of trees to be mitigated with City of Meridian arborist Elroy Huff and note consistently in Landscape Planting Notes and Requirements. SBP -06-010 Halker SHP.doc PAGE 2 CITY OF MERIDIAN INNING AND PUBLIC WORKS DEP*MENTS STAFF REPORT 6. Underground year-round pressurized irrigation must be provided to all lots within this development. The application has proposed City of Meridian potable water as the main source. Per MCC 9-1-28 use of non -potable irrigation water is required when determined to be available by the Public Works Department. Prior to signature on the plat the applicant shall be required to submit proof that this property has no irrigation rights, and if that is the case then they shall be allowed to use City Water as the main source, providing they pay well development fees as outlined in the UDC. If surface water is deemed to be available the applicant shall install a pressurized irrigation system to service all lots within this subdivision. 7. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-313-6-D). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 8. Graphically depict on the plat the 25 -foot wide landscape easements for the buffers along N. Ten Mile and W. Cherry Lane. 9. Submit documentation that the Ada County Surveyor has approved the name for this plat. 10. Graphically depict the "Real Point of Beginning" on the face of the plat. 11. Revise or add the following notes on the face of the plat: *.) Individual lot owners are responsible for maintenance of any irrigation/drainage or ditch crossing their lot unless such maintenance is assumed .by an irrigation/drainage district or association. *.) Bottom elevation of structural footings shall be set a minimum of 12 -inches above the highest established normal ground water elevation. 12. Complete the Certificate of Owners. 13. Comply with all conditions of the Ada County Highway District as they relate to this short plat. 14. Staff's failure to cite specific ordinance provisions of the Unified Development Code does not relieve the applicant of responsibility for compliance. GENERAL CONDITIONS All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4- 13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternative plans will be reviewed and approved by the Meridian City Engineer prior to construction plan approval. 2. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, etc., prior to signature on the final plat. 3. All development improvements, including but not limited to water, sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. SI -IP -06-010 Halker SHP.doc PAGE 3 CITY OF MERIDIAN PINING AND PUBLIC WORKS DEP*MENTS STAFF REPORT 4. 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. 5. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 6. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 7. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 8. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. Plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 10. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. POLICE DEPARTMENT COMMENTS None. FIRE DEPARTMENT COMMENTS None. STAFF RECOMMENDATION Staff recommends approval of the short plat for Halker Short Plat (SHP-06-010) with the above stated comments and conditions. 1. Submitted Short Plat (dated January 27, 2005) 2. Landscape Plan (dated October 11, 2006) SBP -06-010 Halker SHP.doc PAGE 4 CITY OF MERIDIAN INNING AND PUBLIC WORKS DEPOMENTS STAFF REPORT Submitted Short Plat S --- ---- N O11POY [ iTp.)f' m D ,y — 8.5.27TF; . m a N &FiY'bl-E'a39.Li"" I,z ♦ 5`G4 gyp ./®'QN shy IY TO z 50 W6 m i� • J..i; D > N m D " iaso m ND�g m 0 0 Z< _ ' Z 0- O o cn z O b z 6-40 = m $ - O. O SUNBURST SUBOIN90N o r ; --- -------- T ----- ...; O OS 0018'07' W 288.88'�- i �cp I I� 0;0 cI M 5 T!" e VDD � Yi 5 ro a Exhibit 1 CITY OF MERIDIAN 4INNNING AND PUBLIC WORKS DEPOMENTS STAFF REPORT Landscape Plan 7 �� �a9E NORTHTFNilf/LER0.90 . 6 I I i I p! 1 n 3 i OSS I �F' � ��I 8� �3a,• i� a "6•a @ ad � 1 f EKiio[':apI�i eIEca E a I a N v 8 9 a Idl 8 g� S i'i�i�� �I ! 41;�``d MINsI[1I4i i i��dl�isel i E I � 8 ��c g������ ` I y��. a • • i i• 1 t� �i� �li� {d�'9 � n �� � � R 7 �� Ilk JTI rig I ! Exhibit 2 0 • Hearing Date: December 5, 2006REUEMI-) File No.: SHP-06-010 DEC 01 2006 Project Name: Halker Subdivision City ®f Meridian City Clerk Office Request: Short Plat to create.2 commercial building lots on 2.61 acres in a C -G zone by Hawkins Companies. Location: 3150 W. Chert' Lane, on the west side of N. Ten Mile Road and north of W. Cherry Lane, in the southwest % of the southwest % of Section 2, T.3N., RAW. • ta- . IDAHO Tvve of Review Reau teAd (check all that ann ❑ Accessory Use ❑ Alternative Compliance ` ❑ Certificate of Zoning Compliance ❑ Conditional Use Permit Minor Modification ❑ Design Review ❑ Private Street ❑ Property Boundary Adjustment &t Short Plat ❑ Temporary Use Certificate of Zoning Compliance ❑ Time Extension (Director) ❑ Vacation ❑ Other 0 Planning Department ADMINISTRATIVE REVIEW APPLICATION Applicant Information Applicantname:44W}F4rNS Phone: '3"16•SS2Z Applicant address: '&464S W • iFPrW+ V, Rel Zip: i53 -*09 Applicant's interest in property: fWOwn ❑ Rent ❑ Optioned ❑ Other Owner name: Cg RHr Ti -v^ M+le ULL *- H.Plk=� prVvV%cS LJPhone: '--,7(-'S622- Owner address: 840 45 V%4. v^ V-=- c" V3O%S a Zip: 83}C>-1 Agent name (e.g., architect, engineer, developer, representative): _�c /�• ay. l^ Firm name: \� awk %" -5 Cev+,paru Phone: 94-1-4-118 Address: Q3(o4�=- \N). 'Fran k-��r. a� Zip: BarA,09 Primary contact is: 514Applicant ❑ OwnergAgent ❑ Other Contact name: 1C1*Az. A.42 v Phone: q 41 - 4r-1 tb E-mail: \&�� Fax: 3"1 C -12-'S J Subject Property Information Location/street address: 3150 W . G��A U Assessor's parcel number(s): �a - 2o -L — 33 — tp334 Township, range, section: 3 W Z Total acreage: 2 Current land use: C-aYy\yv e*�Ck . � Current zoning district: C- Ci 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org I (Rev. 9/21/06) Project Description Project/subdivision name: �►c.\1rcer Sv►b o\��►�s\o r General description of proposed project/request: :5V1oY-A- V7\oJ�C 2.Y1d l�*rGBj Proposed zoning district(s): CA:) rwcM-�la�+ Acres of each zone proposed: Type of use proposed (check all that apply): ❑ Residential KCommercial ❑ Office ❑ Industrial ❑ Other Amenities provided with this development (if applicable): Who will own & maintain the pressurized irrigation system in this development? VvaVg�(H owv%Q*— Which irrigation district does this property lie within? be W� +r'-5 t. -f -I Primary irrigation source: CA�iA Secondary: N p. Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): 35 t 1 b Residential Project Summary (if applicable) Number of residential units: Number of common and/or other lots: Number of building lots: Proposed number of dwelling units (for multi -family developments only): 1 Bedroom: Minimum square footage of structure(s) (excl. garage): Minimum property size (s.f): Gross density (DU/acre-total land): Percentage of open space provided: Percentage of useable open space: 2 or more Bedrooms: Proposed building height: Average property size (s.f.): Net density (DU/acre-excluding roads & alleys): Acreage of open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: ❑ Single-family ❑ Townhomes ❑ Duplexes ❑ Multi -family Non-residential Project Summary (if applicable) Number of building lots: �)L Other lots: Gross floor area proposed: Existing (if applicable): Hours of operation (days and hours): Building height: Percentage of site/project devoted to the following: Landscaping: Total number of employees: Building: Paving: Maximum number of employees at any one time: Number and ages of students/children (if applicable): Total number of parking spaces provided: Authorization Seating capacity: Number of compact spaces provided: Print applicant name: PA.a wi %a,, - Applicant signature: +� —'" Date: ko- 1101 -CAo 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.metidiancity.org 2 City of Meridian Development Review Agency Comments Meeting Planner: V PVrt Date: 1 ( Date of List: Project Name: 1� �," _ ()('n -- rI1 r) Fire Representative: �©vvvv©� Om®®®m®mm om®®mmmm mm ®®®m®mMMMMMMMMI-WRM—W Police Re resentative: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 118 19 Notes: Sanitary Services Representative: 1 12 13 14 15 16 17 18 9 10 11 12 13 14 15 16 17 18 19 Notes: Parks Representative: 1 12 13 14 15 16 7 Notes: Public Works RenrPePntat;x,P- ©©©0®DO Om®®®m®mm mm ®®®m®mMMMMMMMMI-WRM—W Other Notes: HAWKINP COMPANIES COMMERCIAL DEVELOPERS October 16, 2006 Mr. C. Caleb Hood Acting Planning Manager City of Meridian - Planning & Zoning Department 660 East Watertower Lane, Ste. 202 Meridian, ID 83642 Re: Short Plat Application Walgreens (RZ -05-008 & CUP -05-029) NEC Ten Mile & Cherry Lane Meridian, Idaho Dear Mr. Hood: Hawkins Companies is pleased to submit the above referenced application. Hawkins Companies is requesting to subdivide the existing parcel from one to two lots. To the best of our knowledge the enclosed application materials conform to all requirements and provisions of the UDC. The appropriate documents have been prepared by licensed professionals and conform to acceptable engineering, architectural and surveying practices. If you have any questions regarding this application and materials, please do not hesitate to call me at 208-947-4718. Sincerely, Hawkins Companies Jessica Aguilar Pre Development Project Manager i APN: S-1202-33-6334 WarrantyDeed -.continued EXHIBIT A .File No.: NCS -13826440I (rmr)' { Date: 07/19/2006 A.PORTION-OFTHE SWI/4SW1/4 OF.SECTION,2, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN AND IS MORE PARTICULARLY • DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID'SW114SW1/4; THENCE NORTH 0019'07" EAST ALONGTHE WESTERLY BOUNDARY'OF SAID SW3/4SW1/4 A . DISTANCE OF 345.50 FEET; . THENCE SOUTH 8838'31" EAST PARALLEL WITH THE SOUTHERLY BOUNDARY SAID "SW1/4SW1/4 A DISTANCE OF 417.50 FEET; • . THENCE SOUTH 0019'07": WEST PARALLEL WITH THE SAID WESTERLY BOUNDARY A DISTANCE OF 345.50: FEET TOA A POINT ON SAID SOUTHERLY BOUNDARY; THENCE NORTH 88038'31" WEST:A DISTANCE OF 417.50 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPTING A PARCEL -OF LAND- LYING 'IN THE SW 1[4 Of THE SW 1/4 OF SECTION 2,T. -3N., R. 1W., B.M., ADA COUNTY, IDAHO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE BRASS CAP MARIAN_ G THE -SECTION CORNER COMMON TO SECTIONS 3, -.10, it AND THE SAID S.ECTION'2; THENCE NORTH 0019'07" EAST 345.50 FEET ALONG THE WESTERLY BOUNDARY OFTHE . SAID SW 1/4.0F SECTION 2, WHICH IS ALSO THE CENTERLINE OF TEN MILE ROAD, TO AN . IRON PIN; THENCE SOUTH 8803831" EAST 317.50'FEET ALONG A LINE NORTHERLY OF AND. PARALLEL WITH THE SOUTHERLY. BOUNDARY OF THE SAID SW 1/4 OF SECTION 2 TO AN IRON PIN, ALSO SAID POINT BEING THE REAL POINT OF BEGINNING; THENCE CONTINUING SOUTH 88038'31" EAST 100:00'FEET ALONG A LINE'NORTHERLY:OF AND PARALLEL WITH THE SAID SOUTHERLY BOUNDARY OFTHE SW 1/4 Of SECTION 2 TO A 'POINT; THENCE SOUTH 0019'07" WEST 50.00 FEET. ALONG A LINE.EASTERLY OF AND PARALLEL -WITH THE SAID WESTERLY BOUNDARY OF THE SW 1/4 OF SECTION -2 TO •A 1.POINT; . THENCE NORTH.88038131" WEST.100.00 FEET -ALONG A LINE NORTHERLY OF AND PARALLEL WITH THE SAID SOUTHERLY BOUNDARY OF THE SW 1/4 OF SECTION 2 TO AN IRON' PIN.' THENCE NORTH 0019'07" EAST -50.00 FEET.ALONG A-LINE•EASTERLY OF AND PARALLEL WITH THE SAID WESTERLY BOUNDARY OF THE SW 1/4 OF SECTION 2 TO THE POINT OF. BEGINNING. ALSO LESS AND EXCEPTING THAT PORTION DEEDED TO ADA COUNTY HIGHWAY bISTRICF IN WARRANTY DEED RECORDED 6 -15 -94 -AS INSTRUMENT NO. #94056393.• APN: S-1202-33-6334 Pege 3 of 3 ADA COUNTY REIORDERJ. DAVID NAVARRO AMOUNT 9.00 3 ?� BOISE IOAHO'0911=6 04:13 PM. RMO DED-REQuOF III IIIIiII�IItIl1111iIIII111Illlitlil First Amedcan 10614.6609 AFTER RECORDING MAIL TO: GRH Ten Mile LLC' 8645 W. Franklin Road Boise, ID 83709 WARRANTY DEED File No:: NCS-138264-BOI (rmr) Date: 7uly 19, 2006 For Value Received, Idaho Conference of Adventists, Adventists, Inc. an Idaho non-profit corporation, Who acquired title as Southern Idaho Corporation of Serrenth Day Adventist, an Idaho Corporation,_ hereinafter referred to as Grantor,. does. -hereby grant, bargain,. sell and convey unto GRH Ten Mile LLC, an Idaho .limited liability company, as to. an undivided 85% interest and Halker Properties LLC; an Idaho limited ' liability company, as to an undivided 15% interest; hereinafter referred to as Grantee, whose current address is 8645 V Franklin Road, Boise, ID 83709, the following described'premises, situated in Ada County, Idaho, to wit: Legal Description attached hereto as Exhibit A, and by.this referenced Incorporated herein. TO HAVE AND TO HOLD. *the'said premises, with their appurtenances, unto said Grantee, and to the Grantee's heirs and assigns forever, And. the said Grantor does hereby Covenant to and with. the said Grantee, that the Grantor is'the owner in.fee simple of said premises; that said premises are free from -all-.. encumbrances except current years taxes; levies,.and' assessments, and except U.S: 'Patent reservations, restrictions, easements of record and easements visible upon the premises, and that Grantor will warrant and defend the same from *all claims Whatsoever:.. Page 14 9 AM -S-1202-33-6334: . Warranty Deed . Fire No.: MCS-138264-BOI (rmr) - continued. Date: 07/19/2006 Idaho Conference of Seventh -day Adventist, Inc., an Idaho non-profit corporation,. who . . acquired title as Southern Idaho Corporation. of Seventh day Adventist, an Idaho corpora ion By: Donald -•A. Klinger; Secreta STATE OF Idaho COUNTY OF )' on this 2 to day of July, 2006; before me, a Notary Public. in and for said State, personally appeared Donald A. Klinger; known or -identified. to- me to be -the-.Secretary. of the corporation that executed'the within Instrument or the person who' executed -the instrument'on behalf -of said. corporation, . and acknowledged to me that such corporation executedae same: In witness whereof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. . �Ol{1>f1Aa!!1/gD ���L1NE �.,9�W/// iVotary Public r the S to of Idaho Residing at: ID AV �Z� �TAq .••�GO� M Commission Expires: �. ..Y y a pU0L1G :per i -Page .2 of 3. File No.: NCS -138264=80I (rmr) 1 Date:07/19/2006 EXHIBIT A A.PORTION OF THE SWI/4SW1/4 OF -SECTION -2, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN AND IS MORE PARTICULARLY DESCRIBEWAS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID'SW1/4SW1/4; THENCE NORTH 0019'07" EAST ALONG THE WESTERLY BOUNDARY'OF SAID SW1/4SW1/4 A DISTANCE OF 345.50FEET; , THENCE SOUTH 88038'31" EAST PARALLEL WITH THE SOUTHERLY BOUNDARY SAID 'SWI/4SW1/4 A DISTAkCE'OF 417:50 FEET; THENCE SOUTH 0019'07 WEST PARALLEL WITH THE SAID WESTERLY BOUNDARY A DISTANCE OF 345.SO:FEET TO: A POINT ON SAID SOUTHERLY BOUNDARY, THENCE NORTH 88038'31" WESTA DISTANCE OF 417.50 FEET TO THE POINT OF :BEGINNING. LESS AND EXCEPTING A PARCEL OF LAND LYING 1N THE -SW 1%4 O.F-THE SW 1/4 OF SECTION 2, T. 3N., R. 1W., B.M., ADA COUNTY, IDAHO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE BRASS CAP MARKING T.HE,SECTION CORNER COMMON TO SECTIONS 3, 10, 11 AND THE SAID S•ECTION'2; THENCE NORTH 0019'07" EAST 345.50 FEET ALONG THE WESTERLY BOUNDARY OFTHE . SAID SW 1/4.OF SECTION 2, WHICH IS ALSO THE CENTERLINE OFTEN MILE ROAD, TO AN. IRON PIN; THENCE SOUTH 88038'31" EAST 317.50 TEST ALONG A LINE NORTHERLY OF AND. PARALLEL WITH THE SOUTHERLY BOUNDARY 00 THE SAID SW 1/4 OF SECTION 2 TO AN IRON PIN, ALSO SAID POINT BEING THE REAL POINT OF BEGINNING; THENCE CONTINUING SOUTH 88038'31" EAST 100:00 FEET ALONG A LINE NORTHERLY:OF AND PARALLEL WITH THE SAID SOUTHERLY BOUNDARY OF.THE SW 1/4 OF SECTION 2 TO A POINT; THENCE SOUTH 0°19-'07" WEST 50.00 FEET. ALONG ALINE EASTERLY OF AND PARALLEL 'WITH THE SAID WESTERLY BOUNDARY OF THE SW 1/4 OF SECTION -2 TOA POINT; . THENCE NORTH.88038'31" WEST, 100.00 FEET -ALONG A LINE NORTHERLY OF AND PARALLEL WITH THE SAID SOUTHERLY BOUNDARY OF THE SW 1/4 OF SECTION 2 TO AN IRON' PIN; THENCE NORTH 0019'07'• EAST'50.00 FEET -.ALONG A -LINE' EASTERLY OF AND AN. WITH THE SAID WESTERLY BOUNDARY OF THE'SW 1/4 OF SECTION 2 TO THE POINT Of. BEGINNING. ALSO LESS AND EXCEPTING THAT PORTION DEEDED TO ADA COUNTY HIGHWAY DISTRICT IN WARRANTY DEED RECORDED 6-15-94 AS INSTRUMENT NO. #94056393. APN:S-1202-33-6334 Ptge 3 of 3 AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF ADA I, Tracy V. Vance, located at 8645 W. Franklin Road, Boise, Idaho 83709, being first duly swom upon oath, depose and say: That GRH Ten Mile LLC, an Idaho limited liability company, and Halker Properties LLC, an Idaho limited liability company, as tenants in common ("Owners"), are the record owner of the property described on the attached, and the Owner grants its permission to: Hawkins Companies, LLC, an Idaho limited liability company, 8645 W. Franklin Road, Boise, ID 83709 to submit the accompanying application pertaining to that property. 2. The undersigned is an authorized agent of the Owners, and has the authority to execute this affidavit on behalf of the Owners. 3. The Owners agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this = day of October, 2005. GRH Ten Mile LLC, an Idaho limited liability company Tracy V. Vance, Authorized Agent Halk 7 r Properties LLC, an Idaho ' ited liability company v acy V. Vance, Authorized Agent JBS9 RUB&a4, ND SWORN to before me the day and year first above written. J. yace®eeo•� sq®® /•�� % sp _ Notary P b is for Idaho ® 1G a Residing at (1Jq0L &-V— LD U •• 'P la •®: T,� T•94ea�` My Commission Expires: (p 0 PA69200 Ten Mile & Cherry Lane - Meridian, ID\06500 Miscellaneous Planning"davit of Legal Interestdoc ADA COUNTY RECORDERD NAVARRO AMOUNT .00 X BOISE IDAHO 12/16105 t,4 M q0 DEPUTY Vicki Allen RECORDED -REQUEST OF III lillllllllllllllllllillllilllll 1Il Meridian City 105191330 � This sheet has been added to document to accommodate recording information. PA a&ted � Y --e- C_oyxie d xvv�d 4-� lD � ' } 1 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Idaho Conference of Seventh-Day Adventists, Inc., Owner 3. Hawkins Companies, Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into thi /f day of 9_ketr4&i, 2005, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called "CITY', and Idaho Conference of Seventh-Day Adventists, Inc., an Idaho nonprofit, religious corporation, hereinafter called "OWNER" and Hawkins Companies, hereinafter called "DEVELOPER!,. 1. RECITALS: 1.1 WHEREAS, "OWNER" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described. in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the "Owners" and/or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the re -zoning of land; and 1.4 WHEREAS, ,owners , and/or "Developer" has submitted an application for re -zoning of the "Property's" described in Exhibit A, and has requested a designation of (C -G) General Retail District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owner" andlor "Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested re -zoning designation of the subject "Properly" held before the Planning & Zoning Commission, and subsequently before the City Council, DEVELOPMENT AGREEMENT (RZ 05-008) WALGREENS PAGE 1 OF 11 include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 9" day of August, 2005, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings'; and 1.8 WHEREAS, the Findings require the "Owner" and/or "Developer" to enter into a development agreement before the City Council takes final action on re -zoning designation; and 1.9 "OWNER" and/or "DEVELOPER" deem it to be in their best interest to be able to enter into this Agreement and acknowledge that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, "City" requires the "Owner" and/or "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Properly" is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the "City" in the proceedings for re -zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re -zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: DEVELOPMENT AGREEMENT (RZ 05-008) WALGREENs PAGE 2 OF 11 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the State of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER": means and refers to Idaho Conference of Seventh-Day Adventists, Inc., an Idaho nonprofit, religious corporation, , whose address is 7777 Fairview Avenue, Boise, ID 83704, the party who owns the said "Property" and shall include any subsequent owner(s) of the "Property". 3.3 "DEVELOPER": means and refers to Hawkins Companies, whose address is 8645 West Franklin Road, Boise, ID 83709, the party developing said "Property" and shall include any subsequent developer(s) of the "Property". 3.4 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned C -G (General Retail and Service Commercial District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1. The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11:2:Z ) which are herein specified as follows: Construction and development of either a conditional use permit or a planned development application shall be submitted to the City of Meridian prior to a future development in the C -G zone, and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ 05-008 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: DEVELOPMENT AGREEMENT (RZ 05-008) WALGREENS PAGE 3 OF 1 I 9 • 5.1 "Owner" and/or "Developer" shall develop the "Property" in accordance with the following special conditions: 1. That no building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a Certificate of Zoning Compliance (CZC). 2. That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 3. That all future uses on the Property shall be required to obtain a Conditional Use Permit prior to construction/operation, provided, however, that the Findings attached hereto as Exhibit B find that the requested C -G zoning designation and subsequent retail use with a drive- through is consistent with the definition of the C -G zone. 4. That the hours of operation on this property shall be limited to 6 a.m. to 11 p.m., unless otherwise modified through a future Conditional Use Permit. 5. That vehicular access to this site shall be restricted to those approved by ACRD and the City, in accordance with the Findings. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner" and/or "Developer" or "Owner" and/or "Developers" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of Subject Property" of this Agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO REVERSAL OF ZONING DESIGNATION: "Owner" and/or "Developer" consents upon default to the reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to -wit: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner" and/or "Developer" and if the "Owner" and/or "Developer" fails to cure such failure within six (6) months of such notice. DEVELOPMENT AGREEMENT (RZ 05-008) WALGREENS PAGE 4 OF 11 8. INSPECTION: "Owner" and/or "Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Properly" as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 9. DEFAULT: 9.1 In the event "Owner" and/or "Developer", "Owner" and/or "Developer's" heirs, successors, assigns, or subsequent owners ofthe "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by "City" of any default by "Owner" and/or "Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner's" and/or "Developer's" cost, and submit proof of such recording to "Owner" and/or "Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the "Properly" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the re -zoning of the "Properly" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance re -zoning the "Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable inany court of competent jurisdiction by either "City" or "Owner" and/or "Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. DEVELOPMENT AGREEMENT (RZ 05-008) WALGREENS PAGE 5 OF 11 i 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner" and/or "Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non -breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either "Owner" and/or "Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements, which the "Owner" and/or "Developer" agrees to provide, if required by the "City". 14. CERTIFICATE OF OCCUPANCY: The "Owner" and/or "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner" and/or "Developer" has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That "Owner" and/or "Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to reversal of zoning if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after DEVELOPMENT AGREEMENT (RZ 05-008) WALGREENS PAGE 6 OF I 1 deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 OWNER: DEVELOPER: Hawkins Companies 8645 West Franklin Road Boise, ID 83709 Idaho Conference of Seventh-Day Adventists, Inc. 7777 Fairview Avenue Boise, ID 83704 Attn: Donald Klinger with copy to: Skinner Fawcett P.O. Box 700 Boise, ID 83701 Attn: Henry Rudolph 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a DEVELOPMENT AGREEMENT (RZ 05-008) WALGREENS PAGE 7 OF 11 separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Owner" and/or "Developer" of the "Property", each subsequent owner and any other person acquiring an interest in the "Properly". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner" and/or "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner" and/or "Developer" has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner" and/or "Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner" and/or "Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning DEVELOPMENT AGREEMENT (RZ 05-008) WALGREENS PAGE 8 OF 11 designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with re- zoning of the "Properly" and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. DEVELOPER: S COMPANIES OWNER: IDAHO CONFERENCE OF SE -DAY ADVENTISTS, INC., Owner CITY OF MERIDIAN ®at►`.,� a WEERD Attest: 6 �� ewe `y 6 -Ds /0�r� dr -FY CLERK ✓�f 1 • ��'��,w DEVELOPMENT AGREEMENT (RZ 05 PA �B 11 STATE OF IDAHO, ) ss: County of Ada, On ibisr day of, 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared L`,(,W, -G-1 r te on behalf of Hawkins Companies, known or identified -J to me to W the of said company, who executed the instrument on behalf of said company, and ac wledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and axed my official seal the day and year in this certificate first above written. (SEAL) g .•• ZkOTA4 .13 1.10 •: STATE OF IDAHO . ss: County of Ada, ) Notary Public f I o Residing at: My Commission Expires: -M LCA On this;3rj day of ou 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared A, Kit nGeC' on behalf of Idaho Conference of Seventh-Day Adventists, Inc., known or identified to me to be the tu O&N of said corporation, who executed the instrument on behalf of said corporation, d acknowledged to me that he executed the'same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. OTAR,, "C - .CP Z 'J' ®®� ;K p ;�k Notary Pub for Idaho C'J� •., UB Lt�' 40 Residing at: ��� T�•• O F . ►� My Commission Expires: �2A �Jd �ii�Ut�tu��uun►wvv� DEVELOPMENT AGREEMENT (RZ 05-008) WALGREENS PAGE 10 OF 11 STATE OF IDAHO ) ss County of Ada ) Onthis_ +k day of__ bLMV1-" , 2005, before me, allotary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) Sh AA M9 - Notary Public for I o Residing at: 61U 1pr4 Jd Commission expires: 10 --157— DEVELOPMENT AGREEMENT (RZ 05-008) WALGREENS PAGE 11 OF 11 0 ADDENDUM TO THE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. GRH Ten Mile LLC, Owner/Developer 3. Halker Properties LLC, Owner/Developer The following is an addendum to that certain DEVELOPMENT AGREEMENT, entered into on the 6'h day of December, 2005. This addendum is made and entered into this day of , 2006, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called CITY, and GRH Ten Mile LLC, whose address is 8645 W. Franklin Road, Boise, Idaho 83709, hereinafter called OWNER/DEVELOPER, and Halker Properties LLC, Miose address is 8645 West Franklin Road, Boise, Idaho 83709, hereinafter called OWNER/DEVELOPER. OWNERS/DEVELOPERS agree to be bound by the terms of the original Development Agreement (instrument # 105191338), approved on December 6, 2005 on the land described in Exhibit "A", except as specifically regarding the following items: The parties hereto agree that the development of the property described in Exhibit "A" shall be in accordance with the terms of the above described Development Agreement, exhibit `B", or those City ordinances in effect at that time any subsequent conditional use application is filed, whichever are more restrictive. 2. That the original Development Agreement, Instrument # 105191338, approved on December 6, 2005, be amended by modifying the following: • That the existing wood fence along the east property line be replaced with an eight -foot tall CMU wall and that a four -foot tall CMU wall along the north landscape planter be constructed. 3. That Owners/Developers agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de -annexation of the Owners/Developers, or their assigns, heirs, or successor shall not meet the conditions of this addendum to the Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 4. This addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors mi office. This second addendum shall be binding on the Owners/Developers of the Property, each subsequent owner and any other person(s) acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or ADDENDUM TO DEVELOPMENT AGREEMENT (NII 06-002 WALGREEN'S PHARMACY) PAGE 1 OF 5 0 0 owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owners/Developers, to execute appropriate and recordable evidence of termination of this addendum if City, in its sole and reasonable discretion, had determined that Owners/Developers have fully performed their obligations under this Addendum. 5. If any provision of this addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 6. This addendum sets forth all promises, inducements, agreements, condition, and understandings between Owner/Developer and City relative to the subject matter herein, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this second addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 7. This addendum shall be effective as of the date herein above written. ADDENDUM TO DEVELOPMENT AGREEMENT (NII 06-002 wALGREEN'S PHARMACY) PAGE 2 OF 5 0 0 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER GRH Ten Mile LLC OWNER/DEVELOPER Halker Properties LLC ME CITY OF MERIDIAN Mayor Tammy de Weerd Attest: William G. Berg, Jr., City Clerk ADDENDUM TO DEVELOPMENT AGREEMENT (MI 06-002 WALGREEN'S PHARMACY) PAGE 3 OF 5 0 STATE OF IDAHO, ) ss: County of Ada, ) 0 On this day of , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared on behalf of GRH Ten Mile, LLC, known or identified to me to be the of said company, who executed the instrument on behalf of said company, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: STATE OF IDAHO, ) ss: County of Ada, ) On this day of , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared on behalf of Halker Properties, LLC, known or identified to me to be the of said company, who executed the instrument on behalf of said corporation, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: ADDENDUM TO DEVELOPMENT AGREEMENT (MI 06-002 WALGREEN'S PHARMACY) PAGE 4 OF 5 0 STATE OF IDAHO ) ss County of Ada ) On this day of , 2006, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: Commission expires: _ ADDENDUM TO DEVELOPMENT AGREEMENT (NII 06-002 WALGREEN'S PHARMACY) PAGE 5 OF 5 Page 1 of 1 Gregory Carter From: John Priester gohnp@adaweb.net] Sent: Friday, January 27, 2006 7:50 AM To: Gregory Carter Subject: RE: Subdivision Name Reservation January 27, 2006 Gregory Carter, PLS Idaho Survey Group, P.C. 701 S. Allen St. Suite 105 Meridian, ID 83642 RE: Subdivision Name Reservation HALKER SUB. Dear Gregory: At your request I will reserve the name "HALKER SUB." for your project. I can honor this reservation only as long as your project is in the approval process. Final approval can only take place when the final plat is recorded. Sincerely, ,john Triester John E. Priester, P.E.L.S County Engineer J'/jP From: Gregory Carter [mailto gcarter adahosurvey com] Sent: Thursday, January 26, 2006 11:25 AM To: John Priester Subject: RE: Subdivision Name Reservation John, The property is located at the NE corner of Cherry Lane and Ten Mile Road in Meridian. It contains 2.61 acres and will be subdivided into 2 lots. From: John Priester [mailto J"hn adaweb net] Sent: Wednesday, January 25, 2006 4:09 PM To: Gregory Carter Subject: RE: Subdivision Name Reservation Before I can reserve the name I need more specific location information for the project. JP From: Gregory Carter [Diadto:gcarter@idahosurvey.coml Sent: Wednesday, January 25, 2006 3:56 PM To: John Priester Subject: Subdivision Name Reservation John, I have a client who wishes to reserve "Halker Subdivision" for a 2 lot commercial subdivision in Meridian Gregory G. Carter Idaho Survey Group, P.C. 1450 E. Watertower St. Suite 150 8/2/2006 VICINITY MAPS 0 0 MALE ROAD Il N 00'19'07' E - lz VAV4 i N WIWU' E 1341.37 .89•lOZ M .COXI.ZO N- —__--- i � N ♦f1 o I iI, m ■I ,Lij � 1 I I 3119.0r w 266.88' SUNBURST SUBDIVISION N 7.Z g A 12 MR y py� Ey D O "moi K�Z w XN 0 v =1--I N D Z 0 2 Z cV DNrm N D 0 C ooZZ _ rn0_ O N..4 D00m -N",^ O- O O I iI, i i � 1 I I S � 0 �o S m i I a 3119.0r w 266.88' SUNBURST SUBDIVISION N 7.Z g A 12 MR y py� Ey D O "moi K�Z w XN 0 v =1--I N D Z 0 2 Z cV DNrm N D 0 C ooZZ _ rn0_ O N..4 D00m -N",^ O- O O I iI, i i � 1 I I S � x i S �f 5 N 007Y717' E 13M -V W --------------- _--------- ffiwd% __ _ e3� w anro3• w 21D0' N 00'19'07_E _ .88'lOt M_ WX Z0X N e� T -Z 85.27', •�i i--"_"-""_ N 0078 G7„rE X187.15'•"_�-"-`-- i ±g i ' 9 ' qpS , I 'n la Z; i 9 Z X Z ZO z n o IZ z M '1 Ip w DNm rV O .50 0' ND'�� (n 50.00' m OW O l y Z O Z Cnwy S -n ly G� ' m—-- - -- - -- m z _ - 3 00'19'OY WW 288.86' O2 � (n �.� SUNBURST SUBDIWSION Z. �.� Nt I N Of217H' E � + g I N s• I1 i 11 -i__ s � 0 ------- ' O ,s'or W 1 SCD I I , cm� 'fs SIF$` ° y N � -i N _ 9 S I all; I g a x RZO w m Nit K m H $ Hod rn � � �ir�o�88Z8a�Z�a FZ � N oz g xg� mF i��oy 1zmz2 m v �o gm�� H 8g<��oZNo<o 02 D H mks O o N 0��8�SSz m 6yo2 �Ro ;w O a-Oig C s s ��o'"i°n F1�Q" $o ami ���n Q= F^Nx~9y8a CiA p �C 5!5 O yys �2 om r� a!90 m �y oZ�w ga o aoD`a3n'2omvmi�o� `Zro<oa��o H� _ ��ann A zni ZWgomom wpm i0 m -i.izm -(C)a gg �icz W12OZ-oda as �9 $u{ o m.. RN Ig - zF 09P9.32x��1Pa77<.. mo, ofcn {I13� ,y Orn j C ?C yn C Amo�Z kyZNmm AVly�T�N0 a RC,< �mlxmPo �goCs'< zu m3 i%i OZ �o O ��� og�moRzym�Ni�z Fza Z 5�aoi 4 5`Ig O zZmz49`8 0.,� Ok-oz 2� oZ 52 �o�ms 0. F9 Z-41 mZs� pyn ?DCrN<y Os�yD�C2 �[r�1Ny WZOyZO y �y`y .R.�j yD 5 Z>rgoya Z,yy•f^m,-ImI�-D o0 Zg� Qro�ozox5 EAOE.Domc 52 MR mp Bd y9 cvmv5yz yj 020 'Fi �sti yW<t+l �T1�.1 I�(s�FA { �Y F H FY 1� T W O m Am-iy -eM. gp--opyy '40 2 m OCOB 8 6 8 ZB�C N Sj OyZ~2 2 j Z ppm gz Z4z A4 FA9 �g N O y Q MCI4 SOF z O y�mO A A m A�m O m ~ A 2 � N Smr O X. O C > !Wp i- DnZ O 008 o� O _ C ,CZ C7 �Q� 0 �m M4 2� 2 D m M C co D S N 0 z NORTHMAOMLEROW 35 MPH (8,500 °pd - 2002) • YY � Z ���V - _ -6SS _m y-�,-an�ermamffn.e erwreo.en�apreq+o� - . mo�g gfill 40 kt g i smr-si�etmam®,ee�aetwo. mr�oraeea SUNBURST SUBDMSIOX 0 m0 r T 0 A 10 A rwa nw. w I p Rig b smr-si�etmam®,ee�aetwo. mr�oraeea SUNBURST SUBDMSIOX 0 m0 r T 0 A 10 IRRIGATION PERFORMANCE SPECIFICATIONS UDC 11-3B-6 Project Name: W oAgvee In s - 31S c7 W CA -ie, 'y Specifications: �1 ' a "`y Available Water Pressure: c►"hnay_1yr%k1+L i 2_ V s') r. V;.s l 7z Point of Connection (describe and/or Primary Connection: Secondary Connection: a site plan): Landscape Area: If the irrigation system is hooked to City water as a primary or secondary water source, submit the square footage of landscaped areas to be irrigated: _ _-S , 1l0 square feet Backflow Prevention _A backflow prevention device must be installed as required by City Ordinance 9-3. Coverage: The irrigation system must be designed to provide 100% coverage with head to head spacing or triangular spacing as appropriate. Matched Precipitation Rates: Sprinkler heads must have matched precipitation rates within each control valve circuit. Irrigation Zones: Sprinkler heads irrigating lawn or other high -water -demand areas must be circuited so that they are on a separate zone or zones from those irrigating trees, shrubs, or other reduced -water -demand areas. Overspray: Sprinkler heads must be adjusted to reduce overspray onto impervious surfaces such as sidewalks, driveways, and parking areas. Notes: Irrigation Required: All landscape areas shall be served with an automatic underground irrigation system. Additional requirements affecting pressurized irrigation systems can be found in City Ordinance 9-1-28. Irrigation Water Source: Use of non -potable irrigation water is required when determined to be available by the City Public Works Department as regulated by City Ordinance 9-1-28. If city potable water is used, a separate water meter is recommended so the owner can avoid paying sewer fees for irrigation water. Potable water shall not be used as a primary irrigation water source on non-residential lots with more than %Z acre of landscaping. Year round water availability is also required by connecting to city potable water or an on-site well as a secondary source. Certification: I have read and understand the above specifications and notes for irrigation systems and hereby affirm that any irrigation system installed for the project mentioned above will comply with these specifications and notes. Applicant's Signature: Date: to — lD - 2.0040 0 Page 1 of 1 Jennifer Veatch From: Kristy Vigil Sent: Tuesday, November 07, 2006 11:06 AM To: Jennifer Veatch Subject: FW: Walgreens (Short) Final Plat Attachments: image005.jpg Hi Jenny, FYI for Walgreens. From: Robin Jack Sent: Monday, November 06, 2006 4:57 PM To: Bruce Freckleton Cc: Amanda Hess; C. Caleb Hood; Justin Lucas; Sonya Watters; Kristy Vigil Subject: RE: Walgreens (Short) Final Plat Accepted. From: Bruce Freckleton Sent: Friday, October 20, 2006 3:22 PM To: Robin Jack; John Boyd Subject: Walgreens (Short) Final Plat John & Robin, John.....1 am transmitting via hard copy the construction plans to you for your review. Robin .... I am transmitting via hard copy the CD containing the electronic files for this development for your evaluation. Please be sure to respond to me ASAP with your evaluation results Thanks, Bruce 11/14/2006 Bruce A. Freckleton Development Services Manager Meridian Public Works Department 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 Ph (208) 898-5500 Fax (208) 898-9551 E -Mail freckleb@meridiancity org 0 Oct. 5. 2006' 3 59P '{°'°1'411' "'M''°"le' c ktHxaeudJ'"beeNo, 5904 P. 2702100" CV. M drop Sizes - �,� lVum�►� of U'�- �J D I Ss�r� ]buy z.vt Size Sera R=A4 • Co;m&*aal ileo �erm3t , Vaxs,co Lot Lice Ad' . Com,�rrlieiFe �t ' ,•{{I, r..: e,,.�'w+�C�1A�vZC�C9 fiQ �:Oxt'�.3I� • ' � .I 1 . ' , "� ,1 r +4Amo'a ift!MRjuCRUOA CoAf4c=lgc' . AA mmmz ' _ I .d 5ubloaisiatx 7�a ' .Aaow ' ' dIa�ami a • • ' d 75at .1 AI ATO' rn 5 0.CG� provided S ;oA °ndurkgxdi r bis mdc� is based upoa r.�,a curter , eericti , Corehca►a,�,n a�ad Is to ►c• s+ ,i g or Sub ora 4rdi � oah mid �ar3 xc�oashs..Angs'��:sec," ' aa � ax �1�y1 ''�•y,�1' �', •, 1 . � , /1- . '�{ •, I • ,fir •,,, , �,�`,�. � � Oct. 5. 2006 3:59PM .J 890 E. Watertmr Ln., Ste, 202 Meridian, ID 83642 Phone! (208)894-5533 Fox (208)888.6854 [ �J No. 5904 P. 1 Tor Jessica Q Hawkins Co From., C. Caleb Hood, Current Planning Manager Pax: 3764523 Datol 10-5-08 Phorssr 947-4718 Paves, 2 (including this cover) Not. Pre -app notes ccs o Urgent 13 For Review 13 Pleas Cgmmmnst 0 Ploose Reply 13 Plows Recycle 'Comments Jessica, I am faxing baok to you the notes from our first pre -app meeting regarding the short platting of the Walgreen's site. The only addition Is to the dais. Unless you have questions and need to meet, you can submit the application. Thank you. C. Caleb Hood Current Planning Manager Meridian Planning Department 884-5533 December 1, 2006 MERIDIAN CITY COUNCIL MEETING L� December 5, 2006 APPLICANT ITEM NO. S -G REQUEST Approve Bid for Water & Sewer Improvements in conjunction with ACHD Overland, Under to Meridian Road Project AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEFT: 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: R Materlab presented at publk meetinas shall become properly of the City of Meridian. • Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer CC: File, Len Grady • Date: November 30, 2006 Re: Proposed Agenda Item for December 5 City Council Meeting The Public Works Department respectfully requests the following item be placed on the December 5 City Council agenda, under Consent Agenda, for Council's consideration: Approval of bid for Water and Sewer Improvements in conjunction with ACHD Overland, Linder to Meridian prosect. ACHD received bids for this project. The bid amount for the water and sewer improvements for the overall project low bidder is $618,647.80. The engineer's estimate was $654,165. 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 for Water and Sewer Improvements In conjunction with ACHD Overland, Linder to Meridian 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. 0 Page 1 11 SP 1003.4.1.8.1 Fiber Wattles 50 LF 01 03 SP 1004.4.1.F.1 Temporary Coffer Dam 2 -TEA] 01 Bidder 03 Bidder Estimate SP 1006.4.1.C.1 Inlet Protection 9 EA 01 Bidder 03 Bidder SP 11000 Temporary Signal 1 LS 01 Bidder 03 Bidder Estimate SP 11220 Remove & Salvage Traffic Sign 1 Fro 01 Bidder 03 Bidder SP 11222 Remove/Reset Traffic Sign 13 FA 01 Bidder 03 Bidder Estimate SP 20102 Guardrail 300 LF 01 Bidder 03 Bidder SP 20109 Pedestrian Railing 90 LF 01 Bidder 03 Bidder Estimate SP 20113 Precast Block Retaining Wall 1600 1 SF 101 Bidder 03 Bidder SP 25063 Property Owner Meetings 6 FJ\ 101 Bidder 03 Bidder Estimate SP 25070 Remove & Reset Commercial Sign 1 EA 01 Bidder 03 Bidder SP 29055 Hydroseeding 2100 SY 01 $350.00 Bidder 03. Es SP 29065 Sod Repair 220 SY 01 Bidder 03 Es SP 29093 Remove Tree 6 -inches/+ 3 Fro 01 Bidder 03 E. SP 29100 Repair Sprinkler System 400 LF 01 Bidder 03 Ea SP 70001 Stiff Leg Structure 1 _TLC 01 03 01 Bidderl $1,993,491.00 02 04 Bidder $2,295,810.00 E Schedule 3 - Meridian Sewer & Water Improvements $3.00 $4.00 $5.00 $17,700.00 $6,800.00 $550.00 $118.00 $95.00 $100.00 $35,000.00 $17,300.00 $10,000.00 $80.00 $60.00 $120.00 $80.00 $275.00 $125.00 $44.00 $44.00 $125.00 $105.00 $96.00 $150.00 $17.00 $26.00 $90.00 $300.00 $440.00 $300.00 $3,360.00 $2,640.00 $5,000.00 $6.00 $3.00 $2.50 $9.50 $5.00 $10.00 $440.00 $440.00 $300.00 $150.00 1 $200.00 I $250.00 $35,400.00 1 $13,600.00 i $1,100.00 $1,062.00 $855.00 $900.00 $35,000.00 $17,300.00 $10,000.00 $80.00 $60.00 $120.00 $1,040.00 $3,575.00 $1,625.00 $13,200.00 $13,200.00 $37,500.00 $9,450.00 $8,640.00 $13,500.00 $27,200.00 $41,600.00 $144,000.00 $1,800.00 $2,640.00 $1,800.00 $3,360.00 $2,640.00 $5,000.00 $12,600.00 $6,300.00 $5,250.00 $2,090.00 $1,100.00 $2,200.00 $1,320.00 $1,320.00 $900.00 $8,800.00 $3.60 $1,440.00 $17.00 $6,800.00 $250,000.00 $250,000.00 $182,000.00 $182,000.00 $125,000.00 $125,000.00 $1,909,439.48 03 Bidde $2,013,830.00 Bidder $2.60 $130.00 Bidder $7.00 $350.00 Bidder $15,000.00 1 $30,000.00 Bidder $33,500.00067,000.00 Bidder $320.00$2,880.00 Bidder $250.00 $2,250.00 Bidder $57,575.00 $57,575.00 Bidder $17,000.00 $17,000.00 Bidder $60.00 $60.00 Bidder $108.00 $108.00 ! Bidder $60.00 $1,040.00 I Bidder $108.00 1 $1,404.00 ! Bidder $42.00$12,600.00 I Bidder $100.00 $30,000.00 ? Bidder $102.00 $9,180.00 f Bidder $100.00 $9,000.00 ? Bidder $40.25 $64,400.00 t Bidder $27.50 L$44,000.00 ? Bidder $275.00 $1,650.00 4 Bidder $250.00 $1,500.00 2 Bidder $5,350.00 $5,350.00 4 Bidder $7,500.00 $7,500.00 2 Bidder $2.70 $5,670.00 4 Bidder $4.00 1 $8,400.00 2 Bidder $6.00 $1,320.00 4 Bidder $9.20 1 $2,024.00 2 Bidder $430.00 $1,290.00 4 Bidder $430.00 $1,290.00 12 Bidder $3.65 $1,460.00 4 Bidder $19.40 $7,760.00 12 Bidder $178,700.00 $178,700.00 14 Bidder $241,000.00$241,000.00 $1,643,757.00 R0290 603052 Overland Rd, Linder Rd / Meridian 0207.4.1.A1 Removal of Obstructions 1 LS 01 Bidder $8,140.00 $8,140.00 02 Bidder $5,350.00 $5,350.00 03 Bidder$5,500.00 $5,500.00 04 Bidder $5,000.00 $5,000.00 Estimate $5,000.00 $5,000.00 11/29/2006 CT207-03 Overland, UndeNMeridian and Overland & Meridian Intersection Page 7 0307.4.1.G.1 Type IP' Surface Restoration - 4400 SY 01 Bidder temporary $2,863.80 0 03 Bidder $8,256.00 $40.00 $3,440.00 Estimate 0401.4.1.A.1 A Water Main Pipe - Size 06" PVC, 86 LF 01 Bidder $45,300.00 AWWA C900, Class 150, DR 18 $31,317.00 0 03 Bidder $431654.00 $55.00 $52,195.00 Estimate 0401.4.1.A.1 B Water Main Pipe - Size 08" PVC, 906 LF 01 Bidder $3,900.00 AW WA C900, Class 150, DR 18 $27,200.00 0 03 Bidder $23,375.00 s $1,500.00 $25,500.00 Estimate 0401.4.1.A.1 C Water Main Pipe - Size 12" PVC, 949 LF 01 Bidder $9,000.00 AW WA C900, Class 150, DR 18 r $56.00 $174,888.00 03 Bidder r $124.00 $11,904.00 $38.50 Estimate 0402.4.1.A1 A Gate Valve - Size 06" 3 FA 01 Bidder r $3,300.00 $33,000.00 9 $4,000.00 03 Bidder r $7,990.00 $15,980.00 T $6,600.00 Estimate 0402.4.1.AI B Gate Valve - Size 08" 17 01 Bidder Pr $4,125.00 $8,250.00 e $1,000.00 03 Biddei i $666.00 $1,332.00 ?r $1,870.00 Estimate 0403.4.1.A1 New Fire Hydrant Assembly 3 01 Bidde, a $375.00 $375.00 e $1,000.00 03 Bidde ?r $473.00 $16,082.00 a $375.00 Estimate 0501.4.1.B.1 Sanitary Sewer Pipe - Size 08" 3123 LF 01 Bidde, e $1,430.00 PVC, ASTM D3034, DR 35 to $2,000.00 03 Bidde 3r $3,600.00 $3,600.00 Rt $2,860.00 Estimate 0501.4.1.B.3 Sanitary Sewer Pipe - Size 08"96 LF 01 Bidde or $2,200.00 PVC, Class 200, DR 21, ASTM to $2,200.00 03 Bidde Of $2,270.00 2241 er $3,300.00 1 Estimate 0502.4.1.A1 A Sanitary Sewer Manhole - Type A - 01 Bidde 48" 03 Bidde Estimat 0502.4.1.A 1 B Sanitary Sewer Manhole - Type B - 2 EA 01 Bidde 60" 03 Bidde Estimat 0502.4.1.F.1 Connect Pipe to EAsting Manhole 01 Bidde 03 Bidde Estimat 0503.4.1.A7 Sewer Clean-out - Type T 08" 2 EA 0181dde 03 Bidde Estimat 2030.4.1.A1 Manhole, Adjust to Grade 1 EA 01 Bidde 03 Bidde Estimal 2030.4.1.C.1 Valve Box, Adjust to Grade 34 FA1 01 Bidde 03 Bidde Estimat SP 1A 02" Blow -off Assembly per SD 7.12-8 FJ� 01 Bidde (W) 03 Biddi Estimai SP 1B 02" Blow -off Assembly per SD 01 Bidde 7.120 (W) 03 Biddy Estima SP 2 Modified 2" Water Service 1 EA 01 Bidd Connection 03 Bidd Estima SP 3 Hot Tap Usting Water Main 18 EA 01 Bidd 03 Bidd Estima r� $19.00 I, $83,600.00 0 $28.00 '$123,200.00 0 $23.00 $101,200.00 $33.30 $2,863.80 0 $96.00 $8,256.00 $40.00 $3,440.00 $42.00 $38,052.00 0 $33.00 $29,898.00 $50.00 $45,300.00 $33.00 $31,317.00 0 $46.00 $431654.00 $55.00 $52,195.00 $1,210.00 $3,630.00 0 $1,100.00 $3,300.00 $1,300.00 $3,900.00 $1,600.00 $27,200.00 0 $1,375.00 $23,375.00 s $1,500.00 $25,500.00 $2,270.00 $6,810.00 0 r $2,420.00 $7,260.00 a $3,000.00 $9,000.00 r $57.00 $178,011.00 r $56.00 $174,888.00 3 $70.00 $218,610.00 r $124.00 $11,904.00 $38.50 $3,696.00 3 $75.00 $7,200.00 $3,980.00 $39,800.00 r $3,300.00 $33,000.00 9 $4,000.00 $40,000.00 r $7,990.00 $15,980.00 T $6,600.00 $13,200.00 9 $7,000.00 $14,000.00 it $2,000.00 $4,000.00 Pr $4,125.00 $8,250.00 e $1,000.00 $2,000.00 i $666.00 $1,332.00 ?r $1,870.00 $3,740.00 e $1,000.00 $2,000.00 ar $1,240.00 $1,240.00 a $375.00 $375.00 e $1,000.00 $1,000.00 ?r $473.00 $16,082.00 a $375.00 $12,750.00 `e $500.00 $17,000.00 er $1,710.00 $30,780.00 e $1,430.00 $25,740.00 to $2,000.00 $36,000.00 3r $3,600.00 $3,600.00 Rt $2,860.00 $2,860.00 to $2,200.00 $2,200.00 e $2,520.00 $2,520.00 or $2,200.00 $2,200.00 to $2,200.00 $2,200.00 Of $2,270.00 $40,860.00 er $3,300.00 1 $59,400.00 to $2,000.00 1 $36,000.00 2 Bidder $0.10 $440.00 4 Bidder $22.50 $99,000.00 2 Bidder $93.00 $7,998.00 04 Bidder $87.00 $7,482.00 2 Bidder $32.00 $28,992.00 04 Bidder $30.00 $27,180.00 2 Bidder $45.00 $42,705.00 04 Bidder $42.00 $39,858.00 2Bidder $1,070.00 $3,210.00 04 Bidder $1,000.00 $3,000.00 2Bidder $1,284.00 $21,828.00 04 Bidder $1,250.00 $21,250.00 2 Bidder $2,354.00 $7,062.00 04 Bidder $2,200.00 $6,600.00 02 Bidder $55.001$171,765.00 04 Bidder $51.00 $159,273.00 02 Bidder $38.00 $3,648.00 04 Bidder $35.00 $3,360.00 02 Bidder $4,120.00 $41,200.00 04 Bidder $3,500.00 $35,000.00 02 Bidder $7,330.00 $14,660.00 04 Bidder $6,500.00 $13,000.00 02 Bidder $4,000.00 $8,000.00 04 Bidder $5,750.00 1 $11,500.00 02 Bidder $1,800.00 $3,600.00 04 Bidder $1,700.00 $3,400.00 02 Bidder $740.00 $740.00 04 Bidder $700.00 $700.00 02 Bidder$340.00 $11,560.00 04 Bidder $375.00 $12,750.00 02 Bidder $1,400.001 $25,200.00 04 Bidder $1,300.00 $23,400.00 02 Bidder $2,800.00 $2,800.00 04 Bidder $2,600.00 $2,600.00 02 Bidder $2,200.00 $2,200.00 04 Bidder $2,000.00 $2,000.00 02 Bidder $3,200.00 $57,600.00 04 Bidder $3,000.00 $54,000.00 11/29/2006 CT207-03 Overland, UndedMerldian and Overland & Meridian Intersection Page 8 11/29/2006 CT207-03 Overland, UndedMerldian and Overland & Meridian Intersection Page 8 11/29/2006 CT207-03 Overland, LinderlMeddian and Overland & Meridian Intersection Page 9 0 0 02 Bidder 04 Bidder 02 Bidder 04 Bidder 02 Bidder 04 Bidder 02 Bidder 04 Bidder 02 Bidder 04 Bidder 02 Bidder 04 Bidder $5,400.00 $91,800.00 $5,000.00 $85,000.00 _ $3,500.00 1 $14,000.00 $3,300.00 $13,200.00 $1,177.00 $1,177.00 $1,000.00 $1,000.00 $6.00 $504.00 $5.00 $420.00 $1,872.50 $1,872.50 $1,000.00 $1,000.00 $1,500.00 $1,500.00 $10,000.00 $10,000.00 SP 4 Adjust Existing Water Main at new 17 FA 01 Bidder pipe crossing 03 Bidder Estimate $3,300.00 $56,100.00 $5,500.00 $93,500.00 $1,000.00 $17,000.00 SP 5 Upgrade Storm Drain pipe to water 01 Bidder class pipe 03 Bidder Estimate $708.00 $2,832.00 $3,630.00 $14,520.00 $1,000.00 $4,000.00 SP 6 Relocate Existing Water Meter 1 FJ\ 01 Bidder $1,670.00 $1,670.00 03 Bidder Estimate $1,100.00 $1,100.00 $2,000.00 $2,000.00 SP 7 Lawn Sod Restoration 84 SF 01 Bidder$6.00 $504.00 03 Bidder Estimate $2.00 $168.00 $5.00 1 $420.00 SP8 Relocate Existing Blow-off 1 FJ\ 01 Bidder $1,620.00 - $1,620.00 038idde Estimate--$2,000.00 $1,100.00 $1,100.00 $2,000.00 SP 9 Storm Water Management 1 LS 01 Bidder $8,200.00 $8,200.00 03 Bidder Estimate 01 Bidder $618,647.80 02 Bidder 04 Bidder $640,973.00 EsUrnatel $3,165.00 $3,165.00 $5,000.00 $5,000.00 $571,411.50 03 Bidder[_$698,095.00 $654,165.00 Contract Totals 01 Bidder $6,576,765.00 04 Bidder $7,211,868.00 02 Bidder Estimate $6,784,452.23 03 B/dde $6,866,931.00 $6,807,033.00 11/29/2006 CT207-03 Overland, LinderlMeddian and Overland & Meridian Intersection Page 9 December 1, 2006 MERIDIAN CITY COUNCIL MEETING December 5, 2006 APPLICANT ITEM NO. 5-H REQUEST Contract with Owyhee Construction for Broadway Avenue Water and Sewer ImDrovments 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: COMMENTS See attached Materials presented at public meetings shall become property of the City of Meridian. 0 December 1, 2006 MERIDIAN CITY COUNCIL MEETING 0 December 5, 2006 APPLICANT ITEM NO. 5-1 REQUEST Approve Contract for Jericho PRV Installation with Star Construction for $79,919.04 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: VI 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. Memo To: Will Berg; Tara Green From: Jon Mills, Staff Engineer CC: File Date: 11 /30/06 Re: Proposed Agenda Items for December 5, 2006 City Council Meeting The Public Works Department respectfully requests the following items be placed on the December 5 City Council agenda, under Consent Agenda, for Council's consideration: Jericho PRV Installation and Check Valve Removal Only one bid was received for this project from Star Construction. Mike Rice Excavation and Lurre Construction were contacted and were interested, but did not tum in a bid. The project includes installation of pressure reducing valve (PRV) and appurtenances on Fairview at Jericho and check valve removal. Star Construction's bid was $79,919.00. Recommended Council Action: The Public Works Department recommends that City Council approve the Contract for Jericho PRV Installation with Star Constrtuction for $79,919.00 and authorize the Mayor to sign it Thank you for your consideration. Please contact me if you have any questions regarding any of these items. 0 Page 1 0 Jericho Pressure Reducing Valve (PRV) Sid Schedule Sid ming: 111/30/2006 @ 3:OOPM At Public Narks Total 1 Mobilization LS 1 f.SZ;& 2 10" PRV Vault Per /Mail DrawinQ LS 72 3 10" Check Valve Removal and Pipe Replacement LS 1 0° a 9:3 2 9 3$2°- Electrical Service to Vault LS 1 49 I� S® SCADA Antenna, Radio Cabinet, and Appurtenances LS 1 gS� 00gSz� 6 20` Wood Antenna Pole EAS 1 s�oo �500 7 Traffic Control LS 1 I S19- 26 1481 3074.1,G.1 Type P Surface Restoration LS 1 7,-�S0 00 72 Sb = 706A.1.E.1 Sidewalk LS 1 5-029 $o e 700.4.1 A.7 Curb and Gutter, T if LS 1 /60 92- Signature Name irtle --11-3b 11-3b --� Cate Total of Bid Schedule Name Of Company � Address --N 4 - License Number • AGREEMENT FOR JERICHO PRESSURE REDUCING VALVE WITH STAR CONSTRUCTION, LLC. THIS AGREEMENT is dated the? ! 7� day of 6Kin the year 2006 by and between City of Meridian, Ada County, Idaho (hereinafter called OWNER) and Star Construction, LLC. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1 WORK The CONTRACTOR will complete all Work as specified or indicated in the Agreement. The WORK is generally described as follows: All labor and materials and permits required to construct the Jericho Pressure Reducing Valve as detailed in the cover letter and construction plans for this project provided to the contractor on November 22, 2006. All materials and workmanship will meet the City of Meridian Standard Specifications and Drawings. The Contractor should become familiar with the specifications. Detailed Description of Work The work is described in detail in the Construction Plans Article 2 ENGINEER The City of Meridian Public Works Department will be the ENGINEER. The City of Meridian Public Works Department is to act as OWNER's representative, assume -all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3- CONTRACT T111AE. The Work will be. completed by February 31, 2006 Article 4 CONTRACT PRICE. OWNER will pay CONTRACTOR for completion of the Work in current funds as follows: $79,919.00 Article 5 PAYMENT PROCEDURES. The CONTRACTOR will submit an Application for Payment upon completion of the Work Applications for Payment must be submitted to the Public Works Department. Payments. The OWNER will make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by the Public Works Department, on or about the 15t` day of each month during construction for Applications submitted to the Public Works Department prior to the 1 st day of that month. All progress payments will be on the basis of the progress of the work measured by the schedule of values established in Article 4. The OWNER may retain up to 5% of the amount of the payment until final completion and acceptance of all Work covered by this Agreement. Upon completion and acceptance of the Work, payment will be made in full, including retained percentages, less authorized deductions, within thirty (30) days. 12/28/2006 Page 1 of 3 ' Article 6 INTEREST. All moneys not paid when due will bear interest at 12% per annum or the maximum rate allowed by law at the place of Project, whichever is less. Article 7 CONTRACTOR'S REPRESENTATIONS. In order to induce the OWNER to enter into the Agreement, the CONTRACTOR makes the following representations: .7.1 The CONTRACTOR has familiarized itself with the nature and extent of the Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2 The CONTRACTOR. has studied carefully all drawings of physical conditions. 7.3 The CONTRACTOR has given Public Works Department written notice of all conflicts, errors or discrepancies that he has discovered and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8 CONTRACT DOCUMENTS. The Contract Documents, which comprise the entire agreement between the OWNER and the CONTRACTOR concerning the Work, consist of the following: 8.1 This Agreement. 8.2 Exhibits to this Agreement - N/A. 8.3 Construction Plans and cover letter. 8.4 CONTRACTOR's bid. 8.5 2005 Idaho Standards for Public Works Construction, including Division 100, except as superseded by the Information For Bidders, contained herein. 8.6 Revisions to the Standard Specifications and Special Provisions. 8.7 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.8 The documents listed in paragraph 8.2 above are .attached to this Agreement (except as expressly noted otherwise above). 8.9 City of Meridian Standard Specifications & Drawings — 2002 8.10 EJCD General Conditions There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented by -written Change Order. 12/28/2006 Page 2 of 3 Article 9 MISCELLANEOUS. 9.1 No assignment by a party hereto of any rights under or interest in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.2 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal'representatives in respect of all covenants and obligations contained in the Contract Documents. Article 10 OTHER PROVISIONS. None IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. The Agreement will be effective on 7 200;! OWNER Owner CITY OF MERIDIAN By: .G Name: Tammy eerd, Mayor CONTRACTOR Contractor S onstructio By: Name: Approved by City Council: ! Z — S �, �� ► i r ��, e [CORPORATE SEAL], Attest - l LL fittest William G. Berg, Jr. C 1 Address for giving notices %2f $ ��,0`"` Address for giving notices 33 East Idaho Ave "///ituill 1119e`APO Box 157 Meridian, ID 83642 Star, ID 83669 Public Works License No. 14428-A-4 V14V60 5q C111 CA rJa C" !Z 05" Z006 12/28/2006 Page 3 of 3 December 1, 2006 MERIDIAN CITY COUNCIL MEETING December 5, 2006 APPLICANT ITEM NO. 54 REQUEST Approve MOU with Meridian Rural Fire Protection District for Modification of the Method used to determine the contract service fee and the capital outlay expenditure for 2006 / 2007 Fiscal Year AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ore 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 properly of the City of Meridian. MEMORANDUM OF UNDERSTANDING AND AGREEMENT WHEREAS, a certain agreement entitled the "CITY OF MERIDIAN / MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT" (the "Agreement") exists between the City of Meridian (the "City") and the Meridian Rural Fire Protection District ("District"); and WHEREAS, pursuant to the Agreement, the District pays a fee (the "Contract Service Fee") to the City for the protection of property, both real and personal, against fire and for life preservation services, which includes those services a fire protection district, in the state of Idaho, is authorized to and does provide (the "Fire and Life Protection Services"); and WHEREAS, the Contract Service Fee is determined, pursuant to the Agreement, as a percentage of the "Gross Market Valuation Percentage", the "Population Percentage", and the "Market Valuation", all of which are delineated in section 8 of the Agreement; and WHEREAS, pursuant to the Agreement, the method used to determine the Contract Service Fee is the method used to determine the funding of the Capital Outlay Expenditure budget as between the City and the District; and WHEREAS, the Agreement permits the parties to amend or modify, by written amendment to the Agreement, the method used to determine the Contract Service Fee and the Capital Outlay Expenditure budget; and WHEREAS, the City and the District desire to amend and modify the method used to determine the Contract Service Fee and the Capital Outlay Expenditure budget, between the City and the District, for the 2006/2007 fiscal year, as the term "fiscal year" is defined by the Agreement (the "2006/2007 Fiscal Year"), by agreeing to a particular percentage allocation of such costs and expenses as between the City and District; and WHEREAS, the City and the District desire to make such amendment and modification because the City and the District, jointly and severally, through their respective Council and Board, find and conclude the citizens of the City and the District, respectively, will benefit, directly and indirectly, from setting, by agreement, the particular percentage allocation of the costs and expenses to provide the Fire and Life Protection Services in the City and the District, including capital expenditures, for the 2006/2007 Fiscal Year; and WHEREAS, the purpose of this Memorandum of Understanding and Agreement is for the City and the District to acknowledge and memorialize their agreement to amend and modify the method used to determine the Contract Service Fee and the Capital MEMORANDUM OF UNDERSTANDING & AGREEMENT Page 1 of 3 CITY OF MERIDIAN & MERIDIAN RURAL FIRE PROTECTION DISTRICT 0 • Outlay Expenditure budget, between the City and the District, for the 2006/2007 Fiscal Year by setting the particular percentage allocation of the costs and expenses to provide the Fire and Life Protection Services in the City and the District, including capital expenditures, for the 2006/2007 Fiscal Year•, NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged by the parties hereto, the City and the District hereby acknowledge and memorialize their agreement for the amendment and modification of the method used to determine the Contract Service Fee and the Capital Outlay Expenditure budget for the 2006/2007 Fiscal Year as follows: 1. Notwithstanding the calculated percentage of the "Gross Market Valuation Percentage", the "Population Percentage", and the "Market Valuation", as provided in section 8 of the Agreement, for the 2006/2007 Fiscal Year, the applicable and effective percentage allocation, for purposes of the Contract Service Fee and the Capital Outlay Expenditure budget, between the City and the District for the 2006/2007 Fiscal Year, shall be EIGHTY PERCENT (80%) attributable to the City and TWENTY PERCENT (20%) attributable to the District. 2. Said percentage allocation of EIGHTY PERCENT (80%) to the City and TWENTY PERCENT (20%) to the District for purposes of the Contract Service Fee and the Capital Outlay Expenditure budget shall be effectively only for the 2006/2007 Fiscal Year. The method for determining the percentage allocation for the Contract Service Fee and the Capital Outlay Expenditure budget for successive fiscal years shall be as provided in the Agreement, unless the City and District hereafter agree to further amend and modify the Agreement as to such method for determining said percentage allocation. 3. All other terms, provisions, covenants and agreements set forth in the Agreement shall remain and be the same. IN WITNESS WHEREOF, the parties have herein executed this addendum. DATED AND SIGNED this day of , 2006. City of Meridian LIN Approved by the City Council Attest: Mayor MEMORANDUM OF UNDERSTANDING & AGREEMENT Page 2 of 3 CITY OF MERIDIAN & MERIDIAN RURAL FIRE PROTECTION DISTRICT City Clerk Meridian Rural Fire Protection District Lo Attest: IM Secretary By Resolution No.: Chairman MEMORANDUM OF UNDERSTANDING & AGREEMENT Page 3 of 3 CITY OF MERIDIAN & MERIDIAN RURAL FIRE PROTECTION DISTRICT MEMORANDUM OF UNDERSTANDING AND AGREEMENT WHEREAS, a certain agreement entitled the "CITY OF MERIDIAN / MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT" (the "Agreement") exists between the City of Meridian (the "City") and the Meridian Rural Fire Protection District ("District"); and WHEREAS, pursuant to the Agreement, the District pays a fee (the "Contract Service Fee") to the City for the protection of property, both real and personal, against fire and for life preservation services, which includes those services a fire protection district, in the state of Idaho, is authorized to and does provide (the "Fire and Life Protection Services"); and WHEREAS, the Contract Service Fee is determined, pursuant to the Agreement, as a percentage of the "Gross Market Valuation Percentage", the "Population Percentage", and the "Market Valuation", all of which are delineated in section 8 of the Agreement; and WHEREAS, pursuant to the Agreement, the method used to determine the Contract Service Fee is the method used to determine the funding of the Capital Outlay Expenditure budget as between the City and the District; and WHEREAS, the Agreement permits the parties to amend or modify, by written amendment to the Agreement, the method used to determine the Contract Service Fee and the Capital Outlay Expenditure budget; and WHEREAS, the City and the District desire to amend and modify the method used to determine the Contract Service Fee and the Capital Outlay Expenditure budget, between the City and the District, for the 2006/2007 fiscal year, as the term "fiscal year" is defined by the Agreement (the "2006/2007 Fiscal Year"), by agreeing to a particular percentage allocation of such costs and expenses as between the City and District; and WHEREAS, the City and the District desire to make such amendment and modification because the City and the District, jointly and severally, through their respective Council and Board, find and conclude the citizens of the City and the District, respectively, will benefit, directly and indirectly, from setting, by agreement, the particular percentage allocation of the costs and expenses to provide the Fire and Life Protection Services in the City and the District, including capital expenditures, for the 2006/2007 Fiscal Year; and WHEREAS, the purpose of this Memorandum of Understanding and Agreement is for the City and the District to acknowledge and memorialize their agreement to amend and modify the method used to determine the Contract Service Fee and the Capital MEMORANDUM OF UNDERSTANDING & AGREEMENT Page 1 of 3 CITY OF MERIDIAN & MERIDIAN RURAL FIRE PROTECTION DISTRICT 0 0 Outlay Expenditure budget, between the City and the District, for the 2006/2007 Fiscal Year by setting the particular percentage allocation of the costs and expenses to provide the Fire and Life Protection Services in the City and the District, including capital expenditures, for the 2006/2007 Fiscal Year; NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged by the parties hereto, the City and the District hereby acknowledge and memorialize their agreement for the amendment and modification of the method used to determine the Contract Service Fee and the Capital Outlay Expenditure budget for the 2006/2007 Fiscal Year as follows: 1. Notwithstanding the calculated percentage of the "Gross Market Valuation Percentage", the "Population Percentage", and the "Market Valuation", as provided in section 8 of the Agreement, for the 2006/2007 Fiscal Year, the applicable and effective percentage allocation, for purposes of the Contract Service Fee and the Capital Outlay Expenditure budget, between the City and the District for the 2006/2007 Fiscal Year, shall be EIGHTY PERCENT (80%) attributable to the City and TWENTY PERCENT (20%) attributable to the District. 2. Said percentage allocation of EIGHTY PERCENT (80%) to the City and TWENTY PERCENT (20%) to the District for purposes of the Contract Service Fee and the Capital Outlay Expenditure budget shall be effectively only for the 2006/2007 Fiscal Year. The method for determining the percentage allocation for the Contract Service Fee and the Capital Outlay Expenditure budget for successive fiscal years shall be as provided in the Agreement, unless the City and District hereafter agree to further amend and modify the Agreement as to such method for determining said percentage allocation. 3. All other terms, provisions, covenants and agreements set forth in the Agreement shall remain and be the same. IN WITNESS WHEREOF, the parties have herein executed this addendum. DATED & SIGNED this 5S dayof %�- , 2006. City of Meridian By: ®�aggoF� Nktillm Approved by the City Council Attest: ® _ City Clerk o p t SCD MEMORANDUM OF UNDERSTANDING & ACrr �° �k` Page 2 of 3 CITY OF MERIDIAN & MERIDIAN RURAL3ItE,�PIpCTION DISTRICT 0 0 Meridian Rural Fire Protection District 'R By: #4fie— Chairman Attest: S e By Resolution No. Q(a -,6,03 MEMORANDUM OF UNDERSTANDING & AGREEMENT Page 3 of 3 CITY OF MERIDIAN & MERIDIAN RURAL FIRE PROTECTION DISTRICT December 1, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT • December 5, 2006 ITEM NO. 5-K REQUEST Approve Invoices for New City Hall AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the city of Meridian. Ideal Demolition Service 2299 South Mill Road Emmett, ID 83617 (208) 365-1514 Fax (208) 365-4915 BILL TO: Petra, Inc. 9056 W. Blackeagle Drive Boise, ID 83709 C*NIER #: 1042 INVOICE #: 0601238 INVOICE DATE: 11/14/06 DUE DATE: 12/14/06 JOB: 061004 Meridian Creamery 27 S Broadway Meridian, ID 83642 CURRENT PREVIOUS PREV % CURRENT CODE DESCRIPTION CONTRACT BILLED % COWL BILLING 00 Meridian Creamery TOTALS: C001 Change Order #1 CHANGE ORDER TOTALS 390.800.00 390,800.00 35,556.00 35,556.00 50.0 50.0 100.0 100.0 SUBTOTAL: LESS RETENTION: Thank you for your business! CITY HALL PROJECT APPROVED FOR PAYMENT POs 0-1 - 0011 Contract s n P- bt O- 061 Purc, A en royal: NET DUE: 195,400.00 195.400.00 35.556.00 35.556.00 230.956.00 -11.547.80 219.408.20 zI I. 000z� U p WU tu J� a.wo d U 00, d a aJ a a a • Ntl O o ' g g d g Z Z J Z 2 00 Q O A 6 N N w N M N N N N N N N N p � � U ! Y y 0 U Q K a 0 ui Wuig � w 888889 w= 888889 _ U ZZ w v v v N g i3 m e 90 w 888 $ 0 0 gi3 www o a N a o n S� O p O O U Bog w S a 1. n ci 0 O Na' e o a LU CL �w. N_ J = ~ CL m O U w Y of N Z 3 0o r w L J o a M a U. w w LU ¢ 0w w Z o 0 U O 8888880 N N J 8888889 Q. > (� b O 888$$89 w w o w w g$ A g n A g 8 m A g o at U W Q N N N P N A _ > «tttt���777 w U N w w 0 O m 9 o 0 ro c r Z O C a c= E e s 0 o m U r 5 m O o U din m^ 0 m 0 a`Uo a _ f w • Ntl O o z W ow0 000i" a Z Wi t W, U O w w 0 F o d U 0 a. Q J Q. CL I o f - z wul on a 0), a . IOL S J4. i -10 aW = oae d FIL Q� IL V N r z m N F W D 4 a O J w vi Z } EL a w w w w w w w w w w w w w w w w w w w w w w w w LL' O U Y j Z C O S U m CL O Z o O U W R' w p .9 � pp 6 p O p O N! h W S ui o m o Z Z N N N J LL m O Ln N 00 0 0 0R 0 0 0 o e e o o o o e e w o e o e 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 00 O O O O C, www mai o =paaio N �'. p O U Q w O a m O ai e K m o t7 w W 4 o H w tq a O N cr O O O W H J 0a � a U. w w w � 0 w Z w a � U O N f0 g 8 w o w J C w t0 Q) a) O1 nj ao N 1� N O J a) W O O p O p O pw O O O o O w � w N m P m � N W M a0 U 9J N N N N N P m W a S> U N w w tv O m m m 4 LLO x m m % Z O a Q o F E c L" K 2 m d a U v c c O (n m 0 ;, `m t a m c e Eo y 0 0` m c o m c .� m m a m c u m o M U u c w i w m U. K m O d m ` v w J E o Y m o 0 0 ami 'o 'o 'o aci p Q Uaaa oaan.a` W = o U (jJI I o f - z wul on a 0), a . IOL S J4. i -10 aW = oae d FIL Q� IL V ANVIL FENCE C0109ANY "WHERE QUALITY COUNTS SINCE 1961!" 106 E. 46TH PLACE BOISE, ID 83714-4701 SOLD TO: CITY OF MERIDIAN 33 E IDAHO AVE MERIDIAN ID 83642 Phone: (208)375-6767 Fax: (208)375-6768 ID CONT. REG. # RCE -703 ID PWL # 10927-A-4(0282( OR CONT. #98036 IMMIM01 15289 SHIP TO: NEW MERIDIAN CITY HALL 27 E BROADWAY MERIDIAN ID 83642 1 DELIVER 70' OF 6' TALL TEMPORARY PANELS TO 929.60 PROJECT. 5 "T" LEGS. 10.00 10 1 3/8" PANEL CLAMPS. ,_ 2.00 PLEASE SEE KEITH WATTS .I� QU�';I ES0 R,9'G ADING THIS INVOICE. CITY HALL PROJECT APPROVED FOR PAYMENT PuanahattY�!H�Ap�oval: SALES AMOUNT Good friends are like stars... You don't always see them, but SALES TAX you know they're always there! ON MATERIALS THANK YOU FOR YOUR BUSINESS!! PLEASE PAY BY INVOICE - NO STATEMENT WILL BE SENT • • 929.60 50.00 20.00 999.60 0 0 December 1, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING December 5, 2006 APPLICANT Planning Department ITEM NO. 6-A-1 REQUEST Blueprint for Good Growth Update 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: Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Ll 0 DECEIVED Requested Changes to the Agenda: Item SH Contract with Owyhee Construction. Continue IDEEYI-2/962006 Planning Department Report: City of Meridian City Clerk Office Background The Consortium has conceptually approved the Blueprint for Good Growth document. At that meeting, each mayor promised to not annex outside a 20 -year area of city impact. In addition to that, each presiding elected official has expressed support for the document, and everyone completely agreed that there is a need to fix the area of city impact amendment process. Thus ends the first phase of Blueprint for Good Growth. About a month ago, Frielich developed two items with regard to the implementation phase of Blueprint: an intergovernmental agreement (IGA) regarding funding and scope of work for phase II and a draft area of city impact (AOCI) amendment process. Area of City Impact Renegotiation Process None of the cities were happy with the draft agreement. It failed to address any of the flaws in the current process, and it asked the cities to give up there ability to consensually annex properties. We (the city staffs) met several times and roughly outlined a process that would be acceptable to us. We discussed this issue at our last Steering Committee meeting, and the direction from the committee was for the cities to meet with the County to prepare an alternative draft. When we met, we were basically told by the County that, "We are satisfied with this document and will not be proposing any alternative." Clearly this was not what we (city staffs) had anticipated or desired. Intergovernmental Agreement Each of the consortium members was asked to act on the IGA at a public hearing prior to December 15th. That agreement was with regard to the funding and scope of work for the implementation phase of Blueprint for Good Growth. It lacked specifics as to work products, process, and applicability to individual cities (as opposed to model ordinances). I did have the Clerk schedule that item because I did not anticipate that Council would be willing to enter into such an agreement at this time. The last I heard, none of the cities were going to act on the IGA by the December 15th deadline. Where We Stand We (the city staffs) met with Karen Dougherty, the Blueprint Coordinator, last week to discuss how to move forward from this point. The consensus was as follows: 1) We need to hire someone with skills in conflict resolution to find a workable solution to the AoCI process. The solution must be generally consistent with the Association of Idaho Cities efforts underway to amend the state code with regard to the AoCI process. Karen was to get a general idea as to how much such an item would cost. 2) The Steering Committee will review the IGA scope of services at their meeting on December 14th. The idea is to clearly define the desired work products from the funding agencies. We anticipate that it will be a smaller list with specific, adoptable work products, rather than the many model ordinances currently included in the scope. The Consortium (also meeting on December 14) will receive an update on the results from the Steering Committee meeting. I will get back to the Mayor and Council after the 15th with an update. 3) Karen Dougherty's services have been very valuable and are still needed with regard to the aforementioned items. She should prepare a contract to be approved separately from any other implementation services. Question for City Council to Answer: 1) Are you in favor of participating in a conflict resolution process regarding AoCI renegotiations? 2) Do you wish to continue the contract with Dr. Freilich? I would recommend that Council NOT contract with Dr. Freilich for any portion of the implementation work. 3) Do you support continuing the contract for Karen Dougherty? December 1, 2006 MERIDIAN CITY COUNCIL MEETING December 5, 2006 APPLICANT Fire Department ITEM NO. REQUEST Discussion of Proposed Ada County EMS Ordinance 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: See attached CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ep ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY 4e CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO DOWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emalled: Staff Initials: Materials presented at public meetings shaft become property of the City of Meridian. . Page 1 of l Peggy Gardner From: Ron Anderson Sent: Monday, November 27, 2006 5:09 PM To: Tammy de Weerd Cc: Ronaldo Coulter; Peggy Gardner Subject: Proposed Ada County EMS Ordinance Attachments: EMS Ordinance Proposal 11-16-06 D10.doc Mayor de Weerd Ada County EMS has drafted a new proposed ordinance governing how EMS will be operated throughout the County. I would like to sit down with you as soon as possible to discuss the effects this ordinance will have on Meridian Fire Department. I have attached a copy of the ordinance for your review prior to our meeting. This ordinance is scheduled for public hearing before the Ada County Commissioners on Dec 12th at 9:00 a.m. Several of the Ada County Fire Chief's will be meeting with their respective Mayors & Fire Commissioners over the next few days to determine our position and strategy regarding this ordinance. Please check your schedule and let me know when a good time to meet with you is. Ron L Anderson Fire Chief Meridian Fire Department (208) 888-1234 11/30/2006 • 9 Draft revision November 16, 2006 AN ORDINANCE DELETING ADA COUNTY CODE TITLE 4, CHAPTER 4, RELATING TO THE PROVISION OF EMERGENCY MEDICAL SERVICES AND ENACTING A NEW TITLE 4, CHAPTER 4 TO RELATING TO THE PROVISION OF EMERGENCY MEDICAL SERVICES TO ESTABLISH A BASIC FRAMEWORK TO ADMINISTER, OVERSEE, AND REGULATE THE PROVISIONS OF THE EMERGENCY MEDICAL SERVICES SYSTEM WITHIN ADA COUNTY. IT IS THE INTENT OF THE BOARD OF COUNTY COMMISSIONERS TO DEFINE THE STRUCTURE OF ADA COUNTY'S COMMITMENT TO EMERGENCY MEDICAL SERVICES; TO DETERMINE WORKING RELATIONSHIPS BETWEEN ADA COUNTY AND EMERGENCY MEDICAL SERVICE PROVIDERS; TO SET FORTH RULES, REGULATIONS, POLICIES, TERMS AND CONDITIONS UPON WHICH SERVICES WILL BE PROVIDED TO MEET THE MISSION, GOALS, AND OBJECTIVES AS SET BY THE BOARD. ABOVE ALL, THE PURPOSE OF THE PROVISIONS OF THIS ORDINANCE IS TO PROVIDE OPPORTUNITIES FOR COOPERATION AND COORDINATION IN ORDER TO ACHIEVE THE MOST COST-EFFECTIVE AND HIGHEST QUALITY EMERGENCY MEDICAL SERVICES SYSTEM POSSIBLE IN ADA COUNTY. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ADA COUNTY, IDAHO, THAT TITLE 4, CHAPTER 4, SECTIONS 4-4-1, 4-4-2, 4-4-3, 4-4-4, 4-4-5, 4-4-6, 4-4-7, 4-4-8, 4-4-9, 4-4-10, 4-4-11, 4-4-12, 4-4-13, 4-4-14, AND 4-4- 15 OF THE ADA COUNTY CODE IS ENACTED AS FOLLOWS: E • Title 4, Chapter 4, shall be replaced with the following: CHAPTER 4 EMERGENCY MEDICAL SERVICES SECTION 4-4-1: Definitions 4-4-2: Authority, Responsibility, and Oversight 4-4-3: Funding 4-4-4: Scope of Practice 4-4-5: Requirements for Operation; Exceptions 4-4-6: Classification of Services 9-1-1 Emergency Services Non -Emergency Transportation Services Stand-by Services 4-4-7: EMS Operations 4-4-8: Ambulance License Requirements 4-4-8-1: Fees; Terms 4-4-8-2: Investigation; Issuance or Denial 4-4-8-3: Insurance 4-4-8-4: Ambulance Service Requirements 4-4-8-5: Equipment Requirements 4-4-8-6: Communications Equipment Requirements 4-4-8-7: Ambulance Maintenance Standards 4-4-8-8: Revocation 4-4-9: Medical Control 4-4-10: Advertising for Ambulance Services 4-4-11: Use of Warning Devices; Emergency Response 4-4-12: Requirement for Maintenance of EMS License; Revocation of EMS License 4-4-13: EMS Provider License Requirements 4-4-13-1: Revocation 4-4-14: Penalties 4-4-15: Severability 2 0 Preamble Purpose: Emergency Medical Services (EMS) provides out-of-hospital medical care as a component of the overall health care system. EMS is also a critical component of the public safety network to provide services to improve the health and safety of all people within its response area. Ada County has the responsibility and authority to provide ambulance services within its boundaries by Idaho statute. This ordinance is enacted to optimize out- of-hospital medical care by maximizing effective and efficient oversight and operations. EMS in Ada County is addressed using a systems approach to provide a basic framework and standardize the delivery of EMS while maintaining high EMS and community standards. As a mix of government and enterprise services, revenue sources come from both taxpayer dollars and fees -for -service. Fees provide a majority of funding and will continue to be the primary revenue stream to protect the taxpayers' interest and keep necessary tax dollars low. Authority: This ordinance is enacted pursuant to the authority granted by Article 12, Section 2 of the Constitution of the State of Idaho, and by Sections 31-714, 31- 828, 31-866, and all of Chapter 39, Title 31 of Idaho Code. Extent: This ordinance will encompass emergency 9-1-1 EMS calls, EMS standby services, Inter -facility transfers, non -emergency transfers, and other circumstances where certified EMS responders and/or ambulance services are reasonably necessary to provide medical care and/or patient transportation. Who: This ordinance applies to all EMS services operating in Ada County, including: Ada County EMS (Paramedics), Fire Department EMS Programs, Private EMS agencies, Hospital-based EMS services (ground and air), and Private Organizations' Emergency Response Teams that utilize State of Idaho certified EMS personnel. How to accomplish: The EMS system outlined in this ordinance shall be implemented and maintained through regulation, cooperative agreements, joint powers agreements, contract services, and other methods necessary to fulfill EMS system needs. Where it applies: All of Ada County including cities and districts within the county. Effective: January 1, 2007 K 0 0 4-4-1: DEFINITIONS: As used in this Chapter, terms and words have the same meaning ascribed to them in the Idaho Code; specifically: sections 56-1012, 56-1016, 31-4802, and the State of Idaho Department of Health and Welfare, "Rules Governing Emergency Medical Services" Title 02, Chapter 03, IDAPA 16.02.03, Title 01, Chapter 06, IDAPA 22.01.06 Rules for EMS Personnel, promulgated by the State of Idaho Bureau of Emergency Medical Services as authorized by Idaho Code section 56-1017. Should any definition be amended within state statute or rule of the Idaho Department of Healer and Welfare, the amendment shall be adopted within this Ordinance without further action by the Board. Ada County Emergency Medical Services (ACEMS). Ada County EMS - Department of Ada County government, created by Ada County Commissioners by this Chapter d/b/a Ada County Paramedics (ACP). Ada County Emergency Medical Services Advisory Board (Advisory Board). A board appointed by Ada County Commissioners as authorized by this Chapter. Advanced Emergency Medical Technician -Ambulance (AEMT A). An individual certified by the State of Idaho EMS Bureau on the basis of successful completion of an advanced EMT training program, examination, subsequent required continuing training, and recertification. Advanced Life Support (ALS). The provision of medical care, medication administration and treatment with medical devices which correspond to the knowledge and skill objectives in the EMT -Paramedic curriculum currently approved by the State Health Officer in accordance with Subsection 201.04 of these rules and within the scope of practice defined in IDAPA 22.01.06, "Rules for EMS Personnel," Subsection 011.05, by persons certified as EMT -Paramedics in accordance with these rules. Advertise. Communication of information to the public, institutions, or to any person concerned, by any oral, written, or graphic means including handbills, newspapers, television, radio, telephone directories or billboards. Agency. An applicant for designation or a licensed EMS service seeking designation. Air Medical Response. The deployment of an aircraft licensed as an ambulance to an emergency scene intended for the purpose of patient treatment and transportation. Ambulance. Any privately or publicly owned ground vehicle, nautical vessel, fixed wing aircraft or rotary wing aircraft used for, or intended to be 4 0 • used for, the transportation of sick or injured persons who may need medical attention during transport. Ambulance -Based Clinicians. Licensed Professional Nurses, Advanced Practice Professional Nurses, and Physician Assistants with current licenses from the Board of Nursing or the Board of Medicine, who are personnel provided by licensed EMS services. Board of County Commissioners (Board). The Board of County Commissioners of Ada County, Idaho. Certification. A credential issued to an individual by the State of Idaho EMS Bureau for a specified period of time indicating that minimum standards corresponding to one (1) or several levels of EMS proficiency have been met. Certified Personnel. Individuals who have completed braining and successfully passed examinations for training and skills proficiency in one (1) or several levels of emergency medical services. Code 3. For purposes of this Chapter, Code 3 means operating an authorized ambulance using emergency lights and/or siren. Code 2. For purposes of this Chapter, Code 2 means operating an authorized ambulance in an expedited manner without using emergency lights and/or siren. Code 1. For purposes of this Chapter, Code 1 means operating an authorized emergency vehicle without using emergency lights and/or siren. Critical Care Transfer (CCT). The transportation of a patient with continuous care, monitoring, medication or procedures requiring knowledge or skills not contained within the EMT -Paramedic curriculum approved by the State Health Officer. Interventions provided by EMT - Paramedics are governed by the scope of practice defined in IDAPA 22.41.46, "Rules for EMS Personnel". Director of Ada County Emergency Medical Services. (Director) - The Director of Ada County Emergency Medical Services Department, appointed by Ada. County Commissioners, pursuant to this Ordinance. Emergency. A medical condition, the onset of which is sudden, that manifests itself by symptoms of sufficient severity, including severe pain, that a prudent layperson, who possesses an average knowledge of health and medicine, could reasonably expect the absence of immediate medical C 0 0 attention to result in placing the person's health in serious jeopardy, or in causing serious impairments of bodily function or serious dysfunction of any bodily organ or part. Emergency Medical Dispatch (EMD). A triage system for use by public safety communications agencies to screen calls for emergency medical services so that first responders including fire and EMS have the most thorough and concise information available by which to determine the priority of their response. Emergency Medical Services (EMS). The services utilized in responding to a perceived individual need for immediate care in order to prevent loss of life or aggravation of physiological or psychological illness or injury. EMS Bureau. The Emergency Medical Services (EMS) Bureau of the State of Idaho, Department of Health and Welfare. EMS Standards Manual. A manual published by the EMS Bureau detailing policy information including EMS education, training, certification, licensure, and data collection. EMS System. The system, comprised of public and/or private providers, responsible for the provision of EMS services and EMS -related services in Ada County. Emergency Medical Technician. An individual certified by the State of EMS Bureau on the basis of successful completion of an EMT training program, examination, subsequent required continuing training, and recertification. Emergency Medical Technician -Paramedic (EMT -P or Paramedic). An individual certified by the State of EMS Bureau on the basis of successful completion of a paramedic training program, examination, subsequent required continuing training, and recertification. Emergency Response Teams (ERTs). Individuals or teams assigned to respond to medical emergencies within a facility or campus. Emergency Response Teams are non -transport, first response resources. Emergency Scene. Any setting, including standbys outside of a hospital, with the exception of the inter -facility transfer, in which the provision of EMS may take place. Hospital. An institution that is primarily engaged in providing, by or under the supervision of credentialed providers, to inpatients (1) diagnostic services and therapeutic services for medical diagnosis, treatment, and care of injured, disabled, or sick persons; or (2) services for the rehabilitation of 0 injured, disabled, or sick persons. For the purposes of this ordinance, "hospital(s)" must also have physicians on -staff twenty-four hour per day, seven days a week (24/7) and the capability to provide emergency medical care to be considered a receiving facility for EMS patients or be considered an appropriate facility for "inter -facility" transfers. Inter -facility transfer. The transportation of a patient from one hospital to another hospital. Licensed EMS Services. Ambulance services and non -transport services licensed by the State of Idaho EMS Bureau to function in Idaho. National Incident Management System (NIMS). A comprehensive, national approach to incident management that is applicable at all jurisdictional levels and across functional disciplines. Non -Emergency Transport. The transportation of medical patients whose condition does not meet emergency classification. Also intends to be facilities or persons summoning non -emergency ambulance transportation through means other than the 911 system. Non -Transport. A vehicle design or organizational configuration which brings EMS personnel or equipment to a location, but does not move any sick or injured person from that location. Out -of -Hospital. Any setting outside of a hospital, including inter -facility transfers, in which the provision of EMS may take place. Patient Assessment. The evaluation of a patient by EMS certified personnel intending to provide treatment or transportation to that patient. Physician. A person licensed by the Idaho State Board of Medicine to practice medicine or surgery or osteopathic medicine or surgery in Idaho. Pre -Hospital. Any setting (including standbys) outside of a hospital, with the exception of the inter -facility transfer, in which the provision of EMS may take place. Provider. The word "provider" means the following: 1. Any person or business, public or private, including, but not limited to, any corporation, limited liability company, or partnership, that operates an ambulance or provides EMS services; or 2. Any public agency," as defined in Idaho Code Section 67-2327, that operates an ambulance or provides EMS services. Quality Assurance (QA). The organized method of auditing, evaluating, and improving medical care and service standards within EMS systems. 7 Quality improvement (Qi). The concept of a continual cycle of evaluation and improvement. Special Operations. As used in this Chapter, Special Operations means any of a variety of technical medical rescue that requires specially trained personnel; including high angle rescue, support of law enforcement in dangerous situations, and medical support for hazardous material exposure. Standing Written Orders (SWOs). The medical protocols, policies, and procedures developed for off-line medical control and approved by the medical director of respective EMS provider. Standby. Standby is defined as any setting outside of a hospital in which a licensed EMS agency is providing, either voluntary or paid, EMS non. transport services. Examples include concerts, demonstrations, athletic and community events. Transfer. The transportation of a patient from one (1) medical care facility to another by ambulance. 4-4-2: AUTHORITY, RESPONSIBILITY, AND OVERSIGHT A. Establishment of an EMS Department: There is hereby established under the Board of County Commissioners, a department known as the Emergency Medical Services Department d/b/a/ Ada County Paramedics, the primary function of which shall be to provide and maintain emergency medical services for Ada County through the direct provision of services, and/or the use and coordination of such services as may be available from other entities, public and private, within the County, including the operation of an ambulance service as authorized by Title 56, Chapter 10, and Title 31, Chapter 39, Idaho Code. I. The EMS Department is charged with the following responsibility: 1) Responding to calls for emergency medical assistance or special operations within Ada County, to assess patient medical needs, treat as medically appropriate, and transport patients in need of further medical testing or treatment to the nearest most appropriate medical treatment facility; 2) Collaborate with medical providers and community stakeholders to plan and maintain an EMS system with the highest standards of pre -hospital and out-of-hospital emergency medical care within the community; 3) Advise community emergency first responders on matters of out-of- hospital emergency medical care; 8 4) Provide guidance for continuing education of first responders within the County; and 5) Provide EMS oversight through regulation of EMS providers and medical transport services as provided in this Chapter. 2. Ada County having statutory authority and responsibility for providing ambulance services to its citizens has determined that the EMS Department is the most appropriate manager of issues related to out-of-hospital emergency medical services within its statutory purview. B. Advisory Board: The Board of County Commissioners (Board) shall establish an Advisory Board to be known as the Ada County Emergency Medical Services Advisory Board, whose primary function shall be to advise the EMS Director and the Board on matters pertaining to continuing development and planning of the emergency medical services system within Ada County, including, but not limited to, such matters as a community standard of medical care, long range strategic planning, community relations and EMS systems program support. 1. The Advisory Board shall be made up of no fewer than seven (7) and no more than eleven (11) members, all of whom shall be residents of Ada County or have a professional practice or be affiliated with an EMS or medical organization with its primary operation n Ada County and at least one of whom shall be a physician licensed in Idaho who is regularly engaged in the practice of emergency medicine, cardiology or other field of medical practice involving regular contact with the EMS system. 2. Members shall be appointed by the Board to serve a three-year term and will be reviewed for reappointment When contemplating reappointment; the Board will consider attendance and the contributions made to furthering and improving the EMS system. 3. In addition to the regularly appointed Advisory Board members, other participants may be invited by the Board or Advisory Board. Participants will serve a necessary purpose for a pre -determined period of time and may represent various community interests or expertise including other emergency services providers, hospitals, and physicians. Participants shall not have a vote in matters before the Advisory Board. 4. The Advisory Board shall have authority to appoint and work within subcommittees charged with particular functions and shall, in addition, work with such other County officials and/or advisory committees as the Board may designate. z C. Emergency Medical Services Director: A Director shall be appointed by the Board of County Commissioners to manage the EMS Department and shall report directly to the Board. The Director shall have responsibility for direction of the work force and management of facilities and equipment of the EMS Department and shall have authority ordinarily possessed by a county department head. If the Director is unavailable for any reason, direction shall follow the Department's chain of command to provide the Department direction on a temporary basis. D. Medical Director(s): The Director shall by written agreement, approved by the Board, contract with a physician whose title shall be Ada County Emergency Medical Services Medical Director. The EMS Department may have co -medical directors, each an emergency physician from a local regional medical center. The agreement shall describe the duties and function of the medical director, including quality control, training, standards of care, development of standing written orders, medical oversight; and such other activities and services as are deemed appropriate by the Director. E. Authority of Ada County EMS: EMS Department personnel rendering emergency medical services at the scene of a medical emergency, injury or sudden onset of acute illness to which they have been dispatched or summoned shall be deemed to have medical and special operations authority until the patient is released to appropriate medical care. Authority to direct activities of providers present at the care site of a medical emergency shall reside in the ranking paramedic from Ada County EMS. This section is intended to apply only to medical services and does not affect authority of law enforcement, fire suppression, or other non-medical service activities by legally responsible responding public agencies. In the event any public or private emergency personnel encounter a patient in need of EMS, the personnel are obligated to immediately notify Ada County Emergency Dispatch for an Ada County EMS response. Transfer of care protocols shall dictate the process while transferring care from one medical provider to another. F. EMS System Oversight: The EMS system in Ada County is comprised of many organizations, including: Ada County, the Ada County ambulance district, cities, fire districts, hospitals, private enterprise, and the medical community. With such a wide variety of interests and governing bodies involved, an EMS system must be established to provide the necessary framework to maintain or improve standards, avoid duplication of services, optimize taxpayer dollars and user fees. All stakeholders in the EMS system shall consider these factors in their short and long-term planning. 10 1. Ada County is tasked with providing ambulance services for the County and has established Ada County EMS as described above and established an ambulance taxing district to provide this service. The County is authorized to regulate ambulance service to maintain standards and protect the interest of the public from both a safety and financial perspective. Ada County EMS shall be the only authorized 9-1-1 Emergency Service Transport Provider operating in Ada County. All 9-1-1 ambulances shall be owned and operated by Ada County. Cities, fire districts, or private providers desiring an increased service level may work with Ada County through cooperative staffing agreements as deemed necessary and feasible by the requesting party and Ada County. Ada County reserves the sole right and authority to enter into agreements for the provision of EMS or EMS -related services. 2. Private organizations have no statutory responsibility or right to provide EMS services but may provide necessary services to the EMS system. Their participation is regulated by the State of Idaho EMS Bureau rules and by the County under this Ordinance. 3. Each participating agency shall comply with State of Idaho EMS Bureau rules and the applicable elements of this ordinance. G. Mass Gathering or Large Special Events Ada County EMS shall have medical authority for mass gatherings, community and special events. Organizers of such events must have a documented communications plan for 911 services and a medical plan for medical emergencies. Organizers must have the plan approved by Ada County Paramedics as defined in a mass gathering/special events plan. 4-4-3 FUNDING A. Overview: Emergency Medical Services consists of several various groups that come together to maximize the emergency health care delivery system. These groups are represented by public entities, private for-profit and private not-for- profit ot for- profit organizations. B. Funding: The Department is an enterprise fund generating revenue through various sources including, but not limited to: fees for rendered services, contract services, grants and statutory levied taxes. Revenues generated through the operation of ambulance services within Ada County shall be used to maintain the standards of pre -hospital emergency care and system readiness. 4-4-4 SCOPE OF PRACTICE 11 A. 9-1-1 Emergency Medical Response: 911 emergency medical response within Ada County consists of the County's ambulance service, several fire departments/districts, and private Emergency Response Teams. Air ambulances also provide support to the 9-1-1 system. The County, private ambulance services, and hospital-based ambulance providers provide urgent and non -emergency transport services outside of the 9-1-1 system. B. Level of Care: Each organization providing EMS services must be licensed by the State of Idaho EMS Bureau to perform at a certain level of care. Each entity will comply with Idaho state law regarding their scope of practice. Ada. County EMS shall be the only 9-1-1 emergency transport ambulance provider responding within Ada County. C. Medical Direction: 1. Ada County Medical Directorate: Shall consist of all Medical Directors of 9-1-1 EMS responders within Ada County. The Directorate's purpose is to provide medical guidance and levels of care to emergency responders through the development of Standing Written Orders, systems integration, performance improvement, and training. The Ada County EMS Medical Director will serve as chairman of the Directorate and have ultimate medical authority, including veto rights, over the provision of medical care at all levels within the EMS System. The Medical Directorate shall work in concert with the Directors and Chiefs of the EMS providers. 2. 9-1-1 System: Ada County EMS and all Fire Departments in Ada County will operate within the scope of practice as defined by the Ada County Medical Directorate. The Physician Medical Director shall be a Board certified by the Idaho Board of Medicine as an Emergency Physician and shall practice within Ada County. Each Physician Medical Director shall serve on the Ada County Medical Directorate. No EMS Provider shall function outside of the scope of the Ada County's SWOs without on-line medical direction. 3. Air Medical Flight Programs: May practice as licensed by the State of Idaho EMS Bureau and may electively participate in the Medical Directorate. Programs must be operational on a twenty-four hour per day, seven days a week (24/7) basis and accredited by The Commission on Accreditation of Medical Transport Systems (CAMTS) to be considered in the 9-1-1 system rotation. 4. Private and Hospital-based Ground Ambulance Services: May practice as licensed by the State of Idaho EMS Bureau for the provision of services 12 authorized by Ada County. Directorate. SWOs for off-line Ada County Medical Directorate D. Training: May electively participate in the Medical medical control must be reviewed by the 1. All field response personnel must be EMS certified and maintain certification by the State of Idaho EMS Bureau. 2. Entry level medical education requirements: All EMS certified personnel working within the 9-1-1 system or providing standby services in Ada County shall successfully complete written and practical medical knowledge assessment requirements as developed and approved by the Ada County Medical Directorate prior to treating patients. 3. All entities providing EMS services including emergency, non -emergency, or standby services within Ada County shall have a developed Quality Assurance/ Quality Improvement (QA/QI) system approved by the Medical Directorate. 4.4-5: REQUIREMENT FOR OPERATION; EXCEPTIONS A. It shall be unlawful for any person public or private, as owner, agent, or otherwise, to conduct or operate an emergency medical service including first response, non -transport, non -emergency transport, and stand-by services, within Ada County without first obtaining an EMS Service License, issued pursuant to this Chapter. B. It shall be unlawful for any person, as owner, agent or otherwise to operate or permit to be operated an ambulance within Ada County unless the service is appropriately licensed as provided in this Chapter and the vehicles met requirements described in Rules Governing Emergency Medical Services, Title 16, Chapter 2, Section 3, promulgated by the State of Idaho, Department of Health and Welfare, EMS Bureau, specifically, IDAPA 16.02.03.300, IDAPA 16.02.03.300.011 IDAPA 16.02.03.300.02, IDAPA 16.02.03.301, IDAPA 16.02.03.301.01, IDAPA 16.02.03.301.02 and Minimum Equipment Standards for Licensed EMS Services, as those rules apply. Evidence of compliance must be submitted annually to Ada County at the time of application. C. It shall be unlawful for any person, as owner, agent or otherwise, to operate or permit to be operated, an ambulance within Ada County unless each individual Emergency Medical Technician or Ambulance Based Clinician on board each 13 ambulance holds a current license, issued pursuant to this Chapter. Such licensure is contingent upon providing proof of certification for the level of medical care to be provided, as described in Rules Governing Emergency Medical Services, IDAPA 16.02.03 and IDAPA 22.01.06, along with requirements of this Chapter. D. It shall be unlawful for any service operating as an air ambulance to operate an aircraft that is not in compliance with Federal Aviation Administration (FAA) regulations. It shall also be unlawful for the pilot of an aircraft operating an air ambulance to operate such aircraft in violation of any regulation of the Federal Aviation Administration. It shall also be unlawful for any rotary wing aircraft operating as an air ambulance to violate Rules Governing Emergency Medical Services, IDAPA 16.02.03 as those rules apply. Applications for licensure shall clearly identify the holder of the air carrier Part 135 certificate issued by the FAA. The license holder shall notify Ada County in writing of any changes to the holder of the air carrier Part 135 certificate within ten (10) days of the change. Any alleged violation of this section will be referred to the Federal Aviation Administration for appropriate action. If the circumstances that give rise to a complaint of a Federal Aviation Administration rule violation, or contains allegation of conduct that would be a violation of any other part of this Chapter, Ada. County may cause further inquiry and administrative action to occur. E. Certificate of Public Convenience and Necessity. No EMS service or ambulance license shall be issued to a new provider unless the County finds that a provider's proposed service is required by the public convenience and necessity and that the applicant is fit, willing, and able to provide service that conforms to the policies, procedures, and standards set by this Chapter. In this regard, the Board may consider the safety, health, prosperity, morals, peace, good order, comfort', convenience, and property of the residents of Ada County, Idaho, pursuant to Idaho Code section 31-714. F. Exceptions: The provisions of this Chapter shall not apply to ambulances being operated by an agency or department of the United States or the State of Idaho. Licensing requirements of this Chapter shall not apply to: 1. An ambulance which, at the request of the Board, the Director, or the Ada County Emergency Management Director or their designees, is rendering assistance to the EMS Department in the event of a major catastrophe or emergency. 2. Any other circumstance when Ada County specifically requests assistance. 14 0 3. An ambulance service that transports patients from outside Ada County to locations within Ada County, and/or return of a patient to a location outside Ada County. 44-6: CLASSIFICATION OF SERVICES Pre -hospital or out of hospital response, transport, transfer and standby medical service pursuant to this Chapter are characterized as follows: A. 9-1-1 EMERGENCY SERVICES: Emergent medical services dispatched through 9-1-1 emergency dispatch, which requires a Code 3 or Code 2 response, and requires special vehicles and equipment, and requires specialized certification of personnel, as described in Rules Governing Emergency Medical Services, IDAPA 16.02.03, and authorization by Ada County to respond to such calls. No emergency pre -hospital or out-of-hospital ground transport services will be licensed or permitted to operate while Ada County EMS Department provides emergency medical services in Ada County. 1. Transport Services — The Ada County EMS Department shall be the only provider of transport service within Ada County. 2. Non -Transport Services — All Fire Departments/Districts operating within the borders of Ada County; all entities or services licensed by the State of Idaho EMS Bureau as non -transport services and operate within the borders of Ada County. Non -transport services provide EMS first response and shall not provide ambulance transportation services. B. NON -EMERGENCY TRANSPORTATION SERVICES: Non- emergency transportation services include the transportation of non-acute medical patients or any individual that must be transported by gurney. All providers of such services must be licensed under this Chapter. Responses to acute illnesses and/or injuries outside of a hospital setting, regardless of call origin or location are considered pre -hospital emergencies and shall not be handled by licensees under this sub -section but must be referred to Ada County Emergency Dispatch Center for a 9-1-1 emergency services response. 1. Non -Emergency Transfers: Medical transfers which are non- emergent, requiring a Code 1 or Code 2 response, which require special equipment and/or vehicles and personnel with certified expertise as described within the Rules Governing Emergency Medical Services, IDAPA 16.02.03, and authorized by a license issued by Ada County. Licenses shall only be issued to services deemed to have met the requirements for a Certificate of Public Convenience and Necessity. 15 2. Critical Care Transfers: Inter -facility (hospital -to -hospital) transfers that can be emergent in nature requiring a Code 1, 2, or 3 response, meet the definition of critical care, and fulfills the requirements as described within the Rules Governing Emergency Medical Services, IDAPA 16.02.03, and authorized by a license issued by Ada County. 3. Gurney Van Transportation: Transportation of individuals with no acute medical issues and are unable to ambulate or be moved by wheelchair services and require transportation by gurney. Gurney vans shall not be used to transport patients to or from medical facilities for any healthcare needs without the expressed permission and approval of Ada County. Any patient who is transported by gurney shall be attended to at all times by an EMS certified provider who is not engaged in vehicle operations. C. STAND-BY SERVICES: Medical services that do not require emergency medical ground or air transportation capabilities, but require personnel with expertise described within the Rules Governing Emergency Medical Services IDAPA 16.02-03, and authorized by a license issued by Ada County. I. While performing a stand-by service, licensee will not transport an ill or injured patient, but shall initiate the 9-1-1 emergency response system for transport. 2. Stand-by services and organizers must adhere to Mass Gathering or Large Special Events requirements as set forth in Section 4-4-2-H of this Chapter. D. CLASSIFICATION OF LICENSES The class of license is issued to meet the needs of the County and the operational intent of the submitting entity. The County will evaluate the Certificate of Public Convenience and Necessity when determining if licensure is necessary and what class of license is appropriate. The Director ascertains which class would best suit the needs described. The respective annual Conditions of Licensure will outline specific requirements, fees, and conditions associated with licensure. I. Class 1: 911 Emergency ALS Ambulance Services - Ada County EMS is the only organization that operates as a Class 1 licensee. 2. Class 2: 911 Emergency BLS Ambulance Services - Ada County EMS is the only organization that operates as a Class 2 licensee. 3. Class 3: Non -emergency transfers and critical care transfers as authorized by Ada County and State EMS. Limited to Ada County EMS and existing 16 0 ! Class 3 License Holders that are operating in Ada County upon the passage of this Ordinance. 4. Class 4: Standby Services 5. Class 5: Hospital-based ambulance services providing non -911 critical care transports, inter -facility transfers, and ground support of their flight operations. 6. Class 6: Gurney van transportation services 7. Class 7: Other specifications that may not fit into other designations as determined by the Board and the EMS Director. 4-4-7: EMS OPERATIONS The EMS System in Ada County is developed as a tiered response system. This system uses various resources at determined levels of service to optimize patient care and maximize efficiency and effectiveness. A. EMS Dispatch System L Emergency Medical Dispatch a) This Chapter recognizes Emergency Medical Dispatch protocols for call prioritization and response levels to medical emergencies within Ada County. All EMS responders, and non -emergency responders shall adhere to these protocols and call prioritization. Emergency response using lights and/or sirens shall be used only when necessary for patient care concerns. 2. Coordinating Ancillary Medical Services a) Ada County EMS shall determine and coordinate dispatching and on scene arrival of EMS ancillary or support medical transport services within Ada County as that need is identified and those services are available using the Ada County Emergency Dispatch Center. B. Quick Response Units/ Non -transport Services 1. Fire Departments: Fire departments are operated by fire districts or cities within Ada County. Their strategic locations and number of stations offer the departments an ability to provide quick response to emergency medical and fire calls. The fire departments provide medical care at various levels to patients until the arrival of Ada County EMS. The multi -agency medical team then coordinates for an orderly transfer of care from fire department personnel to Ada County EMS personnel for transport. Fire departments provide non -transport services only and shall not own and operate ambulances within Ada County. Ada County may enter into staffing agreements with public and private entities. 17 0 0 2. Emergency Response Teams: Private entities may staff in-house emergency response teams (ERTs) to respond to medical emergencies within their facilities. Emergency response (EMS) using the 9-1-1 system should be summoned simultaneously with the internal dispatch of ERTs when medically appropriate. ERTs should be licensed at the appropriate non -transport level by State of Idaho EMS Bureau if the facility is utilizing EMS certified personnel. The ERTs provide medical care to patients until the arrival of Ada County EMS. The multi -entity medical team shall then coordinate for an orderly transfer of care from the ERT to Ada County EMS personnel for transport. ERTs shall provide non -transport services only and shall not own and operate ambulances. 3. Standby Personnel: EMS personnel performing standby services must be licensed by the State of Idaho EMS Bureau and Ada County. Standby personnel provide medical care to patients until the arrival of Ada County EMS. The medical team will coordinate an orderly transfer of care to County EMS personnel for transport. Standby personnel provide non - transport services only. C. Transport Services 1. Emergency Services Utilizing the 9-1-1 System: All emergency medical calls shall be routed through the Ada County Emergency Dispatch Center. All calls requesting EMS services through the 9-1-1 Center apply to this section. Ada County EMS shall be the only 9-1-1 emergency transport agency responding within Ada County. Ada County EMS will respond to all 9-1-1 calls requesting EMS services. Ada County EMS may cancel a response if appropriately canceled by other public safety agencies, at the request of the calling party, or the need for continued response no longer exists. Ada County EMS is deemed the medical authority in the out-of- hospital emergency response system. 2. Non -Emergency services: Hospitals and private providers may provide non -emergency transport services once licensed to do so by the State of Idaho EMS Bureau and Ada County. These licensed providers shall not respond to 9-1-1 calls except at the specific request of Ada County. Calls for service in the out-of-hospital environment within Ada County that are determined to be acute in nature must be routed to Ada County Emergency Dispatch for a 9-1-1 response. If an acute need is determined after the arrival of the non -emergency transport provider, they shall immediately request a 9-1-1 emergency response through the Ada County Emergency Dispatch Center, and remain on scene to provide medical care until the arrival of Ada County EMS. Non -emergency providers must adhere to the appropriate Conditions of Licensure. 18 i 0 3. Air Medical Services: Helicopter services are often requested for rapid access and transportation of patients in remote Ada County. Air medical responses within Ada. County shall only occur upon the request of Ada County EMS through the Ada County Emergency Dispatch Center. Ada County EMS will maintain scene control and medical authority until patient care is transferred to the flight team. Operational issues are determined by policies and procedures, SWOs , and written agreements. D. Definitive Care Facilities 1. EMS calls originating through the 9-1-1 system or are determined to be emergent in nature shall be transported to the appropriate medical facility as described in the hospital destination protocol within the SWOs. All emergency transports shall be handled by Ada County EMS unless specifically allowed by other Ada County licensed ambulance services and permitted by the respective Conditions of Licensure. 4-4-8: AMBULANCE LICENSE REQUIREMENTS Ada County EMS is the only ground ambulance transportation service authorized to operate within Ada County for emergency 9-1-1 services. This does not prohibit Ada County EMS from performing non -emergency transport and standby services. All entities meeting the definition of "Ambulance" in this chapter must be licensed by Ada County, meet all applicable requirements, and comply with the rules established by this chapter. All agencies issued ambulance licensure pursuant to this ordinance shall be required to provide disaster response at any time to natural or man-made disasters or emergency situations which exceed the capacity of the 9-1-1 system, upon request of Ada County EMS through the Ada County Emergency Dispatch Center. Upon receipt of a disaster response request, one (1) or more ambulances shall respond to provide service. Failure to provide disaster response may result in the forfeiture of license to operate within Ada County. No entity can use an ambulance vehicle for non -ambulance functions without the expressed written permission of the EMS Director. These vehicles will have markings that clearly indicate the vehicle is not for ambulance services. 44-8-1: FEES AND TERMS A. To qualify for licensure as an ambulance service for non -emergency transportation/responses/standbys, the applicant must demonstrate compliance with the State of Idaho EMS Bureau Rules Governing Medical Services, Title 16, Chapter 2, Section 3, IDAPA 16.02.03, as those rules apply to the type of 19 service the applicant proposes to perform, including certification of its staff and vehicle(s) that it intends to use in providing services. The applicant must also comply with the Ada County Conditions of Licensure. The completed application must be accompanied by an annual fee listed in the Ada County Ambulance Service application packet. B. Application for license, or renewal of license under this Chapter must be submitted to the Director by October 15th of the year prior to the year for which application is being made. Licensure shall be effective for one (1) calendar year from January 1" of the year licensed until December 31't of the same year. C. An ambulance service currently licensed under this Ordinance must notify the Director in writing, at least thirty (30) days prior to suspending services within Ada. County (exclusive of any license suspension or revocation). 4.4-8-2: INVESTIGATION A. Application for ambulance service license or renewal and ambulance licenses or renewal hereunder shall be made upon such forms as may be prepared or prescribed by the Director and shall contain the following: 1. Name and address of the applicant, name and business address of the ambulance service; 2. Name and address of the owner(s). If the owner is a company, the name, business address and telephone of officers of the company, including the chief executive officer, financial officer and executive clerk. 3. Description of experience of the owner and/or company or firm applicant in operating an out-of-hospital medical transfer and or/medical standby service. The description shall include both a history of the company or firm and of individuals within the company describing education, years in similar services, and relevant certification in providing services in the field of out-of-hospital medical care. 4. An explanation of the basis upon which the provider believes that the issuance of a license to the applicant is necessary or proper for the general welfare of the residents of Ada County, Idaho. 5. Location and description of the place or places from which the company will operate as well as the hours of operation and number of vehicles to be used. 6. Name, address and telephone number of Medical Control/Medical Director and that individual's relationship with the firm, along with a job description and medical credentials from the State of Idaho Board of Medicine. 7. Detailed description of vehicles operated by ambulance service. 8. A copy of current standing written orders. PA 9. Copy of State of Idaho EMS Bureau License. 10. Proof of insurance as required by Section 4-4-8-4. 11. A notarized mechanic's certification of safe operating condition for each vehicle operated by the ambulance service. 12. List of all personnel along with their certification level, EMS Provider applications for new personnel, and necessary documentation. 13. Fees for ambulance service license and for each certified and/or licensed personnel. 14. For air ambulances the name and address of the air carrier Part 135 certificate issued by the FAA. B. Completed application forms with checklists, attachments and license fees shall be filed with the Director of EMS. The Director will review the application for completeness, cause an investigation to be made into the background and experience of each applicant, and report such findings to the Board. C. Upon review of an application for ambulance service license hereunder, and upon review of the findings of the investigation, the Board will grant license to the applicant when it finds: 1. The application is timely, accurate and complete; 2. All of the requirements of this Chapter have been met. Ada County reserves the right to deny ambulance service licenses if the applicant cannot reasonably maintain the established standards for training, medical direction, QA/QI, experience, resources, operations, and business. 3. The Board believes a need exists to issue a license. In this regard, the Board may consider the safety, health, prosperity, morals, peace, good order, comfort, convenience, and property of the residents of Ada County, Idaho pursuant to Idaho Code Section 31-714. D. An ambulance service license shall not be assignable or transferable under this Chapter - 4 -4-8-3: INSURANCE A. No ambulance license shall be issued under this Chapter, nor shall such license be valid after issuance, nor shall any ambulance be operated in Ada County unless applicant has at all times in force and effect insurance written by an insurance company or companies with AM Best rating(s) of A VIII or better. All insurance companies must be authorized to do business in the State of Idaho. By requiring insurance herein, Ada County does not represent that coverage and limits are necessarily adequate to protect the licensee and such coverage and limits shall not be deemed as a limitation on licensee liability. 21 B. Certificates of Insurance evidencing the coverage required herein shall be Provided to Ada County prior to the license going into effect. All certificates must be signed by an authorized representative of licensee Insurance carrier and must state that the issuing company, its agents, or representatives will provide Ada County thirty (30) days written notice prior to any policies being canceled. Renewal certificates must be provided to Ada County within thirty (30) days after the effective date of the renewal. C. Applicant may maintain a program of self-insurance for the minimum coverage required herein as allowed by Idaho law. Evidence of coverage for the minimum amounts hereunder shall be provided to the County. D. Certificates must evidence the following minimum coverages: 1. Workers' Compensation insurance meeting the statutory requirements of the State of Idaho. 2. Employers' Liability insurance following amounts: Bodily Injury by Accident: Bodily Injury by Disease: Bodily Injury by Disease: providing limits of liability in the $100,000 each accident $500,000 policy limit $100,000 each employee 3. Commercial General Liability insurance providing limits of liability in the following amounts: General Aggregate: $2,000,000 Product(Completed Operations Aggregate: $2,000,000 Personal & Advertising injury Liability: $1,000,000 Each Occurrence: $1,000,000 Fire Damage: $ 50,000 The Commercial General Liability ("CGL") insurance policy shall be written on an "Occurrence" form and shall cover liability arising from premises, operations, independent contractors, products, completed operations, personal injury, advertising injury, and liability assumed under an insured contract (including tort liability of another assumed in a contrast). E. Business Automobile Liability insurance providing bodily injury and property damage liability coverage for not less than $1,000,000 each accident limit. Business Automobile Liability insurance shall be written on a standard ISO policy form, or an equivalent form, providing coverage for liability arising out of owned, hired, or non -owned vehicles in connection with this agreement. 22 • F. Air Medical Services shall maintain a combined single limit of comprehensive public and passenger aircraft liability insurance in an amount no less than the amount required for CAMTS certification. . G. Professional Liability insurance with limits of not less than $1,000,000 per claim and $3,000,000 aggregate. 4-4-8-4: AMBULANCE SERVICE REQUIREMENTS A. Ambulance licenses issued pursuant to this Chapter will remain in effect from the date of issue until December 31 of the year for which the license is issued, unless sooner suspended or revoked. B. Each person, company, corporation, or other organization seeking ambulance licensure shall pay an annual fee to be licensed. Application and fee must be accompanied by certification that all vehicles being licensed have passed inspection of the State of Idaho EMS Bureau. C. A graphical image and a description of each ambulance, including make, model, year of manufacture, vehicle identification number, Idaho license number, length of time in service, color scheme, insignia, company name, monogram, or other distinguishing characteristics to be used to designate the applicant's vehicle(s), must be provided with the application. D. Non -transport vehicles must comply with Rules Governing Emergency Medical Services, IDAPA 16.02.03. 4-448-5: EQUIPMENT REQUIREMENTS Each ambulance licensed under this Chapter shall be equipped at a minimum, in compliance with standards adopted by Rules Governing Emergency Medical Services, IDAPA 16.02.03. 4-4-8-6: COMMUNICATIONS EQUIPMENT REQUIREMENTS Each ambulance licensed under this Chapter shall be equipped and maintained at all times with a two-way radio operating on assigned frequencies and licenses granted by the Federal Communications Commission (FCC) sufficient to enable ambulance personnel to communicate from the vehicle with: A. Area hospitals, State Comm. F 1, 155.340; B. Area hospitals, State Comm. F2, 155.280; 23 C. Other ambulances owned/operated by the same company; D. Ada County Emergency Dispatch Center, Med 1, RX 155.005 TX 158.775 tone on both 88.5, required until January 1, 2008; Ada County EMS field units, Med 2, RX 155.130 TX 158.970 tone on both 88.5, required until January 1, 2008;Effective January 1, 2008, all ambulance license holders shall be required to install 700 MHz Digital Trunked Digital Radio compatible radios installed in all ambulances to communicate with the Ada County Emergency Dispatch Center and Ada County EMS. Communications equipment shall include those requirements of Rules Governing Emergency Medical Services IDAPA 16.02.03 and Ada County Conditions of Licensure, as those rules may be amended from time to time. 4-4-&7: AMBULANCE MAINTENANCE STANDARDS Each ambulance licensed under this Chapter shall be maintained in good mechanical repair and be in clean and sanitary condition at all times. Routine preventive maintenance shall be recorded and such logs kept on file at the licensee's base of operations for a period of not less than three (3) years, and shall be made available during normal office hours either to the Director or the Board upon request. Requests to inspect such maintenance logs shall be in writing and directed to the licensee or licensee's agent. Failure to produce the required logs for inspection within five (5) business days of request shall result in suspension of licensure, after notice and hearing. A qualified mechanic's certification of safe operating condition for each vehicle must be notarized and included in the annual licensing application. Air ambulance maintenance must comply with Federal Aviation Administration rules. Any structural modification must be appropriately reported in aircraft maintenance files. 4-4-8-8: REVOCATION Revocation or suspension of any state or national certification or state licensure, affecting the applicant's ability to provide transfer or standby services automatically serves to revoke and suspend any licensure by Ada County. Revocation or suspension will remain in effect until such time as the original revoking or suspending entity reinstates privileges. Before providing service following reinstatement of privileges by the original revoking entity, the ambulance service must reapply to Ada. County for licensure. 44-9: MEDICAL CONTROL Each ambulance service licensed under this Chapter shall engage the services of a medical director who shall be an licensed by the State of Idaho as a Medical Doctor (MD) or Doctor of Osteopathy (DO) with relevant experience pertaining 24 to emergency medical services whose purpose will be to provide medical control. The medical director will be available for medical consults as needed, assist in developing medical procedures and protocols, provide medical oversight, oversee an established QA/QI program, provide training or training recommendation and ensure that each employee providing patient care is currently certified at the appropriate level of care being provided, as required by this Chapter and Rules Governing Emergency Medical Services IDAPA 16.02.03, and Rules For EMS Personnel, IDAPA 22.01.06. 4-4-10: ADVERTISING FOR AMBULANCE SERVICES All advertisement for ambulance transport services described in this Chapter shall indicate non-acute, transfer capabilities only. All advertisements for print, radio, or video media shall include the statement: "FOR MEDICAL EMERGENCIES DIAL 9-1-1" and all ambulances must display the following: "Emergency Dial 9-1-1". 4-4-11: USE OF WARNING DEVICES; EMERGENCY RESPONSE A. Ambulance services licensed under this Chapter are not authorized to provide transport services that would require the use of emergency warning devices, and shall not use any warning devices except under the following circumstances: 1. When requested by Ada County EMS to provide assistance during major incidents or disasters or for other legitimate requests of Ada County EMS. 2. When a patient's medical condition deteriorates rapidly and/or life would be threatened without rapid transportation to the nearest appropriate treatment facility. 3. Under no circumstance will emergency warning devices be used to meet contract response times. The patient's medical condition and transport readiness will dictate the response code using an established medical triage system approved by the Director. B. In all transfers and transports requiring the use of warning devices, the ambulance crew shall notify Ada County 9-1-1 Dispatch of their Code 3 status giving their location, destination, and route of travel. Licensee shall follow specific radio procedures and guidelines for communications with Ada County Emergency Dispatch Center. C. No vehicle other than an approved ambulance may operate or be operated using emergency lights and/or siren as defined in Rules Governing Emergency Medical Services, IDAPA 16.02.03 to transport medical patients or gurney - 25 bound individuals within Ada County unless specifically requested by Ada County. 4-4-12: REQUIREMENT FOR MAINTENANCE OF EMS LICENSE; REVOCATION OF EMS LICENSE A. Maintenance of EMS License: Each ambulance service, emergency EMS vehicle, and EMS staff licensed under this Chapter, shall at all times, comply with licensing, personnel, equipment, operations and maintenance requirements of this Chapter. Each ambulance service, ambulance and licensed ambulance personnel must comply with rules promulgated by the State of Idaho EMS Bureau, as those rules apply. Each ambulance service, each ambulance and licensed ambulance personnel must comply with federal law, rule and/or regulation as those laws, rules and/or regulations apply including but not limited to Federal Aviation Administration, and Department of Transportation. Violation of any federal or state law, rule, or regulation amounts to a violation of this Chapter. For the duration of the license period, Ambulance services shall keep personnel listings current. Any change in personnel must be reported to the Ada County EMS office and new personnel must be licensed as EMS Providers through Ada County prior to practicing in a patient care setting. B. Investigation of Complaints: The Director or the Board may cause an investigation to be made of the licensee upon receipt of a complaint from a citizen or upon allegation of violation of any section of this Chapter. C. Procedure: A formal written complaint shall be issued by the Director, describing the allegation(s) and listing witnesses, date(s) of occurrence, and such other information as is relevant to enable the Board to determine that a violation of any of the provisions of this Chapter may have occurred. The Board upon review of the complaint may require the licensee to appear to answer specific allegations contained within the complaint. The Board shall set a time and place for hearing and the licensee shall be informed of his right to be present, offer testimony and present witnesses on his behalf. Such hearing will be conducted as prescribed in the Idaho Administrative Procedures Act. Notice of hearing shall be mailed to the licensee's last known address and shall contain the following information: a) Notice of Hearing; date, time, location, and nature of the hearing; b) A statement of legal authority and jurisdiction under which the hearing is to be held; c) Reference to particular sections of the Chapter at issue; d) A brief statement describing the matters at issue. 26 2. The hearing will be held before the Board no later than thirty (30) days after notice is mailed unless both parties agree to an extension of time. The hearing will be recorded and upon conclusion the Board may defer making a final determination for no more than five (5) business days after which it must issue a finding of fact and conclusions of law and its order. D. Upon suspension, revocation, or termination of an ambulance service license, and/or ambulance license such service and/or ambulance shall immediately cease operation as such. 4-4-13: EMS PROVIDER LICENSE REQUIREMENTS A. Each individual who operates an ambulance and provides patient care relative to the provisions of this Chapter must be licensed under this Chapter. To be eligible for licensure, an applicant shall: 1. Be eighteen (18) years of age or older; 2. Hold a valid Driver's License issued in the State of Idaho; 3. Be currently certified by the State of Idaho EMS Bureau, at the level of service to be performed; 4. Provide a couv of his or her professional license if an amtolance-haled clinician; 5. Be able to speak, read, write and comprehend the English language; 6. Be found by a duly licensed medical doctor or doctor of osteopathy, upon examination attested to on a form provided by the Director, to be of sound health and physical condition as recorded on the supplied form. This provision shall apply to new applicants only; 7. Disclose all convictions of felony and misdemeanor crimes; 8. Have no felony convictions for theft, drug use, or sexual crimes; 9. Have no convictions of a drug or alcohol-related violation within five years; 10. Have no convictions for other misdemeanor violations relevant to the license sought as deemed by the EMS Director within two years; 11. Provide an address to which all written communications may be mailed for delivery to the applicant. It shall be the applicantAicensee's responsibility to provide updated information regarding his/her mailing address for the duration of licensure; 12. Provide a letter from current employer, confirming employment as a certified Emergency Medical Technician or ambulance based clinician; 13. Provide a description of training and experience in the care and transportation of ill and injured patients; and 14. Disclose all other affiliations with EMS providers within the State of Idaho. 27 B. The application must be accompanied with an annual fee listed in the application. Licensure when issued is valid for one (1) year from the date of issue unless sooner revoked or suspended. C. The Director shall immediately cause an investigation to be made of the application. D. The Director shall issue a license to the applicant within fifteen (15) days of submittal when it is determined that the applicant has met the requirements of this Chapter. E. A license issued to an EMS Provider shall not be assignable or transferable. 4-4-13-1: REVOCATION A. To maintain licensure, the emergency medical technician or ambulance based clinician shall remain in compliance with the terms of this Chapter. Loss of driving privileges because of any traffic related offense immediately suspends licensure under this Chapter. EMS providers and their employer have an affirmative duty to immediately notify the Director of any change or occurrence that may affect the license holders' status or his or her affiliation with another EMS provider. Failure to maintain compliance with any of the requirements needed to obtain an EMS Provider license shall be cause for suspension, revocation, or termination of the EMS Provider license. B. An EMS Provider license may be revoked for cause, after notice of hearing. Notice shall be in writing and sent by United States Mail to the EMS Provider, and their employer at their most current address. Notice shall contain the following: 1. Hearing Notice, date, time and location and nature of the hearing; 2. A statement of the legal authority and jurisdiction under which the hearing is to be held; 3. Reference to the particular section(s) of the Chapter regulations at issue; 4. A brief statement of the matters at issue. C. The notice and hearing procedures shall be the same as those described in section 4-4-12C, of this Chapter. 4-4-14: PENALTIES Any person violating, or failing to comply with, any provision of this Chapter shall be deemed to be guilty of a misdemeanor and, upon conviction thereof, shall be fined an amount not exceeding three hundred dollars ($300.00) or be 28 imprisoned in a county jail for a period not exceeding six (6) months, or by both fine and imprisonment, for each offense pursuant to section 18-113, Idaho Code as it may from time to time be amended and/or retitled. Each day that any violation of, or failure to comply with, this Chapter is committed or permitted to continue, shall constitute a separate and distinct offense under this Section and shall be punishable as such hereunder; provided however, that the court may, in appropriate cases stay the accumulation of penalties. Misdemeanor violations may be charged for any violation, but more specifically for: 1. Obstruction of the Delivery of Services: The provision of EMS or other actions affecting the provision of emergency services that obstruct or interfere with the orderly delivery of emergency medical care by the Ada County EMS Department or by an EMS provider acting in accordance with the approved rules and/or policies established by the Board of County Commissioners pursuant to this Chapter. 2. Operating without a Valid License: Operating as a provider of emergency medical services within Ada County without a valid license or authorization. The Board may additionally pursue civil remedies to restrain conduct which violates the terms of this Chapter, conditions of licensure or rules adopted pursuant to this Chapter or to compel performance of duties established by this Chapter, conditions of licensure or rules adopted pursuant to this Chapter.. 4-4-15 SEVERABILITY If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. 29 ADOPTED this day of p 2006 BOARD OF ADA COUNTY COMMISSIONERS Rick Yzaguirre, Chairman By: Judy Peavey -Derr, Commissioner Fred Tilman, Commissioner 30 0 • December 1, 2006 FP 06-048 MERIDIAN CITY COUNCIL MEETING December 5, 2006 APPLICANT Kenai Partners, LLC ITEM NO. S REQUEST Tabled from November 21, 2006 — Request for a Final Plat approval for 50 residential building lots, 32 commercial building lots, 1 city park lot, 21 common lots on 62.01 acres in R-15 & C -G zones for Gramercy Subdivision No. 1 -- Overland & Eagle AGENCY COMMENTS CITY CLERK: See Previous Item Packet / Minutes 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. • BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF KENAI PARTNERS, LLC FOR FINAL PLAT APPROVAL OF 50 RESIDENTIAL BUILDING LOTS, 32 COMMERCIAL BUILDING LOTS,1 CITY PARK LOT, AND 21 COMMON LOTS ON 62.01 ACRES IN R-15 AND C -G ZONES LOCATED WEST OF EAGLE ROAD ON EAST OVERLAND ROAD IN THE W % OF THE NE 1/ OF T. 3N., R. 1E., SECTION 20 C/C December 5, 2006 CASE NO. FP -06-048 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on December 5, 2006, and the Council finding that the Administrative Review is complete from Kristy Vigil, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: December 5, 2006, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING GRAMERCY SUBDIVISION NO. 1 LOCATED IN THE W %2 OF THE NE 1/ OF T. 3N., R. 1 E., SECTION 20, BOISE ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GRAMERCY SUBDIVISION NO. 1 / (FP -06-048) Page 1 of 4 MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2006, HANDWRITTEN DATE: 10/19/06, SHEET 1 OF 3, ENGINEERING SOLUTIONS, LLP", KENAI PARTNERS, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Kristy Vigil, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: December 5, 2006, listing 20 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 11 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein, and the response letter from Engineering Solutions, LLP, a true and correct copy of which is attached hereto marked Exhibit `B" and consisting of 1 page, and by this reference incorporated herein, and the response letter from Idaho Power, a true and correct copy of which is attached hereto marked Exhibit "C" and consisting of 1 page, and by this reference incorporated herein. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GRAMERCY SUBDIVISION NO. 1 / (FP -06-048) Page 2 of 4 E NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAIKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City 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 may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which maybe adversely affected by this decision 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. By action of the City Council at its regular meeting held on the 5t" day of CecembC.,v' ATTEST: WILLIAM G. BERG, 2006. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GRAMERCY SUBDIVISION NO. 1 / (FP -06-048) Page 3 of 4 n Copy served upon: V Applicant fi -r Planning Department ✓' Public Works Department —- City Attorney By: City Clerk's Office 0 Dated: ja-11-OLP ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GRAMERCY SUBDIVISION NO. 1 / (FP -06-048) Page 4 of 4 CITY OF MERIDIAN *NNING AND PUBLIC WORKS DEPAIRTMENTS STAFF REPORT S STAFF REPORT: Hearing Date: November 21, 2006 Transmittal Date: November 16, 2006 ''�°"'`� y IDAHO TO: Mayor and City Council r Y s*f,i FROM: Kristy Vigil, Assistant City Planner Michael Cole, Development Services Coordinator C - SUBJECT: Gramercy Subdivision No.l Final Plat Request for Final Plat Approval of Gramercy Subdivision No.1 Consisting of 50 Residential Building Lots, 32 Commercial Building Lots, 1 City Park Lot and 21 Common Lots on 62.01 Acres in R-15 and C -G Zones by Kenai Partners, LLC (File# FP -06-048). We have reviewed this submittal and offer the following comments and conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Kenai Partners, LLC, has applied for final plat approval of 50 residential building lots, 32 commercial building lots, 1 city park lot, and 21 common lots on 62.01 acres of land for Gramercy Subdivision No. 1. The current zoning designations for the proposed subdivision are R-15 (Medium High -Density Residential) and C -G (General Retail and Service Commercial). The residential density of this phase is to be determined in the future, as there are four multi -family lots being platted. The applicant will be required to submit a conditional use permit application, or an additional plat for approval on Lots 9 and 26 Block 3, Lot 1 Bock 4, and Lot 1 Block 5, the lots that are anticipated to contain multi -family dwellings. Gramercy Subdivision No. 1 is on the south side of East Overland Road, west of South Eagle Road in the NE 1/ of T. 3N., R.1E., Section 20. This property has not been previously platted. The City Council approved the preliminary plat for this site as Kenai Subdivision on July 18, 2006. Gramercy Subdivision No. 1 substantially complies with the approved Kenai preliminary plat. The applicant has applied for alternative compliance regarding the required 10 -foot landscape buffers along S. Wells Avenue, E. Gala Court, E. Blue Horizon Drive, and E. Goldstone Street (See Site Specific Condition #3 below). The applicant is requesting to reduce said landscape buffers from 10 -feet wide to 8 - feet wide, exclusive of a 5 -foot sidewalk adjacent to the buffer. Also, the applicant has requested a portion (approximately 730 feet south of Overland Road) of the required 10 -foot wide landscape buffer along S. Wells Avenue be waived in lieu of the proposed hardscape design that includes planters, enhanced paving, and pedestrian furnishings (benches, lights, etc.). Staff has reviewed the applicant's alternate compliance request and will be issuing an approval letter on December 1, 2006. The Parks Department has indicated that the shelter in the Kiwanis Meridian Park located near the pond should be relocated to the other side of the sidewalk and closer to the playground area. Staff has included this as a condition below. Staff recommends approval of Gramercy Subdivision No. 1 with the comments and conditions stated in this report. Exhibit "A" FP -06-048 Gramercy Subdivision No. 1 (preliminary platted as Kenai Sub) FP.doc PAGI CITY OF MERIDIAN PONNING AND PUBLIC WORKS DEPA40MENTS STAFF REPORT SITE SPECIFIC CONDITIONS Applicant is to meet all terms of the approved preliminary plat (PP -06-019) and development agreement (Inst. No. 106141056). 2. Prior to any construction on Lots 9 and 26, Block 3; Lot 1, Bock 4; and Lot 1 Block 5, the applicant shall submit a conditional use permit application (for multi -family), or an additional plat for approval (for single-family, duplexes and/or townhomes). The landscape buffers along S. Wells Avenue, E. Gala Court, E. Blue Horizon Drive, and E. Goldstone Street shall be a minimum of 10 feet wide, measured from the back of curb to any impervious surface or building on the adjacent buildable lot. 4. The applicant has indicated that the pressurized irrigation system in this development is to be owned and operated by the Nampa and Meridian Irrigation District. Therefore a letter of plan approval shall be submitted prior to scheduling of a pre -construction meeting. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a single -point connection to the potable water system is used, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 6. Per UDC 11 -3B -6-E, all pressurized irrigation pump stations shall be installed on their own lot. The applicant shall revise the plat so that the pump station being proposed on this development is on its own lot. 7. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist. Perimeter fencing shall be installed prior to release of building permits for this subdivision. 8. Sanitary sewer service to this development is being proposed via extension of mains in Overland Road. 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. 9. Water service to this site is being proposed via extension of mains in Overland Road, E. Gala Street and E. Blue Horizon Drive. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 10. The applicant shall be required to install a 10 -inch water main down S. Kenai Way and the outermost loop road around the residential portion of this development 11. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 94-8. Wells may be used for non-domestic purposes such as landscape irrigation. Exhibit "A" FP -06-048 Gramercy Subdivision No. 1 (preliminary platted as Kenai Sub) FP.doc PAGF CITY OF MERIDIAN ONNING AND PUBLIC WORKS DEAMENTS STAFF REPORT 12. Call out and dimension all easements on the face of the plat. 13. All common driveways shall be constructed in accordance with UDC 11 -6C -3D, and be paved a minimum of 20 -feet wide with a surface capable of supporting 75,000 lbs. with a turning radius of 28' inside and 48' outside for fire vehicles and equipment. All properties that abut a common driveway shall take access from the driveway. Depict the building setbacks, and orientation of the lots and structures for all lots sharing driveways, on the face of the final plat. File a perpetual ingress/egress easement for all lots that share a driveway. The applicant may record an easement and include the instrument number on the face of the plat prior to signature of the City Engineer, OR dedicate said easements via the plat. Graphically depict the common driveway easements for each applicable lot on the face of the plat. 14. If any of the lots that are sharing the common driveways in Block 3 are to contain attached structures, then do not dedicate easements on those lot lines which are being spanned. Include in the legend, a symbol that will denote which lot lines will not have the standard easements dedicated due to the fact that these lot lines will be spanned by attached structures. 15. The applicant shall submit final street name approval from the Ada County Street Name Committee. 16. Revise or add the following plat notes on the face of the plat prepared by Engineering Solutions, and dated 10/19/06: 11.) Revise to read, "The private driveways shown on this plat are for cross access and ingress/egress. The driveways are covered by easements for Public Utilities, irrigation and Meridian City Sanitary Sewer and Water." *.) Add a note, "This plat is subject to a development agreement recorded as instrument number 106141056 of Ada County Records." *.) Add a note, "Other than the points of access approved by ACRD, direct lot access to Overland Road is prohibited." 17. The landscape plan, prepared by The Land Group and dated 10/18/06, shall be revised as follows: a. The landscape buffer adjacent to Overland Road does not meet the required 25 feet from the property line in all areas, revise accordingly; b. Depict the required 10 -foot wide landscape buffer with landscaping along the north side of E. Goldstone Street; C. Depict the 10 -foot multi -use pathway along the north side of E. Goldstone Street to the west property line; d. Depict the required fencing along Lot 39, Block 3 (see UDC 11-3A-7A7a); e. Include fencing details (i.e. construction materials & picture/sketch) for the required fencing along Lot 39, Block 3 per UDC 11-3A-7A7b; f. Class III trees are prohibited adjacent to micro pathways. Revise the landscaping on Lot 39, Block 3 accordingly. Submit three copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer. 18. The landscape plan for the Kiwanis Meridian Park, prepared by Pinnacle Engineers, Inc., and dated 03/24/03, shall be revised as follows: a. Include fencing details (i.e. construction materials & picture/sketch) for the fencing along the north side of the Ridenbaugh Canal. Exhibit "A' FP -06-048 Gramercy Subdivision No. 1 (preliminary platted as Kenai Sub) FP.doc PAGF CITY OF MERIDIAN ONNING AND PUBLIC WORKS DEAMENTS STAFF REPORT b. Relocate the shelter located near the pond to the other side of the sidewalk and closer to the playground area 19. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B- 11. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 20. Staffs failure to cite specific ordinance provisions or conditions of the preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer 2. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. All development improvements, including but not limited to water, sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 4. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 5. 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. 6. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 7. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 8. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. Exhibit "A" FP -06-048 Gramercy Subdivision No. 1 (preliminary platted as Kenai Sub) FP.doc PAGE CITY OF MERIDIAN PONNING AND PUBLIC WORKS DEPOMENTS STAFF REPORT All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 10. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 11. Approval of the preliminary plat shall become null and void if the applicant fails to record the final plat within two years of the approval of the preliminary plat per UDC 11 -6B -7A. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen months, may be considered for final approval without resubmission for preliminary plat approval per UDC 11 -6B -7B. STAFF RECOMMENDATION Staff recommends approval of the final plat for Gramercy Subdivision No. 1 (FP -06-048) with the above stated comments and conditions. Exhibit "A" FP -06-048 Gramercy Subdivision No. 1 (preliminary platted as Kenai Sub) FP.doc PAGF 10 Kristy Vigil From: Becky McKay [es-beckym@gwest.net] Sent: Tuesday, December 05, 2006 4:31 PM To: Kristy Vigil Subject: Gramercy No. (Final Plat) 0 Page 1 of I Christy: We have reviewed the revised staff report and we are in agreement with the conditions of approval. Thanks, Becky 12/5/2005 Exhibit "B" IDAHO Margareta Ionescu Distribution Planning Engineer @g ! Office (208) 388-2068 !\r'r IUE�CCIi?T�c'.nrt�pat3Y 11/17/2006 City of Meridian Planning At Zonning Departament 660 E. Watertower Suite 202 Meridian, ID 83642 Re: Gramercy Subdivision No. 1 - Final Plat File #: FP 06-048 Idaho Power Company, upon receipt of a formal request, may possibly need to upgrade existing infrastructure in order to provide electrical services to this development. There is an existing 138 W line so Idaho Power requests a 25 foot setback from the center of the line be a no building zone. The applicant should contact the local Idaho Power Company Operations Center with a formal request for service. Sincerely, Margareta Ionescu Exhibit "C" 0 December 1, 2006 FP 06-049 MERIDIAN CITY COUNCIL MEETING December 5, 2006 APPLICANT Reed Kofoed ITEM NO. 9 REQUEST Final Plat approval for 29 single-family residential building lots and 4 common lots on 9.88 acres in an R-4 zone for Silversprings Subdivision - 905 & 805 E. McMillan Rd 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: No comments 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: Letter from Ross Erickson Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • 0 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF REED KOFOED FOR FINAL PLAT APPROVAL OF 29 SINGLE-FAMILY RESIDENTIAL BUILDING LOTS AND 4 COMMON LOTS ON 9.88 ACRES IN AN R-4 ZONE LOCATED AT 905 AND 805 EAST MCMILLAN ROAD IN A RESUBDIVISION OF LOTS 1 AND 2 OF CRESTWOOD SUBDIVISION NO.1 IN THE N % OF THE NE % OF T. 4N., R. 1E., SECTION 31 C/C December 5, 2006 CASE NO. FP -06-049 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on December 5, 2006, and the Council finding that the Administrative Review is complete from Kristy Vigil, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: December 5, 2006, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING SILVERSPRINGS SUBDIVISION A RESUBDIVISION OF LOTS 1 AND 2 OF CRESTWOOD SUBDIVISION NO. 1, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SILVERSPRINGS SUBDIVISION / (FP -06-049) Page 1 of 4 LOCATED IN THE N V2 OF THE NE'/ OF T. 4N., R. IE., SECTION 31, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2006, HANDWRITTEN DATE: 09/14/06, SHEET 1 OF 3, LAND SOLUTIONS", REED KOFOED, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Kristy Vigil, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: December 5, 2006, listing 22 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 11 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein, and the response letter from Erickson -Civil, Inc., a true and correct copy of which is attached hereto marked Exhibit `B" and consisting of 1 page, and by this reference incorporated herein. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SILVERSPRINGS SUBDIVISION / (FP -06-049) Page 2 of 4 Cl The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City 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 may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, 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. By action of the City Council at its regular meeting held on the 5t" day of ,C)�-CCrn�=✓ , 2006. ' OR T Y de WEERD ATTEST: 1`1 CN WILLIAM G. BERG, JR.C CLE , ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SILVERSPRINGS SUBDIVISION / (FP -06-049) Page 3 of 4 0 Copy served upon: Applicant Planning Department Public Works Department City Attorney Dated: I�D-13 --QLV City Clerk's Office ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SILVERSPRINGS SUBDIVISION / (FP -06-049) Page 4 of 4 CITY OF MERIDIAN PNNING AND PUBLIC WORKS DEPAMENTS STAFF REPORT STAFF REPORT: Hearing Date: December 5, 2006 Transmittal Date: November 30, 2006 Nfffidian is IDAHO k' TO: Mayor and City Council _ r FROM: Kristy Vigil, Assistant City Planner ' Michael Cole, Development Services Coordinator C - SUBJECT: Silversprings Subdivision Final Plat Request for Final Plat Approval of Silversprings Subdivision Consisting of 29 Single -Family Residential Building Lots and 4 Common Lots on 9.88 Acres in an R-4 Zone by Reed Kofoed. (File# FP -06-049). We have reviewed this submittal and offer the following comments and conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Reed Kofoed, has applied for final plat approval of 29 single-family residential building lots and 4 common lots on 9.88 acres of land for Silversprings Subdivision. The current zoning designation for the proposed subdivision is R-4 (Medium Low -Density Residential). The gross density of the proposed subdivision is 2.94 dwelling units per acre and the net density is 3.52 dwelling units per acre. Silversprings Subdivision is located on the south side of McMillan Road, approximately 1/2 mile west of Locust Grove Road in the NE 1/4 of T. 4N., R.M., Section 31. This property was previously platted in Ada County as Lots 1 and 2 of Crestwood Subdivision No. 1. The City Council approved the preliminary plat for Silversprings Subdivision on October 10, 2006 and the submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of Silversprings Subdivision with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved preliminary plat (PP -06-029) and annexation and zoning (AZ -06-029) applications. 2. The applicant has indicated that the pressurized irrigation system in this development is to be owned and operated by Settlers Irrigation District. Therefore, a letter of plan approval shall be submitted prior to scheduling of a pre -construction meeting. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a single -point connection to the potable water system is used, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. Exhibit "A" FP -06-049 Silversprings Subdivision FP.doc PAGE 1 CITY OF MERIDIAN ONNING AND PUBLIC WORKS DEP*MENTS STAFF REPORT 4. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist. Perimeter fencing shall be installed prior to release of building permits for this subdivision. 5. Sanitary sewer to this site is being proposed via extension of mains located to the south of this property in Prospect Elementary. The applicant shall provide signed easements using the City of Meridian's standard forms for all off-site sewer prior to construction plan approval. 6. All off-site manholes shall have a 14 -foot wide all-weather access road per City of Meridian specifications to allow for routine maintenance. 7. The applicant shall dedicate a 20 -foot wide sewer easement on Lot 25 Block 1. No trees or other large landscaping shall be allowed in this easement, the applicant shall coordinate with the Planning Department compliance with this condition while still meeting all landscaping ordinance. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Minimum cover over sewer mains is three -feet. If there is less than three feet from top of pipe to sub -grade then upgraded pipe materials shall be used per City of Meridian Standard Specifications. 9. Water service to this site is being proposed via extension of mains proposed in McMillan Road. The applicant shall be responsible to install mains to and through this development. Coordinate main size and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 10. All existing houses shall be required to connect to City of Meridian services. The applicant shall be responsible for the payment of assessments and the actual physical connection to the services. The assessments shall be paid prior to signature on the final plat, the actual connection shall be required prior to issuance of Certificates of Occupancy. 11. Please revise the Situate Statement to include "Meridian" before Ada County, Idaho. 12. Revise the Domestic water service origin statement to reference the City of Meridian instead of United Water. 13. The Crestwood plat dedicated a 5 -foot wide utilities and irrigation easement along interior lot lines. Prior to signature on the final plat by the City Engineer, the applicant shall provide documentation showing the existing easements have been vacated. 14. The applicant shall submit a signed letter from the Professional Engineer explaining the eradication of the ditches on this property, and a signed letter of plan approval from the end-users. 15. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 16. All common driveways shall be constructed in accordance with UDC 11 -6C -3D, and be paved a minimum of 20 -feet wide with a surface capable of supporting 75,000 lbs. with a turning radius of 28' inside and 48' outside for fire vehicles and equipment. All properties that abut a common Exhibit "A" FP -06-049 Silversprings Subdivision FP.doc PAGE 2 CITY OF MERIDIAN PONNING AND PUBLIC WORKS DEPOMENTS STAFF REPORT driveway shall take access from the driveway. Depict the building setbacks, and orientation of the lots and structures for all lots sharing driveways, on the face of the final plat. File a perpetual ingress/egress easement for all lots that share a driveway. The applicant may record an easement and include the instrument number on the face of the plat prior to signature of the City Engineer, OR dedicate said easements via the plat. Graphically depict the common driveway easements for each applicable lot on the face of the plat. 17. Graphically depict an 8 -foot wide Public Utilities, Drainage and Irrigation easement in the following locations. It is needed to accommodate the Irrigation District's desire to have 5 -feet of easement past the centerline of the pressurized irrigation pipe being installed a.) The northern boundary of Lot 5 Block 2. b.) The northern boundary of Lots 4, 6, 8, and 16 Block 1. 18. Revise or add the following plat notes on the face of the plat prepared by Land Solutions, and dated 9/14/06: 14.) Revise note to reference Settlers Irrigation District instead of Homeowners Association. 19. The landscape plan, prepared by South Landscape Architecture, P.C., and dated 09/19/06, shall be revised as follows: a. Add the detail of the open vision fencing on the face of the plan. Submit three copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer. 20. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B- 11. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 21. Complete the Certificate of Owners, and accompanying acknowledgement. 22. Staff's failure to cite specific ordinance provisions or conditions of the preliminary plat does not relieve the Applicant of responsibility for compliance. STANDARD CONDITIONS 1. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or he within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer Exhibit "A" FP -06-049 Silversprings Subdivision FP.doc PAGE 3 CITY OF MERIDIAN ANNING AND PUBLIC WORKS DEPOMENTS STAFF REPORT 2. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. All development improvements, including but not limited to water, sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 4. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 5. 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. 6. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 7. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 9. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 10. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 11. Approval of the preliminary plat shall become null and void if the applicant fails to record the final plat within two years of the approval of the preliminary plat per UDC 11 -6B -7A. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen months, may be considered for final approval without resubmission for preliminary plat approval per UDC 11 -6B -7B. STAFF RECOMMENDATION Staff recommends approval of the final plat for SilverMnngs Subdivision (FP -06-049) withthe above stated conditions. Exhibit "A" FP -06-049 Silversprings Subdivision FP.doc PAGE 4 December 1, 2006 City of Meridian City Clerk Attn: Tara Green 660 E. Watertower Suite 202 Meridian, Idaho 83642 RE: Silversprings Subdivision — Staff Report (FP -06-049) Dear Tara. Sent Via Email We have received and reviewed the Final Plat staff report for the Silversprings Subdivision as referenced above and will comply with the Conditions of Approval stated therein. Please contact me at 208.867.3954 if you should have any questions or would like to further discuss the project. Sincerely, Erickson -C il, c. Rosi En s , P.E. Project Manager CC: Sharon Smith KnstyVigil �icplh;ctr!r�.rui�ancitY..'t� Tara Green yreentStirngti:i:;!rici(Y r ._ Joe Silva ry_ipu)inri�ir;;!{y oe,< Exhibit " H° December 1, 2006 MI 06-009 MERIDIAN CITY COUNCIL MEETING December 5, 2006 APPLICANT Phil Burk ITEM NO. 10 REQUEST Public Hearing - Modification of the existing Development Agreement to remove the requirement for Conditional Use Permit approval of Lot 3, Block 1 of Resolution Park Sub for Resolution Park Medical Office - 1828 S. Millenium Way 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: COMMENTS See attached Staff Comments No Comments No Comments No Comments Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 0 December 1, 2006 AZ 06-038 MERIDIAN CITY COUNCIL MEETING December 5, 2006 APPLICANT Gary Fors ITEM NO. 11 REQUEST Public Hearing — Request for Annexation and Zoning of 5.53 acres from RUT to R-8 zone for Nursery Subdivision -- 570 South Linder 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 City of Meridian. COMMENTS See attached PLZ Item Packet / Minutes See attached Recommendation 0 • December 1, 2006 PP 06-036 MERIDIAN CITY COUNCIL MEETING December 5, 2006 APPLICANT Gary Fors ITEM NO. 12 REQUEST Public Hearing -- request for Preliminary Plat approval of 25 residential lots and 3 common lots on 5.53 acres in a proposed R-8 zone for Nursery Subdivision 570 South Linder Road CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached P&Z Item Packet / Minutes See attached Recommendation Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. December 1, 2006 MERIDIAN CITY COUNCIL MEETING December 5, 2006 APPLICANT ITEM NO. 13 REQUEST Executive Session per Idaho State Code 67-2345(1) (a) &(f) AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT. CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS Date: Phone: _ Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian.