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Home My WebLink About2008-07-01~I~eliSe Est ~Or~'I~nbl~cNo{~~' E IDIA.I~TT--- CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, July 1, 2008 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." 1. Roll-call Attendance: David Zaremba Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Burton Roberts with Meridian Gospel Tabernacle: 4. Adoption of the Agenda: 5. Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: RZ 08- 001 Request to Rezone 0.32 acres from R-4 to O-T zone for Trini Assisted Living by Elisha Ricky -1353 West 1St Street: B. Findings of Fact and Conclusions of Law for Approval: CUP 08-005 Request for Conditional Use Permit to operate a 24-hour Nursing Care Facility in a proposed O-T zoning district and conditional use approval for a site and building that does not meet the criteria of the Downtown Meridian Design Guidelines for Trini Assisted Living by Elisha Ricky -1353 West 1St Street: C. License Agreement with Nampa Meridian Irrigation District for the Black Cat Trunk. Sewer Phase 4 Schedule B&C: Meridian City Council Meeting Agenda -July 1, 2008 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. • REV 6-30-08 D. Water Main Easement Agreement for Monev Tree by Katsam, LLC: E. Cooperative Construction and Reimbursement Agreement with Primeland Development Co.. LLP for $22,349.95: F. Resolution No. :VAC 08-005 Request for a Vacation of the 10-foot wide public utility easement located along the south property boundary of Lot 3, Block 1 of Devon Park Subdivision No. 2 (aka Fairview Lakes) by Fairview Lakes, LLC - '/2 mile east of North Meridian Road and north side of East Fairview Avenue G. Approval of Contract Amendment for Senske Lawn & Tree Care. Inc. for the addition of services to the Water Division Building and Fire Station #5 for $24,925.00 over the 3 year contract term: H. Change Order No.1 for Black Cat Road Water Main Extension Phase 1 & 2 (Construction) with Brown Construction, Inc. for $44,164.50: I. Resolution No. Downtown Meridian Parking Committee: 6. Department Reports: 7. Items Moved from Consent Agenda: 8. MFP 08-005 Request to Modify the previously approved Final Plat (FP 05- 076) by removing the requirement fora 5-foot detached sidewalk along Lots 54-66, Block 5, which are located on the south side of E. Deerhill Street between Montague Way and Genoard Avenue for Messina Meadows by Tuscany Development, Inc. -'/Z mile west of S. Eagle Road and'/2 mile south of E. Victory Road: 9. Public Hearing: SHP 08-004 Request for a Short Plat to amend existing 4-unit condominium, Building E on a commercial building lot in a C-N zone for Quenzer Commons Condominium Amendment No. 2 by Brighton Commercial, Inc. -1545 E. Leigh Field Drive: 10. Public Hearing: SHP 08-005 Request for Short Plat approval to create 2 building lots on 1.05 acres in an L-O zone for Cammann Park Subdivision by Todd Meyers -NEC of NW 8~' Street and Cherry Lane: Meridian City Council Meeting Agenda -.July 1, 2008 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. • • REV 6-30-08 11. Public Hearing: AP 08-003 Request for City Council Review for an Appeal of Director's Determination to deny alternative compliance to allow a portion of the former Idaho Truss site to be used for shared parking for the Broadwav Integrated Project (CZC 08-018) by Ward Schwider - 130 E. Broadway Avenue: 12. Continued Public Hearing from June 24, 2008: Covered Load Ordinance• 13. Ordinance No. 08-1369 Covered Load Ordinance (3rd of 3 Readings): Meridian City Council Meeting Agenda -July 1, 2008 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. ~ Broadcast Report ~ Date/Time 06-30-2008 05:42:22 p.m. Transmit Header Text City of Merldlan Idaho Local ID 1 2088884218 Local Name 1 Llne 1 Local ID 2 Local Name 2 Line 2 This document :Failed (reduced sample and details below} Document size : 8.5 "x11 " f ~ ~. `'1-~C E IDIAN cITY couNCIL t is A H o REGULAR MEETING AGENDA City Council Chambers 33 fast Idaho Avenue,lwReridlan, Idaho Tuesday, July 9,1'448 at i:00 p.m. "AJthouyh the City of Merldlan no longer requires swam testirrrony, a!! presentations before the Mayor snot ~ Caunce7 ere exacted b be truthful and honest b the bast of fire ability of the pre~nt®r. T. Rol4catl Attendance: David 2:aremba Jos Gorton Charlie Rountree Keith t3ird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3- Community Invocation by Pastor Burton Rabert~ with AAerkilan t'so9pe! Tabsrnacia: 4. Adoption of the Agent: 5. Consent Agenda: A Findings of Fact anal Concluslo~ of Law f~ Approval: Rz 0& 001 Request to Reaorre 0.32 acres from R-4 to C1-T sons far Trinity As~slst~l Lhrtrw by Elisha Ricky -1363 West 1~ Street: B. Findings of Fact and Conctusians of t.aw for Approval: Ct1P 48-006 Request for Condltlonal Use Pemtit to operate a 24-hour Nursing Care Faa"tity In a proposed Ct-T zaMng district artd condiHanai use approval for a site and building that does no! meet the criteria of the Dovmtown Merldlan Design Guide9nes for Trinity /~~~d Uvina by EHsha Ricky- 9353 West 1~ Street: C. Licertss Agreement with Narana AterFdtan rnrbatlorr District tior dra Black Cat Trunk Sewer e 4 Schedule B&C: Merbdtan City Council Meeting Agenda-Jury 1.2~ Page 1 or3 Ad ~terleLspreeerdad arpuma mee8nge shag beoonre pmpertya~a CByorMeddtan. Anyone deu~ng aan AorateabiHliee is eoauments andlor tmarirtg, pte~ge fFre CilyC Otfl~ et888~4433 et teg~ A9 troure prior to bee pub~a neeii~, Total Pages Scanned : 3 Total Pages Confirmed ~ 51 No. Job Remote Station Start Time Duration Pages Une Mode Job Type Results 001 243 3810160 05:15:18 p.m.06-30-2008 00:02:49 3/3 1 EC HS CP9600 002 243 8989551 05:15:18 p.m.06-30-2008 00:00:41 313 1 EC HS CP21600 003 243 2088848723 05:15:18 p.m.Oti-30-2008 60:00:34 3/3 1 EC HS CP28800 004 243 8886854 05:15:18 p.m.06-30-2008 00:00:34 3/3 1 EC HS CP28800 005 243 2088985501 05:15:18 p.m.06-30-2008 00:00:47 3/3 1 EC HS CP31200 006 243 8467366 05:15:18 p.m.06-30-2008 00:00:34 3/3 1 EC HS CP28800 007 243 8950390 05:15:18 p.m.06-30-2008 00:00:35 3/3 1 EC HS CP28800 ~ Broadcast Report ~ ~ Date/Tlme Local ID 1 Local ID 2 06-30-2008 05:42:29 p.m. Transmit Header Text Clty of Meridian Idaho 2088884218 Local Name 1 Llne 1 Local Name 2 Line 2 No. Job Remote Station StartTlme Duration Pages Line Mode Job Type Results 008 243 2088882682 05:15:18p.m.06-30-2008 Q0:00:33 3/3 1 EC HS CP33600 009 243 2083876393 05:15:18p.m.06-30-2008 00:01:06 3/3 1 EC HS CP14400 010 243 2877909 05:15:18p.m.06-30-2008 00:00:35 313 1 EC HS CP28800 011 243 8885052 05:15:18 p.m.06-30-2008 00:00:34 3/3 1 EC HS CP31200 012 243 8881983 05:15:18 p.m. 06-30-2008 OO:t10:37 3/3 1 EC HS CP26400 013 243 2083776449 05:15:18 p.m.06-30-2008 00:01:06 3/3 1 EC HS CP14400 014 243 4679562 05:15;18 p.m. 06-30-2008 00:00:00 0/3 1 -- HS FA 015 243 8886700 05:15:18 p.m.06-30-2008 00:00:00 fl/3 1 -- HS FA 016 243 8884022 05:15:18 p.m.06-30-2008 00:02:00 313 1 EC HS CP14400 017 243 3886924 05:15:18 p.m.06-30-2008 00:01:06 3/3 1 EC HS CP14400 018 243 8841159 05:15:18 p.m.06-30-2008 00:00:36 3/3 1 EC HS CP31200 019 243 8840744 05:15:18 p.m.06-30-2008 00:00:36 3/3 1 EC HS CP26400 Abbreviations: H5: Host send HR: Host receive WS: Wafting send PL: Polled local MP: Mailbox print TU: Terminated by user PR: Polled remote CP: Completed TS: Terminated by system G3: Group 3 MS: Mailbox save FA: Fall RP: Report EC: Error Correct ~D lease `~s+ ~,r ~-~b~ ~ N rr~,~-. Tn ~c ~ (~E IDIZ IAN~~--- ~~ CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, July 1, 2008 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter," 1. Roll-call Attendance: David Zaremba Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Burton Roberts with Meridian Gospel Tabernacle: 4. Adoption of the Agenda: 5. Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: RZ 08- 001 Request to Rezone 0.32 acres from R-4 to O-T zone for Trini Assisted Living by Elisha Ricky -1353 West 1St Street: B. Findings of Fact and Conclusions of Law for Approval: CUP OS-005 Request for Conditional Use Permit to operate a 24-hour Nursing Care Facility in a proposed O-T zoning district and conditional use approval for a site and building that does not meet the criteria of the Downtown Meridian Design Guidelines for Trini Assisted Living by Elisha Ricky -1353 West 1St Street: C. License Agreement with Nampa Meridian Irriaation District for the Black Cat Trunk Sewer Phase 4 Schedule BSzC: Meridian City Council Meeting Agenda -July 1, 2008 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. • • D. Water Main Easement Aareement for Monev Tree by Katsam, LLC: E. Cooperative Construction and Reimbursement Aareement with Primeland Development Co., LLP for $22,349.95: F. Resolution No. :VAC 08-005 Request for a Vacation of the 10-foot wide public utility easement located along the south property boundary of Lot 3, Block 1 of Devon Park Subdivision No. 2 (aka Fairview Lakes) by Fairview Lakes, LLC - %2 mile east of North Meridian Road and north side of East Fairview Avenue G. Approval of Contract Amendment for Senske Lawn & Tree Care, Inc. for the addition of services to the Water Division Building and Fire Station #5 for $24,925.00 over the 3 year contract term: H. Chance Order No.1 for Black Cat Road Water Main Extension Phase 18:2 (Construction) with Civil Brown Construction. Inc for $44,164.50: 6. Department Reports: 7. Items Moved from Consent Agenda: 8. MFP 08-005 Request to Modify the previously approved Final Plat (FP 05- 076) by removing the requirement fora 5-foot detached sidewalk along Lots 54-66, Block 5, which are located on the south side of E. Deerhill Street between Montague Way and Genoard Avenue for Messina Meadows by Tuscany Development, Inc. - %2 mile west of S. Eagle Road and'/2 mile south of E. Victory Road: 9. Public Hearing: SHP 08-004 Request for a Short Plat to amend existing 4-unit condominium, Building E on a commercial building lot in a C-N zone for Quenzer Commons Condominium Amendment No. 2 by Brighton Commercial, Inc. -1545 E. Leigh Field Drive: 10. Public Hearing: SHP 08-005 Request for Short Plat approval to create 2 building lots on 1.05 acres in an L-O zone for Cammann Park Subdivision by Todd Meyers -NEC of NW 8~' Street and Cheny Lane: 11. Public Heairing: AP OS-003 Request for City Council Review for an Appeal of Director's Determination to deny alternative compliance to allow a portion of the former Idaho Truss site to be used for shared parking for Meridian City Council Meeting Agenda -July 1, 2008 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. I~ the Broadway Integrated Project (CZC 08-018) by Ward Schwider -130 E. Broadway Avenue: 12. Continued Public Hearing from June 24, 2008: Covered Load Ordinance• 13. Ordinance No. 08-1369 Covered Load Ordinance (3rd of 3 Readings): 14. Executive Session per Idaho State Code 67-2345(1)(b) - (to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student): Meridian City Council Meeting Agenda -July 1, 2008 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. "~ Broadcast Report ~ Date/Time 06-27-2008 03:35:22 p.m. Transmit Header Text City of Meridian Idaho Local ID 1 2088884218 Locai Name 1 Llne 1 Local ID 2 Local Name 2 Line 2 This document :Failed (reduced sample and details below} Document size : 8.5 "x11 " ~~i~E IDIAN~ t ca A H o CITY C©UNClL REGULAR ~IIEETING AGENDA City Council Chambers 33 East idaha Avenue, Nlertdian, Idaho Tuesday, Juiyr 1 a 2008 at T:00 p.rrr. i4rfhough the CHy of McAidian no kbrger requires sxrom te~trrx-nY, aH p-esentatlorrs before the Mayor and City Couns~7 are expected to be truthful and honest b the best of the abi~ty of ttr® presenter.D 1. Roli~call Attendance: David 2aramba Jae Harlan Charlie Rountree Kai6'r Bird AAayor Tammy de Weerd 2 Pledge of Aliegisnae: 3. Community imrocatlorr by Pastor Burton Roberts with Meridian Gospel Tabernacle: 4. Adoptbn of the Agenda: 5. Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: RZ 08- 009 Request to Reaone 0.32 acxes from R-4 to Ct-T one for Trinity Asstated Livino by Elisha Rk~cy- 4363 West 4`" Street: B. Flndlr-gs of Fact and Conclusions of Law for Approval: CtJP 08-008 Request for Candltional Use Permit to operate a 24-hour Nursing Care Far~Oty In a proposed t?-T zoMng district end conditional use approval for a site and Butht'mg that does not meet the criteria of the Downtown McHdian [teelgn Guidelines ffa' TMnity Aaslsted Livino by Eiitsha Ricky -1353 Went 1~ Street: C. Lkense AAyrgerKrgrlt a~i t~moa Afaerldlan IrrtriaaUon Lltstrict for the ,~~acic Cat j~9ewar Phase 4 Schedule B&C; AreridFen CRY Coumii AAeeUtg IlSatcda -July 1.24Q8 Peed 1 od 3 Ali rneteifale i» ~ p s-m9 became properly ~ Use City of Ateridien. 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Total Pages Scanned : 3 Total Paean Cnnfirmad • S1 No. lob Remote Stat(on Start Time Duration Pages Line Mode Job Type Results 001 231 3810160 02:59:38 p.m.06-27-2008 00:02:51 313 1 EC HS CP9600 002 231 8989551 02:59:38 p.m.06-27-2008 00:00:41 3I3 1 EC HS CP21600 003 231 2088848723 02:59:38 p.m.06-27-2008 00:00:35 3l3 1 EC HS CP28800 004 231 8886854 02:59:38 p.m.06-27-2008 00:00:33 3/3 1 EC HS CP31200 005 231 2088985501 02:59:38 p.m.06-27-2008 00:00:46 3i3 1 EC HS CP39200 006 231 8467366 02:59:38 p.m.06-27-2008 00:00:35 313 1 EC HS CP28800 007 231 8950390 02:59:38 p.m.06-27-2008 00:00:35 3/3 1 EC HS CP28800 Broadcast Report ~ ~ Date/Time 06-27-2008 03:35:31 p.m. Transmit HeaderText City of Meridian Idaho Local ID 1 2088884218 Local Name 1 Line 1 Local 1D 2 Local Name 2 Line 2 No. Job Remote Station Start Tlme Duration Pages Line Mode Job Type Results 008 231 2088882682 02:59:38p.m.06-27-2008 00:00:32 3/3 1 EC HS CP33600 009 231 2083876393 02:59:38p.m.06-27-2008 00:01;01 3/3 1 EC HS CP14400 010 231 2877909 02:59:3$p.m.06-27-2008 00:00:35 3/3 1 EC HS CP28800 011 231 8885052 02:59:38 p.m.06-27-2008 00:00:33 3/3 1 EC HS CP31200 012 231 8881983 02:59:38 p.m.06-27-2008 00:00:47 3/3 1 EC HS CP28800 013 231 2083776449 02:59:38 p.m.06-27-2008 00:01;18 3/3 1 EC HS CP14400 014 231 4679562 02:59:38 p.m.06-27-2008 00:00:34 3/3 1 EC HS CP28800 015 231 8886700 02:59:38 p.m.06-27-2008 00:00:00 0/3 1 -- HS FA 016 231 8884022 02:59:38 p.m.06-27-2008 00:00:00 0/3 1 -- HS FA 017 231 3886924 02:59:38 p.m.06-27-2008 00:01:02 3/3 1 EC HS CP14400 018 231 8841159 02:59:38 p.m.06-27-2008 00:00:35 313 1 EC HS CP28800 019 231 8840744 02:59:38 p.m.06-27-2008 00:00:38 3!3 1 EC HS CP28800 Abbreviations: HS: Host send PL: Polled local MP: Mailbox print TU: Terminated by user HR: Host receive PR: Polled remote CP: Completed TS: Terminated by system G3: Group3 W5: Waiting send MS: Mailbox save FA: Fall RP: Report EC: Error Correct • , Meridian City Pre-Council Meeting July 1, 2008 A meeting of the Meridian City Council was called to order at 6:30 p.m., Tuesday, July 1, 2008, by President Charlie Rountree. Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, Joe Borton, and David Zaremba. Others Present: Bill Nary, Jaycee Holman, and Keith Watts. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd Rountree: I'm going to open the Tuesday, July 1st, Pre-Council meeting with the roll call attendance, please. Item 2: Adoption of the Agenda: Rountree: Next item on the agenda is an item to adopt the agenda. Bird: Mr. President? Rountree: Mr. Bird. Rountree: From the published agenda we need to add an Item No. 5, would be an Executive Session as per Idaho State Code 67-2345(1)(f) -- I thought they changed that to an (e) -- to (1)(b) as (f). (f). Okay. With that I move that we approve that revised agenda. Borton: Second. Rountree: Moved and seconded to approve the agenda with the revision. All those in favor? It's passed. MOTION CARRIED: ALL AYES. De Weerd: It's going to be a long night. Rountree: I hope not. Bird: Better not. Meridian City Council Pre-Council July 1, 2008 Page 2 of 13 Item 4: Discussion of Concrete Surtacing on Lower Part of the New City Hall Building: Rountree: Item 3 is a tour of City Hall. But do we have some stuff you want to present to us first? Or, Gene, do you want to -- okay. What's the Council's pleasure? Do you want to get an idea of some of the interior stuff before you go see it? Zaremba: Yes. Watts: President Rountree, Madam Mayor, Council Members, we did have two different partition walls for you to take a look at, just to get an idea of what we might be bidding today -- or bidding for the Q walls in the future. I know we discussed it last time, but we wanted to bring something before you, so you could take a look at it and also we have a couple of color samples for you to take a look at. Rountree: Okay. Let's do that. Thank you. If you'd lead us through that. Moser: Certainly. Thank you. First of all, we had been asked to layout the larger chairs on the side partitions of the City Council chambers, so we will pass that around. That is a drawing showing the placement of the seating. We feel that is -- that gives you adequate space based on that size chair, if you would like to proceed with that. De Weerd: Looks good. Moser: Thank you. Bird: Looks good to me. Moser: Secondly, we talked about the fabric covering for that chair. Came will pass around -- we talked about black and maybe some other options. This would be a non-PVC vinyl, rather than leather, for cost factors and durability. De Weerd: PVC? Moser: Non-PVC. So, there is no PVC. The old vinyls would have a PVC off gas. This is a newer polyurethane product that's available. Bird: Is the durability pretty good? Moser: Yes, it is? Watts: Madam Mayor and Council -- oh, excuse me. Madam Mayor and Council Members, there was about a 350 to 400 dollar difference between that and leather and that's why we went with that. Meridian City Council Pre-Council • July 1, 2008 Page 3 of 13 Bird: As long as the durability is there I have no problem, but I love that color. De Weerd: So, it will be mocha. Brown. And brown goes with all of the stuff? Okay. Moser: As Keith mentioned, we also have the sample panels for you to take a look at. This is a sample of the style of panel that we will be bidding with approximately three to four different products. Basically this gives you an idea of the tack-able fabric panel insert. It will not necessarily be this color, but this is just a sample that we had. And Carrie is going to show you what approximately 66 inches looks like for that panel. So, these are a little bit shorter than what we would actually be using in the majority of the spaces. Zaremba: The fabric panel absorbs some sounds? Moser: They do. They do. They provide acoustical value, as well as adding a pane of class versus just having the opened, as we discussed -- as we discussed last time. The 42 inch -- what we have for you in your handout shows a vision panel that we would -- typical of what you would tend to see in these open office workstations where you have a 42 inch high fabric covered panel with a clear glazing above it for view and daylight. And, again, this is -- this is to enhance the user satisfaction within that cubicle, so we are providing the acoustical and the privacy that they have requested, while at the same trying to meet our LEED points for daylight and view. Watts: Madam Mayor and Council Members, I still want to bring up the fact that the windows are just above desk height, roughly. So, we still have the privacy being where you're going to be seeing people sitting around you and I know Anna Canning had issues with that as -- as we discussed last week. I thought we had direction from you to do just the above 12 inches of glass on the top of the partition walls. Bird: I don't -- Rountree: I don't remember that, Keith. Watts: Okay. Rountree: I don't know that we gave any specificity in terms of -- of that, but, one, what the directors needed to do their job and, two, what we needed to accomplish the LEEDS point. Moser: Yeah. In fact, we have got -- we were working out our calculation last time we talked, so we did bring our diagrams for the different areas for the LEED points. Simmons: Madam Mayor, Members of the Council, Steve Simmons, LCA Architects. What this is is a ray diagram and there is two points that we are going to try to actively pursue. We hadn't originally in the update that we have been giving, you know, on a monthly basis with Petra, we were not trying to pursue, actively, anyway, the day- Meridian City Council Pre-Council ~ S July 1, 2008 Page 4 of 13 lighting and the view corridor -- the view areas, but they are points that are certainly obtainable and, as you know, we need all the point opportunities that we can. So, what this is illustrating -- and the blue rays are -- and you can see the red diagrams as well. Those cubicles, if they are full height virtually, there is no -- nothing you can see out of those. So, we have lost the view opportunities. So, there is two different points, day- lighting, which we feel pretty comfortable we can obtain, because you need 75 percent of the occupied stations to have daylight, natural daylight attributes. But the challenge is the view and if we put in those solid partitions, number one, we have lost that view. Twelve inches down from 66 inches allows day-lighting in, but there is no view opportunities. So, literally, you would have to have windows like that starting above desk height at 42, roughly, to allow when a person would be sitting that you have that range to be able to at least look out and have contact with an outside window, of course. In the photographs that you have there. Bird: You have a 24 inch panel, then. Simmons: Yes, sir. And there is no guarantee, but we'd like to be able to offer, then, and try to obtain that, just so there is another issue of esthetics. Part of the overall feel that we are all trying to achieve from the get go of this facility is LEED day-lighting, all those sorts of healthy environments, so having the glass and have sort of a lighting opportunity for this open area was essential to achieving that, so I personally feel that if we -- if we put up solid partitions full height we have shot that down and we at least eliminated the opportunity to try to get the view point. Day-lighting, yes, but view would be gone. The only other challenge we have with the view is the Council chambers itself. City Council chambers you see is in gray. Right now we are going to have to probably argue that point and go to the council -- the Green Building Council, because they somewhat interpret that space as a -- somewhat used like a conference room, which, in reality you don't use this room like a conference room and we envision this to be more secure in the new facility, so people wouldn't have the ability to just walk in and have an impromptu conference in that room. So, we would challenge that point under the view -- the view point, if you will. Right now that 3,000 feet or whatever it is plus, shoots down the opportunity to even get the view point, but we are going to challenge that and we feel pretty strongly that we can at least make a pretty good case for that, because that is not -- it's a fairly unique space. This space is not something that's utilized by employees every day, seven, eight hours a day. It's specific reasons. And the reason is because there is no windows in it and there is a reason there is no windows, so when we have projection systems and things that we have. They tend to look at it, well, you can put blinds, you can do other things. Well, you can't really do that that well in a room of that size. So, there is a reason for that. But what they are proposing, what everybody has been looking at is a mixture of glass and partitions, solid panels like you have in front of you, to at least allow us the opportunity to try to pursue that point, so -- De Weerd: Mr. President? Rountree: Madam Mayor. Meridian City Council Pre-Council July 1, 2008 Page 5 of 13 De Weerd: I guess, Steve, my question would be do they have to have it -- that view corridor sitting down or -- it is where they are sitting at their desk? Moser: Point is -- De Weerd: Because I believe Director Canning's issue was as her staff is trying to focus on development applications and that the sort of thing, the distraction of movement and all of that is what she's concerned about and disrupting -- Simmons: Part of that I would counter, Mayor, Members of the Council, is also that particular -- I'll take the other side of the truck. That particular area has more enclosed offices than any other office space. In a different programming standpoint, because I understood and I agreed with -- with her at the onset, they have -- this source of many of them kind of do -- need that kind of enclosed space to do what they need to do and they are on the phones a lot and we understand that. In fact, a lot of those enclosed offices are on the perimeter as it says and whether these are the same way, I can't answer that, she can. But we still feel we can provide some privacy, but, you know, it goes counter to what the vision of the building was going to be by putting solid partitions up all over. At least it eliminates the opportunity. It's your choice. Moser: If I may pass this around, I have done an isometric here of a revised cubicle showing high glass and, then, the low glass at the comers and so you actually have a concentration work zone within your own space, so you have got an area that does have windows that you can scoot your chair over to achieve daylight, but also at the same time you do need that heads down time where nobody's bothering you and if it turns out that we cannot achieve that view point that we want, we have the option for ribbed glass that's the same cost as the clear class for privacy issues, if we don't -- if we can't get the view. And I'll pass this around. Zaremba: Mr. President? Rountree: Dave. Zaremba: One of the other issues, besides the distraction of the windows, was that Planning and Zoning as a group need to hang large things on their wall, like -- like the map that's leaning against our wall over there -- in order to work with the people that are in there doing stuff. Do we lose points if they use stickers and put things on the glass? Simmons: How you use the space is up to you. Zaremba: Okay. Simmons: The diagrams and the calculations don't take that into account, they do the square footage of glass and area (unintelligible). Zaremba: Because they need wall space and -- okay. .Meridian City Council Pre-Council ~ • July 1, 2008 Page 6 of 13 Borton: Mr. President? Rountree: We are not setting ourselves up for asituation -- it sounded like you go with clear glass and if it doesn't work you go with this -- I mean it doesn't make sense to divide two different versions and -- did I misunderstand you? Moser: No. We need to finish our calculations for the view points. He mentioned the City Council room. If we can get that -- argue for that point, if they will give us that point, we will do clear glass and if they don't -- so, you're not going to be buying two. It will be either/or. Simmons: I guess -- I guess what it would mean, though, is what these diagrams don't show yet is just if you like the overall concept we are talking with the glass in the comers, like in the diagram she just showed you, the isometric she drew, we need to go back and take this diagram and be able to do our rays out of those cubicles. You see right now they are just red. We haven't done it, because we weren't sure if it was a solid partition or you were going to allow us to have some glass in those. If we can agree that. at 42 inches we can put awindow -- and we will mark where these windows go and we will do these things for the diagrams and be able to tell you where to purchase them to get with this -- we have no chance at all to do what we want. You know, so we would know that here real soon. We just need to be able to work with Elizabeth and. now this -- today we figured out if (unintelligible) windows strategically in those cubicles, so you can have that view corridor. So, there again, at least we can strive for the point and, hopefully, that's one we can get, so -- either way we still have to argue on the Council chambers. That doesn't matter. If we are going to try to get that. Rountree: Okay. Any other questions? Zaremba: Yeah. Rountree: David. Zaremba: I know you said it a couple times, but I'm still not quite understanding the Council chambers. It's not really desirable to have aview -- Simmons: Absolutely. Zaremba: -- in the Council chambers. I'm not understanding what the point -- Simmons: This USB Building Council sees it black and white. You should have daylight into all meeting spaces where a worker or somebody is going to be and they look at that like a big conference room. Well, in fact, it's not. So, we have to write an argument. We submit for our views and for our day-lighting and submit that room -- Zaremba: A room to be exempt from being counted or something. Meridian City Council Pre-Council ~ • July 1, 2008 Page 7 of 13 Simmons: Now, they can tum it down, but we are going to try to make the argument -- and they allow for that. There is a methodology to do that, but -- so, I guess the point is, Councilman Zaremba, is that we could go with the clear glass, besides what we are asking you, but it's contingent on that room being accepted as well. And they could tum the room down and this is -- but, there again, we feel strongly -- this creates the overall feel regardless, you know. It's a much better environment having glass, having people that have connections to the outside environment, which is what the building was striving to do anyway, versus solid partitions up to 66 inches, so -- De Weerd: And the red glass that qualifies for that view -- Simmons: It does not. It does not. So, we will have this put to bed to allow Keith, when he goes out and we put our bid packages together one way or the other, so -- Borton: Mr. President? Rountree: Joe. Borton: This might have come up last week. Maybe Keith can answer it. Was there some overwhelming favor one way or the other with -- with staff? And not just planning staff, but all users of City Hall in regards to the partition? Rountree: We had meeting with the directors last week after the presentation -- and Keith can give you a rundown on what's going on -- Watts: Councilman Borton, Madam Mayor, Council Members, most of the staff would rather naturally have the -- the higher walls with the glass and you also have to realize that our -- our general population are not looking at getting a LEED point. That's not in their realm. They are considering what's best for each individual worker. The workers would prefer to have the higher walls. The employees would. So, it's -- the bottom line would be whether the -- i# we had to go with the -- with LEED point and we will have to dictate to them we will put the glass in where we are required in order to get that LEED point or we will decide not to get the LEED point and in that case, then, we will instruct LCA to write the specs in that direction. Simmons: And, then, we could use the 12 inch glass on top above that if we wanted to. Watts: Yes. If we choose not to go that -- Simmons: We have high ceilings in there, too, which is nice. Watts: I think what we will need is a decision from Council as whether we want to obtain that LEED point, to go for that LEED point. Rountree: Thanks, Keith. Meridian City Council Pre-Council ~ • July 1, 2008 Page 8 of 13 Borton: Mr. President? Rountree: Joe. Borton: Any chance you could do partitions in Council chambers, maybe between Council members? De Weerd: Amen, brother. Rountree: Do you need that direction this evening? Watts: I guess I would ask Steve. Rountree: Do you need it? Watts: We can get the spec written and get it out to bid. Rountree: Okay. Simmons: I guess what I would ask is just let us figure out the raise -- let's assume we are going to put the glass in and go through the exercise of just seeing what our view opportunities out of these cubicles and -- what's that, a day or two, probably. And, then, come back to you and advise Keith yea or nay. I mean if it doesn't look like we are really going to do it anyway, then, we may as well just take them off and make everybody happy, I guess. Watts: Madam Mayor and Council Members, I would probably prefer to have that decision made now, so we don't have to come back next week and ask again and we can just move forward. If he's able to get the LEED point and you want to go with it, we will let the specs that way. If they are not obtainable, then, it's anon-issue and we will go with the 12 inch on top, is what I would suggest. I'm just trying to eliminate having to come back to Council again for this decision. Bird: Mr. President? Rountree: Mr. Bird. Bird: My two cents worth is I'd like to see them have the full -- after 42 inches have 24 inches of glass. Alight office is a much pleasant -- more pleasant office to work in than a dark one. I think that -- I think everybody, once it was set up, would like it. Twelve inches is not much. By the time you get -- you're going up seven foot partitions that way and by the time you get your aluminum surround; you're probably down to at least eight inch of glass is all. So, I would like to state it -- what these are like and this height I know is very -- used quite often throughout the office world and has been very successful. That's my two cents. Meridian City Council Pre-Council • July 1, 2008 Page 9 of 13 Borton: Mr. President? Rountree: Joe. Borton: I could probably be persuaded either way, but my -- my initial reaction is probably the opposite. The point itself, it sounds like we have a map laid out to get us points needed without this element. It would be nice, you can't have too many, and it's a nice safety point to try and get the -- you know. But we are talking about the preferences of the work environment of those that are going to be sitting here day to day. We have got these in our office and they are low and they are not preferred. But I'm sure there are some great examples, which you could provide where it works best. I'd probably lean to go the other way and have glass on top. Watts: Council Members, I would like to reiterate what Councilman Bird did say, that, you know, you're going to have approximately three or four inches of a frame around that glass, so if we do go with the 24, then, we will end up with 18, 16 inches of glass. I'm guessing. LCA can verify that. A 12 inch is probably going to only give you like an eight or a nine inch piece of glass. Bird: Yeah. Watts: Which would be -- the one thing is the lower glass probably -- I'm not sure -- will that cover the top of a 17 or a 20 inch monitor? I'm not sure if it will even cover the tops of monitors, but LCA can address that as well. Moser: Yes. Yes. We can adjust -- we can put the glass at a certain -- there are different increments and we can raise it up and make it above 42 if we need to, make the lower panel 54. Although the glazing portion of it, what we would like to try to do is minimize the amount of glazing necessary to get the view point and I think that sample that I passed around, that sheet with the glass on the outer comer is probably our best bet for that. De Weerd: Do you have those samples you want to give back? Borton: Mr. President, I'm not necessarily, you know, stuck in stone on having it higher. And I don't disagree with Councilman Bird. But from my limited experience (unintelligible) for now. Moser: I'm passing around, again, that -- the diagram of the partition that shows the glass on the exterior and based on our views, all I really need is a line from where somebody is sitting out to a window and I may be able to accomplish that in a 24 inch wide by 36 inch high piece of glazing. Borton: Mr. President? Meridian City Council Pre-Council • • July 1, 2008 Page 10 of 13 Rountree: Joe. Borton: Looking at this diagram that either I skipped over and didn't understand. It seems as though this -- doing the glass, as Councilman Bird describes, still affords the privacy and the head down work space, so -- I don't know why I missed it. So, that makes more sense. I apologize. Bird: Want to see that, Charlie? Rountree: No. I saw that and I would concur with what Mr. Bird said. Short of not being able to accomplish it after you do your analysis, then, I would follow Keith Watts' recommendation and finish the analysis. If it's -- if it's a go, move the direction to get the view. If isn't going to work anyway, procedure as Keith recommended. That way you can get a spec and don't have to come back to Council and get going. Moser: You'd rather me do that than keep -- keep -- maintain the panel, with the glazing view and swap out the glazing? Rountree: To that -- Moser: Clear to this. That would just -- to terrace that as a little esthetic element into it, still maintaining privacy, rather than doing a full height fabric panel, where you would have no window. Is that acceptable? Rountree: You can't see through the -- the -- whatever you call that glass. Moser: Glazing. Bird: You can see -- the obscure glass. You can see -- Rountree: Shadows. Bird: You can see shadows, but you can't see -- Rountree: So -- Watts: President Rountree, Councilmen, I would like to also offer the -- for information that if we do go with that glazing, it will add a cost over than just a standard fabric panel and I'm not sure if -- maybe Gary from Correctional Industries could get us an idea of -- a rough estimate per panel. Moser: Oh, I don't have that rough estimate per panel, but I do -- we do have the glazing built into the budget that you have. Rountree: Good. Meridian City Council Pre-Council • • July 1, 2008 Page 11 of 13 Bird: It looks nice. Rountree: So, did you get what you needed? All right. Moser: Thank you. Yes. Bird: Move it forward. No excuses. Rountree: That's all you needed? Okay. So, before we break for the tour, our friends at Meridian Heights and Kentucky Ridge want to get back together and I've explained to them what the Council's position was and I think they recognize what the position is. They might want the Council to consider a scheduling or a timing of how to implement some kind of an activity out there. My question to you is do you want to hear that in a workshop-type environment, because there could be a lot of stuff thrown around. Or would you want it in a regular meeting? Because I have no idea how long it could go. Borton: Mr. President? I don't know when the last meeting was, but I had met with -- with Mr. Grady and one of their representatives, which is somebody new some time ago, but it was the last meeting that I was aware of and it was effective. It didn't take that much time, but allowed us to remind them the questions that we needed answered and we hadn't heard anything back. So, I guess my sense would be sort of coming in and having a full Council meeting, is you have one of those again, I would be glad to go -- maybe Mr. Barry will want to come with me to see where they are coming in and find out the scope of the request or if they have done anymore work. And, then, report back to Council. Rountree: I could go work through Public Works on that particular item or just schedule them for a workshop piece of August, then, they could come in with Public Works and some of the scenarios they want to present and move forward that way, in the August -- workshop. Is that agreeable? Bird: Fine with me, Charlie. Item 3: Tour of New City Hall Building: Rountree: Okay. That's all I needed. We will get back to them, tell them that's what we will do for them. One more time. Thank you. Let's adjourn to the tour after Gene tells us what we are going to do. Bennett: Thank you. Some of us you see all of the time and some of us you don't. So, Sherry and Tom, you see them all the time. Some of the people that you don't see all the time, Laura is assistant LEED. She's an architectural student at Moscow and -- De Weerd: Moscow. Bennett: Moscow. I stand corrected. Meridian City Council Pre-Council • July 1, 2008 Page 12 of 13 Bird: You were correct. Bennett: Matt is a project superintendent. He's pushing the site. And Scott is NEP superintendent, mechanical-electrical. He's in charge of systems start-up on a very technical building. Thank my lucky stars for Scott Rainer. So, we are ready to go. Rountree: Okay. Bennett: You won't need hard hats. You won't need anything. There is nobody on site, so -- (Recess.) Zaremba: Okay. We will reconvene the Pre-Council meeting. We have had Item 3, the tour of the City Hall building and while we were there we covered Item 4, discussing of the concrete surfacing. Item 5: Executive Session per Idaho State Code 67-2345(1)(fl - (to consider and advise its legal representatives in pending litigation): Zaremba: And now we will move onto Item 5, which it is -- for those of you that weren't here earlier, is a item that was added. We moved the Executive Session from the regular meeting into this Pre-Council meeting and if we have amotion -- Bird: Mr. Vice-President? Zaremba: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(f). Borton: Second. Zaremba: We have a motion and a second. Let's see. That I believe is a roll call vote. Madam Clerk. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: All right. We are into Executive Session. EXECUTIVE SESSION: Zaremba: Okay. I would entertain a motion to come out of Executive Session. Meridian City Council Pre-Council • • July 1, 2008 Page 13 of 13 Bird: So moved. Borton: Second. Zaremba: We have a motion and a second. All in favor say aye. Any opposed? That motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Zaremba: I would entertain a motion to adjourn the Pre-Council meeting. Bird: So moved. Borton: Second. Zaremba: We have a motion and a second. All favor in say aye. MOTION CARRIED: THREE AYES. ONE ABSENT. MEETING ADJOURNED AT 7:00 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) TAMMY DE ERD, MAYOR DATE APPROVED ATTEST: JAYCE L. / ~ ''~ ~s CI LERK o - $~A~, 9 9 1~ ' r13T• ~Q ~~. ~9 Q. Irr~ N111 • JUIy 18, 2008 MERIDIAN CITY COUNCIL MEETING JUIy 22, 2008 APPLICANT ITEM NO. S-F REQUEST Approve Minutes of July 1, 2008 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the CHy of Meridian. • Meridian City Council Meeting July 1, 2008 A meeting of the Meridian City Council was called to order at 7:13 p.m., Tuesday, July 1, 2008, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Joe Gorton, Keith Bird, and David Zaremba. Members Absent: Charlie Rountree. Others Present: Ted Baird, Jaycee Holman, Caleb Hood, Kyle Radek, Bill Johnson, Tracy Basterrechea, Steve Siddoway and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Joe Borton Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. We'd like to welcome you all here. It is Tuesday, July 1st. What a great day. It's ten minutes after 7:00 -- or 13 minutes after 7:00. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Okay. Item No. 2 is the Pledge of Allegiance. If you will all raise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Burton Roberts with Meridian Gospel Tabernacle: De Weerd: Okay. Item No. 3 is our community invocation. Tonight we will be led by Pastor Burton Roberts. He is the retired pastor with Meridian Gospel Tabemacle. We would ask that you join us in the community invocation or take this as an opportunity for a moment of reflection. It's nice seeing you again, pastor. Roberts: Thank you. It's good to be here and I appreciate the opportunity, once again, to come before the Mayor and Council at this time. Let us pray. Most gracious and kind Heavenly Father, it is always with joy that we take this moment to come before you and ask for your blessings. But, Father, tonight I would like to pause, first of all, to say thank you, God, for all that you have done for each one of us, for each one of our lives, the many blessings that you have poured out upon us, for the privilege that we each one have of being a part of the City of Meridian we thank you. So, Father, we ask that as Meridian City Council July 1, 2008 Page 2 of 34 we continue to look forward to the years ahead and all the wonderful things that you have planned for each one of this city, that -- that we would be able to ask for you wisdom, our guidance to be present at each time that we come together, that you would cause all of our hearts and our minds to be able to tum towards you, realizing that in -- in days such as we.live, if there was ever a day that we need your guidance and help, it's these days. And so, Father, we just know that we can ask of that and receive. So, bless our Mayor and the Council and all the workers of the City of Meridian and cause all of our hearts to be joined together in a special unity of your spirit for furtherance of all the wonderful things that you have planned for us. We ask now your full blessing upon this night and ask it in Jesus' mighty name, amen. De Weerd: Thank you so much. Okay. Pastor Burton, we have new City of Meridian pins. So, I would love to present you with one of our pins to thank you for joining us today. Roberts: Thank you. De Weerd: Thank you. It's also an honor that I'm a new grandmother. My daughter delivered my first baby girl granddaughter on Sunday. Zaremba: Congratulations. De Weerd: Bella. And she is beautiful, so -- Zaremba: We can all call you Nana? De Weerd: Nana is good. Bird: Grandma. De Weerd: Grandma sounds way too old. Bird: Will's going to have to give up his name. Item 4: Adoption of the Agenda: De Weerd: Okay. Item No. 4, adoption of the agenda. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: On the Consent Agenda, Item F, the resolution number is proposed to be 08- 612. I'm reading from a revised updated agenda. There is an Item I on the Consent Agenda and that is proposed to be resolution 08-613. On the regular agenda, Item 8 has been asked to be continued to -- or removed, rather, to be heard on July 22nd, Meridian City Council • • July 1, 2008 Page 3 of 34 2008, and so we won't do that. Item 13 is Ordinance No. 08-1369 and there has been a request to move Items 12 and 13 to earlier in the agenda tonight and I will move that we replace Item 8 with Items 12 and 13. With that I move that we adopt the agenda as modified. Bird: Second. De Weerd: Okay. I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carved. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: RZ 08- 001 Request to Rezone 0.32 acres from R-4 to O-T zone for Trini Assisted Living by Elisha Ricky -1353 West 1St Street: B. Findings of Fact and Conclusions of Law for Approval: CUP 08-005 Request for Conditional Use Permit to operate a 24-hour Nursing Care Facility in a proposed O-T zoning district and conditional use approval for a site and building that does not meet the criteria of the Downtown Meridian Design Guidelines for Trini Assisted Living by Elisha Ricky -1353 West 1St Street: C. License Agreement with Nampa Meridian Irrigation District for the Black Cat Trunk Sewer Phase 4 Schedule BSZC: D. Water Main Easement Agreement for Money Tree by Katsam, LLC: E. Cooperative Construction and Reimbursement Agreement with Primeland Development Co., LLP for $22,349.95: F. Resolution No. :VAC 08-005 Request for a Vacation of the 10-foot wide public utility easement located along the south property boundary of Lot 3, Block 1 of Devon Park Subdivision No. 2 (aka Fairview Lakes) by Fairview Lakes, LLC - 'h mile east of North Meridian Road and north side of East Fairview Avenue G. Approval of Contract Amendment for Senske Lawn & Tree Care, Inc. for the addition of services to the Water Division Building and Fire Station #5 for $24,925.00 over the 3 year contract term: Meridian City Council July 1, 2008 Page 4 of 34 H. Chance Order No.1 for Black Cat Road Water Main Extension Phase 1 8~ 2 (Construction) with Brown Construction, Inc. for $44,164.50: I. Resolution No. Downtown Meridian Parkins Committee: De Weerd: Item 5 is our Consent Agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Noting that Item F is resolution number 08-612 and Item I is resolution number 08-613, I move that we adopt the -- that we adopt the Consent Agenda and for the Mayor to sign and the clerk to attest. Bird: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. If there is no discussion, Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: De Weerd: Okay. There is no department reports. Item 7: Items Moved from Consent Agenda: De Weerd: And no items moved from the Consent Agenda. Item 8: MFP 08-005 Request to Modify the previously approved Final Plat (FP 05- 076) by removing the requirement fora 5-foot detached sidewalk along Lots 54-66, Block 5, which are located on the south side of E. Deerhill Street between Montague Way and Genoard Avenue for Messina Meadows by Tuscany Development, Inc. -'/Z mile west of S. Eagle Road and'/2 mile south of E. Victory Road: De Weerd: Item 8 has been requested to vacate until July 22nd, so we will go ahead -- Zaremba: Madam Mayor, do we need a motion for that? De Weerd: Do we? Meridian City Council • • July 1, 2008 Page 5 of 34 Baird: Madam Mayor, Members of the Council, it's not a public hearing. It does need to be continued. You have already noted on the record that it's vacated and reset. So, unless anybody wants to add some formality to it, I think you have set the record. As I understand it, it's a public item, but not a public hearing. Item 12: Continued Public Hearing from June 24, 2008: Covered Load Ordinance• Item 13: Ordinance No. 08-1369 Covered Load Ordinance (3rd of 3 Readings): De Weerd: Okay. Thank you. Item 12 was moved into this slot and we do have a continued public hearing on the covered load ordinance. Madam Clerk, will you, please, read this ordinance by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 08-1369. An ordinance of the City of Meridian adding a new section, Section 13, to Title 7, Chapter 1, Meridian City Code, prohibiting uncovered loads and providing an effective date. De Weerd: Okay. This is a public hearing. Is there anyone who would like to provide testimony on this application? Or on this ordinance. Okay. Seeing none, Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on the covered load ordinance. Zaremba: Second. De Weerd: I have a motion and a second to close Item No. 12. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. We are in the third of three readings on this. Council, I would look for your motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve ordinance 08-1369. Zaremba: Second. Meridian City Council • • July 1, 2008 Page 6 of 34 De Weerd: I have a motion and a second to approve the covered load ordinance. Is there any discussion? Hearing none, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 9: Public Hearing: SHP 08-004 Request for a Short Plat to amend existing 4-unit condominium, Building E on a commercial building lot in a C-N zone for Quenzer Commons Condominium Amendment No. 2 by Brighton Commercial, Inc. -1545 E. Leigh Field Drive: De Weerd: Thank you all. Okay. Item 9 is a public hearing on SHP 08-004. I will open this public hearing with staff comments. Hood: Thank you, Madam Mayor, Members of the Council. Item No. 9 is a short plat. Essentially, short and sweet. This is a revised short plat. They are doing a condominium on this building and the original condominium, the walls -- the dimensions of the wall areas and the descriptions now have to be amended, so they are back before us for a revised short plat. It just has to do, again, with the internal dimensions of the wall space in the four lease areas -- or for sale areas in Quenzer Commons condominium -- excuse me -- on short plat number two. It's off of Leighfield Drive in Quenzer Commons. I do have a letter from the applicant agreeing to all the conditions in the staff report and I will stand for any questions you may have. De Weerd: Thank you. Council, any questions? Bird: I have none. Borton: No. Zaremba: No. De Weerd: Okay. This is a public hearing. Is there anyone who would like to provide testimony on this application? Like the applicant. No. Okay. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I move that we close the public hearing on Item 9, SHP 08-004. Zaremba: Second. Meridian City Council July 1, 2008 Page 7 of 34 De Weerd: I have a motion and a second to close the public hearing on Item 9. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move we approve Item 9, SHP 08-004. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 9. Is there any discussion? Bird: I have none. De Weerd: Okay. Roll call vote. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 10: Public Hearing: SHP 08-005 Request for Short Plat approval to create 2 building lots on 1.05 acres in an L-O zone for Cammann Park Subdivision by Todd Meyers -NEC of NW 8~" Street and Cheny Lane: De Weerd: Okay. Item 10 is a public hearing on SHP 08-005. I will open this public hearing with staff comments. Hood: Thank you, Madam Mayor, Members of the Council. Item No. 10 is also a short plat for the Cammann Park Subdivision. It's located on the northeast comer of Northwest 8th Street and Cherry Lane. Here is an aerial view of the site. As you can see, one of the areas of the short plat -- one of the lots is already developed with an existing professional office building. They are proposing to develop the remainder area with another professional office building just to the east in this general vicinity here. They will be using this driveway as a shared access, as well as that -- excuse me -- that other driveway over to 8th Street for both lots within the proposed subdivision. This does have the two lots. Staff is recommending approval. We did receive testimony today from Ada County Highway District, a memo from Christie Rich -- or Christie Little, excuse me. And the memo states that they may in the future restrict one or both of these access points to the adjacent roadway due to traffic volumes and/or injuries. They are approving them at this point, but they just wanted to put that out there, that they may restrict those in the future. Really, the only issue that we have for you tonight is the question of landscaping adjacent to the existing lot. The landscape plan that staff received only included this lot within the plan, so there wasn't a plan showing what Meridian City Council July 1, 2008 Page 8 of 34 landscaping existed along the other required street buffers along the street and the applicant is requesting that that existing landscaping just be remain to stay. So, that's a question, I guess, for Council. That condition of staff is included in the staff report as Condition 7-A, which has to do with landscaping. And the applicant is here tonight and they did submit written comments to that effect, too. The other two comments they have in their letter, I think we have worked through and can accommodate those requests and with that I will stand for any questions you may have. De Weerd: Council, any questions for staff at this time? Bird: I have none, Mayor. De Weerd: Okay. Is the applicant here? Hi. Meyers: Thank you, Mayor. De Weerd: If you would, please, state your name and addresses for the record. Meyers: Todd Meyers. 645 Hickory Lane. I work for Morgan Development and we are the ones that are developing the -- what would be the new lot. This parcel was put together, oh, roughly 20 years ago and that's when Meridian Dental was built in the mid '80s and as you can see they do have some landscaping, which exceeded the requirements at the time, but they do not meet today's requirements. And so I do have some photos that I'd like to talk about that. The first lot here is 7/10ths of an acre and, then, the one that has just been weeds and dirt for the last 25 years, is roughly about 4/10ths of an acre. And so you have a family dentist that will be right next to an endodontist. So, the root canal doctor will be there. As you have seen on the plat, in addition to the two lots, we did plat in easements that -- so, that we will use the existing access. No additional access will be required. There is also, for Lot 2, it will be granted access going across in front of Lot No. 1 to get out to 8th Street and, then, through number two is-the access for Lot No. 1 to access on through, just in case those access points are ever changed, it has more flexibility or even just if the property further to the east ever redevelops it gives the city more options as far as how to handle traffic flow there. The other easement here is for parking for Lot No. 1, as may be seen on the photo that that's where they have been parking on top of that dirt for the last however many years. Being a family dentist, they need a lot of parking. The endodontist has its required parking and all of its parking it needs near the street frontage. As mentioned earlier, the lot number one's parking does not meet -- or landscaping does not meet today's standards. I did go over and take some photos and so I'd like to enter those into the record, if I could. De Weerd: Okay. Can you put those up on the overhead? Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council July 1, 2008 Page 9 of 34 Bird: Could I ask Mr. Meyers a question? De Weerd: Uh-huh. Meyers: Yes. Bird: Your drive through, that is a -- that's a driveway for the duplex or four-plex there next to it. You will shut that off on the east end there, won't you? There is no way they can come out right there? Meyers: There is -- there is a chain link fence that goes right there, Councilman. Bird: You will leave that there so they can't come out? Meyer: Yes. Hood: Madam Mayor, Members of the Council, I'll still work on this. I have got it to pop up, I just need to figure out how to get it on the screen up there and with these dual monitors I haven't worked that in awhile, so give me a second or if you have -- I can pass these around as well. I will work on it, but it may take a minute if I'm able to make it work. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: While he's standing up here, I -- I am quite familiar with this comer. Their existing landscaping on that dentist ofFce there I think is very nice. I realize it don't -- isn't up, probably, to our standards of today, but I think it's very nice and very attractive comer for us. I know you're going to landscape over in front of Lot 2. Do that up to standards at this point. Meyers: Yes. Councilman, on Lot No. 2 I believe we were required to have about two trees going across here. We have four trees and, really, close to about a hundred bushes that go in that area. To the north we have four more trees. And there is only two windows that look to the north, but those four trees will do a great job buffering the residential to the north. Bird: Personally, I have no problem with the existing landscaping on Lot 1. Lot 2 they can bring it up to our existing standards now as they do it. De Weerd: While you're trying to figure that out, if you will kind of tell us what you're requesting for consideration. Meridian City Council • • July 1, 2008 Page 10 of 34 Meyers: As you look at those photos, of course, you will see that it doesn't meet the widths that you would have today. However, the nice thing is they are 25 year old trees and so you may not have the landscaping on the ground, but you definitely have it up in the air. And so you're going to be able to see the ones that are going along that ten foot wide strip along the sidewalk. Those trees overhang the cars. Now, how nice would that have been over this past weekend with how hot that sun was to have been parked underneath shade. And, then, on the comers you can see here -- this is at the comer of 8th Street and Cheny, you can see there we do meet the requirement and we exceed it and it also helps with clear sight triangle. A little bit harder to see off of the east entrance, but, again, that landscape island comes all the way to the rear of that car and, again, there is a big mature tree there. So, as you're driving down Cherry, you're going to have, basically, the image of a larger landscaped area. The mature trees in this area here, you can see them off this photo, if you look real close, you can see that they overhang the rear of those cars. In addition, there is mature landscaping in front of the building, which -- I mean I guess if there was -- if we had to change, we'd end up removing those trees to push everything to the north, so that we could get the landscaping down here along the street. But I think what -- how the trees have matured, it really has come out looking very nice. The other thing you can't see because of the red line here, is there are some large evergreen bushes and so as vehicles pull in here, especially during the wintertime when you have dark more frequently, headlights are going to hit those bushes and so it really does a nice job to buffer the residential. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: That's at least ten feet there before you hit the parking lot, if not maybe a little more. Meyers: Yeah. It's -- Bird: And we want to remember that comer is very -- during the school year is pedestrian occupied pretty heavy, because that is -- a middle school sits right across -- caddy comer across from that building and that comer is. So, they have got that cleaned, so you can see -- you have good, good view to the northwest coming from the east and, of course, from the west you got good views. So, I think it's attractive, according to myself. Meyers: The other thing, if I could, Councilman, is on 8th Street, which leads into the residential area, we do exceed the requirement and, again, we have mature trees that are over on that side of the building. Bird: You're all grass back there, aren't you? Meridian City Council • July 1, 2008 Page 11 of 34 Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: My comments would be along the same lines as Councilman Bird. While I agree with the current code, and its applicability where. ever we can get it, this already does have mature landscaping that fits in nicely. To really solve the problem and bring it up, you'd almost have to have them move the building back about ten feet. So, I don't think there is anything gained by changing that portion and I agree with -- on building lot two, if that's what you call it, but that should comply, but I'm happy to waive it on Lot 1, if that's what you have offered. De Weerd: Okay. Council, we will go ahead and if -- do you have any further comments? We will go ahead and hear the rest of the public testimony, if there is any, and if we can get what you had to show up on the screen, we will try to continue to do that. Okay. This is a public hearing. Is there anyone who would like to provide testimony on this application? Baird: Madam Mayor, perhaps we should offer to show those pictures to anybody who wants to see them, so we can just move forward and then -- Zaremba: We did have the opportunity to see the hard copies and they are right here with the clerk, if anybody wants to see them. De Weerd: Is there any member who would like to see these pictures? Zaremba: Madam Mayor? De Weerd: Okay. Mr. Zaremba. Zaremba: Having heard staff and applicant testimony and given the public the opportunity to testify, I move that we close the public hearing on Item 10, SHP 08-005. Borton: Second. De Weerd: Okay. I have a motion and a second to close the public hearing on Item 10. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Any discussion? If not, do I have a motion? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council • July 1, 2008 Page 12 of 34 Zaremba: I move we approve SHP 08-005 with the note that the landscaping on the existing lot may be kept up in its current condition. Borton: Second. De Weerd: I have a motion and a second to approve. Any discussion? Okay. Madam Clerk, roll call. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Item 11 is a public hearing on -- Zaremba: Madam Mayor? Basterrechea: Madam Mayor? Zaremba: Before you open that, I believe we have a police matter to deal with. Basterrechea: Lieutenant Colaianni just came in and I have been notified that we are in violation of an ordinance. Apparently we have a 49 year old grandmother who really should be celebrating her birthday at home with her family and they are actually waiting outside for you. So, if we have to escort you out, we will, but we don't want it to come to that. Gorton: She's resisting. De Weerd: What a railroad job is that. Zaremba: I think she needs the full attention. Bird: Get out. Gorton: Come get her. Bird: Good-bye. De Weerd: Was that a choice? Basterrechea: I had Lieutenant Colaianni bring his tazer just in case. Bird: Have a good time. • Meridian City Council July 1, 2008 Page 13 of 34 Zaremba: Happy birthday and congratulations. De Weerd: Okay. Since I haven't opened the public hearing, I would say that Council, just for the record, I am in favor of it. Item 11: Public Hearing: AP 08-003 Request for City Council Review for an Appeal of Director's Determination to deny altemative compliance to allow a portion of the former Idaho Truss site to be used for shared parking for the Broadway Inte4rated Proiect (CZC 08-018) by Ward Schwider - 130 E. Broadway Avenue: Zaremba: Okay. Now that we are in compliance, I will open the public hearing on Item No. 11, AP 08-003. We will begin with the staff report. Mr. Hood. Hood: Thank you, Mr. Vice-President, Members of the Council. This item is an application to appeal Anna's determination for some off-site shared parking in Old Town. As you can see on the map, we have highlighted the two sites that are in question. The one in red actually includes the adjacent parcel, 130 and 132 East Broadway and they are proposing to use some parking at the old Idaho Trust -- Idaho Trust site for -- to meet the required parking. The applicant applied for the altemative compliance, because they didn't want to provide the required on-site parking for the subject mixed use project. The planning director denied the altemative compliance request, because in Old Town the altemative to providing the on-site parking is to pay the MDC in lieu fees. Anna was given the direction by the Council and through the resolution that was adopted last year to require all Old Town projects to either provide a combination of providing on site and in lieu fees or just provide all on site. That is the altemative in Old Town. So, her decision was based on that -- those two things. Shared off-site parking was not an option, so she denied the application. The applicant has appealed that decision to the City Council. So, with that I will stand for any questions. Zaremba: Council, any questions? Bird: I have none. Zaremba: All right. Thank you. Is the applicant here? It's your tum. If you will, please, begin by stating your name and your address for the record. Schwider: Hi. My name is Ward Schwider. I'm the applicant, the owner of 130 and 132 projects in downtown Meridian. My address is 1716 North 32nd in Boise. The question here -- the issue here is the fact that we have two sites, 130 and 132, in downtown Meridian. 132 is the old McFadden Market and the Meridian Exchange Bank and it's an existing building that -- I guess I have a picture right here. And we want to rehab this existing -- existing building right here and, then, add on 130, which is a new four story building right next to it. We have all the engineering done and we want to get that under construction. But the in lieu fees -- well, my partner is a co-owner of the property across Meridian City Council July 1, 2008 Page 14 of 34 the street, the Idaho Trust property, which is to the south of us. We hold control of 230 car parking spaces. We wish to park -- this building required parking on that site and such. We would kind of maintain the urban character of Broadway. We would have, you know, the old historic buildings and this new 30 foot wide new building on that street. The goals of the urban development that -- as I see it in Meridian, is that you want to develop a, you know, compact downtown core. You don't want to have a building and, then, a parking lot and, then, a building and, then, a parking lot. And we have the parking. It's across the street to the south against the railroad tracks. We see that that's really our opportunity to put the parking against the railroad and do a parking garage or just share it with the -- with the theater. We have, you know, two uses that are going to be pretty complimentary across the street. And the site that we have, the 130 site, lends itself really well to a retail development, not a parking lot. It's only 30 feet wide. It could hardly park any cars, because you need 44 feet to get an economy of parking spaces. So, I really wish that we could park across the street there and, then, build that site up and make it kind of fit the urban character of downtown. So, that's kind of my hopes on this property. And I'll let my partner speak and he will give you more information about the Union Pacific leasehold and some of those other details. McCarthy: Hi. I'm John McCarthy, 7204 Brentwood Drive in Boise, Idaho. I'm a part owner of the fee simple property that's across the street. As well, I'm a managing member of the LLC that is in control of the Idaho Trust property. They are partners with Idaho Trust of the Union Pacific leasehold. What we have submitted to Planning and Zoning was parking with a shared parking -- provide parking for the 130 building and provide within that leasehold is never taken away for any reason, that within that shared parking agreement was a stipulation that the in lieu fees that were already agreed upon through MDC, would have to be paid. So, in our mind we have that requirement for the parking covered in case the leasehold for any reason -- I know there is questions about how long the leasehold actually is, whether it's -- right now it's one year with an automatic renewal, although there is a clause within the -- the boilerplate lease that gets down to 30 days. And that's up for -- although that lease has been in place -- Idaho Trust has had it for 30 years and nothing's ever happened. But, anyway, back to the -- back to the parking agreement. If that was ever to happen that the owners of 130, 132, and Meridian Exchange Bank building, would have 60 days to pay MDC the in lieu fees. So, that's kind of -- and all we are asking for as owners within Old Town is that we would have the right as everybody else in the City of Meridian to use the altemative compliance procedures in the code, which is 11-3-C-7, to provide an altemative compliance, instead of what the resolution says that you guys -- 07-583. Bird: Mr. President? Zaremba: Councilman Bird. Bird: Mr. McCarthy, I got a couple of questions. Has Union Pacific given whoever is willing to -- has this property or -- whether it's Idaho Trust, whoever has the lease with them for the one year with a 30 day pull out -- written approval of this for parking? Meridian City Council July 1, 2008 Page 15 of 34 McCarthy: Oh, yeah. They understand. I -- Bird: You have got it written. You have got written -- McCarthy: I have not received it yet. I gave them a proposal back in March that I actually wanted a 25 year lease with a 25 year renewal. Bird: But you have not got it back. McCarthy: Not yet. Bird: Okay. So, you're, basically, working under Idaho Trust, which is one year, with a 30 day default. McCarthy: And that's exactly what shared parking -- Bird: And, then, they can pull out. Okay. The in lieu fee is quite heavy. You say that if UP pulls out, you'll have -- you will, then, pay the in lieu. McCarthy: Within the shared parking agreement on -- Bird: Are we going to put this in a trust, so that -- here is what happens. What happens if we get down the road, sign that kind of deal, UP pulls that thing, you got a building up, you have got tenants in there, and the cash flow isn't to where you can pay the in lieu. And it's -- I can't remember what it is. I'll state might up front I never voted for in lieu parking. I think it stinks, but that's my personal opinion. McCarthy: That's the -- Councilman Bird, the -- on that one, because we got lucky because there is so much existing, it's only 120,000 dollars. For example, The Hub that's next door that has the parking attached, if they ever go -- that in lieu fee will be over 500 grand. And within the in lieu fee is that the city has requested the developer to pay that up front, before even zoning compliance, which we think is an undue burden. Now, if something has to be worked up to how that -- those funds are paid, there is a lot of -- there is a lot of city's around the country have them staggered on installments. Then, if UP ever pulled back, which they haven't yet in 30 years, there is some precedent there, then, the funds will be there. Bird: But in the same token, right now that property is under agreement that UP could pull it within 30 days. I mean even though you have applied for the 25 year lease or whatever it is -- McCarthy: I'm not an attomey, but that's how I -- Bird: And I'm not an attomey either. Meridian City Council July 1, 2008 Page 16 of 34 McCarthy: I'd have to defer to Mr. Baird. Bird: But I -- I would feel a lot lot lot more comfortable if you had that 25 year written deal from UP. McCarthy: Well -- Bird: Because UP pretty well can do what UP wants to do. McCarthy: Well, Councilman Bird, it's not even the 25 years in my mind, if we are going to talk about it. It's the -- actually, it's 13-B, which is the 30 day. If that's goes away, to request of them that they adjust .that somehow to where it does not say 30 days, which is making everybody uncomfortable, the one year least with automatic renewal, is good, too. Not good forme to get financing at all, you know, and they have told us that that 25 year probably won't be there. So, there is going to be -- I have been told that it probably will be somewhere in between, from an existing one year least, automatic renewals, to -- not to 25 year. For example, in the past Lumber's had a five year lease. They had a five year lease with automatic renewals. Bird: But they still had the 30 day -- McCarthy: And I would agree with you on -- Bird: And you're trying to get rid of the 30 days. McCarthy: Yes. But that's a secondary issue tied to the appeal. We don't want to just have the right -- you're telling -- if the Council tells me that if that goes away, at least I have the right through the -- that resolution that we changed it that Anna can say, well, okay, you do have an alternative compliance procedure. Right now the people in Old Town do not -- if I had a fee simple -- if that was fee simple property across the street, I couldn't use it for parking. Bird: I agree. McCarthy: That's -- there is two issues. That's one issue. The second one is, granted, the 30 day clause. It's not really the lease term, it's the clause. Borton: Mr. Zaremba, question. Zaremba: Go ahead. Borton: I think it's awesome what you're trying to and you really are boxed in. This is a tough one. And I agree with Councilman Bird. Unfortunately, this -- the circumstances here and -- and we are just fooling ourselves if we don't acknowledge the problem that Councilman Bird suggested could happen if -- I mean it's real and it's -- there is no way -- there is no way out of it short of you trusting the funds. Now, one option could be -- Meridian City Council July 1, 2008 Page 17 of 34 my comfortable level could change, if you can -- they have responded back to you and you have indicated that you think they are going to provide -- you know, one and 25 years. That's a huge improvement issue. I mean to accomplish that would be amazing, because it improves our comfort level and the property across the street would remain as viable parking. I mean I think you have identified an interesting concem with it. Granted, you know, is there another altemative compliance? The intent is the in lieu of fee. It serves a specific purpose. I know Mr. Wardle, with the downtown development corporation is here. He might add comment to that. You know, the concem that Councilman Bird raised is -- I don't know how to get through it, you know. If the property goes away across the street, the ownership of this project has gone, you have tenants in there, who pays the fee, short of it being trusted. So, that's got -- I just throw that out. That's what I'm wrestling with it. McCarthy: Well, then, I would come back -- then, the Council is telling me and all the other owners in Old Town, that 11-3 altemative compliance in your ordinance doesn't exist for us, that we can't come to the Planning Commission and ask for an altemative compliance to provide, even if that was fee simple across the street. I can't do that, because your resolution says it's on-site parking or in lieu fees. So, that means all those homeowners in the Old Town district do not have the right to use 11-3-C-7. It doesn't exist. You guys wiped it off. That's all we are asking for. There is two points. Give us the right to use that ordinance, then, should -- then, we can address the other problem. It's two stages.. I understand there is a problem with the 30 day lease, but give us the right to provide some altemative compliance as well. Borton: Mr. Vice-President. And I agree that is probably another way to look at it, but the difference is what you have is you don't own this ground. This isn't a property owner who has got, you know, sole and specific control over an adjacent parcel and want to use that parcel and maybe we need to craft some solutions for those situations. I think you're right. I wish this were that case and if there wasn't a structure to try to allow that, maybe we can look into doing it. But we don't have that here. And I wish we did. You're close. You might get -- you know, a longer leasehold will get you closer. It's not fee simple. It's not the best. But, you know, 25 years is phenomenal. With what you have right now -- and maybe this gets tabled and let you continue to work through UP and -- and let you try and resolve that, but if that -- I don't disagree with you. I understand the problem. At least just talking to myself. But under these circumstances I don't know how you clear that hurdle today. McCarthy: I guess procedurally, then, if -- 130 would have to come back through again with a CZC application if the lease term -- lease terms were different and go through the whole procedure again, because that's what this is about, the 130 building. We are set -- Ward has designed it -- we are going to move ahead with the bank and the market and there will be a parking lot for 130. There will not be a building there, because we -- because we are restoring that bank and that market, we have enough parking for the condos and it's ready to go ahead. That CZC has been approved and we are ready to go to permit, so, then, the city is going to look at a parking lot, a 30 foot wide strip sitting in there until this issue can be solved. Not only the altemative compliance issue, but Meridian City Council July 1, 2008 Page 18 of 34 also the Union Pacific issue. So, if tabling this is the best thing to do, then, I'm sure we will be agreeable with that. Zaremba: I think you said this, but tell me again -- on the Idaho Trust property or lease hold or whatever it is, you had notified Union Pacific that non-Idaho Trust people will be parking there and they have not responded yet or that's okay with them? McCarthy: I sent them a proposal in March, what we intended to do with the property. The existing building is here. They would have the majority of the parking and use the rest of it for public or private parking and I'm waiting for that response. It's gone up and down the chain of command at UP I guess a lot of times. Zaremba: I know other people that have tried to deal with them and it's not easy. McCarthy: Yeah. They said it's coming. I don't know -- I don't know when. It could be -- it could be tomorrow, it could be two weeks from now. Borton: Mr. Vice-President? Zaremba: Councilman Borton. Borton: Mr. McCarthy, Idon't -- I don't know if I gave you the chance to -- or I might have skipped it if you said it -- to answer the question that Councilman Bird brought up with. There is a unique fact situation which makes this one problematic, you know, unless you can help us craft some solution that addresses it, other than, you know, just take a risk and try it. And one of the examples was -- was trust in the -- in the -- I don't know whether it was a letter of credit of whatnot, the in lieu of fees, I mean if that's an option, that changes things. At least it helps answer the unanswered question. So, I don't know if I gave you a chance to answer that. I'd love to have you try and help there. McCarthy: Well, I have some problems with -- I guess that's another discussion for another day with MDC, I guess, on the in lieu fees. Borton: Okay. McCarthy: If I'm providing parking on a piece of property that I either have a fee simple ownership of or a leasehold interest in, I don't think I should not have to be paying in lieu fees, if I'm providing the parking for it. Almost exactly like The Hub that was approved -- The Hub -- they have a parking lot next door. They are not paying in lieu fees. They will if that parking lot ever goes away, but right now, since that lot is contiguous to his development, he's not paying in lieu fees. Now, whether fee simple or a leasehold interest, it's an interest and I have the same right as any other development. I think if the leasehold was different -- if the 30 day -- let's say the 30 day clause goes away, I Meridian City Council July 1, 2008 Page 19 of 34 have the same rights, leasehold right, or same rights to parking as The Hub does, though he's fee simple and mine's leasehold. Zaremba: One of the things we consistently struggle with is how to administer things that tum out to be out the odds ducks. It's nice if everything followed the ordinance and could be smooth like that, but maybe I need some help either from Mr. Baird or Mr. Hood. If we were to go saying that you could use this altemative for now, but you had to have a clause that if this altemative went away, then, you owed the in lieu, what mechanism would there be to administer or trigger that or for anybody to know that that was in there six and a half years from now or ten years from now? Baird: Mr. Vice-President, Members of the Council, I have had a conversation with the planning department about this. I have reviewed a proposed shared parking agreement and that's the big question with the planning department and with the legal department is how do you track it, how do you catch it, how do you enforce it when it's clearly going to provide a hardship after the building has been penciled out and pro formed without including these fees and, then, you have got tenants and it's a huge additional expense. It has to be provided up front and I think Councilmember Bird proposed the only reasonable solution is to trust it or some other letter of credit that could be extended. And while I have the floor, I wanted to clear up a legal matter regarding Resolution 07- 583. That resolution I have in front of me, it merely provides direction to the planning director regarding granting of altemative compliance. It directs her to only use those two alternatives of on site or in lieu fee. The appeal right exists as you have it before you tonight. It's within your power to provide those altemative compliance with the facts that are in front of you. So, nobody's rights to altemative compliance has been taken away, it's just elevated to you as a decision maker in cases like this. So, I just -- I wanted to take that legal issue and give you our -- how we view it. Zaremba: Thank you. Baird: If anyone wants to look at the resolution, I have a copy of it here. Zaremba: Any other questions for the applicant? Bird: I would and I'd like to hear some other public testimony. Zaremba: Thank you. This is a public hearing and welcome anybody else that would like to -- I have a sign-up sheet. Claire Bowman would be next. Bowman: Good evening, Members of the Council. I'm Claire Bowman. I live at 4400 West Legacy Lane, Meridian. I am one of the two managing partners, along with John McCarthy, for the Meridian Historic Old Town, LLC, which is a partnership among Idaho Trust, John McCarthy's company Ironac, and, mine Avalon Ventures. I have several points to make. I'd like to make them from a larger perspective than focusing in on these two pieces of ground for the moment. We all recognize that parking is critically short in downtown. When I was the administrator for the urban renewal agency, solving • Meridian City Council July 1, 2008 Page 20 of 34 ~J that parking issue was the number one to do item on my list for the entire two years -- two and a half years I worked in that role. The day on which Councilman Borton made the motion to adopt the in lieu of fees, presentation and the entire discussion was that this was to be offered as an additional altemative for downtown development, not as exclusive altemative. I believe if you read the preamble to that -- to that resolution, you will find that it says that in the preamble. Your resolution is contradictory. What that resolution accomplishes, whether it's -- whether it's rights taken away or not, it restricts the opportunities of -- if it's enforced or if it's applied, as you gave your guidance to the planning director, it operates as if it eliminates some of the other alternatives that a developer out on the comer of Fairview and Eagle has the option, if he wants to put parking passed down let's say Fairview, passed someone else's property, that would be an altemative compliance where he is able to do that. Or at least he would have the option of convincing Anna that it is right to do that. We want the same option. We want the option of trying to convince her that we can solve these legal issues that we are talking about here. Right now her denial is not on the merits of the issue, it's on the legalities related to that resolution. Our request is that you remand this to the planning director for rehearing or reassessment without the limitations that in lieu fees are the only altemative compliance. Let me go a bit further. The ground that Idaho Trust is on is zoned Old Town. There will not be anymore industrial uses on that property now that Idaho Trust has moved out. If they were to abandon their lease, they would be required, within a certain period of time, to take down all the buildings on it and leave the ground as it was 30 plus year ago. They currently carry the value of those buildings as a major piece of their asset portfolio. So, they cannot afford not to pay the lease right now. They are in a difficult situation. They lose a significant portion of their asset base and they have to pay to get rid of it if they don't follow through on that lease. The 30 day clause, as I understand it -- Counsel Baird can correct me if I'm wrong, but that 30 day clause is only triggered in the event that the railroad wants to reclaim the property for railroad uses. Romans have had the Frontier Tire since the early 1950s. Lumberman's 1960. Lumberman's have had theirs for 40 plus years in the earlier manifestations as well, at least some portions of that. The railroad has not opted to take that action to require that to be done. Our work with Union Pacific -- John was much more silent about the options than I would choose to be and that is why we have had a number of ongoing discussions with the folks from the regional office of UP. Two weeks ago we were promised a letter that would state the -- their willingness to negotiation or willingness to reset some terms. Last week we were promised it again. And last Friday we were promised it this week. The fact that they are willing to make those promises now and put a very short trigger on it, tells us that we are close to the break through point on that. Clearly, if we had a 50 year lease on this property, the Council should not have an issue with any shared parking arrangement on there. We have a one year lease. That's a problem. I understand that. We think it's a problem. It's a problem for financing. But yesterday morning we had a banker tell us that within -- with a five year one time renewable lease, he thought we could get bank financing on the theater complex to redo that. We could certainly get private financing with those terms. We are that close. But we need to have our proposals heard on the merits of the proposal, rather than on the denial of the option to use shared parking. That's enough. I think I have gone over my time and I apologize. Meridian City Council July 1, 2008 Page 21 of 34 Zaremba: Council, any questions? Borton: No. Bird: I have no questions. Zaremba: Thank you. Also signed up, Dolores Lisby. From the audience she says she's been covered. All right. Thank you. This is a public hearing. Anybody else care to testify? If I may put the executive director of the MDC on the spot, would you comment, please. Wardle: Thank you, Mr. Vice-Chairman. Shawn Wardle with Meridian Development Corporation, 2239 East Greiner Street in Meridian.. At your request I'll provide just a little bit of additional information. I want to clear up a couple of items and the first of which is the applicant stated, they currently have the ability to move forward with their project without providing parking on site by paying an in lieu fee to the Meridian Development Corporation. So, that is currently their option. The planning director has made the determination that that is their only option and so that's the issue, really, before this body. I can tell you that both from the Development Corporation standpoint and the planning director's standpoint, it will help to have that clear decision on that specific issue. As you know, the current in lieu fee is 10,000 dollars per parking space and we process that at the level. I can tell you that 130 and 132 East Broadway have asked for a variance. There is a specific requirement in our in lieu fee policy that no one property owner can ask for more than 50 percent of their parking to be waived with the fee. We have processed that application and they have the proper procedures in place to be able to pay the in lieu fee as of today. So, the specific issue at question, I think, which both the Development Corporation and staff would like to know is are the other alternative compliance avenues available to property owners within the downtown core. And, then, a separate issue, which Idon't -- that Claire and John have both really delineated is -- is a leasehold interest on this specific property available for that alternative compliance and I think that's a direction that the planning department is -- would consider if direction were given that were alternative compliance measures available. I would like to clear up just one additional item and that is reference to a project across the street at 2nd and Broadway known as The Hub project is -- provides all required parking spaces on site as part of the development, so that the issue of in lieu is not necessarily applicable to phase one of the proposed project. They have proposed spaces and, in addition, some others that MDC is considering for public parking. With thaf I'd stand for any questions. Zaremba: Thank you. Would you state a preference as to whether you and Meridian Development Corp would prefer to see the property 130 be a parking lot or another new building. Wardle: I can tell you that given the downtown design guidelines, the streetscape standards, that we would prefer to see all properties fronting the public right of way as Meridian City Council July 1, 2008 Page 22 of 34 dense as possible and providing opportunities for live, work, and play. The one thing that we are going through currently that I can tell you is the downtown design guidelines do not call for parking to be adjacent to the sidewalk. In fact, we are processing some conditional use permits, because the preference is actually to have that parking either behind the building or in some other location. And so our preference at the Development Corporation would be to see a viable building full of tenants, people doing business, living, and participating in downtown. Was that clear enough? Zaremba: With parking behind it. Wardle: The downtown -- I didn't give you a preference on parking. The downtown design guidelines call for if there is any parking for it to be behind. Zaremba: So, they couldn't do that on 130, though. If they need 130 to be the parking for 132, it sounded like that whole piece of property would be a parking lot. There wouldn't be a building on the front of it and parking at the back. Wardle: I don't know that -- Zaremba: I'll call you back up in a minute, but -- okay. Wardle: I guess your question is we would prefer to have buildings -- Zaremba: Have a building. Wardle: -- have a building with businesses operating or people living there, as opposed to surface parking lots. The ultimate goal is to have density and, then, at some point to have some elevated or additional parking available. Zaremba: That does answer my question. Wardle: Okay. Zaremba: Thank you. Councilman Borton. Borton: Thank you, Mr. Vice-President. I think I missed the focus of the question and the request. For me it is very clear that the in lieu fee is specifically an additional opportunity. It is not in -- to replace other -- I think Claire mentioned it. He's right on the money. That was the intent and I remember MDC there was a discussion that really all this is is an additional tool. You don't have to use it, but it's just something else. Really, there is no harm to development, it just provides another way to try to satisfy the parking requirements. So, to the extent that's the question and that's vague -- and I think it might be when I read that, that there is one provision in the resolution which I could understand why the planning department -- yeah, I think you're referencing number three -- could see it being, you know, on street or in lieu, as either/or. I don't think that Meridian City Council July 1, 2008 Page 23 of 34 was the intent. That's at least my recollection and I think that's why the preamble makes reference to the desire to create an additional opportunity to address parking. Zaremba: And Mr. Baird appears to have a comment. Baird: Thank you, Mr. Vice-President and Members of the Council, Councilmember Borton. Like I mentioned, this is merely a resolution. It doesn't have the force of ordinance. It doesn't overrule your in lieu -- or your altemative compliance provisions of your ordinance, it merely gives direction to the planning director that at her level, either these of two choices. If the applicant doesn't like those choices, the appeal is here in front of you to make a choice to either remand it with specific instructions or to fashion altemative compliance right here from the digs. That's the way I see it. Borton: Mr. Vice-President. Is going forward -- I would either -- does the resolution get amended or if that needs to be clarified, I can see how the staff wouldn't have the right direction to address that, but if our goal is to make sure that developers know that the in lieu of fee is truly an additional opportunity and not as this or that -- I mean what would be the mechanism if we went that way to clarify that? Hood: Mr. Vice-President, if I may hopefully answer Councilman Gorton's question. With it being just the direction, I think it's going to be very hard for the director -- if I'm looking at this as an altemative compliance to approve anything, knowing that there is another altemative being the in lieu fee. So, even if the resolution is amended to not say in black and white either provide it on site or you pay the in lieu, it's going to be really hard to convince us that whatever you're proposing is better than an in lieu fee. If it's not on site, what's better than on site? Nothing. But an in lieu fee, in my mind, would be the next best choice probably pretty much in every instance. So, you're going to be seeing these anyways on appeal, even if you change the resolution, in my mind. It's going to be -- again, it's just going to be difficult for us to approve any other type of altemative. I can't envision an altemative that's going to be better than on site or in lieu. That's just my opinion. So, maybe there is something, but -- Borton: Mr. Vice-President? Zaremba: Councilman Borton. Borton: I guess to answer the second part of the question, which might answer that, if the in lieu of fee is an additional opportunity and it gets remanded with a gray area back to staff to try to determine, you know -- if it's not in lieu of, what the heck is it? If there is going to be any bright line rules, you know, a 30 day lease doesn't get there and that's, you know, where we are today, maybe that gets fixed and that would be great and maybe it's a year or five years, you know, if this were a fee simple developer across the street, we might be having a totally different discussion. There might be an opportunity for an altemative compliance using property across the street. A 25 year lease gets you pretty close. A 30 day doesn't get you there. So, I'm just thinking out loud telling you my perspective. If it got remanded, the planning department understood that altemative Meridian City Council July 1, 2008 Page 24 of 34 or in lieu of fee isn't the only other option. What they have now doesn't -- doesn't satisfy my interest and my concerns and the concerns that Councilman Bird raised. Zaremba: I would guess -- and maybe this is a question for Mr. Wardle -- that at some point alternative compliance would run out as an option. I mean there is only so many parking spaces that somebody can get across the street or down the street to be alternative and the 10th or 12th developer is going to run into a brick wall on that and either have to have it on site or pay the in lieu of, but -- am I thinking of that correctly? Wardle: Mr. Vice-President, I think to address your question -- the one thing that I would say is the in lieu of fee, when it was adopted by the Meridian Development Corporation, was -- was looked at as a tool for developers that were specifically landlocked at their property, but wanted to build denser projects, which is a goal for the Development Corporation within the downtown core is to have additional densities in downtown. And so the fee would allow them, rather than to go out and acquire additional sites or take some portion of their property as has been proposed here and create a parking space that they could, then, pay that fee. And the Development Corporation would, at some point in time, provide additional spaces. Now, the one thing about the in lieu of fee is it doesn't necessarily mean that those spaces are provided to that specific development. I mean it doesn't mean that those spaces are provided instantaneously, that the fee does not get the developer a parking space right away. So, it's more of an overall picture. And that's really what it was designed for, it was those people who either, one, chose to go with a denser project or for those that were in a difficult situation and could not provide additional parking, that's what the fee was really designed for. Did I answer your question? Zaremba: Uh-huh. Hood: And, Mr. Vice-President, just to maybe follow up on that point, Ithink -- there is a limited supply of parking downtown and that's why, again, probably at this point, anyways, the Council should be the decision making body, because I don't know what other direction you could give the planning department to say in this case do that, in that case do this. I don't know what it is. So, it really does need to be appealed, we will do the best we can at our level, but if they are not happy with either providing it on site or -- they can come and they can explain to you why it makes more sense to do whatever they are doing and you can look at it on a case-by-case basis. And I think that's why the system .isn't broke the way it's set up now. They are having their day to explain something better and if you say, you know what, that money is not better spent. Across the street would be great if you own the property in this case or whatever, you know, other cases may be. Again, if they are three blocks away, do we approve them for parking? And, then, we have to track that we approved six spaces over there and four spaces over hear and ten over there -- I mean it could be a nightmare. So, I just don't know how you -- if you can give us that direction, that's great, but I don't know how you craft language like that. Meridian City Council July 1, 2008 Page 25 of 34 Zaremba: Thank you. Before the applicant returns, any other testimony from anybody? Sir, come ahead. You need to be on the microphone. And if you would, start with your name and address. Nielson: I'm sorry. My name is Roger Nielson and I live at 5377 EI Gato out here in Meridian. I happen to be the property owner just north of 132 on the alley way adjacent to the 127 Club and Meridian Electronics. I have run a machine shop in there for 20 years. And I personally have been blindsided by this in lieu of fee. It's getting to the point where I'm taking medical retirement and I'm trying to get an equity out of my business. Okay. This whole downtown development project has almost devoided my 20 years of work. I am totally landlocked where I'm at. Okay. So, alternative parking is an absolute necessity. There is only 4,000 square feet on the portion of lot that I own. There is no way to provide -- other than the couple of spots that we have in the driveway now for overhead door access -- those are the only two spots that are available and if it was to turn to retail you couldn't have cars parked that close to the front door of retail. And so the idea of totally eliminating the ability to have alternative ideas, other than doubling the price of construction, you know, by this in lieu of fee, okay, is extremely damaging to the guys that have been down here working -- you know, the Murray brothers have owned their building for a couple of generations. Kenny Thompson across the street, him and his dad have owned that building for a couple generations. Kenny's in a little bit worse shape than I am. You know, he gave up his parking space with some promises and -- and he's been left hanging. Now, he's on a small little island and the value of his place, according to this project that's going on down here that we are all trying to bring up to speed in our own minds, has left us in a terrible shape and has taken huge amounts of equity out of our pocket that we have worked for years to try to attain. And so I don't have any solutions, other than for those of us who don't have the opportunity to lease something across the street or anything and we are isolated in our own little patch, we are stuck, we are landlocked, and whatever alternative you come up with, would be really nice if -- I mean landowners like us and business owners like us would be taken into consideration. Okay. Any questions? I don't have any solution for you, but -- Zaremba: Thank you. Anybody else care to testify? All right. We will have the applicant come back up again and -- talk into the microphone and state your name again, please. Schwider: Ward Schwider again. I'm the owner of 132 and 130. I have before you a diagram of what our plan is. Okay. Here we go. Here is -- our game plan right now is the parking is really right off of the alley right here for the condos above and right now the building, the 130 that's there, we are going to demolish it and just make it into just a patio space right now, so we don't really have a building, but that's what we want is four stories of vertical integrated, you know, condos and people living down here. What we have right now is just a dumpster and a driveway. That's all it is right now. And so what we are asking for is that the 3-C-7 -- I mean it's already in the code, that we can use the off-site parking that's already in the code. ~ ! Meridian City Council July 1, 2008 Page 26 of 34 McCarthy: This is zoning compliance -- Zaremba: Speak into the microphone, please. McCarthy: This is the --this is the zoning compliance. There was two of them that went with these two properties. The one that was tonight, which was zoning compliance for 130. The zoning compliance for these two pieces of property has been approved. This plan is already going on it, so that's the way it is until I guess your action, I don't know what the procedure is after that. Zaremba: Just a question if I may while you're here. And the last speaker kind of helped me think of this. I see an opportunity for a lot more parking on the Idaho Trust property. Is there any thought that you might make it available to your neighbors for a small fee or are you able to do that or does that confuse Union Pacific too much? McCarthy: No. That's the intent of the shared parking agreement. That's goes to -- Zaremba: Yeah. But you have presented it for your own building, but there is other buildings within walking distance of that property, like the fellow that just testified and -- McCarthy: Yeah. 11-3-C-7 say anywhere alternative compliance and parking within a thousand feet, so -- and our long-term plan, given the lease term of UP, is to put parking structures against the railroad tracks, so -- public and private parking. Zaremba: Thank you. Holman: Just a moment. I'm sorry. Excuse me. Vice-President, could we get acopy -- since that plan was discussed on the record, what you're showing, we are going to need a copy of that or if we can have that one for the record. Zaremba: Everything that's presented to Council we have to keep. Holman: Yeah. Thank you. Zaremba: If you show it to us we keep it, so -- Councilman Bird. Bird: I don't care which one answers it, but I'm in favor of your project. Your parking across the street scares me. You know, it might go along for two or three years and, then, UP gets something else. I could -- I could be fairly comfortable if you come back in with this 30 day eviction notice gone from your lease and stuff like that. As it sits right now, we -- we really don't have any guarantee down there. I'm probably the most lenient person in town as far as parking, because I realize that a lot of these old buildings and locations -- these small lots, 30 foot by 120 foot, was -- was a Meridian downtown lot. Not going to get much parking on there. We want to jump start downtown Meridian. In the same taken, the in lieu fee probably puts the cost of construction to the point that it's not feasible to do, but I was voted down at both Meridian City Council • July 1, 2008 Page 27 of 34 locations and so that's what we got. That's the law. Majority rules. So, if you could come back with a guarantee from UP with that 30 day eviction notice gone, I could certainly take a hard look at it. Borton: Mr. Vice-President? Zaremba: Councilman Borton. Borton: To dove tail on that, if you came back with a letter of credit for the in lieu of fee, I -- you could have a 30 day. I mean -- Bird: I agree with that, too. Borton: Getting it from UP is pretty tough. I mean I -- I support the project and would love it to go forward, but, you know, where we are sitting right now, you know, I'm still stuck. And, again, I don't think in lieu of fee is the only alternative and it might be a situation that these get appealed continually on a case by case and come back to us. So, it clarifies that, at least it's an additional level. It's not required, but if there is a way to trust that, I think that's great. That might be a heck of a lot easier, unfortunately, than getting anything out of UP would. That would be my preference. Zaremba: If we were to put this off again, continue it for a week or three weeks would be the choices. Our meeting two weeks from now is a workshop where we wouldn't have a public hearing, but -- McCarthy: Considering -- considering I have been talking to Union Pacific for almost two years now, I think three weeks would be -- Zaremba: I didn't hear that. I'm sorry. McCarthy: Considering I have been talking to Union Pacific for two years almost, I would go for three weeks, instead of a week. Please. Bird: They don't get excited. Borton: Mr. Vice-President? Zaremba: Councilman Borton. Borton: Continuing it to try and get some of these things worked out, if that's three weeks -- if that's the request. McCarthy: That's fine. Zaremba: It would be July 22nd. Meridian City Council • July 1, 2008 Page 28 of 34 Borton: July 22nd. I guess from my perspective I -- if the -- there is two ways to try and resolve it is a long term lease with UP, which even a year might not be long enough for me to feel comfortable, quite frankly. I think Claire mentioned maybe five, which might allow financing to make this whole place blow up well, which would be great. So, just to let you know up front, the longer the better. A year is pretty short, because it still is up to what Councilman Bird said. On the other hand, if there is that trust, if there is that letter of credit for in lieu of fees, then, a year is perfect. Thirty days, quite frankly. Because, really, what you -have done is you have secured the altemative compliance and you're good to go by me. So, just to give you a heads up of where I'd love to see it go is that letter of credit or a trust. Zaremba: Just to chime in, that would certainly work forme. Bird: Me, too. Zaremba: Do we wish to have another comment from Mr. Wardle? Wardle: Thank you, Mr. Vice-Chairman -- or Vice-President. Shaun Wardle, Meridian Development Corporation. I think in terms of -- and not speaking for planning staff, but I believe the applicant's appeal was on a specific issue in terms of is this the only altemative compliance and so to the extent that I understand the other issue with the property and whether this is a proper altemative compliance, I believe the planning director's determination was made simply because it was not in lieu of fee and so if you can give at least some direction in this public setting -- I believe I heard Mr. Borton say that it was only designed to be a tool in addition to certain things in the altemative compliance code. If -- I think it would help planning staff, as well as the Development Corporation, to understand that -- that the rest of the alternatives are opened up and I believe that gets the applicant to where they need to be to work with planning staff, if I'm getting a head nod, if you're so inclined. Rather than continue this entire item for three weeks. Does that make sense? Borton: Mr. Vice-President? Zaremba: Councilman Borton. Borton: It does procedurally. What we wouldn't want to do, I don't think, is -- is make a determination here that says -- that grants the appeal and says in lieu of fees are not the only means of altemative compliance. Off-site parking can be. Remand it back to staff and staff says we don't know what the heck that means, because Council didn't give us any guidance, so you're denied, then, they appeal, and they come back to us and say here is what we did -- so, in lieu of trying to go back and have it punt back up to us, procedurally we can just continue it -- I mean I see what you're saying, but to get us there and not have them have to go meet and set up staff to have meetings to go I don't know what Council wants, should be a fair response. Zaremba: My sense is that we are not answering that question tonight. • • Meridian City Council July 1, 2008 Page 29 of 34 Wardle: Okay. Thank you. Zaremba: Guidance is suspended for two weeks -- three weeks. Bird: Mr. Vice-President? Zaremba: Councilman Bird. Bird: If the applicant don't need the last deal, I'll -- Zaremba: You do have the opportunity to have the last word always. Enough's been said. Bird: I would move that we continue this public hearing to July 22nd, 2008. Borton: Second. Zaremba: We have a motion and a second. All in favor say aye. Any opposed? That was unanimous. Motion carves. MOTION CARRIED: THREE AYES. ONE ABSENT. Zaremba: Thank you very much. Hopefully, we will have new information three weeks from now. That -- gentlemen, that was the last item on our agenda for tonight. Is there another one? Bird: Mr. Vice-President, before we adjourn, we need to -- Zaremba: Oh, yes. Bird: We need to discuss August 5th, I believe it is. Am I not right? Borton: August 5th. Bird: National Night Out. Zaremba: Oh, yes. Okay. Bird: Which traditionally we have not had any Council meetings. We do have agrant -- the block grant that we continued until then. I understand that we could continue that to the 12th and still be okay, as long as we don't have any problems, because it has to be turned in by the 15th. That's the reason we had set it as the 5th. So, city clerk, Jaycee, came up with the idea of either continuing it there or coming in a little bit early for 15, 20 minutes and taking care of that one business on the 5th. National Night Out does start i ~ Meridian City Council July 1, 2008 Page 30 of 34 in Boise this year. So, we would have to come, probably at 4:00, hit that, and, then, be in Boise. It's your pleasure if -- Zaremba: We did something similar to that -- Bird: -- the city clerk would like to jump in on this, I'd appreciate it. Zaremba: We didn't quit that early, but we did something similar to that -- Bird: Yeah. Because we started in Boise. Yeah. Zaremba: -- and, then, disseminated. Madam Clerk. Holman: Vice-President, Council Members, my question -- so we would just convene for a few minutes that night to continue it to the 12th or to hear it on the 5th? Bird: That would be if we have no problems, (thought -- Holman: Okay. Bird: --that we would probably just pass it and get it out of the way. Holman: Okay. Bird: It's a public hearing and we have to keep it open to that point. Holman: Okay. So, then, I would need some guidance as to what time -- if we were going to do that, what time, so we can do a special notice to meet at a different time. Bird: And you know -- Zaremba: I like the idea of not putting it all the way off to the 12th. I think that's too close to the 15th. Bird: That's what I'm scared of, if some glitch of something comes up, we lose this for this year because we can't get it in on time. Zaremba: If we needed to meet at 4:00 o'clock or if we need to meet that early, I'm sure we can do it. Bird: Mr. Baird has a -- Baird: Yeah. I'm genuflecting over here. Thank you. Mr. Vice-President. I saw an e- mail on this today. I didn't know that a direction had been determined or recommended by the legal office. I have a concern that it's been continued on the record to a -- not only a date certain, but a time certain and if you convene early -- I want to make sure Meridian City Council ~ • July 1, 2008 Page 31 of 34 before we do that that we are still within the federal requirement. So, I'd urge you not to make a decision tonight, you don't have to make a decision tonight. The issue's on the table. Let's look into what the alternatives are and, then, maybe act on that next week or the week after. Borton: Good idea. Baird: Does that sound fair? Zaremba: For guidance, I would lean towards trying to keep it on the 5th if we can, so that would be appreciated. Bird: I don't believe we have anything else. Zaremba: We also need to talk about the budget -- the enterprise budget. Bird: Enterprise. Zaremba: You're not available on the 8th; is that correct? Borton: Well, we have the 9th -- Zaremba: Okay. You're on the 9th for the regular budget discussion. Borton: Right. Zaremba: But we couldn't do -- so, the suggestion was made either doing it in the evening and for me that would have to be either Monday or Thursday. Bird: Oh. I told Jaycee that -- set the date, I'd make myself available for it. I'm fortunate, I don't have to work, so -- Borton: The 14 and 15th, I'm really -- Holman: If I can interject for a moment. We did -- I came up with a time on Tuesday, the 8th, from 1:00 to 5:00 that everyone can make it to, except for Councilman Borton. This was just if there -- if Councilman Borton had some available time in the evening before the 9th, we could set an evening date, because Tom Barry said he's doing a five year history on all of this and where -- the direction it's headed, he really, really wanted everybody to see it and listen to it. I have made the offer to Councilman Borton that if he's not able to be there, we will bum the audio to a disk, he can listen to it and follow up with Tom later, but -- Bird: Mr. Vice-President. Zaremba: Councilman Bird. Meridian City Council July 1, 2008 Page 32 of 34 Bird: Being there for the budget, I think we need -- all should be there. So, we need to work with what Mr. Borton can -- Joe, are you available the -- Monday, then, in the evening? Borton: The 14th and 15th -- I know the deadline's coming up. Is the 14th too late? Holman: Vice-President Zaremba, Council Members, what I had gotten from accounting is they are saying -- they want everything by the 9th, so they can have everything done by August 5th, which is our published public hearing day for the budget. They really don't want to go beyond that, because they don't want to push themselves. So, they were hoping for Public Works to be before the 9th. And that's -- I can't speak for them, but that was just what I -- when I discussed it with them today what I got out of the conversation. Borton: Mr. Vice-President, I mean that's -- it's atough -- that's -- now it's an additional -- I don't know when we were -- well, I guess it's three days after the 9th. Zaremba: It was supposed to be yesterday. Borton: Right. I guess it was the original intent that that be done, they would be working on the Public Works part, finance would, while they are getting ready for -- to do the big one on the 9th. Bird: Mr. Vice-President. I think, Jaycee, let's go back and see about the 14th. If Joe's available on the 14th -- we are not pushing them that far back and they are a good crew, they'll get it ready. They will get it ready. Holman: Okay. I can do that. Zaremba: I'm pretty sure I should be available on the 14th. I'd have to double check, but I don't think of anything why I'm not. Borton: Or the 15th. Holman: Do we have any indication -- Bird: The 15th is our regular meeting. It's our workshop. That -- over in Caldwell the 14th -- Zaremba: Yeah. The 14th is -- Bird: That's just a couple hours in the morning. We could still hit the afternoon. Zaremba: Yeah. They did want us to come back for the evening open house at 4:00 o'clock, but we could skip that, the evening. • Meridian City Council July 1, 2008 Page 33 of 34 Bird: Well, we -- yeah. We don't need to go back. I think this budget -- if we can get -- if we can convince finance that we are not twisting their arm too bad to go back to the 14th, I think we should try. We want to make it so that everybody is comfortable with it. Staff. Council. Mayor. Everybody. Holman: Okay. And this will be contingent upon Councilman Rountree also and the Mayor's schedule, because I don't know what she has on her schedule for the 14th or 15th. Bird: I do know both of them have that morning. It's 9:00 o'clock to 11:00, isn't it? For the public officials? Over in Caldwell. Zaremba: It may be one hour or two hours. Bird: It's that transportation -- ITD deal. Zaremba: Governor Otter's transportation funding meeting. Borton: So, that aftemoon? Bird: I would be -- I'll make myself available. Zaremba: Yeah. Holman: Okay. The aftemoon of the 14th. I'll check with the Mayor and Councilman Rountree and I'll get back to everybody by tomorrow. Zaremba: And shall we say the 15th as a fall back. Bird: Yeah. I'd have no problem coming in early on the 15th. Zaremba: Okay. Holman: Okay. Bird: But now you have got to go convince Stacy. Zaremba: All right. Thank you. That's another consensus. So, final motion. Bird: Mr. Vice-President, I move we adjourn. Borton: Second. Zaremba: We have a motion and a second. All in favor say aye. Any oppose? Motion carries. Meridian City Council July 1, 2008 Page 34 of 34 MOTION CARRIED: THREE AYES. ONE ABSENT. Zaremba: We are adjourned at 8:42. MEETING ADJOURNED AT 8:42 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ~~ i22ioF~ MAYOR TAM De WEERD DATE APPROVED ATTEST: /~~ ~,„ ,,,,,{~1~,, JAYCE L. HOLMAN, C~J. ~ ~~,;'~~,,~ ~~0 S~A~ s '9 ~ ,~ ~~ ~T13Z~ `~`: ~~ LINTY '//y,'//''fit I ry t- H t 1 t{N{~~````~'```` ~ ~ June 27, 2008 RZ 08-001 MERIDIAN CITY COUNCIL MEETING JUIy 1, 2008 APPLICANT Elisha Ricky ITEM NO. REQUEST Findings for Approval -- Request for a Rezone 0.32 acres from R-4 to O-T zone for Trinity Assisted Living -- 1353 West 1st Street AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Findings CITY ATTORNEY CITY POLICE DEPT: ~~ CITY FIRE 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: CITY BUILDING DEPT: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ~J CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~E ID$ IAN=- ~J In the Matter of rezoning 0.32 acres from R-4 (Low Density Residential) to O-T (Old Town) zoning district; and conditional use permit to operate a 24 hour Nursing Care Facility in a proposed O-T zoning district with conditional use permit approval to construct a 2,100 square foot addition to the existing residence that does not meet all of the criteria listed in the Downtown Meridian Design Guidelines for Trinity Assisted Living, by Elisha Ricky Case No(s). RZ-08-001 and CUP-08-005 For the City Council Hearing Date of: June 17, 2008 (Findings on the July 1, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 17, 2008 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 17, 2008 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 17, 2008 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 17, 2008 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-08-001 and CUP-08-005 -1- 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description and the Conditions of Approval all in the attached Staff Report for the hearing date of June 17, 2008 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The Applicant's Rezone request, as evidenced by having submitted the legal description and exhibit map, stamped and dated March 6, 2008, by Walter L. Neitz, PLS, is hereby conditionally approved; 2. The applicant's Site/Landscape Plan as evidenced by having submitted the Site/Landscape Plan dated December 6, 2007 is hereby conditionally approved; 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of June 17, 2008 incorporated by reference. D. Notice of Applicable Time Limits Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-08-001 and CUP-08-005 -2- event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission maybe granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of June 17, 2008 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-08-001 and CUP-08-005 -3- # ~ By act' n o the City Council at its regular meeting held on the /`s~ day of 2008. COUNCIL MEMBER DAVID ZAREMBA VOTED_ ~~~ COUNCIL MEMBER JOE BORTON VOTED_ i~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED L~(.~- MAYOR TANIlVIY de WEERD VOTED (TIE BREAKER) `,,,,,,,,,~~~yp ~T de Weerd .~ C~ '~~ Attest: .~~~'t • 'ti ~~ ~ ~. .~ , ~. = AL Jaycee H an, City Clerk=_ 7 ~` ~! y~,,~ Copy served upon Applicant,,'T1'f~~~~~a°x~'g~I~~rtment, Public Works Department and City rrrrrnr rr~~~ Attorney. By' Dated: ~-~ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-08-001 and CUP-OS-005 -4- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008 STAFF REPORT Hearing Date: June 17, 2008 TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner (208) 884-5533 SUBJECT: Trinity Assisted Living • RZ-08-001 E IDIAhT~.--- e !~ Rezone 0.32 acres from R-4 (low Density Residential) to O-T (Old Town) zoning district, by Elisha Ricky • CUP-08-005 Conditional Use Permit to operate a 24 hour Nursing Care Facility in a proposed O-T zoning district and conditional use approval to construct a 2,100 square foot addition to the existing residence that does not meet all of the criteria listed in the Downtown Meridian Design Guidelines, by Elisha Ricky. 1. SiJ1VIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Elisha Ricky, is requesting a Rezone (RZ) of 0.32 acres from R-4 (Low-Density Residential) to O-T (Old Town) zoning district. Concurrently, the applicant is also requesting Conditional Use Permit (CUP) approval for two UDC requirements: 1) to operate a 24 hour nursing care facility and 2) construct a new 2,100 square foot addition to the existing residence that does not meet the Downtown Meridian Design Guidelines. Per UDC 11-2D-4D, all new construction and exterior modifications in the Old Town district shall be subject to administrative design review. The criteria for design review are set forth in the document, Downtown Meridian Design Guidelines (DMDG). Per UDC 11-2D-4D.3, any applications in Old Town that do not meet the criteria in the DMDG shall be subject to a Conditional use Permit (CUP). A CUP is required for the subject project because the proposed building addition and site layout does not meet all of the criteria listed in the Downtown Meridian Design Guidelines. The existing building is currently operating as an 8 person residential care facility and the owner is proposing to expand her business to operate as a 16 patient nursing care facility. Nursing Care Facilities are a prohibited use in the R-4 zoning district. Therefore the applicant is requesting O-T zoning which requires CUP approval and strict adherence to the specific use standards in UDC 11-4- 3-29. The subject site is located at 1353 W. 13f Street in Section 12, T3N R1W., and B.M. The subject property is within the corporate boundaries of the city. 2. SUMMARY RECOMMENDATION Staff has provided a detailed analysis of the requested RZ and CUP application below. Staff recommends approval of R~08-001 and CUP-08-005 for Trinity Assisted Living, as presented in the Staff Report for the hearing date of May 15, 2008, based on the Findings of Fact as listed in Exhibit D and subject to the conditions listed in Exhibit B. The Meridian Plannine & Zoning Commission heard these items on Mav 18` and Mav 15, 2008. At the public hearing the Commission moved to recommend approval of the subject RZ and CUP request. a. Summary of Commission Public Hearin: i. In favor: Doue McCleery, Hilda McCleery. John Cole, Mike Smith_ Davthun Cole ii. In opposition: Gavle Wilde Trinity Assisted Living RZ-08-001 and CUP-08-005 Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008 iii. Commenting• None iv. Written testimony: See below v. Staff presenting anulication: Bill Parsons vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. The parking stalls located in front of the site. c. K_ey Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. Staff received a letter dated Apri130, 2008 from a Ms. Dianna Stacey ezulaining her reasons for denial of the proiect. Staff did not receive the letter until after the Mav 15 hearing. A copy of the letter has been forwarded to the Clerk and placed in the file. 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Numbers RZ-08- OOland CUP-08-005, as presented in the staff report for the hearing date of June 17, 2008, with the following modifications to the conditions of approval: (add any proposed modifications). Denial After considering all Staff, Applicant, and public testimony, I move to deny File Numbers RZ-08-001 and CUP-08-005, as presented during the hearing on June 17, 2008, for the following reasons: (you must state specific reasons for denial and what the applicant could do to obtain your approval in the future). Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Numbers RZ-OS- 001 and CUP-08-005 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: 1353 West 1St Street (Parcel #89453000135) Trinity Assisted Living RZ-08-001 and CUP-08-005 Page 2 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008 Section 12, Township 3 North, Range 1 West. b. Applicant/Owner: Elisha Ricky 1353 West 1St Street Meridian, ID 83642 c. Representative: Doug McCleery, Chesapeake Construction 14469 Big Horn Drive Nampa, ID 83651 d. Present Zoning District: R-4 (Low Density Residential) e. Present Comprehensive Plan Designation: Old Town , f. Description of Applicant's Request: The Applicant is requesting to rezone the property from R-4 (Low Density Residential) to O-T (Old Town) zoning district and concurrently requesting Conditional Use Permit (CUP) approval to operate a 24 hour nursing care facility and construct a new 2,100 square foot addition to the existing residence that does not comply with the Downtown Meridian Design Guidelines. g. Description of Applicant's Justification for RZ and CUP Approval: "The building is currently a residential assisted care facility consisting of seven beds. We are proposing to add 2,100 square feet to the existing building for an additional five bedrooms and nine beds. Since there is inadequate room for parking in the rear, we asked the building be rezoned to Old Town and provide parking in the front with eight parking stalls and fencing as shown on the site drawing. We feel that rezoning to Old Town would be consistent with the current use and look of the building, while providing the opportunity for the property owner to expand and provide a much needed service in the area." See the applicant's narrative submitted with the CUP application and Section 10, Analysis, below for more information. 5. P][~OCESS FACTS a. The subject application will, in fact, constitute a rezone as determined by City Ordinance. By reason of the provisions of UDC 11-2A-2D, a public hearing is required before the Commission and the City Council on this matter. b. The subject application will, in fact, constitute a conditional use as determined by City Ordinance. By reason of the provisions of Idaho Code, Title 67, Chapter 65, and UDC 11-SA-2D, a public hearing is required before the Commission and City Council on this matter. c. Newspaper notifications published on: April 14, and 28, 2008 Planning and Zoning Commission; May 26, 2008 and June 9.2008 City Council d. Radius notices mailed to properties within 300 feet on: April 4, 2008 Planning and Zoning Commission; May 23, 2008 City Council e. Applicant posted notice on site by: April 21, 2008 Planning and Zoning Commission; June 7, 2008 City Council 6. LAND USE a. Existing Land Use(s): Asingle-family residence being used for an eight bed/person residential Trinity Assisted Living RZ-08-001 and CUP-08-005 Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008 care facility. b. Description of Chazacter of Surrounding Area: This azea is primarily single family homes and maintains a residential character. c. Adjacent Land Use and Zoning 1. North: Single Family Residence; zoned R-4 2. East: Single Family Residence; zoned R-4 3. South: Single Family Residence; zoned R-4 4. West: Single Family Residence; zoned R-4 d. History of Previous Actions: N/A e. Existing Constraints and Opportunities 1. Public Works Location of sewer: 8 inch service line on the west side of the property. Location of water: N.W. 1St Street. Issues or concerns: The applicant will need to upsize the e~sting water service line to accommodate for higher water demand due to adding additional occupants. 2: Vegetation: There aze some existing trees on the subject properties that should either be preserved or mitigated for in accordance with UDC 11-3B-1OC5. See Analysis, Section 10 for more information. 3. Floodplain: NA 4. Canals/Ditches Irrigation: NA 5. Hazards: No hazazds are known to exist on the site 6. Existing Zoning: R-4 (Low Density Residential) 7. Lot Size: 0.26 of an acre f. Conditional Use Information: 1. Non-residential square footage: 2,100 squaze feet addition and 2,200 square feet of existing structure. 2. Hours of Operation: 24 hours a day 3. Request to establish a Nursing Caze Facility for 16 patients on the site. g. Off-Street Parking: O.S per dwelling unit. 1. Pazking spaces required: 8 2. Pazking spaces provided: 8 h. Landscaping 1. Width of street buffer(s): NA (street buffers aze not required in the O-T district) 2. Width of buffer(s) between land uses: NA (buffers between land uses aze not required in the O-T district) 3. Other landscaping standazds: See 11-3B-8, Pazking Lot Landscaping, for internal parking lot landscaping requirements. Trinity Assisted Living RZ-08-001 and CUP-08-005 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008 i. Required dimensional standards for the O-T zone, per UDC 11-2D-4: - Maximum building height: 75' - Minimum number of stories for new construction: 2 - All new construction and exterior modifications shall be subject to administrative design review in accordance with the criteria set forth in the Downtown Meridian Design Guidelines (DMDG). Applications (such as this one) that do not meet the criteria in the design guidelines shall be subject to a CUP. j. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to this site is proposed from W. 1st Street. 7. COMMENTS MEETING On April 11, 2008, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present included: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian, and the Sanitary Services Company. Staff has included comments, conditions, and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Old Town." Old Town is defined in the Comprehensive Plan as follows: "This includes the historic downtown and the true community center. Uses would include offices, retail and lodging, theatres, restaurants, and service retail for surrounding residents and visitors. A variety of residential uses could include reuse of existing buildings for residential uses, new construction of multi-family residential over ground floor retail or office uses. In order to provide and accommodate preservation of the historical character, specific design requirements may be imposed. Pedestrian amenities would be emphasized. Public investment to ensure that Old Town becomes a centralized activity center with public, cultural, and recreational structures would be encouraged. The boundary of the Old Town district predominantly follows Meridian's historic plat boundaries. In several areas, both sides of a street were incorporated into the boundary to encourage similar uses and complimentary design of the facing houses and buildings." Staff finds that the proposed use of the properly as a Nursing Care Facility complies with the applicable provisions of the Comprehensive Plan and furthers the goals and objectives set forth therein. Staff fords the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • Chapter V, Goal III, Objective D, Action 3 (page 43) -Require all new parking lots to provide landscaping in internal islands. The site plan depicts internal parking lot landscaping on the site in compliance with the standards listed in UDC 11-3B-8. • Chapter VII, Goal IV, Objective D, Action 2 (page 114) -Restrict curb cuts and access points on collectors and arterial streets. This site is not proposing access to an arterial. Access to the site is proposed from W. 1st Street, a local road. • Chapter IV, Goal I, Objective A, Action 6 (page 26) -Permit new residential, commercial, or industrial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. Trinity Assisted Living RZ-08-001 and CUP-08-005 Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008 The subject property lies within the boundaries of the City of Meridian and is provided with City services. • Encourage compatible uses to minimise conflicts and maximize use of land. (Chapter VII, Goal IV) The applicant is currently operating as an 8 person residential care facility. To staff's knowledge no complaints have been registered against the property or the owner. Staff believes that the proposed use should be compatible with existing uses in the area. Staff believes that the proposed use is consistent with the Comprehensive Plan and is compatible with the surrounding uses. See Section 10 below pertaining to the subject CUP request pertaining to compliance with the Downtown Meridian Design Guidelines. Staff recommends that the Commission rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's request is appropriate for this property. 9. ZONING ORDINANCE a. Allowed Uses in Traditional Neighborhood Districts: UDC Table 11-2D-2 lists the permitted, accessory, and conditional uses in the O-T zoning district. Nursing or Residential Caze Facilities aze a conditional use in the O-T zoning district. Furthermore, the applicant cannot comply with all of the criteria of the DMDG and requires CUP approval as well. b. Purpose Statement of Zone: Per UDC 11-2D-1, the purpose of the traditional neighborhood districts is to encourage mixed use, compact development that is sensitive to the environmental characteristics of the land and facilitates the efficient use of services. Vertically integrated residential projects aze encouraged in all traditional neighborhood districts. A traditional neighborhood district diversifies and integrates land uses within close proximity to each other, and it provides for the daily recreational and shopping needs of the residents. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the RZ and CUP request as proposed, with the following comments: REZONE: As mentioned eazlier, the applicant is proposing a 2,100 squaze foot addition to the existing single family home on the site to operate a 24 hour Nursing Caze Facility. The total squaze footage of the facility will be approximately 4,300 square feet. The applicant is requesting a rezone of this property because the proposed Nursing Care Facility is a prohibited use in the existing R-4 zoning district. The O-T zoning district allows Nursing Caze Facilities as a conditional use in accordance with UDC 11-2D-2. The Old Town zoning district allows for a diverse mix of uses within the comprehensive plan boundaries. Staff believes rezoning this property to O-T is appropriate and contributes to the revitalization of the Old Town area. Based on the policies and goals contained in the Comprehensive Plan and compliance with the Unified Development Code for the O-T zone, Staff believes that the rezoning of this property to O-T is in the best interest of the City. Please see Exhibit D for detailed analysis of the facts and findings of the rezone. The rezone legal description submitted with the application (prepazed on Mazch 6, 2008 by Walter L. Neitz, PLS) shows the property within the existing corporate boundary of the City of Meridian. Development Agreement (DA): UDC 11-SB-3D2 provides the Planning & Zoning Commission and City Council the authority to require a property owner to enter into a DA with the City of Trinity Assisted Living RZ-08-001 and CUP-08-005 Page 6 ~ i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008 Meridian that may require some written commitment for all future uses. Due to the small size of the subject property and the Applicant's intent to improve the subject site, Staff believes that a DA is not necessary in this instance. However, if the Commission or Council feels that a DA is necessary to ensure that this property is developed in a fashion that is consistent with the Comprehensive Plan and does not negatively impact nearby properties; Staff recommends a clear outline of the commitments of the developer being required. CUP: The applicant is requesting CUP approval for two requirements of the UDC. UDC 11-2D-2 requires a CUP for Nursing Care Facilities in an O-T zone. In addition, all building modifications/additions are subject to compliance with the Downtown Meridian Design Guidelines and design review approval. If the proposed addition/modification does not comply with the Guidelines, CUP approval is required (UDC 11-2D-4D). Further, the proposed use shall comply with the specific use standards of the UDC regarding Nursing or Residential Care Facilities. Specific Use Standards for Nursing or Residential Care Facilities per UDC 11-4-3-29: A. General standards: 1. If the use results in more than ten (10) persons occupying a dwelling at any one time, the applicant or owner shall concurrently apply for a change of occupancy as required by the building code in accord with title 10 of this code. The applicant is proposing to house up to 16patients on the site which will require a change of occupancy. 2. The owner and/or operator of the facility shall secure and maintain a license from the state of Idaho department of health and welfare, facility standards division. The applicant is currently operating as an 8 patient care facility. The applicant should provide staff a copy of the State License prior to issuance of a CZC for the site. B. Additional standards for uses providing care to children and juveniles under the age of eighteen (18) years: Not applicable. 1. All outdoor play areas shall be completely enclosed by a minimum six foot (6') nonscalable fence to secure against exitlentry by small children and to screen abutting properties. The fencing material shall meet the swimming pool fence requirements of the building code in accord with title 10 of this code. Not applicable. Z. Outdoor play- equipment over six feet (6') high shall not be located in a front yard or within any required yard. Not applicable. 3. Outdoor play areas in residential districts or uses adjacent to an existing residence shall not be used after dusk. Not applicable. C. Additional standards for uses providing care to patients who suffer from Alzheimer's disease, dementia or other similar disability that may cause disorientation: Abarrier with a minimum height of six feet (6'), along the perimeter of any portion of the site that is accessible to these patients shall be provided. The fencing material shall meet the swimming pool fence requirements of the building code in accord with title 10 of this code. (Ord. OS-1170, 8-30-2005, eff. 9-15-2005) The site is not currently housing dementia patients. An existing frfoot slatted chain link fence surrounds the perimeter of the site. The applicant is proposing to replace the 6 foot chain link fence along the front of the property with a 4 foot solid vinyl fence to enhance the front area of the property. At this time, the applicant is not proposing to house dementia patients; however Staff is recommending the Trinity Assisted Living RZ-08-001 and CUP-08-005 Page 7 ~ ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008 applicant provide 6 foot vinyl fencing from the southeast and northeast corners of the proposed new addition to meet this requirement; so in the future if the applicant does decide to house dementia patients the site will be in compliance with the UDC. UDC 11-2D-4D requires CUP approval for projects that do not comply with the Downtown Meridian Design Guidelines. The applicant is proposing to construct a new 2,100 square foot addition to the existing building on the subject property. All new construction and exterior modifications in the O-T district are subject to administrative design review in accordance with the standards listed in the Downtown Meridian Design Guidelines (DMDG). Because the applicant is unable to comply with all of the Downtown Meridian Design Guidelines (DMDG) in the O-T zoning district, a CUP is required. Dimensional Standards: Currently, the only development standards in the O-T district are as follows: (Staff "s comments are in italics) - Maximum building height: 75' (The proposed addition does not exceed the maximum height requirement.) - Minimum number of stories for new construction: 2 (The applicant is proposing a one story addition to be compatible with the existing building on the site.) - All new construction and exterior modifications shall be subject to administrative design review in accordance with the criteria set forth in the Downtown Meridian Design Guidelines (DMDG). Applications (such as this one) that do not meet the criteria in the design guidelines shall be subject to a CUP. (The applicant cannot comply with all of the design guidelines, thus the reason for the CUP request. See below for the specific items that the applicant cannot comply with.) Design Guidelines: The Downtown Meridian Design Guidelines were mainly intended for mixed-use buildings within the City's core. However, as currently written in code, all O-T zoned property is subject to the standards. Below is a list of the design guidelines applicable to this site: (Staff's comments in italics) 1. Setbacks: All new buildings must have first floor facades built to the public right-of--way at the street sides and to interior lot lines (exceptions may be considered at interior lot lines for pedestrian paths and existing adjacent buildings with windows, and for civic and community buildings and pubic spaces). The applicant is proposing to match the existing structure on the site. Currently the existing structure is located 10 feet from the rear property line and the new addition is showing approximately 44 feet from the front property line. In order to accommodate the parking requirements for the site, the applicant has to maintain a front setback to meet the dimensional standards of the parking stalls in accordance with UDC 11-3C-S.AII of the other structures in this area also have similar setbacks. 2. Building Orientation: All developments in the Downtown District shall be oriented to the street. The requirement is met when: a. Buildings have their primary entrance oriented toward the street. The buildings primary entrance is located on the north side of the building facing a court yard area for the residents of the building, which does not comply with this requirement. Because the applicant may house dementia patients; staff believes that not having the primary entrance be oriented toward the street is warranted. b. Second story uses, not associated with the ground floor use, must have their primary entrances on the street side; a secondary entrance/exit may be located on the rear. There is only one primary use proposed for the site. Trinity Assisted Living RZ-08-001 and CUP-08-005 Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JiJNE 17, 2008 c. Off-street parking, driveways, and other vehicular circulation shall not be placed between the building and the street. The off-streetparkingfor this site is proposed at the front of the building, which does not comply with this requirement. Furthermore, there is not an alley behind the subject site to accommodate parking in the rear. d. Service areas for new buildings will be located at the rear including loading, recycling, garbage, meters, mechanical equipment, etc. Service areas will be screened from view to the height of the equipment with decorative walls compatible with the building facade if visible from the street. The applicant is proposing the trash enclosure be in front of the site as depicted on the site/landscape plan, which does not comply with this requirement. After speaking with the applicant, Staff was informed SSC is requiring metal dumpster for the site. Staff believes it would not be feasible to relocate the trash enclosure to meet SSC requirements. Screening the said enclosure should be in accordance with UDC 11-3A-12.A site plan stamped "approved" by SSC should be submitted with the CZC application for this site. e. Rooftop mechanical equipment must be screened to the height of the equipment with allowable exterior materials. Per the applicant, no rooftop mechanical equipment is proposed. 3. Building Height and Form: All development in the Downtown District shall meet the following limits of height and form: a. Height: i. Minimum height at street-side fagade: 2 stories/40 feet ii. Maximum height at street-side fagade: 3 stories/60 feet iii. Maximum height at 10 feet behind street-side fagade: 4 stories/75 feet The building is proposed to be a single-story building to match the existing building on the site, which does not comply with the minimum and maximum height requirements. Staff believes that single story addition would be more appropriate with the surrounding residential structures in the area. b. Form: Street-side facades must include a parapet whether a flat roof or pitched roof is used. The roof of the proposed structure does not have a parapet; the building is proposed to have a pitched roof only, which does not comply with this requirement. Staff is not recommending that the applicant be required to provide a parapet on the proposed structure because the addition is keeping with the existing building and the surrounding structures in the neighborhood. ii. Facades stepped back 10 feet or more may have a shaped roof profile without a parapet, but must not exceed height limit. Not applicable. iii. Form may include corner elements at street intersections only, such as towers, projecting bays, etc. but must not exceed height limit. Not applicable. iv. Ground level building corners, on corner lots only, may be chamfered a distance of 10 feet maximum from the corner property line for corner entries. Not applicable. v. Balconies and bay windows may project beyond the fagade up to 6 feet if at least 15 feet above ground. There are no balconies or bay windows proposed with the submitted elevations. Trinity Assisted Living RZ-08-001 and CUP-08-005 Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008 4. Facade Treatment, Entrances, Roofs: All developments in the Downtown District will meet the following requirements for fagade treatments: a. First floor street facing facades: Facades must contain no less than 50% glass. Storefronts must follow the proportioning system (All first floor street-facing facades must be constructed such that storefronts can be added to allow flexibility of use over time.) Glass must be clear with no tinting or reflectivity. Window frames must be recessed from the face of the finished wall a minimum of 4 inches. Non-glass materials may be one or a combination of the following materials: stone or brick masonry, tile, or stucco (concrete masonry is prohibited). Paneled painted wood may be used within the storefront if detailed in a historically compatible manner. Active doors are recommended approximately every 25 feet or as close as feasible for the project. Window headers and sills are encouraged. Belt coursing at 12 feet to 20 feet above the ground is encouraged, especially if matching an adjacent building.) The elevations facing W. 1~` Street depict less than 50% glass, which does not comply with this requirement Masonite siding is proposed on the wall surfaces, which does not comply with this requirement The building is proposed as a Nursing Care Facility; thus, additional storefronts and doors are not planned to be added in the future. However, Staff believes the applicant could dress up the street facing fapade to include materials referenced in the design guidelines Staff is recommending the applicant incorporate larger windows (3X3) and a add brick or stone accents along the entire eastfa~ade of the building. b. Street-facing facades above first floor: Street-facing facades above the first floor shall have no less than 20% glass. Windows shall be vertical in proportion and frames recessed from the face of the finished wall be a minimum of 4 inches. Acceptable wall materials include stone or brick masonry, tile, and stucco (concrete masonry is prohibited). The applicant is not proposing atwo-story building on the site; therefore this requirement is not applicable. c. Screening: On grade screen walls shall be constructed of materials similar to those of the building fagade if visible from the street. Roof-top screening materials shall be compatible with building facade materials. No rooftop mechanical equipment is proposed. d. Parapets: Parapets are required and must have a shaped cap of no less than 6 inches vertical, projecting no less than 1 inch horizontal. Decorative elements of parapets may exceed height limits by 4 feet maximum, and are restricted to 50% of the parapet length. Parapets are not proposed on the building and Staff is not recommending that they be provided. e. Projecting cornices: Projecting cornices, if used, must be consistent or compatible with historic structures of the turn of the 20~` century. Cornices are not proposed and are not required. f. Awnings: Retractable fabric awnings or permanent canopies for sun protection and the creation of protected sidewalk space are encouraged. Temporary and permanent awnings of plastic fabric are not allowed. Awnings are not proposed and are not required. 5. Mid-Block Pedestrian Pathways: All developments in the Downtown District will meet the following requirements for mid-block pedestrian pathways, if those pathways are deemed necessary by the applicant/owner. A mid-block pedestrian pathway is not Trinity Assisted Living RZ-08-001 and CUP-08-005 Page 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008 proposed by the applicant. Staff does not believe that one is necessary or feasible in this area because of the existing residential neighborhood and zoning in the area. 6. Streetscape Design: Note: Streetscape Designs in the Downtown District are in the process of being developed in conjunction with Ada County Highway District. Until specific new streetscape standards aze developed, streets and sidewalks shall be built to be compatible with streetscape improvement built in 1991-1993, and as specified by ACRD. Not Applicable. 7. Landscaping: Until specific new streetscape standazds aze developed, streets and sidewalks shall be built to be compatible with streetscape improvement built in 1991- 1993, and as specified by ACHD. Because of the location of this site, streetscape standards are not applicable. However, the applicant is required to comply with the parking lot landscaping requirements of the UDC. 8. Parking: No off-street parking is required. If off-street parking is provided, the applicant shall provide accessible spaces as per federal accessibility standazds and the standards for pazking stall size in UDC Table 11-3C-5. OfF street parking is allowed only at the rear of buildings not visible from streets and in parking structures. Off-street parking is not feasible for this site because of the location of the existing structure and there is no alley way at the rear of the site. However, the applicant is proposing parking in front of the building and complies with the dimensional standards in UDC Il-3C-S. Building Elevations: Building elevations for the proposed building were submitted with this application, prepazed by Roger Gamble, dated 12/6/07, labeled as Sheet A2, and are included in Exhibit A. Exterior materials aze proposed to be masonite siding and architectural shingles to match the existing structure on the site. Because the submitted elevations do not comply with a majority of the Downtown Meridian Guidelines, the project is subject to CUP approval. Staff believes the applicant should add additional architectural features to the east facing elevations. Staff is recommending increasing the three window sizes to a 3 x 3 and adding a brick or stone accents along the entire east fagade of the building. If these changes are made, staff is generally supportive of the building elevations. Access: The site fronts on W. 1st Street with the associated pazking for the site located in front of the building as well. Staff has concerns with the pazking located in front of the site because visitors of the facility will have to back out across a public sidewalk onto a public street. However, staff believes the traffic generated and the amount of visitors to the site should be very limited based on the proposed use. Staff is recommending the applicant post signage on the site cautioning visitors to watch for pedestrians as they back out of the parking stalls onto 1st Street. Said signage should be placed in front of the parking stalls adjacent to the 4foot vinyl fence. Parking: There aze no parking requirements for the Old Town district. However, UDC 11-3C-6 requires 0.5 spaces per dwelling unit for nursing or residential caze facilities. The site is expected to expand from 8 patients to 16 patients thus requiring a minimum of 8 on site parking stalls. The submitted site plan shows the required 8 parking stalls dimensioned in accordance with UDC 11- 3C-5. In addition, a bicycle rack is required to be installed on the site that is capable of holding a minimum of 1 bicycle and should comply with the standards listed in UDC 11-3C- 5C. Landscaping: As mentioned earlier, there are no landscape buffer requirements for the Old Town District. However, the applicant is proposing to expand the structure and improve the parking lot Trinity Assisted Living RZ-08-001 and CUP-08-005 Page 11 ~ i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008 for the site. Revisions to the site/landscape plan are discussed below and conditioned in Exhibit B. Site/Landscape Plan: Staff has reviewed the site/landscape plan, prepared by Roger Gamble Associates, dated 12/06/07, labeled as Sheet AA, submitted with this application. The following items should to be shown on a revised site plan submitted with the Certificate of Zoning Compliance application: There is mature landscaping on the site that should remain and be protected during construction. Any existing on-site tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of those removed. Required landscaping trees will not be considered as replacement trees for those that are removed. The Applicant should coordinate a mitigation and protection plan with Elroy Huff at the Meridian Parks Department This should be included on an updated landscape plan submitted with the CZC application. Per UDC 11-3B-8C2a, landscape planters shall contain a minimum of 50 square feet and shall not be less than 5 feet in any dimension, measure inside curbs. Said planters shall be planted with a minimum of 1 tree and low shrubs, lawn, or other vegetative groundcover. The two planters adjacent to the parking stalls are in compliance with the dimensional standards; however perms bark does not satisfy the landscaping requirements. Staff is recommending the applicantprovide lawn or additional shrub plantings touching at 70 percent of maturity in said buffers. Per UDC 11-3B-SH the use of permabark as the only groundcover is prohibited. The submitted site/landscape plan shows permabark to be used along the east and north sides of the building. The applicant is proposing trees and shrubs along the east side of the site however 7 shrubs are proposed along the foundation of the 2,100 square foot addition. Staff is recommending the following requirements: four additional trees and additional plantings touching at 70 percent of maturity or plant 4 additional trees and replace the permabark along the northern boundary with lawn. Furthermore, staff believes additional trees (1 every 35 linear feet) should be planted along the west and south to provide additional screening for the residents along those boundaries. If these changes are made, staff is supportive of the landscaping proposed for the site. Hours of Operation: The applicant is proposing a 24 hour nursing care facility on this site. Staff is supportive of the 24 hour use for the site. Certificate of Zoning Compliance (CZC): A CZC application is required to be submitted to the Planning Department for approval prior to issuance of building permits for the proposed building on this site. The applicant should submit revised plans that comply with the conditions of approval listed in Egltibit B of this staff report, with the CZC application. All improvements must be installed prior to occupancy. b. Staff Recommendation: Staff recommends approval of RZ-08-001 and CUP-08-005 for Trinity Assisted Living, as presented in the Staff Report for the hearing date of May 15, 2008, based on the Findings of Fact as listed in Exhibit D and subject to the conditions listed in Exhibit B. The Meridian Planning & Zoning Commission heard these items on Mav 18` and Mav 15, 2008. At the public hearing the Commission moved to recommend aAUroval of Trinity Assisted Living RZ-O8-001 and CUP-OS-005 Page 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008 the subiect RZ and CUP request. he Meri ian itv ounc'1 hes~rd thpc ltPmc nn i,,,,p ~ ~ 2008. At the public hearing the CoLncil approved the snhiect R7, and ['iTP ran»aet 11. EDITS A. Drawings 1. Vicinity/Zoning Map 2. Site/Landscape Plan (prepared by Roger Gamble, dated 12/06/07, labeled Sheet AA) 3. Floor Plan for the Addition 4. Building Elevations (prepared by Roger Gamble, dated 12/06/07, labeled Sheet A2) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company C. Legal Description and Exhibit Map D. Required Findings from the Unified Development Code Trinity Assisted Living RZ-08-001 and CUP-08-005 Page 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008 A. Drawings 1. Vicinity Map 424 J 314 R-8 f _ "~ 220 (,_~ 104 RUT ~r ~-- 34 ; 20 L_ - -------~ ~~ --~_ E-F]eCFRVlE1~l_-~t/E_ -__ r ---- - - _. _ w ~ I I _ ~ 303 " 1649 - _ _~ _T.-.~ r _J__,. 1648 1645 ~ N ~ 1617 I L~~ ~ ~ N~ rv ~ M N j' 1616 1633 1632 1635 ! ~ ~ ~o i '~ ~ 317 1 ~ - 1612 1625 1624 1 b25 {., •--_ ~_ (~ ,~ -_ 1624 1615 ~ 3- 1608 1615 1618 1608 L, ~ 1606 1607 1548 1611 1b03 (( 1608 153b 1533 1536 1535 t- -- ----- -- -' g ~A~ 1528 ~ 1524 1b35 .1526 1523 1523 - _ -' _ 9430 1520 i 1522. I ~--_' 1516 1513 1519 1406 1506 1505 1501 ii -?"~-` ---~--- ---.--.-I 1394 1508 ~ 1505 ! 1432. 1501 1502 1435 ~-----_ r ,.__. 1370 1433 1434 __ R-8 1432 1431 1434 M .1423 ' __ .1348 1425 1426. 1419 1424 1421 1428 ~ r _ „^_I 428 334 2Qg 1418 1411 1419 ~ -1422 --~ (~ 1409 1410 1414 f e~ r 1404 1405 ~ ~ 1402 `-~~- 1403 T --- .". M M ~ 'egi ~ ~ 1336 1353 ~ 1332. I ~~ 1335 4~ 1332 1329 ,_ : ' 1313. 3~9 1326 9323 ~- - '-- i 1323 "'ia, E 1324 C'_ ~ 1324 _ 1320 1319 - -- - 1303 338 330 ~ ~~, ~ ~ N N 1316 I~ j,_~ .1308 1311_- -- ~ - 0 132 ~----~-- v 130' '1 1234 ~~1303 ~ 3 339 331 --~ - _ y 133 1231 37 L-~ ~~R ~~~ ~ 1233. - ~ 1 3 3,~3 ~ it e~ ~ ev ~ ~i a"o 1217 1222 1223 1220 ~- 1225 .o ~ ~. M N p 1212 N °~ ~ ''C-C M M..M. N N N N a N 1205 1204 J ~ ~ p S N ~71~, 335: 319 309 303 231 211 127 ~ 103 1130 1127 u~ 1131 p >> 1122 1124 1121 P ~ ~ - C-C ~~ "1112 1113 410 1108 ~ a~ ~ a~ 1115 36 1.105 r io29 10~o E 1029 _ ~, 1010 ~ 1035 0 ~ m IM ~ -p _ 1023 J ~- p~ ~ i 1015 pp N 1010 !L ,~Y~ o i~ 926 911 ~ 13 N ~ ~ ~ ~ l 918. 921 918 921 422 I ~ a a Exhibit A Page 1 ~ ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008 2. Site/Landscape Plan Exhibit A Page 2 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JiJNE 17, 2008 Floor Plan for the Addition Exhibit A Page 3 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008 3. Building Elevations rcmaraar ~ k r1®0 Exhibit A Page 4 i ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 REZONE COMMENTS/PROVISIONS 1.1.1 The rezone legal description submitted with the application (prepared on March 6, 2008, by Walter L. Neitz, PLS) is approved. 1.1.2 Any future subdivision, uses, and construction on this property shall comply with the City of Meridian ordinances in effect at the time of permit submittal. 1.2 CONDITONAL USE PERMIT 1.2.1 The site/landscape plan, prepared by Roger Gamble, dated 12/6/07, is approved with the following modifications: • Place "Caution Pedestrian" signs in front of the parking stalls adjacent to or on the 4-foot vinyl fence. • The Applicant should coordinate a mitigation and protection plan with Ekoy Huff at the Meridian Parks Department. This plan shall be included on an updated landscape plan submitted with the CZC application. • Per UDC 11-3B-8C2a, landscape planters shall contain a minimum of 50 square feet and shall not be less than 5 feet in any dimension, measure inside curbs. Said planters shall be planted with a minimum of 1 tree and low shrubs, lawn, or other vegetative groundcover. The two planters adjacent to the parking stalls are in compliance with the dimensional standards; however perma bark does not satisfy the landscaping requirements. The applicant shall provide lawn or additional shrub plantings touching at 70 percent of maturity in said planters. Per UDC 11-3B-SH the use of permabark as the only groundcover is prohibited. The submitted site/landscape plan shows permabark to be used along the east and north sides of the building. The applicant is proposing trees and shrubs along the east side of the site however 7 shrubs are proposed along the foundation of the 2,100 square foot addition. The applicant shall meet the following requirements: provide four additional trees and additional plantings touching at 70 percent of maturity or plant 4 additional trees and replace the permabark along the northern boundary with lawn or other vegetative material. In addition, the applicant shall plant additional trees (1 every 35 linear feet) along the west and south sides of the property to provide additional screening for the residents along those boundaries. • Provide 8 parking stalls on the site as proposed. • Provide a bicycle parking rack on the site in compliance with the standards listed in UDC 11-3C-SC. • Provide 6-foot vinyl fencing at the southeast and northeast corners of the new addition and connecting to the existing 6-foot slatted chain link fence. 1.2.2 The building elevations, prepared by Roger Gamble, dated 12/6/07, are approved with the following modifications: • In lieu of full compliance with the Downtown Meridian Design Guidelines, the applicant shall modify the street facing fagade to include materials referenced in the design Exhibit B Page 1 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008 guidelines. The applicant shall incorporate larger windows (3X3) and add brick or stone accents along the entire east facade of the building. 1.2.3 The applicant shall submit a Certificate of Zoning Compliance application with revised plans that comply with the conditions of approval listed herein, prior to issuance of building permits for the proposed building. 1.2.4 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 1.2.5 No new signs are approved with this CUP application. All business signs require a separate sign permit in compliance with the sign ordinance (iJDC 11-3D). 1.2.6 The Applicant shall have a maximum of 18 months to commence the use as permitted in accord with the conditions of approval listed above. If the business has not begun within 18 months of approval, a new conditional use permit must be obtained prior to operation. 1.2.7 The Nursing Care Facility may operate as a 24 hour care facility, as proposed. 1.2.8 The site shall comply with all of specific use standards in accordance with UDC 11-4-3-29. 1.2.9 The applicant shall submit a copy of the Health and Welfare License with CZC submittal. 1.2.10 The applicant shall submit an approved site plan from Sanitary Services Company (SSC) with the Certificate of Zoning Compliance application. 1.2.11 The applicant shall apply for change of occupancy in accordance with UDC 11-4-3-29. 2. PUBLIC WORKS DEPARTMENT 2.1 Applicant shall be required to pay any Public Works development plan review, and construction inspection fees, as determined during the plan review process. 3. FIIBE 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 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.3 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.4 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.5 There shall be a fire hydrant within 100' of all fire department connections. 3.6 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout Exhibit B .Page 2 i • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008 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). 3.7 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. 3.8 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.9 The applicant shall comply with the IBC and IFC requirements of the I-2 occupancy classification. 3.10 The building on the site shall require a NFP 13R or 13D sprinkler system and fire alarm system. 3.11 The applicant shall comply with the State of Idaho's Health and Welfare requirements regarding Nursing Care Facilities. 4. POLICE DEPARTMENT 4.1 The Police Department did not submit comments on this application. 5. PARK5 DEPARTMENT 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 6. SANITARY SERVICES COMPANY 6.1 Please contact Doug Mason at SSC (888-3999) for detailed review of your proposal prior to the public hearing. There is a concern that the required modifications may significantly impact your site design and may require a revised site plan. If the site plan is revised, contact the planner assigned to the project immediately to discuss the changes and how to proceed with the revised site plan. Exhibit B Page 3 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008 C. Legal Description and Exhibit Map A IiTtrltrrrfted Bomrdarfes, lrsc. dlia ALS L Land Stuveyii-g & Livfl En~tneec~ng uasw t~sc ~"` ~, z aSSao ZfW S~R.i71Y11 [~u LEGAL DESCRIPTION FoR DOUG McCLEARY CHESAPEAKE CONSTRUCTION REZONING FROM RESIDENTL~,L TO OLD TOWN The following describes a parcel of real property for the purpose of a rezone, situate within the Northeast Quarter of the Northeast t2rrarier, Section 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Meridian, Idaho, Lot 8, Block 1, Western Subdivision, Book 24, Page 1498, Ada County Record's, and also the west 30.00 feet of a portion of West First .Stmt, being more particularly described as fellows: BEGINNING at the Northwest corner of said Lot 8, thence, along the Northerly boundary liae of said Lot 8, North 89°49'35" East, 140.00 feet to the Northeast corner of said Lot 8, also being the Westerly right~f=way of West First Street; Thence, departing said Westerly right-of--way, continuing North 89°49'35" East, 30.00 feet to the c~rterline of said West First Street; Thence, along said centerline, South 00°20'30" East, 83.00 feet; Thence, departing said centerline, South 89°49'35" West, 30.00 feet to the Southeast comer of said Lot 8, also being on Said Westerly right-of-way of West First Street; Thence, along the Southerly boundary line of said Lot 8, continuing South 89°49'35" West, I40A0 feat to the Southwest corner of said lot 8; Thence, along the Westerly boundary line of said Lot $, North 00°20'30" West, 83.00 feet, to the POINT OF BEGINNING, eomprrsiag 0.324 acres or 14,I00 square feet anorE or less. SUBJECT TO: All easements or reservations appearing on the above-described parcel of real property. ~~~ ~o ~~ Exhibit C Page 1 CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF JUNE 17, 2008 2 'o .5 m :. s F ~, a o~ `~~~s ~'~--- ~ ~ '~ chi c8i a° '"7 N I 'I ~ I ~m~ ~ s ~ ~ m U ~ R t ~°~ ~ g rya g ~ ~ W ~ o ~ o c~na~u t~ .. of ~ o Z ~ ~ ~ ~ 3ao Q ' t~f ~ ~ OWN m ~ ' .. W Y ~ # ~ ' °~ ~ ~ W a ~ ~ N Q ' ~ _ ~ °~ V ~ ~ a F BLOCK 4 NIDAYS SECOND ADDITION ~ ~ ~~ ~~ ~ ~ .. .~ 60'(2} c 60'(2) ~ J ~ ~ . m " ~ ~ WES7'FIRST 57'RF.EI" ~ _ ~ c°o Fn - W ~ 2 ~53tI~V LSO"0 ~. ~ 500'20'30 E Z z ~ ~~ g _ ~-'~D~ w `~ 83.00'(9) g "' °I to w ~ N p "W ~ ~, Id, m ~N $ ~ ~V ~ ~~ ~ ~~~ 4„W` a q ~$ a`iWl P- ~M tf~ m JO~ lfl ' ~ °~~ ~ ~ ~ ~ ' ` I ~ ~ °f ~ Sc+ozo so e as4.ao'(~) a o 83.00'(1} ~ z 20_30°W ~ o'~o~ n oZO' ! N00° J _ ~ N M st ~ t0 1~ a F- O {- f. ~ F, O O O O F- h ro v u°~ O p ~ sI.oCK 9 ~ a WESTERid SUBDIVISIQN ~ a a ~~ WEST SECQND S1REE7' ~ ~ ~° ~$$ ~~- M v, v.... Exhibit C Page 2 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008 D. Require Findings in Accordance with the UDC 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to rezone the subject property to O-T. The Council finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council fords that future development of this property will comply with the purpose statement of the O-T zone, which encourages an appropriate mix of commercial and residential uses. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Council rely on any oral or written testimony that may be provided when determining this fording. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The 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. 2. CUP Findings: The Commission and Council shall base its determination on the Conditional Use Permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The existing site is large enough to accommodate the proposed use. However, the site and proposed addition do not comply with all of the development regulations of the O-T zoning district noted in the Downtown Meridian Design Guidelines (DMDG). For this reason, a CUP is requested as required by UDC 11-2D-4D.3 for applications that do not meet the criteria of the DMDG. Furthermore, the O-T zoning district requires CUP approval for Nursing Care Facilities in accordance with UDC 11-ZD-2 and strict adherence to the specific use standards in UDC 11-4-3-29. See analysis in Section 1 D for more information. Off-street parking is required at the ratio of 0.5 per dwelling unit. Eight off-street parking stalls are required for this site based on the number of beds (16) provided for the residents of the facility; eight are provided. The applicant complies with this requirement. Exhibit D Page 1 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008 Staff recommends the Council rely on Staff's analysis and any oral or written public testimony provided when determining if this site is large enough to accommodate the proposed use. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Council finds that the Comprehensive Plan Future Land Use Map designation for this property is Old Town. If the subject property is rezoned to O-T, then the site should comply with this designation. The proposed use is generally harmonious with the requirements of the UDC (See Sections 8 and 10 above for more information regarding the requirements for this use). 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the e~sting or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Council finds that, if the Applicant complies with the conditions outlined in this report, the operation of the proposed use should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. Further, the Council believes that the proposed use will not adversely change the essential character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Council finds that, if the Applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. The Council should rely upon any public testimony provided to determine if the development will adversely affect the other property in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Council finds that the site will be adequately served by the previously mentioned public facilities and services. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the Applicant will be financing any improvements required for development. The Council finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors. The Council recognizes that traffic and noise is a concern; however, the Council does not believe that the amount generated by the proposed new use of the property will be detrimental to any persons, property, or the general welfare of the public. The Council does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. Exhibit D Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JiJNE 17, 2008 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic, or historic feature considered to be of major importance. The Council fords that there should not be any health, safety or environmental problems associated with the proposed use that should be brought to the Council's attention. The Council fords that the proposed use will not result in the destruction, loss or damage of any natural, scenic, or historic feature of major importance. Exhibit D Page 3 !~ June 27, 2008 CUP 08-005 MERIDIAN CITY COUNCIL MEETING JUIy 1, 2008 APPLICANT Elisha Ricky ITEM NO. ~ - REQUEST Findings for Approval -- Request for a Conditional Use Permit to operate a 24-hour Nursing Care Facility in a proposed O-T zone & for a site 8~ bldg that does not meet criteria of Meridian Design Guidelines for Trinity Assisted Living AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached Findings ~~~~ Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN (..%Vl E IDIAN~~-, FINDINGS OF FACT, CONCLUSIONS ~ D a ~ o OF LAW AND DECISION & ORDER In the Matter of rezoning 0.32 acres from R-4 (Low Density Residential) to O-T (Old Town) zoning district; and conditional use permit to operate a 24 hour Nursing Care Facility in a proposed O-T zoning district with conditional use permit approval to construct a 2,100 square foot addition to the ezisting residence that does not meet all of the criteria listed in the Downtown Meridian Design Guidelines for Trinity Assisted Living, by Elisha Ricky Case No(s). RZ-08-001 and CUP-08-005 For the City Council Hearing Date of: June 17, 2008 (Findings on the July 1, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 17, 2008 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 17, 2008 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 17, 2008 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 17, 2008 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-08-001 and CUP-O8-005 -1- 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description and the Conditions of Approval all in the attached Staff Report for the hearing date of June 17, 2008 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The Applicant's Rezone request, as evidenced by having submitted the legal description and exhibit map, stamped and dated March 6, 2008, by Walter L. Neitz, PLS, is hereby conditionally approved; 2. The applicant's Site/Landscape Plan as evidenced by having submitted the Site/Landscape Plan dated December 6, 2007 is hereby conditionally approved; 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of June 17, 2008 incorporated by reference. D. Notice of Applicable Time Limits Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-OS-001 and CUP-08-005 -2- event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission maybe granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of June 17, 2008 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-08-001 and CUP-08-005 -3- / ~7 By ac 'ono the City Council at its regular meeting held on the day of 2008. COUNCIL MEMBER DAVID ZAREMBA VOTED__~~ COUNCIL MEMBER JOE BORTON VOTED_ j~~~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED ='~- (TIE BREAKER) ~~~~~ Mayor T de Weerd Attest: ~.~` .+ ~ ',`~~~i .* ~~ ~, ~~ ~r ~ ~ t i/1 Jaycee loran, City Clerk = B~ ~~ 9 Copy served upon Applicant, The Pr ~, ,~ ?'public Works Department and City ""~Hrrr~ ~e~N~`~. Attorney. Y~ Dated: ~ ~~ ~ ~~ ity Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-OS-001 and CUP-08-005 -4- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008 STAFF REPORT Hearing Date: June 17, 2008 TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner (208) 884-5533 SUBJECT: Trinity Assisted Living • RZ-08-001 E IDIAI~T~;y--- S Fi Rezone 0.32 acres from R-4 (low Density Residential) to O-T (Old Town) zoning district, by Elisha Ricky • CUP-08-005 Conditional Use Permit to operate a 24 hour Nursing Care Facility in a proposed O-T zoning district and conditional use approval to construct a 2,100 square foot addition to the existing residence that does not meet all of the criteria listed in the Downtown Meridian Design Guidelines, by Elisha Ricky. 1. SUIVIMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Elisha Ricky, is requesting a Rezone (RZ) of 0.32 acres from R-4 (Low-Density Residential) to O-T (Old Town) zoning district. Concurrently, the applicant is also requesting Conditional Use Permit (CUP) approval for two UDC requirements: 1) to operate a 24 hour nursing care facility and 2) construct a new 2,100 square foot addition to the existing residence that does not meet the Downtown Meridian Design Guidelines. Per UDC 11-2D-4D, all new construction and exterior modifications in the Old Town district shall be subject to administrative design review. The criteria for design review are set forth in the document, Downtown Meridian Design Guidelines (DMDG). Per UDC 11-2D-4D.3, any applications in Old Town that do not meet the criteria in the DMDG shall be subject to a Conditional use Permit (CUP). A CUP is required for the subject project because the proposed building addition and site layout does not meet all of the criteria listed in the Downtown Meridian Design Guidelines. The existing building is currently operating as an 8 person residential care facility and the owner is proposing to expand her business to operate as a 16 patient nursing care facility. Nursing Care Facilities are a prohibited use in the R-4 zoning district. Therefore the applicant is requesting O-T zoning which requires CUP approval and strict adherence to the specific use standards in UDC 11-4- 3-29. The subject site is located at 1353 W. 1St Street in Section 12, T3N R1W., and B.M. The subject property is within the corporate boundaries of the city. 2. SUMMARY RECOMMENDATION Staff has provided a detailed analysis of the requested RZ and CUP application below. Staff recommends approval of RZ-08-001 and CUP-08-005 for Trinity Assisted Living, as presented in the Staff Report for the hearing date of May 15, 2008, based on the Findings of Fact as listed in Exhibit D and subject to the conditions listed in Exhibit B. The Meridian Planning & Zoning Commission heard these items on Mav 1St and Mav 15 2008 At the uublic hearing the Commission moved to recommend aAnroval of the subiect RZ and CUP request a. Summary of Commission Public Hearin~• i. In favor: Doug McCleery. Hilda McCleery John Cole Mike Smith Daythun Cole ii. III OAAOS1t10II: Gavle Wilde Trinity Assisted Living RZ-08-001 and CUP-08-005 Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008 iii. Commenting: None iv. Written testimony: See below v. Staff presenting auulication: Bill Parsons vi. Other staff commenting on apulication: None b. Kev Issue(s) of Discussion by Commission: i. The uarkin~ stalls located in front of the site. c. Kev Commission Change(s) to Staff Recommendation• i. None d. Outstanding Issue(s) for City Council: i. Staff received a letter dated Anri130 2008 from a Ms Dianna Stacey eznlainin~ her reasons for denial of the uroiect. Staff did not receive the letter until after the Mav 15 hearing. A couy of the letter has been forwarded to the Clerk and Alaced in the file Approval After considering all Staff, Applicant, and public testimony, I move to approve File Numbers RZ-08- OOland CUP-08-005, as presented in the staff report for the hearing date of June 17, 2008, with the following modifications to the conditions of approval: (add any proposed modifications). Denial After considering all Staff, Applicant, and public testimony, I move to deny File Numbers RZ-08-001 and CUP-08-005, as presented during the hearing on June 17, 2008, for the following reasons: (you must state specific reasons for denial and what the applicant could do to obtain your approval in the future). Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Numbers RZ-08- 001 and CUP-08-005 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: 1353 West 1St Street (Parcel #89453000135) Trinity Assisted Living RZ-08-001 and CUP-08-005 page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008 Section 12, Township 3 North, Range 1 West. b. ApplicantlOwner: Elisha Ricky 1353 West 1St Street Meridian, ID 83642 c. Representative: Doug McCleery, Chesapeake Construction 14469 Big Horn Drive Nampa, ID 83651 d. Present Zoning District: R-4 (Low Density Residential) e. Present Comprehensive Plan Designation: Old Town f. Description of Applicant's Request: The Applicant is requesting to rezone the property from R-4 (Low Density Residential) to O-T (Old Town) zoning district and concurrently requesting Conditional Use Permit (CUP) approval to operate a 24 hour nursing care facility and construct a new 2,100 square foot addition to the existing residence that does not comply with the Downtown Meridian Design Guidelines. g. Description of Applicant's Justification for RZ and CUP Approval: "The building is currently a residential assisted care facility consisting of seven beds. We are proposing to add 2,100 square feet to the existing building for an additional five bedrooms and nine beds. Since there is inadequate room for parking in the rear, we asked the building be rezoned to Old Town and provide parking in the front with eight parking stalls and fencing as shown on the site drawing. We feel that rezoning to Old Town would be consistent with the current use and look of the building, while providing the opportunity for the property owner to expand and provide a much needed service in the area." See the applicant s nan^ative submitted with the CUP application and Section 10, Analysis, belowfoY mote infoYmation. 5. PROCESS FACTS a. The subject application will, in fact, constitute a rezone as determined by City Ordinance. By reason of the provisions of UDC 11-2A-2D, a public hearing is required before the Commission and the City Council on this matter. b. The subject application will, in fact, constitute a conditional use as determined by City Ordinance. By reason of the provisions of Idaho Code, Title 67, Chapter 65, and UDC 11-SA-2D, a public hearing is required before the Commission and City Council on this matter. c. Newspaper notifications published on: April 14, and 28, 2008 Planning and Zoning Commission; May 26, 2008 and June 9, 2008 City Council d. Radius notices mailed to properties within 300 feet on: April 4, 2008 Planning and Zoning Commission; Mav 23.2008 City Council e. Applicant posted notice on site by: April 21, 2008 Planning and Zoning Commission; June 7, 2008 City Council 6. LAND USE a. Existing Land Use(s): Asingle-family residence being used for an eight bed/person residential Trinity Assisted Living RZ-OS-001 and CUP-08-005 Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008 care facility. b. Description of Character of Surrounding Area: This azea is primarily single family homes and maintains a residential character. c. Adjacent Land Use and Zoning 1. North: Single Family Residence; zoned R-4 2. East: Single Family Residence; zoned R-4 3. South: Single Family Residence; zoned R-4 4. West: Single Family Residence; zoned R-4 d. History of Previous Actions: N/A e. Existing Constraints and Opportunities 1. Public Works Location of sewer: 8 inch service line on the west side of the property. Location of water: N.W. ls` Street. Issues or concerns: The applicant will need to upsize the e~sting water service line to accommodate for higher water demand due to adding additional occupants. 2. Vegetation: There aze some existing trees on the subject properties that should either be preserved or mitigated for in accordance with UDC 11-3B-1OC5. See Analysis, Section 10 for more information. 3. Floodplain: NA 4. Canals/Ditches Irrigation: NA 5. Hazazds: No hazards aze known to exist on the site 6. Existing Zoning: R-4 (Low Density Residential) 7. Lot Size: 0.26 of an acre f. Conditional Use Information: 1. Non-residential square footage: 2,100 squaze feet addition and 2,200 square feet of existing structure. 2. Hours of Operation: 24 hours a day 3. Request to establish a Nursing Care Facility for 16 patients on the site. g. Off-Street Pazking: O.S per dwelling unit. 1. Pazking spaces required: 8 2. Pazking spaces provided: 8 h. Landscaping 1. Width of street buffer(s): NA (street buffers aze not required in the O-T district) 2. Width of buffer(s) between land uses: NA (buffers between land uses aze not required in the O-T district) 3. Other landscaping standazds: See 11-3B-8, Parking Lot Landscaping, for internal parking lot landscaping requirements. Trinity Assisted Living RZ-08-001 and CUP-08-005 Page 4 i i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008 i. Required dimensional standards for the O-T zone, per UDC 11-2D-4: - Maximum building height: 75' - Minimum number of stories for new construction: 2 - All new construction and exterior modifications shall be subject to administrative design review in accordance with the criteria set forth in the Downtown Meridian Design Guidelines (DMDG). Applications (such as this one) that do not meet the criteria in the design guidelines shall be subject to a CUP. j. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to this site is proposed from W. 1st Street. 7. COMMENTS MEETING On April 11, 2008, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present included: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian, and the Sanitary Services Company. Staff has included comments, conditions, and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Old Town." Old Town is defined in the Comprehensive Plan as follows: "This includes the historic downtown and the true community center. Uses would include offices, retail and lodging, theatres, restaurants, and service retail for surrounding residents and visitors. A variety of residential uses could include reuse of existing buildings for residential uses, new construction of multi-family residential over ground floor retail or office uses. In order to provide and accommodate preservation of the historical character, specific design requirements may be imposed. Pedestrian amenities would be emphasized. Public investment to ensure that Old Town becomes a centralized activity center with public, cultural, and recreational structures would be encouraged. The boundary of the Old Town district predominantly follows Meridian's historic plat boundaries. In several areas, both sides of a street were incorporated into the boundary to encourage similar uses and complimentary design of the facing houses and buildings." Staff fords that the proposed use of the property as a Nursing Care Facility complies with the applicable provisions of the Comprehensive Plan and furthers the goals and objectives set forth therein. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • Chapter V, Goal III, Objective D, Action 3 (page 43) -Require all new parking lots to provide landscaping in internal islands. The site plan depicts internal parking lot landscaping on the site in compliance with the standards listed in UDC Il-3B-8. • Chapter VII, Goal IV, Objective D, Action 2 (page 114) -Restrict curb cuts and access points on collectors and arterial streets. This site is not proposing access to an arterial. Access to the site is proposed from W. 1st Street, a local road. • Chapter IV, Goal I, Objective A, Action 6 (page 26) -Permit new residential, commercial, or industrial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. Trinity Assisted Living RZ-08-001 and CUP-08-005 Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008 The subject property lies within the boundaries of the City of Meridian and is provided with City services. • Encourage compatible uses to minimise conflicts and maximize use of land. (Chapter VII, Goal IV) The applicant is currently operating as an 8 person residential care facility. To staff's knowledge no complaints have been registered against the property or the owner. Staff believes that the proposed use should be compatible with existing uses in the area. Staff believes that the proposed use is consistent with the Comprehensive Plan and is compatible with the surrounding uses. See Section 10 below pertaining to the subject CUP request pertaining to compliance with the Downtown Meridian Design Guidelines. Staff recommends that the Commission rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's request is appropriate for this property. 9. ZONING ORDINANCE a. Allowed Uses in Traditional Neighborhood Districts: UDC Table 11-2D-2 lists the permitted, accessory, and conditional uses in the O-T zoning district. Nursing or Residential Care Facilities are a conditional use in the O-T zoning district. Furthermore, the applicant cannot comply with all of the criteria of the DMDG and requires CUP approval as well. b. Purpose Statement of Zone: Per UDC 11-2D-1, the purpose of the traditional neighborhood districts is to encourage mixed use, compact development that is sensitive to the environmental characteristics of the land and facilitates the efficient use of services. Vertically integrated residential projects are encouraged in all traditional neighborhood districts. A traditional neighborhood district diversifies and integrates land uses within close proximity to each other, and it provides for the daily recreational and shopping needs of the residents. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the RZ and CUP request as proposed, with the following comments: REZONE: As mentioned earlier, the applicant is proposing a 2,100 square foot addition to the existing single family home on the site to operate a 24 hour Nursing Care Facility. The total square footage of the facility will be approximately 4,300 square feet. The applicant is requesting a rezone of this property because the proposed Nursing Care Facility is a prohibited use in the existing R-4 zoning district. The O-T zoning district allows Nursing Care Facilities as a conditional use in accordance with UDC 11-2D-2. The Old Town zoning district allows for a diverse mix of uses within the comprehensive plan boundaries. Staff believes rezoning this property to O-T is appropriate and contributes to the revitalization of the Old Town area. Based on the policies and goals contained in the Comprehensive Plan and compliance with the Unified Development Code for the O-T zone, Staff believes that the rezoning of this property to O-T is in the best interest of the City. Please see Exhibit D for detailed analysis of the facts and findings of the rezone. The rezone legal description submitted with the application (prepared on March 6, 2008 by Walter L. Neitz, PLS) shows the property within the existing corporate boundary of the City of Meridian. Development Agreement (DA): UDC 11-SB-3D2 provides the Planning & Zoning Commission and City Council the authority to require a property owner to enter into a DA with the City of Trinity Assisted Living RZ-08-001 and CUP-08-005 Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JiJNE 17, 2008 Meridian that may require some written commitment for all future uses. Due to the small size of the subject property and the Applicant's intent to improve the subject site, Staff believes that a DA is not necessary in this instance. However, if the Commission or Council feels that a DA is necessary to ensure that this property is developed in a fashion that is consistent with the Comprehensive Plan and does not negatively impact nearby properties; Staff recommends a clear outline of the commitments of the developer being required. CUP: The applicant is requesting CUP approval for two requirements of the UDC. UDC 11-2D-2 requires a CUP for Nursing Care Facilities in an O-T zone. In addition, all building modifications/additions are subject to compliance with the Downtown Meridian Design Guidelines and design review approval. If the proposed addition/modification does not comply with the Guidelines, CUP approval is required (UDC 11-2D-4D). Further, the proposed use shall comply with the specific use standards of the. UDC regarding Nursing or Residential Care Facilities. Specific Use Standards for Nursing or Residential Care Facilities per UDC 11-43-29: A. General standards: 1. If the use results in more than ten (10) persons occupying a dwelling at any one time, the applicant or owner shall concurrently apply for a change of occupancy as required by the building code in accord with title 10 of this code. The applicant is proposing to house up to 16 patients on the site which will require a change of occupancy. 2. The owner andlor operator of the facility shall secure and maintain a license from the state of Idaho department of health and welfare, facility standards division. The applicant is currently operating as an 8 patient care facility. The applicant should provide staff a copy of the State License prior to issuance of a CZC for the site. B. Additional standards for uses providing care to children and juveniles under the age of eighteen (18) years: Not applicable. 1. All outdoor play areas shall be completely enclosed by a minimum six foot (6') nonscalable fence to secure against exitlentry by small children and to screen abutting properties. The fencing material shall meet the swimming pool fence requirements of the building code in accord with title 10 of this code. Not applicable. 2. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any required yard. Not applicable. 3.Outdoor play areas in residential districts or uses adjacent to an existing residence shall not be used after dusk. Not applicable. C. Additional standards for uses providing care to patients who suffer from Alzheimer's disease, dementia or other similar disability that may cause disorientation: Abarrier with a minimum height of six feet (6'), along the perimeter of any portion of the site that is accessible to these patients shall be provided. The fencing material shall meet the swimming pool fence requirements of the building code in accord with title 10 of this code. (Ord. OS-1170, 8-30-2005, eff. 9-15-2005) The site is not currently housing dementia patients. An existing Ci-foot slatted chain link fence surrounds the perimeter of the site. The applicant is proposing to replace the 6 foot chain link fence along the front of the property with a 4 foot solid vinyl fence to enhance the front area of the propel-ty. At this time, the applicant is not proposing to house dementia patients; however Staff is recommending the Trinity Assisted Living RZ-08-001 and CUP-08-005 Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008 applicant provide 6 foot vinyl fencing from the southeast and northeast corners of the proposed new addition to meet this requirement; so in the future if the applicant does decide to house dementia patients the site will be in compliance with the UDC. UDC 11-2D-4D requires CUP approval for projects that do not comply with the Downtown Meridian Design Guidelines. The applicant is proposing to construct a new 2,100 square foot addition to the existing building on the subject property. All new construction and exterior modifications in the O-T district are subject to administrative design review in accordance with the standards listed in the Downtown Meridian Design Guidelines (DMDG). Because the applicant is unable to comply with all of the Downtown Meridian Design Guidelines (DMDG) in the O-T zoning district, a CUP is required. Dimensional Standards: Currently, the only development standards in the O-T district are as follows: (Staff's comments are in italics) - Maximum building height: 75' (The proposed addition does not exceed the maximum height requirement.) - Minimum number of stories for new construction: 2 (The applicant is proposing a one story addition to be compatible with the existing building on the site.) - All new construction and exterior modifications shall be subject to administrative design review in accordance with the criteria set forth in the Downtown Meridian Design Guidelines (DMDG). Applications (such as this one) that do not meet the criteria in the design guidelines shall be subject to a CUP. (The applicant cannot comply with all of the design guidelines, thus the reason for the CUP request. See below for the specific items that the applicant cannot comply with.) Design Guidelines: The Downtown Meridian Design Guidelines were mainly intended for mixed-use buildings within the City's core. However, as currently written in code, all O-T zoned property is subject to the standards. Below is a list of the design guidelines applicable to this site: (Staffs comments in italics) 1. Setbacks: All new buildings must have first floor facades built to the public right-of--way at the street sides and to interior lot lines (exceptions may be considered at interior lot lines for pedestrian paths and existing adjacent buildings with windows, and for civic and community buildings and pubic spaces). The applicant is proposing to match the existing structure on the site. Currently the existing structure is located 10 feet from the rear property line and the new addition is showing approximately 44 feet from the front property line. In order to accommodate the parking requirements for the site, the applicant has to maintain a front setback to meet the dimensional standards of the parking stalls in accordance with UDC 11-3C-S.AII of the other structures in this area also have similar setbacks. 2. Building Orientation: All developments in the Downtown District shall be oriented to the street. The requirement is met when: a. Buildings have their primary entrance oriented toward the street. The buildings primary entrance is located on the north side of the building facing a court yard area for the residents of the building, which does not comply with this requirement. Because the applicant may house dementia patients; staff believes that not having the primary entrance be oriented toward the street is warranted. b. Second story uses, not associated with the ground floor use, must have their primary entrances on the street side; a secondary entrance/exit may be located on the rear. There is only one primary use proposed for the site. Trinity Assisted Living RZ-08-001 and CUP-08-005 Page 8 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008 c. Off-street parking, driveways, and other vehicular circulation shall not be placed between the building and the street. The off-streetparkingfor this site is proposed at the front of the building, which does not comply with this requirement. Furthermore, there is not an alley behind the subject site to accommodate parking in the rear. d. Service areas for new buildings will be located at the rear including loading, recycling, garbage, meters, mechanical equipment, etc. Service areas will be screened from view to the height of the equipment with decorative walls compatible with the building facade if visible from the street. The applicant is proposing the trash enclosure be in front of the site as depicted on the site/landscape plan, which does not comply with this requirement. After speaking with the applicant, Staff was informed SSC is requiring metal dumpster for the site. Staff believes it would not be feasible to relocate the trash enclosure to meet SSC requirements. Screening the said enclosure should be in accordance with UDC 11-3A-12.A site plan stamped "approved" by SSC should be submitted with the CZC application for this sites e. Rooftop mechanical equipment must be screened to the height of the equipment with allowable exterior materials. Per the applicant, no rooftop mechanical equipment is proposed. 3. Building Height and Form: All development in the Downtown District shall meet the following limits of height and form: a. Height: i. Minimum height at street-side fagade: 2stories/40 feet ii. Maximum height at street-side fagade: 3stories/60 feet iii. Maximum height at 10 feet behind street-side fagade: 4stories/75 feet The building is proposed to be a single-story building to match the existing building on the site, which does not comply with the minimum and maximum height requirements. Staff believes that single story addition would be more appropriate with the surrounding residential structures in the area. b. Form: i. Street-side facades must include a parapet whether a flat roof or pitched roof is used. The roof of the proposed structure does not have a parapet; the building is proposed to have a pitched roof only, which does not comply with this requirement. Staff' is not recommending that the applicant be required to provide a parapet on the proposed structure because the addition is keeping with the existing building and the surrounding structures in the neighborhood ii. Facades stepped back 10 feet or more may have a shaped roof profile without a parapet, but must not exceed height limit. Not applicable. iii. Form may include corner elements at street intersections only, such as towers, projecting bays, etc. but must not exceed height limit. Not applicable. iv. Ground level building corners, on corner lots only, may be chamfered a distance of 10 feet maximum from the corner property line for corner entries. Not applicable. v. Balconies and bay windows may project beyond the fagade up to 6 feet if at least 15 feet above ground. There are no balconies or bay windows proposed with the submitted elevations. Trinity Assisted Living RZ-08-001 and CUP-08-005 Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008 4. Fagade Treatment, Entrances, Roofs: All developments in the Downtown District will meet the following requirements for facade treatments: a. First floor street facing facades: Facades must contain no less than SO% glass. Storefronts must follow the proportioning system (All first floor street-facing facades must be constructed such that storefronts can be added to allow flexibility of use over time.) Glass must be clear with no tinting or reflectivity. Window frames must be recessed from the face of the finished wall a minimum of 4 inches. Non-glass materials may be one or a combination of the following materials: stone or brick masonry, tile, or stucco (concrete masonry is prohibited). Paneled painted wood may be used within the storefront if detailed in a historically compatible manner. Active doors are recommended approximately every 25 feet or as close as feasible for the project. Window headers and sills are encouraged. Belt coursing at 12 feet to 20 feet above the ground is encouraged, especially if matching an adjacent building.) The elevations facing W. 1~` Street depict less than 50% glass, which does not comply with this requirement Masonite siding is proposed on the wall surfaces, which does not comply with this requirement The building is proposed as a Nursing Care Facility; thus, additional storefronts and doors are not planned to be added in the future. However, Staff believes the applicant could dress up the street facing fagade to include materials referenced in the design guidelines. Staff is recommending the applicant incorporate larger windows (3X3) and a add brick or stone accents along the entire east facade of the building. b. Street-facing facades above first floor: Street-facing facades above the first floor shall have no less than 20% glass. Windows shall be vertical in proportion and frames recessed from the face of the finished wall be a minimum of 4 inches. Acceptable wall materials include stone or brick masonry, tile, and stucco (concrete masonry is prohibited). The applicant is not proposing atwo-story building on the site; therefore this requirement is not applicable. c. Screening: On grade screen walls shall be constructed of materials similar to those of the building facade if visible from the street. Roof-top screening materials shall be compatible with building facade materials. No rooftop mechanical equipment is proposed. d. Parapets: Parapets are required and must have a shaped cap of no less than 6 inches vertical, projecting no less than 1 inch horizontal. Decorative elements of parapets may exceed height limits by 4 feet maximum, and are restricted to 50% of the parapet length. Parapets are not proposed on the building and Staff is not recommending that they be provided. e. Projecting cornices: Projecting cornices, if used, must be consistent or compatible with historic structures of the turn of the 20~` century. Cornices are not proposed and are not required. f. Awnings: Retractable fabric awnings or permanent canopies for sun protection and the creation of protected sidewalk space are encouraged. Temporary and permanent awnings of plastic fabric are not allowed. Awnings are not proposed and are not required. 5. Mid-Block Pedestrian Pathways: All developments in the Downtown District will meet the following requirements for mid-block pedestrian pathways, if those pathways are deemed necessary by the applicant/owner. A mid-block pedestrian pathway is not Trinity Assisted Living RZ-08-001 and CUP-08-005 Page 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008 proposed by the applicant. Staff does not believe that one is necessary or feasible in this area because of the existing residential neighborhood and zoning in the area. 6. Streetscape Design: Note: Streetscape Designs in the Downtown District are in the process of being developed in conjunction with Ada County Highway District. Until specific new streetscape standards are developed, streets and sidewalks shall be built to be compatible with streetscape improvement built in 1991-1993, and as specified by ACHD. Not Applicable. 7. Landscaping: Until specific new streetscape standards are developed, streets and sidewalks shall be built to be compatible with streetscape improvement built in 1991- 1993, and as specified by ACRD. Because of the location of this site, streetscape standards are not applicable. However, the applicant is required to comply with the parking lot landscaping requirements of the UDC. S. Parking: No off-street parking is required. If off-street parking is provided, the applicant shall provide accessible spaces as per federal accessibility standards and the standards for parking stall size in UDC Table 11-3C-5. Off-street parking is allowed only at the rear of buildings not visible from streets and in parking structures. Off-street parking is not feasible for this site because of the location of the existing structure and there is no alley way at the rear of the site. However, the applicant is proposing parking in front of the building and complies with the dimensional standards in UDC 11-3C-S. Building Elevations: Building elevations for the proposed building were submitted with this application, prepared by Roger Gamble, dated 12/6/07, labeled as Sheet A2, and are included in Exhibit A. Exterior materials are proposed to be masonite siding and architectural shingles to match the existing structure on the site. Because the submitted elevations do not comply with a majority of the Downtown Meridian Guidelines, the project is subject to CUP approval. Staff believes the applicant should add additional architectural features to the east facing elevations. Staff is recommending increasing the three window sizes to a 3 z 3 and adding a brick or stone accents along the entire east fagade of the building. If these changes are made, staff is generally supportive of the building elevations. Access: The site fronts on W. ls` Street with the associated parking for the site located in front of the building as well. Staff has concerns with the parking located in front of the site because visitors of the facility will have to back out across a public sidewalk onto a public street. However, staff believes the. traffic generated and the amount of visitors to the site should be very limited based on the proposed use. Staff is recommending the applicant post signage on the site cautioning visitors to watch for pedestrians as they back out of the parking stalls onto 1$` Street. Said signage should be placed in front of the parking stalls adjacent to the 4-foot vinyl fence. Parking: There are no parking requirements for the Old Town district. However, UDC 11-3C-6 requires 0.5 spaces per dwelling unit for nursing or residential care facilities. The site is expected to expand from 8 patients to 16 patients thus requiring a minimum of 8 on site parking stalls. The submitted site plan shows the required 8 parking stalls dimensioned in accordance with UDC 11- 3C-5. In addition, a bicycle rack is required to be installed on the site that is capable of holding a minimum of 1 bicycle and should comply with the standards listed in UDC 11-3C- SC. Landscaping: As mentioned earlier, there are no landscape buffer requirements for the Old Town District. However, the applicant is proposing to expand the structure and improve the parking lot Trinity Assisted Living RZ-08-001 and CUP-08-005 Page 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008 for the site. Revisions to the site/landscape plan are discussed below and conditioned in Exhibit B. Site/Landscape Plan: Staff has reviewed the site/landscape plan, prepared by Roger Gamble Associates, dated 12/06/07, labeled as Sheet AA, submitted with this application. The following items should to be shown on a revised site plan submitted with the Certificate of Zoning Compliance application: There is mature landscaping on the site that should remain and be protected during construction. Any existing on-site tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of those removed. Required landscaping trees will not be considered as replacement trees for those that are removed. The Applicant should coordinate a mitigation and protection plan with Elroy Huff at the Meridian Parks Department This should be included on an updated landscape plan submitted with the CZC application. Per UDC 11-3B-8C2a, landscape planters shall contain a minimum of 50 square feet and shall not be less than 5 feet in any dimension, measure inside curbs. Said planters shall be planted with a minimum of 1 tree and low shrubs, lawn, or other vegetative groundcover. The two planters adjacent to the parking stalls are in compliance with the dimensional standards; however perms bark does not satisfy the landscaping requirements. Staff is recommending the applicantprovide lawn or additional shrub plantings touching at 70 percent of maturity in said buffers. Per UDC 11-3B-SH the use of permabark as the only groundcover is prohibited. The submitted site/landscape plan shows permabark to be used along the east and north sides of the building. The applicant is proposing trees and shrubs along the east side of the site however 7 shrubs are proposed along the foundation of the 2,100 square foot addition. Staff is recommending the following requirements:. four additional trees and additional plantings touching at 70 percent of maturity or plant 4 additional trees and replace the permabark along the northern boundary with lawn. Furthermore, staff believes additional trees (1 every 35 linear feet) should be planted along the west and south to provide additional screening for the residents along those boundaries. If these changes are made, staff is supportive of the landscaping proposed for the site. Hours of Operation: The applicant is proposing a 24 hour nursing care facility on this site. Staff is supportive of the 24 hour use for the site. Certificate of Zoning Compliance (CZC): A CZC application is required to be submitted to the Planning Department for approval prior to issuance of building permits for the proposed building on this site. The applicant should submit revised plans that comply with the conditions of approval listed in Exhibit B of this staff report, with the CZC application. All improvements must be installed prior to occupancy. b. Staff Recommendation: Staff recommends approval of RZ-08-001 and CUP-08-005 for Trinity Assisted Living, as presented in the Staff Report for the hearing date of May 15, 2008, based on the Findings of Fact as listed in Exhibit D and subject to the conditions listed in Exhibit B. The Meridian Planning & Zoning Commission heard these items on Mav l8t and Mav 15.2008. At the uublic hearing the Commission moved to recommend aouroval of Trinity Assisted Living RZ-OS-001 and CUP-08-005 Page 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008 the subiect RZ and CUP request. The M ridian itv o ~nc~l h arri thPea itame n.. T.... , ~ 008. At the nubh hearm he .ounc'1 annroved he ~bie t 7, and TP r . gyp. 11. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Site/Landscape Plan (prepared by Roger Gamble, dated 12/06/07, labeled Sheet AA) 3. Floor Plan for the Addition 4. Building Elevations (prepared by Roger Gamble, dated 12/06/07, labeled Sheet A2) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company C. Legal Description and Exhibit Map D. Required Findings from the Unified Development Code Trinity Assisted Living RZ-08-001 and CUP-08-005 Page 13 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008 A. Drawings 1. Vicinity Map 424 314 R-g ~O 220 104 - - 20 ~ ~ L-O RUT 34 ^ j '~ _; ~ 303 - 1649 -_ _ _- w~ i i ~..~-,lw' 1648 1645 ~ N r. u, n ~ n N f% 1635 I `- e~ ev ^~ m ;'{v 1616 1633 ?632 I jay.. 161 ~;~ ~ 317 _ - ~- " .1612 1625 1624 1625 - -~ -Q ~ _ J1624--- 1615 ~ 1608 1615 1618 1608 ___i 1606 9607 1546 1b11 .1603 ! ~ 1608" Aba 1536 1533 1536 1535 1524 1535 ~ g ~ 1.526 1523 1528 1523 - ~-~_~'-~ 1430 1516 1513 1520 1522 1519 _~- .1406 1506 9505 1501 i 1508 1505----- 1394 1432 1501 1502 1435 --- ~ -- ` ~ ~~ 1370. R-g 1433 1434 1432 1431 1434 ~ 1423 _{ 1348 1425 1426 1419 1424 1421 1428 ~ -__------~ 428 334 ZOg 1418 1411 1419 1422 1809 c~ 1410 1414 a- 1405 1403 to h r in in 1404 1402 v t ~ n ~i e~+y e~ t~ 1336 1353 1332 ~ 1335 1332 1329 ''~y 1326 1323 --- -~ 1323 1313 "'j 9 ~ E 1324 C- 1324 1320 1319 --~ j-- - - E 1316 r: j,_aj 1308 1319 1303 338 330 ~ ~ ~ ~ ~ ~ .132 ' ~~ --- 339 331 ~ X1304 1y34 - .1303 ~ L 133 1231. 37 ~ R-irJ 1233 1 l L ~ 1225 ~ ,313 ~ ~ e~ e~ N ~ ~y ~a~o 1217 1222 1223 1220 ~.. m Q 1212 M jrj M N N N N N N 1205 r N M~ L-C •- ~ 1204 - 8 7~~j 335 319 309 303 231 211 127 ~ 103 1130 1127 r, ~ vy~ 1131 '~ 1122 1124 1121 P N a' (~'-~' ,~ 410 1108. 1112 1113 ~ ~ ~ 1115 36 1105 r n ~ E - 1030 1010, '~ N 926. ~ 918 929 1035 918 ! 921 ~ .922 1029 .1023 1015 N N M 1010 ~ ~ N ~o ~ 911 0 d O ~ M M .- in p .- 13 N N v a ,'~ in a a Exhibit A Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008 2. Site/Landscape Plan Exhibit A Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008 3. Floor Plan for the Addition Exhibit A Page 3 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE I7, 2008 3. Building Elevations ~° e' essay. ~~ Exhibit A Page 4 i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JiJNE 17, 2008 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 REZONE CONIMENTS/PROVISIONS 1.1.1 The rezone legal description submitted with the application (prepared on March 6, 2008, by Walter L. Neitz, PLS) is approved. 1.1.2 Any future subdivision, uses, and construction on this property shall comply with the City of Meridian ordinances in effect at the time of permit submittal. 1.2 CONDITONAL USE PERMIT 1.2.1 The site/landscape plan, prepared by Roger Gamble, dated 12/6/07, is approved with the following modifications: • Place "Caution Pedestrian" signs in front of the parking stalls adjacent to or on the 4-foot vinyl fence. • The Applicant should coordinate a mitigation and protection plan with Elroy Huff at the Meridian Parks Department. This plan shall be included on an updated landscape plan submitted with the CZC application. Per UDC 11-3B-8CZa, landscape planters shall contain a minimum of 50 square feet and shall not be less than 5 feet in any dimension, measure inside curbs. Said planters shall be planted with a minimum of 1 tree and low shrubs, lawn, or other vegetative groundcover. The two planters adjacent to the parking stalls are in compliance with the dimensional standards; however perma bark does not satisfy the landscaping requirements. The applicant shall provide lawn or additional shrub plantings touching at 70 percent of maturity in said planters. Per UDC 11-3B-SH the use of permabark as the only groundcover is prohibited. The submitted site/landscape plan shows permabark to be used along the east and north sides of the building. The applicant is proposing trees and shrubs along the east side of the site however 7 shrubs are proposed along the foundation of the 2,100 square foot addition. The applicant shall meet the following requirements: provide four additional trees and additional plantings touching at 70 percent of maturity or plant 4 additional trees and replace the permabark along the northern boundary with lawn or other vegetative material. In addition, the applicant shall plant additional trees (1 every 35 linear feet) along the west and south sides of the property to provide additional screening for the residents along those boundaries. • Provide 8 parking stalls on the site as proposed. • Provide a bicycle parking rack on the site in compliance with the standards listed in UDC 11-3C-SC. • Provide 6-foot vinyl fencing at the southeast and northeast corners of the new addition and connecting to the existing 6-foot slatted chain link fence. 1.2.2 The building elevations, prepared by Roger Gamble, dated 12/6/07, are approved with the following modifications: • In lieu of full compliance with the Downtown Meridian Design Guidelines, the applicant shall modify the street facing facade to include materials referenced in the design Exhibit B Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008 guidelines. The applicant shall incorporate lazger windows (3X3) and add brick or stone accents along the entire east facade of the building. 1.2.3 The applicant shall submit a Certificate of Zoning Compliance application with revised plans that comply with the conditions of approval listed herein, prior to issuance of building permits for the proposed building. 1.2.4 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 1.2.5 No new signs are approved with this CUP application. All business signs require a sepazate sign permit in compliance with the sign ordinance (UDC 11-3D). 1.2.6 The Applicant shall have a maximum of 18 months to commence the use as permitted in accord with the conditions of approval listed above. If the business has not begun within 18 months of approval, a new conditional use permit must be obtained prior to operation. 1.2.7 The Nursing Care Facility may operate as a 24 hour caze facility, as proposed. 1.2.8 The site shall comply with all of specific use standazds in accordance with UDC 11-4-3-29. 1.2.9 The applicant shall submit a copy of the Health and Welfare License with CZC submittal. 1.2.10 The applicant shall submit an approved site plan from Sanitary Services Company (SSC) with the Certificate of Zoning Compliance application. 1.2.11 The applicant shall apply for change of occupancy in accordance with UDC 11-4-3-29. 2. PUBLIC WORKS DEPARTMENT 2.1 Applicant shall be required to pay any Public Works development plan review, and construction inspection fees, as determined during the plan review process. 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 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface aze required before combustible construction is brought on site. 3.3 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.4 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.5 There shall be a fire hydrant within 100' of all fire department connections. 3.6 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout Exhibit B Page 2 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008 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). 3.7 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. 3.8 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.9 The applicant shall comply with the IBC and IFC requirements of the I-2 occupancy classification. 3.10 The building on the site shall require a NFP 13R or 13D sprinkler system and fire alarm system. 3.11 The applicant shall comply with the State of Idaho's Health and Welfare requirements regarding Nursing Care Facilities. 4. POLICE DEPARTMENT 4.1 The Police Department did not submit comments on this application. 5. PARKS DEPARTMENT 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (LJDC 11-3B-10) will be followed. 6. SANITARY SERVICES COMPANY 6.1 Please contact Doug Mason at SSC (888-3999) for detailed review of your proposal prior to the public hearing. There is a concern that the required modifications may significantly impact your site design and may require a revised site plan. If the site plan is revised, contact the planner assigned to the project immediately to discuss the changes and how to proceed with the revised site plan. Exhibit B Page 3 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JiJNE 17, 2008 C. Legal Description and Exhibit Map FlnlGnftsd8ourrdav~Tes.lme. dbaA,Ial Land Surveygn~; & ~~Y~1 Euginee L ~ it8sw t~nst. ~ ~+~di~n,tdaho 836ta • t+~-SS§ 9no1 Ru LEGAL DESCRIPTION FOR DOUG McCLEARY CHESAPEAKE CONSTRUCTION REZONING FROM RESIDENTIAL TO OLD TOWN The Following describes a parcel of real property for the purpose of a rezone, situate within the Northeast Quarter of the Northeast Quarter, Section 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Meridian, Idaho, Lot 8, Block 1, Western Subdivision, Book 24, Page 1498, Ada County Record'sp and also the west 30.{10 feet of a portion of West First Street, being mare particularly descn'bed as follows: BEGllVNIi~TG at the Northwest corner of said Lot 8, thence, along the Northerly boundary line of said Lot 8, North 89°49'35" East, 140,00 feet to the Northeast comer of swirl Lot 8, also lasing the Westerly right-of-way of Wit First Street; Thence, departing said Westerly right-of-way, continuing North 89°49'35" Fast, 30.00 feet to the centerline of said Vilest First Street; Thence, along said centerline, South 00°20'30" East, 83.00 fee#; Thence, departing said centerline, South 89'49'35" West, 30.00 feet to the Southeast corner of said Lot 8, also being on said Westerly right-of-way of West First Street; Thence, aiang the Southerly boundary line of said Lot 8, continuing South 89°49'35" West,140.00 feet to the Southwest corner of said lot 8; Thence, slang the Westerly boundary line of said Lot 8, North 00°20'30" West, 83.00 feet, to the POINT OF $EGINMNG, comprising 0.324 acres or 14,100 square feet more or less. SUBJECT TO: AII easements or reservations appearing on the above-described parcel of real property. ~~ ~~Qe~ `,8oa~ Exhibit C Page 1 CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEA~ DATE OF JUNE 17, 2008 d ---~ a N :. m .. .;. .~ o c , m 4~ U I I p ~ I G O ~ i U ~ ~ o m ~ ~~ ~ Y ~~ O6~ Z ~~ ~' U ~~ S y~~i 0 a ~ti~ ~~0 1 ° ~~~~ ~~~~m a ~~" v /, DLOCK 4 NIDAY'S SECOND ADDITION ~i `,~ e ~$... ~> °~ -- °~ so'(2} so'(2) ~ :~ m ° .. ~ ~wESTxnesTSraeE~- ,~ o ~ - Q.. ~ ~, ~saaov cso o ~~ 2 i, rj ~ .. Z ~, a ~ JVV 6V JV G '/~ W 83.00'(1) rL".. o. ~~ °o ~~ ~~ ~-'~~~ ~ °I to ~' ~ N ® ' p ti v*i Cl l ++ N i Q ' tt~~,, 6J 3 W ~~ ~ ~fY ~y U ~ l] a~ < ~ ~ a^w~j ,o JN ~ M Q ~ I ~ r ~ `\ ' ' ° a te, ~ ~ ~' I J I ~ ' soo 2o so E asa.oo'(~) o 0 83.00 (1} ~ ' ~ o' N00'20_30°W ~ soo~2o'ao n.o J ~ ~ _ a '" 0 N t+5 d- N ~ O O p [o ~ p ~ ti J J J ~` BLOCK 1 ~ WESTERN SUBDIVISION ~ a ~ VNEST SECOND STREET V ~ ~ ~° ~z ~ d'^_ N ~a ~~ ~~ I Exhibit C Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008 D. Require Findings in Accordance with the UDC 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to rezone the subject property to O-T. The Council finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council fords that future development of this property will comply with the purpose statement of the O-T zone, which encourages an appropriate mix of commercial and residential uses. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Council rely on any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 2. CUP Findings: The Commission and Council shall base its determination on the Conditional Use Permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located The existing site is large enough to accommodate the proposed use. However, the site and proposed addition do not comply with all of the development regulations of the O-T zoning district noted in the Downtown Meridian Design Guidelines (DNIDG). For this reason, a CUP is requested as required by UDC 11-2D-4D.3 for applications that do not meet the criteria of the DMDG. Furthermore, the O-T zoning district requires CUP approval for Nursing Care Facilities in accordance with UDC 11-2D-2 and strict adherence to the specific use standards in UDC 11-4-3-29. See analysis in Section 10 foY more information. Off-street parking is required at the ratio of 0.5 per dwelling unit. Eight off-street parking stalls are required for this site based on the number of beds (16) provided for the residents of the facility; eight are provided. The applicant complies with this requirement. Exhibit D Page 1 ® , CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008 Staff recommends the Council rely on Staff's analysis and any oral or written public testimony provided when determining if this site is large enough to accommodate the proposed use. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Council finds that the Comprehensive Plan Future Land Use Map designation for this property is Old Town. If the subject property is rezoned to O-T, then the site should comply with this designation. The proposed use is generally harmonious with the requirements of the UDC (See Sections 8 and 10 above for more information regarding the requirements for this use). 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Council finds that, if the Applicant complies with the conditions outlined in this report, the operation of the proposed use should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. Further, the Council believes that the proposed use will not adversely change the essential character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Council finds that, if the Applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. The Council should rely upon any public testimony provided to determine if the development will adversely affect the other property in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Council finds that the site will be adequately served by the previously mentioned public facilities and services. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the Applicant will be financing any improvements required for development. The Council finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors. The Council recognizes that traffic and noise is a concern; however, the Council does not believe that the amount generated by the proposed new use of the property will be detrimental to any persons, property, or the general welfare of the public. The Council does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. Exhibit D Page 2 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic, or historic feature considered to be of major importance. The Council fords that there should not be any health, safety or environmental problems associated with the proposed use that should be brought to the Council's attention. The Council finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic, or historic feature of major importance. Exhibit D Page 3 June 27, 2008 MERIDIAN CITY COUNCIL MEETING JUIy 1, 2008 APPLICANT ITEM NO. REQUEST License Agreement with Nampa Meridian Irrigation Disrict for the Black Cat Trunk Sewer Phase 4 Schedule B&C 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: St ff I 't' I COMMENTS See attached a~ro~re, a ni is s. Materials presented at public meetings shall become property of the City of Mertdlan. ,d ' ~ ® • LICENSE AC:itEEMENT LICENSE AGREEMENT, made and entered .into this ,~, day of 20Q8, by and among NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district or ized and existing under and by virtue of the laws of the State of Idaho, party of she first part, hereinafter referred to as the "District", and CITY OF M •,RIDIAN, 33 East Idaho, Meri lion, Idaho 83642 party or parties of the second part, hereinafter collecti rely Teferred to as the "Licensee", wb~~~s•S~s~~~ WHEREAS, Licensee is the owner of real prol arty/right-of-way for a sewer line (burdened with the easement of the District hereinafter mentioned) partic:tlarly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part i~ereof; and, WHEREAS, the District owns the irrigation ditch or canal known as HARDIN DRAIN (hereinafter collectively referred to as "ditch or canal"), an integral Bart of the District's irrigation works and system, together with the easement therefor to convey irrigation and drainage water, operate, clean, maintain, and repair the ditch or canal, and access the ditch or canal for those purposes; and, WHEREAS, said ditch or canal and easemer•~ crosses and intersects Licensee's real property as shown on Exhibit B attached hereto and by this refere tee made a part hereof; and, Wl iEREAS, the Licensee desires a license to c •zgage in construction or activity, or approve c ~istirg construction or activity, affecting said ditch or canal o• the District's easement in its course acxoss the lands of the Licensee in the manner and under the terms any rnnditions hereinafter set forth; and, WHEREAS, it is necessary that the District F oleo ditches and its right of way along its ditches; NOW, THEREFORE, for and in consideration. of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as fc Mows: 1. The Licensee shall have the right to modify the said ditch or canal or encroach upon the District's easement along said ditch or canal in the ma user generally described in the "Purpose of License" attached hereto ac Exhibit C and by this reference mr:3e a part hereof. Any modification of said ditch or canal by the Licensee or encroachment upon the Di~ .trio's easement along said ditch or canal shall be performed and maintained in accordance with the "Sir..ia1 Conditions" stated in Exhibit D, attached hereto and by this reference made a par' hereof. Any differer .~e or discrepancy between thr items listed in Exhibit C, ``Purpose of License," and any plans or drawings re.,erenced in or attached to L•xhibit D shall he resolved in favor of Exhibit C. I~icensec shall only be permitted or allowed to mcxlify the ditch or canal or encroach upon the District's easement as desc7ibed in Exhibit C •;ren if any pl=ots ar drawings referenrcd or attached to Exhibit D provide or show otherwise. +.. ~ t' 2. This ageement pertains only to the Licensee's modification of said ditch or canal or encroachment to the District's easement for the purpose x and, in the manner described herein. The Licensee shall not change the location of the ditch or cenal, bury'the ditch or canal in pipe, or otherwise alter the ditch or canal in any manner not described in this agreement without first obtaining the written permission of the District. 3. Each facility ("facility" as used in thi:~. ageement means any object or thing of any nature installed in or on the District's easement by the Licenses or the Licensee's predecessor in interest) shall be constructed, installed, operated, maintained, and repaired at all times by the Licensee at the cost and expense of the Licensee. 4. Licensee agrees to construct, install, o;-~erate, maintain and repair each facility and conduct its activities within or affecting the District's easemen: so as not to cronstitute or cause: a. a hazard to any person or pro,~erty; b. an interruption or interferencxi with the flow of irrigation water in the ditch or canal or the delivery of irrigation water by the District; c. an increase in seepage or any other increase in the loss of water from the ditch or canal; d. the subsidence of soil within •~r adjacent to the easement; e. any other damage to the District's easement and irrigation works. 5. The Licensee agrees to indemnify, hc~d harmless, and defend the District from all claims for damages arising out of any of the Licensee's constt~action or activity which constitutes or causes any of the circumstances enumerated in the preceding parafraph, 4.a. through 4.e., or any other damage to the easement and irrigation works which may be caused by ~e construction, installation, operation, maintenance, repair, and any use or condition of any facility. 6. Licensee agrees that the work performed and the materials used in such construction shall at all times be subject to inspection by the District anc~ the District's engineers, and that final acceptance of such work shall not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. 7. The District reserves the right, at the District's option, to remove any facility installed by the Licensee and to repair any alteration by the Licensee of said ditch or canal and the easement therefor which does not comply wiih the terms of this agreement, and t~ remove any impediment to the flow of water in said ditch or canal and any unsafe condition or hazard ca~,csed by the Licensee, at any time, and the Licensee agrees to pay to the District, on demand, the costs wh :ch shall be reasonably expended by the District for such purposes. If the Licensee shall fail in any respect ~o properly maintain and repair such facility, then the District, at its option, and without impairing or in anywise affecting its other rights and remedies hereunder, shall have the right to perform the nceessary maintenance and repairs and the Licensee agrees to pay to the District, on demand, the cost or expense which shall b ~ reasonably expended or incurred by the District for such purposes. The District shall give reasonable not ce to the Licensee prior to the Districts performing such maintenance, repair or other work except that in ; uses of emergency the District shall attempt to give such notice as reasonable under the circumstances. 1!=othing in this paragraph shall create or support any claim of any kind by Licensee or any third party againEi the District for failure to exercise the options stated in this paragraph, and Licensee shall indemnify, hold h,~nroless and defend the District from any claims made LICENSE AGREEMENT -Page B .,, ' against the District arising out of or relating to the ter~os of this paragraph except for claims arising solely out of the negligence of the District. x 8. Neither the terms of this agreement, ~c permission granted by the District to the Licensee, the Licensee's activity which is the subject of this agreement, nor the parties exerciise of any rights or performance of any obligations of this agreement, shad be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the j urisdiction of any federal, state, or other agency or official to the Districts ownership, operation, and maintenance of its ditches, canals, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this agreement. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this agreement or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction or, at the option of the District, this agreement shall be of no force and effect and the Licensee shall cease all activity and remove any facility authorized by this agreement. 4. In addition to all other indemnifica~aon provisions herein, Licensee further agrees to indemnify, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense (including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent acts or omissions of Licensee or its agents, contractors ~r subcontractors in performing the construction and activities authorized by this agreement. 10. The Licensee agrees that the District ~fiall not be liable for any damages which shall occur to any facility, structure, plant, or any other improv~~ment of any kind or nature whatsoever which the Licensee shall install on the said easement area of the '~3istrict in the reasonable exercise of the rights of the District in the course of performance of maintenance «r repair of said ditch or canal. The Licensee further agrees to suspend its use of the said easement area vrhen the use of the easement area is required by the District for maintenance or repair under this or any ot:~er paragraph of this agreement. 11. Licensee shall place no structures, pat~ways or landscaping of any kind above or within the District's easement area except as referred to in this agreement or exhibits hereto without the prior written consent of the District. Nor shall Licensee permit, autl~rize or grant any other person or entity to excavate, discharge, construct or place any structures, pathwaysor landscaping within the District easement without the prior written consent of the District. 12. Should either party incur costs or att*~rney fees in connection with efforts to enforce the provisions of this agreement, whether by institution of'quit or not, the party rightfully enforcing or rightfully resisting enforcement of the provisions of this agreen' ent, or the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reF;.sonable attorney fees from the other party. 13. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purses of the irrigation works and system of the District by this agreement, nor to grant any rights in its irrigation works and system incompatibl: with the uses to which such irrigation works and system are devoted and dedicated and that this contr~ict shall be at all times construed according to such principles. LICENSE AGREEMENT -Page 3 .. ., ~.. o ~ 14. Nothing herein contained shall be construed to impair the right of way of the District in the said ditch or canal and all uses of said ditch or canal by ;:he Licensee and the license herein provided therefor shall remain inferior and subservient to the rights of the District to the use of said ditch or canal for the transmission and delivery of irrigation and drainage v~ater. r• 15. In the event of the failure, refusal or n~glect of the Licensee to comply with all of the terms and conditions of this agreement, the license of the Licensee under the terms hereof may be terminated by the District, and any facility, structure, plant, or any ocher improvement in or over said ditch or canal, and the right of way therefor, which may impede or restrict;the maintenance and operation of such ditch or canal by the District with its equipment for the maintenancecee of its said ditch or canal may be removed by the District. 16. The Licensee agrees to pay attorney fe'~ or engineering fees charged by the attorney for the District or by the engineers for the District in connecti~m with the preparation of this License Agreement or in connection with negotiations covering the terms and conditions of this License Agreement. Licensee also agrees to pay any fees incurred in connection with the recording of this Agreement. 17. Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third pati~y against District. 18. This agreement is not intended for thy; benefit of any third party and is not enforceable by any third party. 19. If any provision of this agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining prov~;sions of this agreement shall remain in full force and effect. ?A. The word "Licensee", if used in the muter in this agreement, includes the masculine and feminine genders, the singular number includes the pl'n~al, and the plural number includes the singular. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, all of the lands of the Licensee desc ; ibed in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of she parties hereto and their respective successors and 3 NAbIPA & MERIDIAN IRRIGATION DISTRICT assigns. ATTEST: V- v'W'Ffm.. Its Secretary By Ins President LICENSE AGREEMENT -Page 4 . ,' ' .r • CITE` OF MERIDIAN ..,,~_ - ```~++++++++u n Urr p~~~`, ATTEST: ~~~` { ~ R ~i~ s - ~BiJ~ STATE OF IDAHO ) %,, 9Q, "~+4r IBS , ~ ~Q ~~~~ County of Canyon ) ,~„rrrrrn+~r+++++~+`7~ On this ~ day of p! ~ 008, before me, the undersigned, a Notary Public in and for said State, personally appeared ~n~e~nA and Daren R Coon, known to me to be the President and Secretary, respectively, of NAMPA & IERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hercunto set my hand and affixed my official seal, the day and year in this certificate first ~~~~~~ ~~••~s~ ~ g o~ a # ~.. ~, ~ ~~BLtC STATE OF IDAHO ) `~~~ ~$O ~. y~OP County of Ada ) rbrr ~~ m ~~ Notary Publi for Idaha Residing at ,Idaho My Commission Expires: oZn i ~ On this 6' - day of ~ll ~ 2008, before me, the u d rsigned, a notary public in and for said state, personally a ed and 1 ~ t~ known to me to be the --1~-~i and ~ ~ IL , resgec~tively, oft a CITY OF MERIDIAN, the political subdivi ion and municipality that xecute~ i the foregoing instrument, and acknowledged to me that such entity executed the same. IN WTI'NESS WHEREOF, I have herE unto set my hand and affixed my of5cial seal, the day and year in this certificate first above written. i~~; 4,~ `. O~ ;,~ J~~ ; • ;~, ~~~0 U;~. LICENSE AGREEMEN'l~aiP~age ~° ~~.;:' ~~f~<t . otary Public far Q.. d Residing at Cllt. My Commission Expires: 1 ~1^ '~_ ' ~ • ' ~•' Project: 10-06.059 Date: November 27, 2007 Revised: February 19, 2008 CENTER LINE DESCRIPTION SANITARY SEWER CROSSING That portion of the fast h of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; as shown on the attached exhibit, and more particularly described as follows: Commencing at the Center ~/a comer of Section 24; thence along the Westerly boundary of the Southeast ~/a of said section, South 00°51'22" West, 179.81 feet; thence South 89°08'38" East, 1,315.19 feet to the Easterly boundary of Sear Creek Subdivision No. 1, as recorded under the official records of Ada County, Idaho, at Book 83, page 8984, the POINT OF BEGINNING; thence North 44° 14'37" West, 40.57 feet; thence South 89°59'31" West, 138.02 feet; thence North, 45.77 feet to the Northerly boundary of Hardin Drain Easement, the POINT OF TERMINUS. Sidelines to be lengthened, or shortened to match the BEGINNING 8t TERMINU5 of this description. TOGETHER WITH: Commenting at the Center ~/a corner of Section 24; thence along the Westerly boundary of the Southeast'/a of said section, South 00° 51'22" West, 45.49 feet; thence South 89°08'38" East, 744.04 feet to the Northerly boundary of the Hardin Drain Easement, the POINT OF BEGINNING; thence South 82°41'44" West, 46.87 feet; thence North 69° 39'09" West, 278.41 feet to the Northerly boundary of Hardin Drain Easement, the POINT OF TERMINUS. Sidelines to be lengthened, ar shortened to match the BEGINNING Bt TERMINUS of this description. TOGETHER WITH: Commencing at the Center'/a corner of Section 24; thence along the Westerly boundary of the Northeast ~/a of said section, North 00° 51'24° East, 94.10 feet; thence South 89°08'36" East, 35.02 feet to the Easterly right-of-way of Stoddard Road, and the Westerly boundary of Hardin Drain Easement, the POINT OF BEGINNING; thence North 84° 42'41 ° East, 60.35 feet to the Easterly boundary of Hardin Drain Easement, the POINT OF TERMINUS. Sidelines to be lengthened, or shortened to match the BEGINNING & TERMINUS of this description. TOGETHER WITH: Commencing at the Center ~/a comer of Section 24; thence along the Westerly boundary of the Northeast ~/a of said section, North 00°51'24° East, 639.47 feet; thence South 89°08'36" East, 35.02 feet to the Easterly right-of-way of Stoddard Road, and the Westerly boundary of Hardin Drain Easement, the POINT OF BEGINNING; thence North 62 ° 50'59° East, 67.96 feet to the Easterly boundary of Hardin Drain Easement, the POINT OF TERMINUS. END OF DESCRIPTION Prepared by: J•U•B ENGINEERS, Inc. Ronald M. Hodge,-Q.L.S. 857 ~,, Z-t't~go ~p 9rE 0 F \QP V~ ~qf D ~ N0p Exhibit 71, page 1 RMH/tlk:lhc P:\PHK\10-06-059 Black Cat PHa\10-~i-059-ADNtIMDescriptlons\10-08-054-Hardin-SevwXir~.doc .. 1 ~ ^rL ~.... - .~ 0 ' • { ~ E 4 ~'~ t `3R.K >i 3 3 ~ ~ ~s C g/ t/4 ~ ~.. ._ ~ _ _ -.. C. 24 HARD{PI ORA~I ~ ~, f ~ ~,,• - ~ -___--_____--_____ --_ B -- - ` -- -- f JL t,- t ~ s I ~ r R ~ z i o ' SCALE: 1 "=200' 1 C ` / f ' I r ~ ~ ~~ 857 ~~ 2.12-0~'~0 +A 4rE ..~ \~! 4. Exhibit A, pagef 3 { te ' NAMPA-MERIDIAN IRRIGATION DISTRICT s~~ „~.,~,,,~ ,,,.~ r;, _l AB MI W4TRi00Bif 0T AR0PEBHiNW.6T1@PRRP~iTV0P ' 1 t J U-B ~ .MYe@ImAnID Ri NOT Ttl~Il~C. BIMR~EOR PART. T t THE H7~RE89N7tRlPAI fgGl POR/dJ~OT+@APR0J6CTM UPDAT6~ 'mNOF'"AB°°°°~i°'"` •~ .i'~ HARDIN DRAIN of "'" •s~• SANRARY SEWER CROSSING 1 ~ er: ~~ ~ ,., BEAR CREEK PIo.1 LOT 2, BLK 8 1/4C0RNER ------- C. 24 HARDW DRAIN s ~` ~ -~` ~`~`` BEAR CREEK No.3 \"~' . ~ "`-- - - - N. SCALE: 1"=2 0' 8575 ~- ~ ~•~, Exhibit Vii, ~'V'8 •a...~e.•pm ~a CITY OF MERIDIAN SMIITARY SEWER CROSSING 1 1 i ~. ~°. F Orr o •. 'kx, ,t, , .,lF. i rY:. .~: ;~:~ ;.~ r z ~ + ,~ ... - ~ 'R f ~ F ~r~1 ~'~ '' 1* r • w ~rnr,R~ ~y]~ iPr . ~ ~ r Y f ••t 1 I.~ 'Ke r..Yy. 1 .,/ ~~{, ~ .~ ~ t . ~'i ~ ~ r 1, ~ , ~ t f dR. ~ . ~~, 'c ~~ ~ ~~~ @ i G ~S ~ k '«: ~~ ~ - •~ y, i - ~ 1 ~ .~ ` ~y `~ ~, .ti ~ ~ ~ fir. - -f ~ ~ ~ I•~ ' "~ • ~ ~~-Meridian-Kuna Road ~~ . ~~ _ ~ •` .~ ~ ~ L ~r~ ~r• .~ r r, ~. :~ ~~ Har~~n Grain in E91~, ~r~ 1) ~K\ ~ =! ~ __ 1_ - . - -- ;; ~'.3~, R,~'~, B.M., ~~~ you , :~_'~~.__-:,..:. -. - ; .~-~ ~ ~ ~ . ;J.' Farr. ~ / . Idaho ~u ust ~ 9 Ex~'h i k~ ~tB-= ~ _ ~ ~ ~~ : ~~ ; ~. .~,. ~ ,.y. "~ _ _~. q. ~ t. ~ • a` E~k~ T C e of~ License The purpose of this License Agreement is to isermit and appmve Licensee to: 1. construct, install, maintain and repair ~ 27 inch sewer line (Black Cat Sewer Trunk, Phase 4, Schedule B) across the Hardin Dra"a and within the District's easement; and 2. construct, install, maintain and repair .a 10 inch sewer line (Black Cat Sewer Trunk, Phase 4, Schedule C) across the Hardin Drain and within the District's easement, all within Licensee's right-of-way described in Exhibit A, located within or adjacent Bear Creek Park and Bear Creek Subdivision and the right of way for Stoddard Road, located between the Overland Road and Victory Road in Meridian, Ada County, Idaho. No ether construction or activity is permitted within or affecting the Hardin Drain or the District's easement. ; ~;1~D is ~n ' 'ons a. The construction described in Exhibit C shall be in performed in accordance with certain plans consisting~of six sheets attached hereto as Exhibit D-1 and by this reference incorporated herein. Schedule B of the project is for a 27 inch sewer line whi-:h parallels and crosses the Hardin Drain within Bear Creek Park and Bear Creek Subdivision. Schedule ~C of the project is fora 10 inch sewer line which parallels and crosses the Hardin Drain within or near :,toddard Road. b. The Licensee recognizes and acknowl~.dges that the license granted in this agreement by the District pertains only to the rights of the District as owr.'er of an easement. The District has no right or power to create rights in the Licensee affecting the holder of title to the property subject to the District's easement. Any such rights affecting fee title must be acquired by~the Licensee from the holder of title to the property. Should Licensee fail to obtain such rights from the holder of title to the property or should the rights obtained prove legally ineffectual, Licensee shall hold harmlesa, indemnify and defend the District from any claim by any party arising out of or related to such failure of rights and at the option of the District this agreement shall be of no force and effect. s c. Licensee represents that Licensee hat~complied with all federal, state or other laws, rules, regulations, directives or other requirements in any fo;:m regarding environmental matters, and specifically those relating to pollution control and water quality, r s may be applicable under the subject matter, terms or performance of this agreement broadly construed. L. censee recognizes its continuing duty to comply with all such requirements that now exist or that may be img~emented or imposed in the future. By executing this agreement the District assumes no responsibility or 1i:ability for any impact upon or degradation of water quality or the environment resulting from the discharg,~ or other activity by Licensee which is the subject of this agreement. d. Licensee hereby indemnifies, holds hF; nmless and shall defend the District from any and all penalties, sanctions, directives, claims or any action tsken or requirement imposed by any party or entity, public or private, with respect to environmental matters relating to the subject matter, terms or performance LICENSE AGREEMENT -Page 6 ,~ ; i .~ of this agreement unless the District shall be solely res~i~ansible for the condition or activity which gives rise to any such penalty, sanction, directive, claim , actior. ~ x requirement. e. In the event the District is required by .: ay governmental authority to acquire or comply with any permit or other operational requirements assaciatt ~ l with Licensee's discharge and other activity which is the subject of this agreement, Liccngee shall indenufy, bald harmless and defend the District form all costs and liabilities associated with such permit and otl'sr requirements, including but not limited to all costs associated with all permit acquisition, construction, vr~ >nitoring, treatment, administrative, filing and other ret~uirements. f. The parties to this agreement recogrze this license agreement is an accommodation to Licensee. The District by this agreement does not asst: ne, create, or exercise legal or other authority, either express or implied, to regulate control, or prohibit the d . charge ar contri button of pollutants or contaminants to the District's facilities ar to any groundwater, wat~ ~ s of the State of Idahu or the United States, or any other destination, Such authority, to the extent that i~ ::xis±s, is possessed and exercised by governmental environmental agencies. g. Licensee shall not excavate, discharg ,place any structures, nor plant any trees, shrubs or landscaping within the District's easement, nor gerfc ~ni any construction or activity within the Uist!yct's easement for the Hardin Drain except as referred to u ~ this agreement or exhibits thereto without the prior written wnsent of the District. h. Licensee acknourlectges and confirm ~ that the Distriet's easement for the Hardin Drain includes a sufficient area of laid to convey irrigation; and drainstge water, to operate, clean, maintain and repair the 1-Ia~din Drain, and to access the ~Iardin Drain far said purposes and is a minimum of f0 feet, 30 fce~ to eiih~r side of the centerline. i. Construction shall be completed one • ear Pram the date of this Agreement. Time is of the: essence.. LICENSE AGREEMENT -Page', - - -- - _ _ ~ _ ~ ~:.. Is° - n ~+ • I ~. • ~ ~ ~ I ~• 1 .~ ~~~ ~~ `~ -L ~~~ 1• ' ~: ~: -~ :I. I i I' •1 I :~ a ~~ f i~ cmr of atE~rowu BLACK CAT SLWER -PHASE 4 s.e ~ ~~ SfA /M007D 8T0. t&00 KODIAK pR. ®~ ., I ~~ ~~ ~ ~~ ®_ ~-- }} I 1 ~ AE , gi ~y ~ a 1 ~~ n ~ ~ t B; Bg -~_ 1 1 p~ 9 ~ nR oA I 1 11 1 1 1 ~ ~1 W I 1 .9R s 1 {~ ~ 1 1 ~®®'f 4' 7 1 1 ~ is M a@@a N r 6 '~ -~ b I ~ 6 ~~~ i ~ $ _ = g e~9 ~~ a ~ ~~ ~ ~ ~ '~~ ~ ~ ~ i~ ~~ ~~ ~~$~ 1 r p 1 t ~ i~ ~ ~~~ ~~ 1 ~ T ~ a l ~ ~~ ~~~ ~g~ ~ ~ i ~ 1 ~ +1 1 { `I ~ i N i S P P R p 4 ~f '~ ~ ~~ ~~ .~ 1 I ~ g ratcl Iae~ sra +s~so aex nas isla:es q ~~~~ 6~ ~ ~ :~.~~-----n.___ ~~ 8 3TOpDgR~OAb` _. ~~ w 8 ~ ~~ ~~ ~$ ~~ ~ _r ~'_`__° ~o 00 -'i- _ ~~g@~p~g~ a ~ ~~ ~ i ' ~~ ~ ' -z ~ g ~ ~ ~s ~~~~, ~. ~8. BdAwmum some, ta>~lo e9~os-0sea Feed Exhibit D-1 Page 1 ~~ ~~~ ~~ G 1; L I: I; G t' I t 1 I T 1 i ( G ~ ~ ~ I 1 9 f 1 ~ t i ~ j ~ .. { ... a , .~~ ~ t 7411 ~ P 1~ ,g~ 1 :~ . ~ :I. .~. CITY QF I~IERlDUUY BLACK GAT SEWER -PHASE 4 e ~ PwaarRO~ ATA 18aM 7'A AT6 DlI.Nf ~~ ~ ~ ,a ~~ ''~ ~ 1 ~~ \ i f ti na W '~'V>'~T'V ,~ I g ~ I~~"~~ S ~ ~~ ~~ ~~ ~~ ~ I ;~ ~ , ~~ ~~ ~~ ~ ~ ~ I ~ ~ ; ~ I ~ I ~ ~ ~ I ~ ~, ~ ~ I ~ ~ ~ I 9 ~ i i ~ I ~ ~ ~ `~ ; ~ I ~ ~h ~ ~ ~ I ~ \~ , ~ 9i i ~ ~ ' I o~ e~9 ~ ~ ~ ~ \ ~ I ~~ I ` pR 9 s ~~~ ~ ~ ~ I ~ Q$~ ~s ~ ~ ~ •, ~ ~ I S~~ ~~~ \ ~ ~ I ~ g ~ ~ ~~~ ~~~ 1 'i~ ~ ~ ~ ~ I I w a s I S I ~ I ~~el$ ~ • i t I' I I ~ ~ I~~i~ I I ~ 1;~t I ~~ ~ I ~~ ~ ~ ~ ; ~~ ~ ; I~~ I ~`~ R ~ ._...pa 1 ' I I ~ ~ ~ ~~ ~~ I ~ ~ ~ ~' I I ® ~~~ aa~~ ~ i ~ ~ I I I Qeeee a~~ I a~ 1 ~~~ i I _ _ _ I ~ ~ j ~ I ~, ~~ YAICN iIIiE STA 1at00 51F 91E6T 0 ~ ~ •- !• ^'^~ c ~~ ~ ~' a tia ~~' ~~ F ~° a ~ ~q ~~ ~ ~ ~"' ~; `' Exhibit D-1 m9a ~~`~a Page 2 J-1~9 EN3INEERe, b~. A.~O e. eseaemod Armpre ease, Meho eta Fs A M Ir 7 ~ 'YATIli STA ~ ~fi '4' / 'f~ ~ ~ :I 1 ' / / /~// ~~i~~ ~1 .I ~ / i ~+ i~p, /` / / 5 ~' ~ ~' `i° / ~ .~ .~ w ~ p,,~ •~ 7 ~ jyr~g~ ,+ ! / ~ I R~/ /~ // PP I s78 / ~ ~ ~ ~ / /~ '~ ~ ~ ~ ~ // ~ , ,~ r ~ \ ~ \i ~ ~ ~ ~. ~ ' ~ ; ~ ~, ~ ~ a ~ ~ ~: a ' ~ ~ ~ r s ~ , :I ~ r :~ ~ ~ a ~ 7 , ``~ a \ r ~~ \ a 1 ~'`. `.~ iP ,: ~ a 6S ~ ``}\ ~ r ,~ t ~9 ~• ~• ~ P f N N ~R ` µ 99 \ pC gg¢ ~` ; Q 00 I ~ ~ ~~9~ ~6 qty ~q ~ t '\```~ i` :+ I ~~ ~ flg 899 i ,~~g ~\ +`~~ f ~ ~ ~F ~ \ y ~,~ $ ~ ~ to ~ ®~~, ~. ~~~ B~4~g ~ ~~ ~~~ ~ ~ ~ :~ t i .eµmf ~ .e. ~ ^~~a -L pAp~~ g s'~ ~ ~ ~ -. .~~'' gj .`1 ~B e-~ o ~.~ $ r, a ~ ~ 9G ~~~~ ~ ~ CITY OF t~IDIAN ~ ~ r-u~e ~mt~, tiro. a ~ BLACK CA7 3ENIER -PHASE 4 ~ ~ ~ ~o s e oa aver ~ .8. sofas. te~tm as Exhibit D- Page 3 ~~ -~- T :~ ~i~ I~~ i ~ I---- ~~~ ~~~ ~ F ~~ 1 _ '~ I. ~ ~. ~• ~~ ~, r r p I a ~ ~ ~ CITY OF MERtDIMI ~ ~~ BLACK CAT SEWER -PHASE 4 ~.aroa ~..~......~... N.. _..... ~~ - ~ as/, /, --~ ~.~s ~,• ~~ ~~ ~: ~a~®~ ~ ~ ~ ~~ ~~~~~ ~. ~~ ~ ~ ''~-_ 1 ~ ~`'~ ~ ~ ~I~ .w-e ovoauEe~, t~ 28D8. epv ~ ~iaa ~~ Exhitoih D-1 Page 4 ii~~ I ~ I-- °' O S B ~ ~ ,~ BLACK 8ENfER -PHASE 4 J ~~~~~~ ~y RTa.Bdn'rn l¢re a.~w ew terra f1.Mm ere ,_es.m ~; .A i i P f S ~: >. .. a uT a .~ y t J i ~~~~~~ '~ T 1~ ~ ~~ r - - - 1 I IAA Ai I I ~, I ^~~ , ~s f C I I A p011Y18 7Ad TAMd ~ ~ I w. I R ~ / L I ~ I I I ~~ + CHRISTOPMTER ST. i wB ~~ ~ i i f' i ~ --~~-- - f t. t g~ P R a-~-s~aw~s,~. ~oae e~nm F~ Exhibit D-1 Page 5 •atam+ •sra s~ a _ eu~ euu say s.oo ~ aetr e _ •I j ~ ~ ~ ~ s F a r b f ~ m sg ~s a ~ r I ~ ~' ~~ eg~~~e 6 ~~ r: I S ~ ~ ~~ ~~~ :I e f ~ ~ ~ • ~= i i c ~ IfI ~~ ~~ ~~5~ !a ~ ~ I ~ ~ ~i ~ 7 ~ a a~ i, ~ ~~A~ ~a ~ ~ ~ ~~. I I ~ r ~i g ~ ~ ~ ~ g ~m E ~ I s 3 ~~~ ~ ~{ i 'j ~ ~ .~~ t ~~ ~ ~ ~~ ~~ f ~ ~. $~~ I CHRISTOPWER ST. ~ ~,. I ~ ~~ ~ ~I ~~~ ~ ~~~~ I - ---*-----•d----~---~ ~ '~ i1 ~ ~I ~~~~~. I _ ~ ~~ 1.. I ,~~ I ~ `~~±-_ I ~ ~ _ ~ ~ ~ -~ I I r ~ r ~' ~ ®o : ~ ~ ~ ~ I ~ ~ ~ f f ~ ~ ; ~~' I~I~ a ~~ ~ i i ~ ~ ~fi ~~~ } I i ~' ' ~ 1D ~ ~ ~ A~ f ~ '~ r '~', o~ m ~ ~~ :i a ~ ~ t ~ ~ ~~I :~ :i N r ~' a :I 8 ,ua+ . sra + sEe n ' ~ ' ~ '' ~~~ wuw ~ ma iewo ata Ott » ~ ^~a p~Pp~, a a ays ~F ~~s s .~ ~ 'b ~ ~ g ~ ~ '- ~~ ~ a. a C SIACK ~ ~R -- r"~a+°a+w ~imm °~ d-U-9 B, F~a r ,r ~ PHA3E 4 ,.~~~e r ~ 20D e. B d AvB7q~ r j A '~w.a a s ease. ~ ewe ~;~ . Rf4 A.sA e/tTA lSTI 111.M ~ 1 Fae~.9@9e Exhibit D--9 I Page 6 .o ~~ ~.~ I}-~ I ~~ 7 ~~ ~ ~ a1 .t •r•. -o^"'- - .,-„ mow. .___w.°- ~~ .. _..._r-.._ ~-_°~*'_ •~~ ter-. ~gY • r 1 I ~ ' ~ w 1 ~ d ___,~___. al i ~~ ~4 Lam.. f ~`.1 j~I t ; gd ~ 'g l ~~, 9 i ~ ' ~~.~~'' I j ~ r~ ~J I I l I ! ' I ~ l / ~ ~ 1 l ~1 r ~ 1 l 1 i ..~.»PR ~ @ ~-PA l ~ it 1 /~ -~~ 'f f i ~~ I` I' z - 1 1 q :t ~, ~ .~ ~~ ~' ~ i sl ±~%~~ ~~ ~\ rte. „ ~ 1 - - - - ~'~. i ,~ t / 1 ,~ ~ r g4 ' 1. a~. P1 ~ 4~1 .~_~ ~\ ` P 1 )Y /", s • 1 1 1. H B r it ~~~~ ~~ ~ ` 1 >~ ~~~ I g ~ O~P O O 00 ~~I 8 I~~ ; ~~$ ~ W ~ ~ ~ ~~ N ~ ib; p 1 Ilf ~~~~ ~ ~~ q~~ ~W a~~ ~$ ~ ~ ~ ~ ~ ~ ~ ~ ~ ovERUN® ~~~ ~ ~ ~ ~~ ~ ~ ~ ~ o t g ~ ~ A ~ ~ ~ ~ ~~~ ~ ~~ BLACKCATSEWER-PHASE4 '~ • ~~' 9r'° aolala.a~... 8~~1 ~ d'p Sotse, Idaho B4 CO~B7'f6AD'1~1d 9TAC~i PfJW \,y CONSTRUCTION ADDENDUM N0.1 01-30-08 E>t17i3~3.t I3-1 ~ pSgO .. .. :rAta ~ru~: s~ '~ '~ ' ~ ~ ~ .. .. .. .. .. . ~~ , ~ -~~ { 1 . , , ~t "` { . .. ' :: t :: :' . :: ~'~ ` ~',/ I 6 Q~ i ~ \ r ~ F ~ ; ~~ I :: : i $$~ `~ `~~~ ~ ! I ~ 8 : I ~ ~~ I v I i :I :I:. .I.. .. :I. .. .. ~ ~ a ~ { fiC ~ ti~ ,, \ f ~ , i: : !' :I:. .. .: .. i {:. a ~ I m I { ~ ` ' ~ .l .. { O I:~ .. .. .. ~ I ~ it 1 ~ ~ aa~i 1 ' ~j ~ .~ .I. ~9 i ~~~ i i ~ ~ i I ~ I ; ' ~ :: :' :: :. ; ; I ,' ~ I 1 ~ .. .. 1. .. .. P o . { I ~ I ~ ~~ { ~i ~ I ~ a I ' ~ ~ I o .I .: .. .!. :: :: 4 ~ {: ~e 1 ' ' . R . f :: . :. .. ~ 1 .1 ~~ I ! ! I ;~ I vh ~ ~ ~ ~ ~ ~~~ .. '. .. ' „~ 1 ~ 14 I ~ I 1 ~• ~ I $ ~ i " , :i: ~: :: .. ~ ~ ~ Q , .y ~ I ~ I ~ I e a .. .. .. 7 • .I . ~ 17 { ~ I ' • • ice ~ ~ ~ ~~'r~ 8 • . • . • . • ice. ~ , • ~ ~ • ~ : . . : • ~ ... ' a~ el. aclc ~ sEt1Y ~l a EO M ~~IM~~IY~.YfW~411i. ~ ,~. ~ ,~ zso a. ez C ~ + s~an e.er ems, ramp as a . uwaar ro~ ~ t~l errs ee ~~roar a ~sss rr .viva ~ nuu i ~vn nuv~~vvu-w rvu. ~ u~-rues Ext~i~it T~-1, page 9 .. + ~' ~, ~ ~: ~ `A~ ` • ~ '~O . .[ ~~ Jas ~ % r r / , S $ a 7 ~ ~ ~ ~ ~ . . ~ ScY ors ~'i~ ~ ~~(~ $$ 1 /: ~ ~ ~ ~ 3 .. .. .. .. ~ ~ ~/ Qy~ ., ~ ~ ~ ~ pp `~ ~ gg 'A 0 .` 6 ~ ~ • 1 ~ . S . . ` ~~` O `' ~ ~~ • ~4 t • ~ ~ '• 9 ! ~ ~ ~~` t ,~~ " g . .. .. .. a ~ v P • r r /~ g B .~ a • gA ~ ~ i t .. :: :: ~ ~ ~,~ t .. ~ • ~• f Q j ': ~ : :: :' :: ~ ~g :: ': :: :: ~ ~ t . .. . .. .. .. ~ ~ •~ !ii u' j ~ ~ e~ CtTYOFNIERIDiAN BL1lCiC CAT 3~-PHASE 4 g a ! 5 .~,,..._ ~' ... ..Inn :~oa B~ arm sotsn.tdmw es7aece4a eaoo~wemaasvo ~~ STA 1 ~ TO 78.48 !r CANS fiiUG I IUN RUUtNUUM NU. 1 07-30-1 E~ibit D-1, page 10 9 f ~ • °' .. ' .. a ~ 6 O K . ~ fig. ~ `~ ~ ~ ® • ~ ~ t ~ .. ! ( .. :: a ~ ~ ~ ~ 4 g ~ . sm+ m 1' .. B + a . S ~ .. ~ggf"...__ _ Asg r ~ .. n ~ sxm ~'! ~-- ~ .~i< ~, 1 - ---- 9 ~ ' i~ ~ ~ ~ ~ b ~7 ~ 1 ~ ~ ' ~~ ~ j , t ! I n - . ~ .. .. , .. 14 ~ f a ~ , ~ ~ j. , a ~ ,I:. - .. .. j I ~ a .rs '~. .. 1-L __ d... 81A ~~~~ 'r .. _ t~ ~ wT01 .~. o y A1 -~ y~~~1 ~~ f / !~s ~p ~p ~ 1 • ~ I 1 ~ . . g ~ ~_.~~- tt A ~ ~' .. 5 C ~ s t t . { l pig i ! ~ ~ 1 ~ D 4 ~ ~ ` .. ~{ ' ~ ~ • ~~ ` ~, .. v ~ s .. .i. ~ .;~.~ .. .. .. ~ ~ ' ! i ~ ~ i ~ tt ~. ;~:. .. .. ~ jj i J+ ~ V71 I M(-IUGIl1Y~ PHASE 4 BLACK CAT p1ip00t~I1LtlO IY~~IIO~®I~~ I .„„~ a~'8p~~~,~~ ~. ~~~YL~fNY A z~ s S ~, ~ vmasao~sas+o ;!' ~~ ~ CONSTRUCTKJN ADDENDUM N0.1 07-3U-a6 Exhibit D-1, page 19 • gZCI I7 JUG ~ ~ . 20~~ City C£ l~cy°icti~ Cgty Clexk ®~ce Memo To: Jaycee Holman; Tara Green From: Max Jensen, Engineering Technician CC: Clint Dolsby, Acting City Engineer Date: 06/20/2008 Re: Proposed Agenda Item for July 1, 2008 City Council Meeting The Public Works Department respectfully requests the following item be placed on the July 1, 2008 City Council agenda, under Consent Agenda, for Council's consideration: License Agreement with NMID for the Black Cat Trunk Sewer. Phase 4. Schedule B & C rp oject. License agreement with the Nampa and Meridian Irrigation District for locations where the sewer line crosses the Nampa and Meridian Irrigation District facility in association with the Black Cat Trunk Sewer, Phase 4, Schedule B & C project. Recommended Council Action: The Public Works Department recommends that City Council approves and signs the License Agreement with NMID in association with the construction of the Black Cat Trunk Sewer, Phase 4, Schedule BBC project. Thank you for your consideration. Please contact me if you have any questions. • Page 1 RINGERT~ ~~~C:i.ARK' Phil I~richbaum JUB Engineers, Inc. 250 South Beechwood Avenue, Ste. 201 Boise, Idaho 83709-0944 Laura E. Burn Adam S. Christenson Je~ey R Christenson David P. Claiborne D. Blair Clark ' • S. Bryce Farris Jun C. Gould David Hammerquist Charles L Honsinger " May 23; 2008 James P. xan6nan Jeanifer Reid Mahoney James G. Reid ` Daniel V. Steenaoa Re: Request for License Agreement with Nampa & Meridian Irrigation District Dear Mr. Krichbaum: Enclosed for review and signature are the revised duplicate originals of the above-referenced License Agreement you requested on behalf of th~.° City of Meridian. Both originals of the License Agreement must be signed and notarized as indicated. Do not date page one of the License Agreement. If both originals are executed and returned to me by May 2$, 2008, I will be able to submit the license agr~;ement to the District's Board of Directors for approval and signature at the Boazd's next meet°ng on June 3, 2008. The District will have its original recorded and I will return one original to you along with a bill for our services in preparing the agreement and the recording fees. Please contact me if you have any questio~.s or comments regarding this matter. YOU~s very truly, t S. Bryce Farris SBF:kw Enclosures 455 South Third Street PO Box 2773 Boise, Idaho 83701 208.342.4591 FAX 208.342.4657 ` also licensed in OR www. r i n g e r t c l a r k .com "also Bcensed ;o co LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this day of , 2008, by and among NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, party of she first part, hereinafter referred to as the "District", and CITY OF M ~RIDIAN, 33 East Idaho, Meri ]ian, Idaho 83642 party or parties of the second part, hereinafter collecti~~aely referred to as the "Licensee", WITNE;~SETH: WHEREAS, Licensee is the owner of real prol:•erty/right-of-way for a sewer line (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District owns the irrigation ditch or canal known as HARDIN DRAIN (hereinafter collectively referred to as "ditch or canal"), an integral part of the District's irrigation works and system, together with the easement therefor to convey irrigatic~n and drainage water, operate, clean, maintain, and repair the ditch or canal, and access the ditch or canal for those purposes; and, WHEREAS, said ditch or canal and easemer t crosses and intersects Licensee's real property as shown on Exhibit B attached hereto and by this refere~7ce made a part hereof; and, WHEREAS, the Licensee desires a license to eJngage in construction or activity, or approve existing construction or activity, affecting said ditch or canal o~ the District's easement in its course across the lands of the Licensee in the manner and under the terms anc: conditions hereinafter set forth; and, WHEREAS, it is necessary that the District p •otect ditches and its right of way along its ditches; NOW, THEREFORE, for and in consideration ~~f the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as fellows: 1. The Licensee shall have the right to modify the said ditch or canal or encroach upon the District's easement along said ditch or canal in the ma.• ~ner generally described in the "Purpose of. License" attached hereto as Exhibit C and by this reference mode a part hereof. Any modification of said ditch or canal by the Licensee or encroachment upon the District's easement along said ditch or canal shall be performed and maintained in accordance with the "Sp~:•cial Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. Any differer.~ a or discrepancy between the items .listed in Exhibit C, "Purpose of License," and any plans or drawings re erenced in or attached to Exhibit D shall be resolved in favor of Exhibit C. Licensee shall only be permitte:,l or allowed to modify the ditch or canal or encroach upon the District's easement as described in Exhibit C :?ven if any plans or drawings referenced or attached to Exhibit D provide or show otherwise. 2. This agreement pertains only to the Licensee's modification of said ditch or canal or encroachment to the District's easement for the purposes and in the manner described herein. The Licensee shall not change the location of the ditch or canal, bury"the ditch or canal in pipe, or otherwise alter the ditch or canal in any manner not described in this agreement without first obtaining the written permission of the District. `" 3. Each facility ("facility" as used in this agreement means any object or thing of any nature installed in or on the District's easement by the Licen~;e or the Licensee's predecessor in interest) shall be constructed, installed, operated, maintained, and repaired at all times by the Licensee at the cost and expense of the Licensee. 4. Licensee agrees to construct, install, o'oerate, maintain and repair each facility and conduct its activities within or affecting the District's easement so as not to constitute or cause: a. a hazard to any person or pro~~erry; b. an interruption or interferencE~ with the flow of irrigation water in the ditch or canal or the delivery of irrigation water by the District; c. an increase in seepage or any'other increase in the loss of water from the ditch or canal; d. the subsidence of soil within ~:~r adjacent to the easement; e. any other damage to the District's easement and irrigation works. 5. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any of the Licensee's construction or activity which constitutes or causes any of the circumstances enumerated in the preceding para€;raph, 4.a. through 4.e., or any other damage to the easement and irrigation works which may be caused by the construction, installation, operation, maintenance, repair, and any use or condition of any facility. 6. Licensee agrees that the work performed and the materials used in such construction shall at all times be subject to inspection by the District and: the District's engineers, and that final acceptance of such work shall not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unseasonably withheld. 7. The District reserves the right, at the IJ~istrict's option, to remove any facility installed by the Licensee and to repair any alteration by the Licensee of said ditch or canal and the easement therefor which does not comply with the terms of this agreement, and to remove any impediment to the flow of water in said ditch or canal and any unsafe condition or hazard ca<<csed by the Licensee, at any time, and the Licensee agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. If the Licensee shall fail in any respect ~ o properly maintain and repair such facility, then the District, at its option, and without impairing or in anywise affecting its other rights and remedies hereunder, shall have the right to perform the necessary maintenance and repairs and the Licensee agrees to pay to the District, on demand, the cost or expense which shall b reasonably expended or incurred by the District for such purposes. The District shall give reasonable noY:.ce to the Licensee prior to the District's performing such maintenance, repair or other work except that in :erases of emergency the District shall attempt to give such notice as reasonable under the circumstances, nothing in this paragraph shall create or support any claim of any kind by Licensee or any third party againel the District for failure to exercise the options stated in this paragraph, and Licensee shall indemnify, hold harmless and defend the District from any claims made LICENSE AGREEMENT -Page 2 i • against the District arising out of or relating to the terms of this paragraph except for claims arising solely out of the negligence of the District. 8. Neither the terms of this agreement, tl'~e permission granted by the District to the Licensee, the Licensee's activity which is the subject of this agreement, nor the parties exercise of any rights or performance of any obligations of this agreement, sha'il be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the jurisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its ditches, canals, drains, irrigation works and facilities which did not apply toy the District's operations and activities prior to and without execution of this agreement. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this agreement or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction or, at the option of the District, this agreement shall be of no force and effect and the Licensee shall cease all activity and remove any facility authorized by this agreement. 9. In addition to all other indemnifica?ion provisions herein, Licensee further agrees to indemnify, hold harmless and defend the District from `any injury, damages, claim, lien, cost and/or expense (including reasonable attorney's fees) incurred by, or a serted against, the District by reason of the negligent acts or omissions of Licensee or its agents, contractors ;~r subcontractors in performing the construction and activities authorized by this agreement. . a 10. The Licensee agrees that the District shall not be liable for any damages which shall occur to any facility, structure, plant, or any other improv~:.ment of any kind or nature whatsoever which the Licensee shall install on the said easement area of the'~istrict in the reasonable exercise of the rights of the District in the course of performance of maintenance ~3r repair of said ditch or canal. The Licensee further agrees to suspend its use of the said easement area v~~hen the use of the easement area is required by the District for maintenance or repair under this or any ot~ser paragraph of this agreement. 11. Licensee shall place no structures, pat`:~ways or landscaping of any kind above or within the District's easement area except as referred to in this al;~reement or exhibits hereto without the prior written consent of the District. Nor shall Licensee permit, authorize or grant any other person or entity to excavate, discharge, construct or place any structures, pathways'or landscaping within the District easement without the prior written consent of the District. r 12. Should either party incur costs or attE~rney fees in connection with efforts to enforce the provisions of this agreement, whether by institution of `;uit or not, the party rightfully enforcing or rightfully resisting enforcement of the provisions of this agreerr'ent, or the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. 13. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation works and systFfm of the District by this agreement, nor to grant any rights in its irrigation works and system incompatibly with the uses to which such irrigation works and system are devoted and dedicated and that this contact shall be at all times construed according to such principles. , LICENSE AGREEMENT -Page 3 14. Nothing herein contained shall be con.9trued to impair the right of way of the District in the said ditch or canal and all uses of said ditch or canal by he Licensee and the license herein provided therefor shall remain inferior and subservient to the rights of 'yhe District to the use of said ditch or canal for the transmission and delivery of irrigation and drainage water. 15. In the event of the failure, refusal or n~,glect of the Licensee to comply with all of the terms and conditions of this agreement, the license of the Li: ensee under the terms hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in or over said ditch or canal, and the right of way therefor, which may impede or restrict;the maintenance and operation of such ditch or canal by the District with its equipment for the maintenance of its said ditch or canal may be removed by the District. 16. The Licensee agrees to pay attorney fe~,s or engineering fees charged by the attorney for the District or by the engineers for the District in connecti~~m with the preparation of this License Agreement or in connection with negotiations covering the terms and conditions of this License Agreement. Licensee also agrees to pay any fees incurred in connection with the; recording of this Agreement. 17. Nothing in this agreement shall create: or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third pai~y against District. 18. This agreement is not intended for then benefit of any third party and is not enforceable by any third party. 19. If any provision of this agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining prov~.sions of this agreement shall remain in full force and effect. 20. The word "Licensee", if used in the muter in this agreement, includes the masculine and feminine genders, the singular number includes the pl ~iral, and the plural number includes the singular. The covenants, conditions and agreements hei ein contained shall constitute covenants to run with, and running with, all of the lands of the Licensee desc: ibed in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. , NA)VIPA & MERIDIAN IRRIGATION DISTRICT By Its President ATTEST: Its Secretary LICENSE AGREEMENT -Page 4 CITS` OF MERIDIAN `,``~~~~~~ a i+i i---,-~~ ATTEST: ,~~~~`,`.(~ '~ ~4 88AL ~4,~ ~'~ STATE OF IDAHO ) %,, 9~ `'~@r 1~ , ~ ~Q ,,~ County of Canyon ) '~~~~'~~,,,--`~'~ r'~~~~~,`~````' On this day of , ~ 008, before me, the undersigned, a Notary Public in and for said State, personally appeared and Dazen R. Coon, known to me to be the President and Secretary, respectively, of NAMPA & 1\IERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at ,Idaho My Commission Expires: STATE OF IDAHO ) )ss. County of Ada ) On this 1`~ day of ~l.E' 2008, before me, the and rsigned, a notary public in and for said state, personally ap eazed and known to me to be the and .~~_, respectively, oft e CITY OF MERIDIAN, the political subdivi ion and municipality that xecute i the foregoing instrument, and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have herf unto set my hand and affixed my official seal, the day and year in this certificate first above written. •~OOOROi/ ~~ ~~ _ •• A +* • ~,~ •~ 4,~Y ~'~~~ rj ~ . otary Public for Q O :'~'";~~» ;'Q,;, Residing at Cam. ,W~.L ~~~ `~ ~ O ~:~ ~~ My Commission Expires: ~ ~-~ ~ ~~ O• ~~``. '-" LICENSE AGREEMEN'IttaP•age ~" ~`~:• ~s~~a0 Project: 10-06-059 Date: November 27, 2007 Revised: February 19, 2008 CENTER LINE DESCRIPTION SANITARY SEWER CROSSING That portion of the East %z of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, I as shown on the attached exhibit, and more particularly described as follows: Commencing at the Center'/a corner of Section 24; thence along the Westerly boundary of the Southeast's said section, South 00° 51'22" West, 179.81 feet; thence South 89°08'38" East, 1,315.19 feet to the Easterly boundz of Bear Creek Subdivision No. 1, as recorded under the official records of Ada County, Idaho, at Book 83, page 898 the POINT OF BEGINNING; thence North 44° 14'37" West, 40.57 feet; thence South 89 ° 59'31 " West, 138.02 feet; thence North, 45.77 feet to the Northerly boundary of Hardin Drain Easement, the POINT OF TERMINUS. Sidelines to be lengthened, or shortened to match the BEGINNING at TERMINUS of this description. TOGETHER WITH: Commencing at the Center'/a corner of Section 24; thence along the Westerly boundary of the Southeast'/ o said section, South 00°51'22" West, 45.49 feet; thence South 89°08'38" East, 744.04 feet to the Northerly bounda of the Hardin Drain Easement, the POINT OF BEGINNING; thence South 82 ° 41'44" West, 46.87 feet; thence North 69°39'09" West, 278.41 feet to the Northerly boundary of Hardin Drain Easement, the POINT F TERMINUS. Sidelines to be lengthened, or shortened to match the BEGINNING 8: TERMINUS of this description. TOGETHER WITH: Commencing at the Center'/a corner of Section 24; thence along the Westerly boundary of the Northeast'/ said section, North 00°51'24" East, 94.10 feet; thence South 89°08'36" East, 35.02 feet to the Easterly right-of-way Stoddard Road, and the Westerly boundary of Hardin Drain Easement, the POINT OF BEGINNING; thence North 84°42'41" East, 60.35 feet to the Easterly boundary of Hardin Drain Easement, the POINT OF TERMINUS. Sidelines to be lengthened, or shortened to match the BEGINNING 8: TERMINUS of this description. TOGETHER WITH: Commencing at the Center'/a corner of Section 24; thence along the Westerly boundary of the Northeast'/a said section, North 00°51'24" East, 639.47 feet; thence South 89°08'36" East, 35.02 feet to the Easterly right-of-way of Stoddard Road, and the Westerly boundary of Hardin Drain Easement, the POINT OF BEGINNING; thence North 62°50'59" East, 67.96 feet to the Easterly boundary of Hardin Drain Easement, the POINT OF TERMINUS. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. Ronald M. Hodge,-P.L.S. 857 Z-t1.o~ ~p 9TF 0 F i~P ~ V ~'q~ 0 M X40 Exhibit A, page 1 o• of RMH/tlk:lhc P:\PHK110-06-059 Black Cat PH4\10.06-059-ADMIN1Descriptions\10-06-059-Hardin-Sew-Xing.doc BEAR CREEK No.1 LDT 2, BLK 6 BEAR CREEK No.3 3 3 5 W. L _.._ v 1/4 CORNER _._.. _.._ ..._ .._ _., ._ ._,_ C. 24 ` y _ HARDIN DRAIN s~ ~._ ~~ ~ -•. _ - ~ ``--- ~•. -.,. N. 0 0 0 JL 7~ zo O a SCALE: 1 "=200' 8575 ~- 6 q ~~ ~xhibi~t A, 2 ,~°.^~~~,~~N ~.::, ~-~- -- l NAMPA-MERIDIAN IRRIGATION DISTRICT sH~r ASnx ws,aumeNr OF P~ ~xv~.187HE rr~n,r OF ,~ ~ ~TM ~ ~ •(~ HARDIN DRAIN 1 °`~~"~'~"` CITY OF MERIDIAN of o r o H er •~°"'°"' SANITARY SEWER CROSSING 1 .>.x ~ ~ ~il~`~- ~ > ~ Fs i ~•~ _ 4 a , ~. 4 s~ -... n ~_ ELF' ,~, ~ 1 fY ~ ~.~ ~'~~ 1 ~ l ~'~ q. P ~' ~~ "~ v~ P ~ ^ ~ t E ~, l ~1 ~~" ~ ~: 4? ~ - '~ ' ~ - 1C _ ~ Ah R¢ a ~,ax:~ 4 t [,~" rti r'~ t ti ,; ' - da. ~ e~ F, ~ ~ ~~ ` `, ~ ~y I ', _ ~ `~,h.. ~~' ,.t ~ ~ 5 --~ .~: _~~ ~ ~ , ~ _ '4. ~ ~p,"' l~ .,,.mss , ~. ft „ ~ z '~ , ~.. , - ''fit` ~tr't,-'~ ., -~'-:. _ ~~ ,~ ~~ -r~..... k=~ ~a - t, r ~~ ~: ~, ..~ ~~ ~. ...._ ~i ~. .3 ~4 ~ ! jam} L j. ~ ~ t J ~~ ~, ~~ '~' 1 v~ r fit. . ~.. ~. 4 H~r~i~ ~~ i~ E~I~ t~4 y~ ~ ~.~ 4 ~~--~^~-. ~. .~ ti~ .- _ t :.. -'', LJ EXHI)~;;IT C Purpose of License The purpose of this License Agreement is to Isermit and approve Licensee to: 1. construct, install, maintain and repair a 27 inch sewer line (Black Cat Sewer Trunk, Phase 4, Schedule B) across the Hardin Drain and within the District's easement; and 2. construct, install, maintain and repair :a 10 inch sewer line (Black Cat Sewer Trunk, Phase 4, Schedule C) across the Hardin Dra.,n and within the District's easement, all within Licensee's right-of--way described in Exhibit A, located within or adjacent Bear Creek Park and Bear Creek Subdivision and the right of way for Stoddard Road, located between the Overland Road and Victory Road in Meridian, Ada County, Idaho. No ether construction or activity is permitted within or affecting the Hardin Drain or the District's easement. . EXHIE:IT D Special Conditions a. The construction described in Exhibif C shall be in performed in accordance with certain plans consisting of six sheets attached hereto as Ex}uibit D-1 and by this reference incorporated herein. Schedule B of the project is for a 27 inch sewer line which parallels and crosses the Hardin Drain within Bear Creek Park and Bear Creek Subdivision. Schedule C of the project is fora 10 inch sewer line which parallels and crosses the Hardin Drain within or near Stoddard Road. b. The Licensee recognizes and acknowlr.;dges that the license granted in this agreement by the District pertains only to the rights of the District as owrer of an easement. The District has no right or power to create rights in the Licensee affecting the holder of title to the property subject to the District's easement. Any such rights affecting fee title must be acquired by:,the Licensee from the holder of title to the property. Should Licensee fail to obtain such rights from the holder of title to the property or should the rights obtained prove legally ineffectual, Licensee shall hold harmless, indemnify and defend the District from any claim by any party arising out of or related to such failure of rights and at the option of the District this agreement shall be of no force and effect. c. Licensee represents that Licensee has; complied with all federal, state or other laws, rules, regulations, directives or other requirements in any form regarding environmental matters, and specifically those relating to pollution control and water quality, ~s may be applicable under the subject matter, terms or performance of this agreement broadly construed. Licensee recognizes its continuing duty to comply with all.such requirements that now exist or that may be implemented or imposed in the future. By executing this agreement the District assumes no responsibility or 11.3bility for any impact upon or degradation of water quality or the environment resulting from the discharge or other activity by Licensee which is the subject of this agreement. d. Licensee hereby indemnifies, holds h~;rmless and shall defend the District from any and all penalties, sanctions, directives, claims or any action ttsken or requirement imposed by any party or entity, public or private, with respect to environmental matters relating to the subject matter, terms or performance LICENSE AGREEMENT -Page 6 ~ ~ of this agreement unless the District shall be solely res~ =ansible far the condition or activity which gives rise to any such penalty, sanction, directive, claim , actior..3r requirement. e. In the event the District is required by .' ay governmental authority to acquire or comply with any permit or other operational requirements associate ~1 with Licensee's discharge and other activity which is the subject of this agreement, Licensee shall inden.~lify, hold harmless and defend the District form all costs and liabilities associated with such permit and otk°:~;r requirements, including but not limited to all costs associated with all permit acquisition, construction, m~>nitoring, treatment, administrative, filing and other requirements. f. The parties to this agreement recogr.~~ze this license agreement is an accommodation to Licensee. The District by this agreement does not asset: ne, create, or exercise legal or other authority, either express or implied, to regulate control, or prohibit the d charge or contribution of pollutants or contaminants to the District's facilities or to any groundwater, wat~; s of the State of Idaho or the United States, or any other destination. Such authority, to the extent that i~.:;xists, is possessed and exercised by governmental environmental agencies. g. Licensee shall not excavate, discharg~, place any structures, nor plant any trees, shrubs or landscaping within the District's easement, nor perfc ni any construction or activity within the Dist?~ict's easement for the Hardin Drain except as referred to it ~ ibis agreement or exhibits thereto without the prior written consent of the District. h. Licensee acknowledges and confirm ~ that the District's easement for the Hardin Drain includes a sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and repair the Hardin Drain, and to access the Hardin Drain for said purposes and is a minimum of 60 feet, 30 feec to either side of the centerline. Construction shall be completed one ~ ear from the date of this Agreement. Time is of the. essence. 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II ~~ i ~cy~w l''~_ ~ } MATp{ STA. eD S~ ,7, . .. I MA ~ ~~ . .. : o ~ ~ 1 ~ ~ E~ ~ e' 6 ~ o ° . ~ ~ g i CITYOF MERIDIAN BLACK CATS ~WER-PHASE4 ~°~"~, :";,,,,.,,®,.,~ "`°° a•"°,°°®~•"'®•~°°,• ,~ ...,, ~;vo,,,® "~° ¢'~- • ~, - J-U-B ENCiINEEF~, Inc. 25o s. e~chwooa averwe sutc.zoi ~ ~ 4'0~ C p ~ SCHEDULE °S' ~ 'Boise. Idaho 83'109-09A4 ~ PLAN & PROFILE r4, e~ ~ W STA. 24+7&49 TO STA 30W0 pp~,mp,~ GUN51 tiUli I IVN AUUtNUUM NU. 1 Ul-:iU-US Exhibit D-1, page 11 June 27, 2008 MERIDIAN CITY COUNCIL MEETING JUIy 1, 2008 APPLICANT ITEM NO. 5- REQUEST Water Main Easemet Agreement for Money Tree by Katsam, 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: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Ctty of Meridian. COMMENTS See attached ~~u~ City of Meridian Public Works Dept. Memo To: Mayor De Weerd 8 City Council From: Karie Glenn CC: File Date: 6!25/2008 Re: Proposed Agenda Items for 7/1108 City Council Meeting ~,~' ~~~~ city c~~ 1~~~~~ city ~1erk ~~~~ The Public Works Department respectFully requests that the following items be placed on the 7/1/08 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Money Tree by Katsam LLC. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Money Tree by Katsam LLC and au~orize the Mayor to sign and City Clerk to attest Thank you for your consideration. ~ Page T WATER MAIN EASEMENT THIS INDENTURE, made this limo day of ~~, 20v6 between KATSAM, LLC, the parties ofthe first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party ofthe second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, inconsideration ofthe benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience ofthe Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area ofthe easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part ofthe right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further Water Main Easement Water Meter Easement effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: 1CATSAM, LLC ~' ~;} By: David Bassford `(~// 4d i1-r~nr~~i-1, A'le~w.liir STATE OFfEM~IA~~ K~ n ) ~ County of A~a~-5 ) On this '~ ~ day of y~yYl'~ . 20~, before me, the undersigned, a Notary Public in a for s i S to e~~on~, 11 a eared David Bassford, known or identified to me to be the;9e 4 ~ ~ the Titlt~d liability company that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. 1`~t~. ~,...,~8G9~ ~1 •,y~~'.vr1~' (SEAL) `~~, : ~~ NJT~rApNi ~ .~.... N~ ;.. O BU ~ ; O21`~~ ~~ pF S~\ II ~~~~~~WA~f~~~~ NOTARY /P+UBLIC FOR ~BA~~I6 ~~~n~'1t3~~ Residing at ~tj~/ I ~~t'n'1 Commission Expires: lC~ • Cl • I 1 Water Main Easement Water Meter Easement GRANTEE: CITY OF MERIDIAN Tammy de Weerd, ` y r Attest by Jaycee Holman, City Clerk Approved By City Council On: STATE OF IDAHO, . ss. County of Ada On this day of , 20 ,before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL} NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Water Main Easement Water Meter Easement • Leg~i Description Southern Springs Sub. No. 2 -Lot 6, Block 1 City of Meridian -Water Easement An easement located in Lot 6 of Block 1 of Southern Springs Subdivision No. 2 as shown in Book 94 of Plats on Page 11544, records of Ada County, Idaho, and also being located in Government Lot 1 of Section 19, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap monument marking the northwest corner of said Section 19, from which an aluminum cap monument marking the southwest corner of the NW '/ of said Section 19 bears S 0°37'06" W a distance of 2649.91 feet; Thence S 0°37'06" W along the westerly boundary of the NW'/4 of said Section 19 a distance of 321.26 feet to a point; Thence leaving said westerly boundary S 89°22'54" E a distance of 151.80 feet to a point marking the southerly angle point in the south boundary of said Lot 6 of Block 1 of Southern Springs Subdivision No. 2; Thence N 72°20'35" E along the southerly boundary of said Lot 6 a distance of 93.18 feet to a point; Thence leaving said southerly boundary N 17°39'25" W a distance of 35.00 feet to the POINT OF BEGINNING; Thence S 72°21'09" W a distance of 10.00 feet to a point; Thence N 17°40'03" W a distance of 5.17 feet to a point; Thence S 89°59'55" W a distance of 19.07 feet to a point; Thence N 0°00'05" W a distance of 10.00 feet to a point; Thence N 89°59'55" E a distance of 26.38 feet to a point; Thence S 17°40'03" E a distance of 12.48 feet to the POINT OF BEGINNING. This parcel contains 315 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC May 30, 2008 ONPL LAty~s ~ Q-~ S E F ~~ a 111118 N~~/30 ! O$ ~ ? !~~), TF 0 F ~O ~~~ pN ~ NP L~ i'~ d5~~i~ I~?ttyd~~''15 (~,~'' ~ Lantl Suvaying and C°nfulgng Southern Springs No. 2 Job No. 08-03 N 89 4329" E 223.11' CITY 4F MERIDIAN -WATER EASEMENT Sl<ETCH W ~ ~ z ~ z ~ 13 18 24 19 3~. a 0 0~ ~^~ 1, rk~ ~ ~h3 ~6 C~ k~`• Q Z ~ ~o ~ "~' `~ N Q ~ j ~i i W N 8770'47" E 91.15' Ol/ERLAND ROAD 2444.34 18 - 1/4 2221.23' 19 i(n ~:O ti:~ ~'v a [~ 14x.91' 51.76' \\ \ u~ \ -~ \ v \ awo \ m ~ \ Z w t \ ~_ ~ m \ `- \ N~ \ D ~~ E~ENEN1 Z LOT 6 \ N BLOCK 1 ''~ rn SOUTHERN SPR/NGS SUBD/I//S/ON NO. 2 \ w ,~ o a ~I o .....50. oo' ... 101.80' S 8922'54" E N N 24 19 1/4 151.80' UNE TABLE L/NE LENGTH BEARING L 1 35.00' N 1 T39 25" W L2 10.00' S 7221 09" W L3 5.17' N 1T4003" W L4 19.07' S 89'59 55" W 1o.aa' N oo•00'05" w L6 26.38' N 89'59 55" E L7 12.48' 1T40 03" E \ °'. \ NEW WA TER \ EASEMENT L6 \ pO/NT OF ~4-'-~ ~ ~L ~.~ ~ BEG/NNING\ 4f (r2 `: \ \ \ \ \ J ~ ~.es' 15p.81 93•' 35>. E N '2~2t7 0 25 SO 100 r~~ ~liuti~r~~ ~-~ Land Surveying and Consulting 231 E. 5TH ST., STE. A MERlDIAN,ID 83642 ~208~ 288-2040 ~208~ 2B8-2557 fax www.lartdsolu[iats.biz pasnNC wawa AND SAN/TARY _ . EASEMfNr J U June 27, 2008 MERIDIAN CITY COUNCIL MEETING JUIy 1, 2008 APPLICANT ITEM NO. ~- L=. REQUEST Cooperative Constreuction and Reimbursement Agreement with Primeland Development, Co., LLP for $22,349.95 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 Ctfy of Meridian. ADA COlllil'Y RECORDER d. DAVID ~0 ABIOW~R .00 iA BOISE IDAHO 071 031 PM DEPUTY Ba~nle Ob~6116g RECORDED-REQUEST OF UI IIIIIIIlII1111II I I~ I (ti9etldian Cfiy i 0I30IB~~~5 COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT I2-INCH WATER MAIN FROM THE INTERSECTION OF TEN MII,E AND MCMII,LAN ROADS WEST APPROXIMATELY 1000 FEET THIS AGREEMENT made this ~ _day of 2008, by and between the CITY OF MERIDIAN, a municipal corpora n, h fter called "CITY," and Primeland Development Co., LLP, hereinafter called "DEVELOPER": WITNESSETH: WHEREAS, DEVELOPER owns land inside the corporate limits of the City of Meridian and desires to construct approximately 1,000 feet of 12-inch water main, along McMillan road west of Ten Mile Road, to be owned, operated, and maintained by CITY to serve DEVELOPER'S property, Volterra and Volterra South Subdivisions (shown on Exhibit "A"), and has requested reimbursement for a portion of the 12-inch water main; WHEREAS, upon recommendation of the Public Works Department, the City Council of CITY accepted and approved the proposal of DEVELOPER to construct the said 12-inch water main system, subject to all conditions hereinafter provided by this Agreement; NOW THEREFORE, in consideration of the foregoing premises, CITY and DEVELOPER hereby agree: A. Preparation of Plans. DEVELOPER has prepared plans and specificaxions, drawings, instructions, bid proposal and all other contract documents for the construction and installation of the 12-inch water main system (hereinafter called "Project"}, shown on preliminary plans (hereinafter called "Exhibit "B"), including rights-of--way, grades and elevation, and materials used in the construction and installation of said Projec>~ B. Final Approval of Plans. Prior to commencement of construction, CITY shall approve or reject, in its discretion, the Project plans. CITY and DEVELOPER shall acknowledge in writing the final plans, and said plans shall not thereafter be modified in any material way unless such modifications are approved in writing signed by CITY and DEVELOPER. • C. Solicitation of Bids. DEVELOPER has solicited bids and published requests for bid proposals for construction of the Project from at least three (3) properly licensed public work contractors. DEVELOPER must notify CITY of the bid opening forty eight (48} hours in advance and provide the opportunity for a CITY representative to attend the bid opening during normal working hours. DEVELOPER will award the construction to the lowest responsible bidder after obtaining concurrence from CITY of low bidder. D. Contract Terms. DEVELOPER shall provide CITY with a copy of the executed construction contract(s). All construction contracts} shall include, at a minimum, the following provisions: 1. A requirement that the contractor provide payment and performance bonds naming CITY as an additional beneficiary as required by the Public Works Contractors License Act, Chapter 19, Title 54 of the Idaho Code. 2. A requirement that the successful bidder be licensed as a public works contractor. 3. A requirement that the construction of the Project shall be in accordance with the approved designs, plans, and specifications and be Substantially Complete within six (6) months of the date of the issuance of a Notice to Proceed from the City. For the purposes of this Agreement, the term "Substantially Complete" shall mean that the Project and all components. thereof can be safely used for their intended purpose{s) despite the fact that some item or items remain uncompleted. 4. A provision that the time for Substantial Completion will only be extended by {a) acts of God, (b) war, (c) delays caused by CITY, (d) weather, (e) review and/or approval processes required by outside agencies not otherwise parties to this Agreement (fl any request for extension of time approved in writing by CITY. 5. A requirement that the contractor shall maintain liability ;,,c~~*%~ce insuring against bodily injury or death with limits of not less than One Million Dollars ($1,000,000.00) per person and per occurrence, and property damage with a limit of One Million Dollars ($1,000,000.00) per occurrence,. Said requirement is extinguished upon acceptance of Project by City. 6. A provision that the contractor shall indemnify CITY and DEVELOPER from any and all claims by third persons arising out of the performance of the contract. 7. A provision that the contractor shall comply with all applicable laws, rules, and regulations, and that the contractor shall secure all applicable permits and pay all applicable fees. • 8. A provision providing at least a one (1}year warranty on the operation and materials of tine Project, which wan~anty shall be assignable to CITY, to be secured by the posting of a performance bond in favor of City upon project completion in the amount often percent (10%) of the total Project cost. E. Conditions Precedent to Execution of Construction Contract(s). Prior to execution of any construction contract, the following conditions shall be satisfied: 1. DEVELOPER shall obtain written approval from CITY of the form and terms of such construction contract, which approval may be withheld for any reason, including but not limited to DEVELOPER's failure to obtain a construction contract that contains the provisions required by this Agreement, but which approval shall not otherwise be unreasonably withheld. 2. Any easements required for the Project or the construction thereof shall be deeded to CITY and recorded prior to construction of the Project. F. DEVELOPER and CITY Responsibility for Costs. Because the DEVELOPER will construct the Project, as shown on Exhibit "B", it is mutually agreed that the cost of the Project will be subject to actual cost verification by CITY. DEVELOPER shall fiord 100% of the cost of the Project, estimated at 58 815.65 with reimbursement from the CITY in accordance with the provisions of this Agreement as listed below. Contractor 44,814.90 Engineering & Survey 11,200.00 Project Management 2.800.75 Total Contract 58,815.65 G. Construction of the Project. 1. DEVELOPER shall install and construct the Project in compliance with and subject to all conditions provided herein. 2. DEVELOPER shall obtain and/or provide all engineering, surveying, contract administration, and/or permanent and temporary easements necessary for the construction of the Project. 3. DEVELOPER shall undertake and/or provide all testing, sampling and other normally conducted measures for quality controUquality assurance regarding any and all installed systems. 4. CITY shall provide inspection services for the construction of the Project in accordance with CITY standards. H. Change Orders to Construction Contract. DEVELOPER shall obtain the written approval of CITY before approving any change order to the construction contract if (a) the cost of the change order wi11 exceed one percent (1 %) of tine contract price or (b) the cumulative total of all previously approved change orders exceeds ten percent (10%) of the contract price. In the event of a change order, CITY and DEVELOPER shall execute an amendment to this Agreement to record the amount of the change order to be reimbursed to DEVELOPER, if any. In the event that a change order or other amendment to the construction contract results in a cost savings, CITY and DEVELOPER shall execute an amendment to this Agreement to reflect how the cost savings will be allocated between CITY and DEVELOPER I. Completion of the Project. 1. Upon final completion of the Project, DEVELOPER shall fiunish to CITY written certification that the Project has been completed in accordance with the approved plans. Within fifteen (15) days after delivery of the certificate of completion, CITY shall either accept the same or provide a written itemization of those matters it reasonably finds to be non-conforming with the appmv~ plans, in which case DEVELOPER shall promptly cause the remediation of all non- conforming matters. 2. Upon completion of the Project, DEVELOPER shall deliver to CITY comprehensive as-built drawings for the Project in both a reproducible, printed format, on both mylar and in electronic files in AutoCAD format. 3. Upon completion of the Project, DEVELOPER shall complete all paperwork necessary to assign to CITY the contractor's one (1) year warranty of the work and materials on the Project. 4. Upon completion of the Project, DEVELOPER shall represent and warrant that the Project is free and clear of all liens aad encumbrances not created by or with the written consent of CITY. 5. Upon completion of the Project, CITY shall issue an approval letter accepting ownership to DEVELOPER J. Reimbursement to DEVELOPER 1. Estimated Total Reimbursement. Because the DEVELOPER shall install, construct and erect domestic water system as shown on Exhibit "B", the CITY shall reimburse to the DEVELOPER that portion of the cost associated with the construction that has been determined by CITY to be able to benefit properties other than the user's, by refimding 40% of the assessment fee collected by CITY in accordance with the City Ordinances 9-1-i2 in effect at the time the Building Permits are issued far DEVELOPER'S lots within DEVELOPER'S property, after a 5.0% deduction for an administration fee, with the total reimbursement to the DEVELOPER estimated at 22 349.95. The CITY will make an audit of this agreement on a quarterly basis, beginning three months from the date of this agreement, and reimburse the DEVELOPER in accordance with this agreement from the assessment fees collected during the audit period for the DEVELOPERS property, Volterra and Volterra South Subdivisions. K. Term of A Bement. Payments shall continue under this agreement for a period of 10 (ten) years from the date of execution of this agreement by CITY, or until DEVELOPER is reimbursed the amount estimated at 22 349.95 ,whichever occurs first. The City ordinance in effect at the time of execution of this agreement does not allow the term of this agreement to extend beyond 10 (ten) years. If the DEVELOPER has not been reimbursed the estimated amount as shown above after ten (10) years from the date of this agreement, and if the CITY ordinance has been amended to allaw this agreement to be extended beyond a ten year period, then this agreement may be extended by mutual Agreement of the CITY and the DEVELOPER This provision is intended to allow CITY to consider extending this agreement if allowed by ordinance and does not commit CITY to agree to such an extension if allowable. L. Water and Sewer Lines on DEVELOPER's Proneriv. As a condition for CITY entering this Agreement, DEVELOPER has or will request and submit to inspections by the Public Works Depar~ent and/or the Building Department of CITY whenever a building is to be connected to any and all portions of the Project constructed and installed on and/or within DEVELOPER's property. M. Compliance with Laws. 1. In constructing and installing the Project on and/or within its property, DEVELOPER, at its sole expense, shall comply with any and all laws, orders and regulations of Federal, State and local authorities and at DEVELOPER's sole expense shall obtain any and all licenses or permits which may be required for or in tlne course of the performance of this Agreement. 2. Upon connection to the City of Meridian water and sanitary system, DEVELOPER shall abide by all applicable CITY laws, rules and regulations pertaining to water and sanitary sewer systems. N. Indemnification and Insurance. DEVELOPER shall include in all contracts between DEVELOPER and the contractors the indemnification and insurance requirements as set forth in this paragraph. All contractors shall indemnify and save and hold harniless CITY and DEVELOPER from and for any and all losses, claims, actions, judgments for damages, and/or injury to persons or property and losses and expenses caused or incurred by contractors, their servants, agents, employees, guests, and/or business invitees, and not caused by or arising out of tortious conduct of CITY or its employees or its DEVELOPER In addition all contractors shall maintain, and specifically agrees that it will maintain, throughout the pendency of this Agreement, liability insurance in which CITY and DEVELOPER shall be named insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. "The limits of such insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY and DEVELOPER, and if CITY and DEVELOPER become liable for an amount in excess of the insurance limits herein provided City and DEVELOPER covenants and agrees to indemnify and save and hold harmless CITY from and far all such losses, claims, actions and/or judgments for damages and/or liability to persons and/or property. DEVELOPER shall provide CITY with a certificate of insurance or other proof of insurance evidencing DEVELOPER'S compliance with the requirements of this paragraph by filing such proof of insurance with the City Clerk. In the event the insurance minimums of the Idaho Tort Claims Act are changed, CITY shall notify DEVELOPER of such change, and DEVELOPER shall immediately submit proof of compliaace with the changed limit. City hereby indemnifies and saves and holds harmless DEVELOPER from and for any and all losses, claims, actions judgments for damages, and/or injury to persons or property and losses and expenses caused or incurred by CITY, its servants, agents, employees, and those parties under the control or direction of the CITY. The duty to indemnify shall also include the duty to defend DEVELOPER at the CTTY'S cast. O. No Assignment. DEVELOPER shall not assign any portion of this Agreement or any privilege here under, either voluntarily or involuntarily, without the prior written consent of the CITY, which consent shall not be unreasonably withheld. P. Remedies upon Default. 1. Default by DEVELOPER In addition to such other remedies at law or in equity that CITY may have, in the event DEVELOPER fails or neglects to perform its obligations under tine terms and provisions of this Agreement in the time and manner required herein, CITY may withhold any reimbursement due to DEVELOPER hereunder until such default is corrected to the satisfaction of CITY. 2. Default by CITY. In the event CITY fails or neglects to perform its obligations under the terms and provisions of this Agreement in the time and manner required herein, DEVELOPER shall be entitled to all remedies available at law or in equity. Q. Attorney Fees. Should either party find it necessary to employ an attorney for representation in any action seeking enforcement of any provision of this Agreement, or to recover damages for breach of this Agreement, or to resolve any disagreement as to the interpretation of this Agreement, the unsuccessful party in any final judgment or award entered pursuant to such action shall reimburse the prevailing party for all reasonable costs, charges and expenses, including attorneys' fees expended or incurred by the prevailing party in connection therewith and in ~~° ",~ • connection with any appeal, and the same may be included in such judgment or award. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. R. Notices. Any notice desired by the parties and/or required by this Agreement shall be sent via United States Mail, registered or certified mail, postage prepaid, return receipt requested, and shall be addressed as follows: Meridian City Engineer City of Meridian 660 E. Watertower, Suite #200 Meridian, Idaho 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 DEVELOPER: Primeland Development Co., LLP 3120 W. Belltowere, Ste. 100 Meridian, Idaho 83642 Such notice shall be deemed delivered if and when delivery is accepted or three {3) days after deposit in the United States Mail. Either 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. S. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho and the ordinances of the City of Meridian. T. Exhibits. All exlu'bits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. U. Entire Agreement. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to any other • in any manner by any representations, warranties, covenants and agreements except as specifically set forth herein. V. Definition of DEVELOPER's Prouerty. The term "DEVELOPER'S Property" in the Agreement shall mean the parcels shown on Exhibit "A" attached hereto, and more specifically all of the property included in the Volterra and Volterra South Subdivisions. W. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, successors and assigns, and shall survive any transfer by DEVELOPER of DEVELOPER'S Property. X. Reports and Information. At such times and in such forms as the CITY may require, DEVELOPER shall fiunish to CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. Y. Audits and Inspections. At any time during business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of DEVELOPER's records with respect to all matters covered by this Agreement. DEVELOPER shall permit the CITY to audit, examine, and copy such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Z. Construction and Severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers the day and year first above written. DEVELOPER: Primeiand Development Co., LLP ~.CFau~ 1'I ?"'L' ff Name (printed) S~ ~F11}~RAL C's~s7: i0/~~. Title ~ /~/©~ Date CITY: BY: ~J'~l`' i~ ~ P,T I , Z~C~ TAMMY de ,MAYOR Dame ``~`,'~~~~~~~uu~iuNy~~''i Attest: ~o ~.. _ . ~ ~~ J~~ ~~~ ~ ~ ~~ l ~ ~~ ~ i STATE OF IDAHO ) ss County of Ada ) On this 30+~ day of Ju.NE ,2008, before me the undersigned, a Notary Public in and for said State, personally appeared ~t.EPtN F ~'tGH , known or identified to me to be the person whose name is subscn~ed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. lQ p •. cam- r~ ~A :, Notary Pub c For Idaho ~1oT~lgp # ~+ # Residing at: L'anyein Cr~uar-~r Catalwell.l0 pD8L1G Commission Expires: - /11 12013 •,y~',l- p ' .~ ti~~~a~ OF 1~ ~~~ STATE OF IDAHO ) ss County of Ada ) On this ~~ day of ,2008, before me the undersigned, a Notary Public in and for said State, p sonally appeared TANIlVIY de WEERD and JACEE HOLMAN, known to me to be the Mayor and City Clerk of the City of Meridian, Idaho, who executed the within instrument and acknowledged to me that they executed the same on behalf of the City of Meridian IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~,~-~ . . Notary Public For Idaho :~ ~~ ;~ ~ ; r Residing at :O'~, ; ~; _Ca~dLux ~t,1D ~, . 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From: Bruce Freckieton, Development Services Manager CC: File Date: 4/26/07 Re: Proposed Agenda Item for July 1,2008 City Council Meeting Mayor Tammy de YVeerd City Coundl Members: Keith Bird Joe Borton Char{es Rountree David Zaremba RE~"~' I ~~~~ ~1L~ ~~-a~i~~~ay~ City ~~er~ ®~~~ The Development Services Division of the Public Works Department respectfully requests the following item be placid on the July 1, 2008 City Council Consent Agenda, for Council's consideration: Cooperative Construction and Reimbursement Agreement with Primeland Development Co.. LLP fora 12-inch water main from the intersection of Ten Mile and McMillan Roads west approximately 1000-feet This agreement provides for reimbursement of approximately $22,349.95 of the total estimated construction cost of $58,815.65. The reimbursement will come from a portion of the water assessment fees collected in the developer's own subdivisions, Volterra and Voltera South, with a payout to the developer from the funds collected each quarter beginning three months from the date of this agreement. Recommended Council Action: The Development Services Division of the Public Works Department recommends that City Council approve this Cooperative Construction and Reimbursement Agreement with Primeland Development Co., LLP fora 12-inch water main from the intersection of Ten Mile and McMillan Roads west approximately 1000-feet. Thank you for your consideration. Please contact me should you have any questions or concerns regarding this item. Fran fhe desk of... Bruce A Freckleton Development services Manager Meridian Public Works Departrnent 660 E. Watertoawer Lane. Suite 200 Meridian. Idaho 83642 • Page 1 Fax (208) 898- i • COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT 12-INCH WATER MAIN FROM THE INTERSECTION OF TEN MILE AND MCMILLAN ROADS WEST APPROXIMATELY 1000 FEET THIS AGREEMENT made this day of , 2008, by and between the CITY OF MERIDIAN, a municipal corporation, hereinafter called "CITY," and Primeland Development Co., LLP, hereinafter called "DEVELOPER": WITNESSETH: WHEREAS, DEVELOPER owns land inside the corporate limits of the City of Meridian and desires to construct approximately 1,000 feet of 12-inch water main, along McMillan road west of Ten Mile Road, to be owned, operated, and maintained by CITY to serve DEVELOPER's property, Volterra and Volterra South Subdivisions (shown on Exhibit "A"), and has requested reimbursement for a portion of the 12-inch water main; WHEREAS, upon recommendation of the Public Works Department, the City Council of CITY accepted and approved the proposal of DEVELOPER to construct the said 12-inch water main system, subject to all conditions hereinafter provided by this Agreement; NOW THEREFORE, in consideration of the foregoing premises, CITY and DEVELOPER hereby agree: A. Preparation of Plans. DEVELOPER has prepared plans and specifications, drawings, instructions, bid proposal and all other contract documents for the construction and installation of the 12-inch water main system {hereinafter called "Project"), shown on preliminary plans (hereinafter called "Exhibit "B"), including rights-of--way, grades and elevation, and materials used in the construction and installation of said Project. B. Final Approval of Plans. Prior to commencement of construction, CITY shall approve or reject, in its discretion, the Project plans. CITY and DEVELOPER shall acknowledge in writing the final plans, and said plans shall not thereafter be modified in any material way unless such modifications are approved in writing signed by CITY and DEVELOPER. • . C. Solicitation of Bids. DEVELOPER has solicited bids for construction of the Project from at least three (3) properly licensed public work contractors. DEVELOPER must notify CITY of the bid opening forty eight (48) hours in advance and provide the opportunity for a CITY representative to attend the bid opening during normal working hours. DEVELOPER will award the construction to the lowest responsible bidder after obtaining concurrence from CITY of low bidder. D. Contract Terms. DEVELOPER shall provide CITY with a copy of the executed construction contracts}. All construction contract(s) shall include, at a minimum, the following provisions: 1. A requirement that the contractor provide payment and performance bonds naming CITY as an additional beneficiary as required by the Public Works Contractors License Act, Chapter 19, Title 54 of the Idaho Code. 2. A requirement that the successful bidder be licensed as a public works contractor. 3. A requirement that the construction of the Project shall be in accordance with the approved designs, plans, and specifications and be Substantially Complete within six (6) months of the date of the issuance of a Notice to Proceed from the City. For the purposes of this Agreement, the term "Substantially Complete" shall mean that the Project and ail components thereof can be safely used for their intended purposes} despite the fact that some item or items remain uncompleted. 4. A provision that the time for Substantial Completion will only be extended by (a) acts of God, (b) war, (c) delays caused by CITY, (d) weather, (e) review and/or approval processes required by outside agencies not otherwise parties to this Agreement (f) any request for extension of time approved in writing by CITY. 5. A requirement that the contractor shall maintain liability insurance insuring against bodily injury or death with limits of not less than One Million Dollars ($1,000,000.00) per person and per occurrence, and property damage with a limit of One Million Dollars ($1,000,000.00) per occurrence,. Said requirement is extinguished upon acceptance of Project by City. 6. A provision that the contractor shall indemnify CITY and DEVELOPER from any and all claims by third persons arising out of the performance of the contract. 7._ A provision that the contractor shall comply with all applicable laws, rules, and regulations, and that the contractor shall secure all applicable permits and pay all applicable fees. ~ • 8. A provision providing at least a one { 1 }year warranty on the operation and materials of the Project, which warranty shall be assignable to CITY, to be secured by the posting of a performance bond in favor of City upon project completion in the amount often percent (10%) of the total Project cost. E. Conditions Precedent to Execution of Construction Contract(s). Prior to execution of any construction contract, the following conditions shall be satisfied: 1. DEVELOPER shall obtain written approval from CITY of the form and terms of such construction contract, which approval may be withheld for any reason, including but not limited to DEVELOPER's failure to obtain a construction contract that contains the provisions required by this Agreement, but which approval shall not otherwise be unreasonably withheld. 2. Any easements required for the Project or the construction thereof shall be deeded to CITY and recorded prior to construction of the Project. F. DEVELOPER and CITY Responsibility for Costs. Because the DEVELOPER will construct the Project, as shown on Exhibit "B", it is mutually agreed that the cost of the Project will be subject to actual cost verification by CITY. DEVELOPER shall fund 100% of the cost of the Project, estimated at $58,815.65 with reimbursement from the CITY in accordance with the provisions of this Agreement as listed below. Contractor 44,814.90 Engineering & Survey 11,200.00 Project Management 2.800.75 Total Contract 58,815.65 G. Construction of the Project. 1. DEVELOPER shall install and construct the Project in compliance with and subject to all conditions provided herein. 2. DEVELOPER shall obtain and/or provide all engineering, surveying, contract administration, and/or permanent and temporary easements necessary for the construction of the Project. 3. DEVELOPER shall undertake and/or provide all testing, sampling and other normally conducted measures for quality controUqualiry assurance regarding any and all installed systems. 4. CITY shall provide inspection services for the construction of the Project in accordance with CITY standards. • H. Change Orders to Construction Contract. DEVELOPER shall obtain the written approval of CITY before approving any change order to the construction contract if (a) the cost of the change order will exceed one percent (1 %} of the contract price or (b) the cumulative total of all previously approved change orders exceeds ten percent (10%) of the contract price. In the event of a change order, CITY and DEVELOPER shall execute an amendment to this Agreement to record the amount of the change order to be reimbursed to DEVELOPER, if any. In the event that a change order or other amendment to the construction contract results in a cost savings, CITY and DEVELOPER shall execute an amendment to this Agreement to reflect how the cost savings will be allocated between CITY and DEVELOPER. I. Com letion of the Project. 1. Upon final completion of the Project, DEVELOPER shall furnish to CITY written certification that the Project has been completed in accordance with the approved plans. Within fifteen (15) days after delivery of the certificate of completion, CITY shall either accept the same or provide a written itemization of those matters it reasonably finds to be non-conforming with the approved plans, in which case DEVELOPER shall promptly cause the remediation of all non- conforming matters. 2. Upon completion of the Project, DEVELOPER shall deliver to CITY comprehensive as-built drawings for the Project in both a reproducible, printed format, on both mylar and in electronic files in AutoCAD format. 3. Upon completion of the Project, DEVELOPER shall complete all paperwork necessary to assign to CITY the contractor's one (1) year warranty of the work and materials on the Project. 4. Upon completion of the Project, DEVELOPER shall represent and warrant that the Project is free and clear of all liens and encumbrances not created by or with the written consent of CITY. 5. Upon completion of the Project, CITY shall issue an approval letter accepting ownership to DEVELOPER. J. Reimbursement to DEVELOPER. 1. Estimated Total Reimbursement. Because the DEVELOPER shall install, construct and erect domestic water system as shown on Exhibit "B", the CITY shall reimburse to the DEVELOPER that portion of the cost associated with the construction that has been determined by CITY to be able to benefit properties other than the user's, by refunding 40% of the assessment fee collected by CITY in accordance with the City Ordinances 9-1-12 in effect at the time the Building Permits are issued for DEVELOPER'S lots within DEVELOPER'S property, after • 4 a 5.0% deduction for an administration fee, with the total reimbursement to the DEVELOPER estimated at 22 49.95. The CITY will make an audit of this ageement on a quarterly basis, beginning three months from the date of this agreement, and reimburse the DEVELOPER in accordance with this ageement from the assessment fees collected during the audit period for the DEVELOPERS property, Volterra and Volterra South Subdivisions. K. Term of Agreement. Payments shall continue under this agreement for a period of 10 (ten} years from the date of execution of this agreement by CITY, or until DEVELOPER is reimbursed the amount estimated at $22,349.95 ,whichever occurs first. The City ordinance in effect at the time of execution of this agreement does not allow the term of this agreement to extend beyond 10 (ten} years. If the DEVELOPER has not been reimbursed the estimated amount as shown above after ten (10) years from the date of this agreement, and if the CITY ordinance has been amended to allow this agreement to be extended beyond a ten year period, then this agreement may be extended by mutual Agreement of the C[TY and the DEVELOPER. This provision is intended to allow CITY to consider extending this ageement if allowed by ordinance and does not commit CITY to agree to such an extension if allowable. L. Water and Sewer Lines on DEVELOPER's Property. As a condition for CITY entering this Agreement, DEVELOPER has or will request and submit to inspections by the Public Works Department and/or the Building Department of CITY whenever a building is to be connected to any and all portions of the Project constructed and installed on and/or within DEVELOPER's property. M. Compliance with Laws. 1. In constructing and installing the Project on and/or within its property, DEVELOPER, at its sole expense, shall comply with any and all laws, orders and regulations of Federal, State and local authorities and at DEVELOPER's sole expense shall obtain any and all licenses or permits which may be required for or in the course of the performance of this Agreement. 2. Upon connection to the City of Meridian water and sanitary system, DEVELOPER shall abide by all applicable CITY laws, rules and regulations pertaining to water and sanitary sewer systems. N. Indemnification and Insurance. DEVELOPER shall include in all contracts between DEVELOPER and the contractors the indemnification and insurance requirements as set forth in this paragaph. All contractors shall indemnify and save and hold harmless CITY and DEVELOPER from and for any and all losses, claims, actions, judgments for damages, and/or injury to persons or property and losses and expenses caused or incurred by contractors, their servants, agents, employees, guests, and/or business invitees, and not caused by or arising out of tortious conduct • '~ of CITY or its employees or its DEVELOPER. In addition all contractors shall maintain, and specifically agrees that it will maintain, throughout the pendency of this Agreement, liability insurance in which CITY and DEVELOPER shall be named insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. "The limits of such insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY and DEVELOPER, and if CITY and DEVELOPER become liable for an amount in excess of the insurance limits herein provided City and DEVELOPER covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions and/or judgments for damages and/or liability to persons and/or property. DEVELOPER shall provide CITY with a certificate of insurance or other proof of insurance evidencing DEVELOPER'S compliance with the requirements of this paragraph by filing such proof of insurance with the City Clerk. In the event the insurance minimums of the Idaho Tort Claims Act are changed, CITY shall notify DEVELOPER of such change, and DEVELOPER shall immediately submit proof of compliance with the changed limit. City hereby indemnifies and saves and holds harmless DEVELOPER from and for any and all losses, claims, actions judgments for damages, and/or injury to persons or property and losses and expenses caused or incurred by CITY, its servants, agents, employees, and those parties under the control or direction of the CITY. The duty to indemnify shall also include the duty to defend DEVELOPER at the CITY'S cost. O. No Assi nment. DEVELOPER shall not assign any portion of this Agreement or any privilege here under, either voluntarily or involuntarily, without the prior written consent of the CITY, which consent shall not be unreasonably withheld. P. Remedies upon Default. 1. Default bYDEVELOPER. In addition to such other remedies at law or in equity that CITY may have, in the event DEVELOPER fails ar neglects to perform its obligations under the terms and provisions of this Agreement in the time and manner required herein, CITY may withhold any reimbursement due to DEVELOPER hereunder until such default is corrected to the satisfaction of CITY. 2. Default by CITY. In the event CITY fails or neglects to perform its obligations under the terms and provisions of this Agreement in the time and manner required herein, DEVELOPER shall be entitled to all remedies available at law or in equity. Q. Attorney Fees. Should either parry find it necessary to employ an attorney for representation in any action seeking enforcement of any provision of this Agreement, or to recover damages for breach of this Agreement, or to resolve any disagreement as to the interpretation of this Agreement, the unsuccessful party in any final judgment or award entered pursuant to such action shall reimburse the prevailing party for all reasonable costs, charges and expenses, including attorneys' fees expended or incurred by the prevailing party in connection therewith and in • connection with any appeal, and the same may be included in such judgment or award. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. R. Notices. Any notice desired by the parties and/or required by this Agreement shall be sent via United States Mail, registered or certified mail, postage prepaid, return receipt requested, and shall be addressed as follows: CITY: Meridian City Engineer City of Meridian 660 E. Watertower, Suite #200 Meridian, Idaho 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 DEVELOPER: Primeland Development Co., LLP 3120 W. Belltowere, Ste. 100 Meridian, Idaho 83642 Such notice shall be deemed delivered if and when delivery is accepted or three (3) days after deposit in the United States Mail. Either 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. S. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho and the ordinances of the City of Meridian. T. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. U. Entire Agreement. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to any other • in any manner by any representations, warranties, covenants and agreements except as specifically set forth herein. V. Definition of DEVELOPER'S Property. The term "DEVELOPER's Property" in the Agreement shall mean the parcels shown on Exhibit "A" attached hereto, and more specifically all of the property included in the Volterra and Volterra South Subdivisions. W. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, successors and assigns, and shall survive any transfer by DEVELOPER of DEVELOPER'S Property. X. worts and Information. At such times and in such forms as the CITY may require, DEVELOPER shall furnish to CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. Y. Audits and Ins ections. At any time during business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of DEVELOPER'S records with respect to all matters covered by this Agreement. DEVELOPER shall permit the CITY to audit, examine, and copy such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Z. Construction and Severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. Name (printed) Signature ~~~~~ Title 'S'ut~E ~S, 2ooR Date CITY: ~~ BY: TAMMY de ,MAYOR Date Attest: WILLIAM G. BERG, JR., CITY CLERK COOPERATIVE CONSTRUCTION AND .REIMBURSEMENT AGREEMENT' -Page 8 of 9 STATE OF IDAHO ) )~ County of Ada ) On this ?~ ~~ day of s ~,U1 %.- ,2008, before me the undersigned, a Notary Public in and for said State, personally appeared ~{-~1k1C. S ~,~,-~(~; ~~., ,known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. KIMBERLY VVfNICLE Notary Pubic Stzte of Idaho Notary Public For Yda Residing at:_~ Commission Expires:, r~ STATE OF IDAHO ) ss County of Ada ) On this day of ,2008, before me the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR, known to me to be the Mayor and City Clerk of the City of Meridian, Idaho, who executed the within instrument and acknowledged to me that they executed the same on behalf of the City of Meridian 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 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MATCHLINE STA:44+00 SEE SHEET S-17 ®®$®~~~~~ ®~+~+~9~~C~9~OOOOOOO .,t, ~;; ~ ? `~~~~~`{~`- ~g~ gay ~ ~ ~ +3~,r'~ ~ ~ fi2~ a >a 4q. ~ ~ ~r 4TP ~~ ~, a ~ aceauo ev: ASR a¢aaro er: ust (~ '"'B'"° "~- °`°'°"" TEN MfLE & MCMILLAN STREET ~~ ~ ~ ~ ~~ ~ ~ IMPROVEMENT PLANS ~~Quadrant rn~ ag'o,~ ~ ~ MCMILLAN PLAN & PROFILE SfA:39+50-44+00 ~a+u ~ Kns~l~iROg~, Inc: ~~ e.~ms ~ W SCALE: PNO.QCT NO. DRAI~VG FILL NAA~E fine) .UY-W9~ romxE (toDl ]~s-am2 T~.r t'mffi CVm-asawnsu o+e a~+mmFmz- xnm-memxm. xuuwaxr • June 27, 2008 VAC 08-005 MERIDIAN CITY COUNCIL MEETING JUIy 1, 2008 APPLICANT ITEM NO. REQUEST Resolution -- Request for a Vacation of the 10-foot wide public utiility easement located along the south property boundary of Lot 3, Block 1 of Devon Park Subdivision No. 2 -east of N. Meridian 8~ E. Fairview Avenue AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: COMMENTS See aticched Resolution Yam 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 Ctiy of Meridian. ADA I~URT1f RECORDER d. DAUiD NAVARRO AlViOUNT .00 10 BOISE IDAHO O71~JOS P{S DEPUTY BonnleOberhiliig Ifl I~ryll„"u~IIII flII~III~I'~~~~ REGDRDED-REQUEST OF 10~0EI3;~2~ Motldion City ~~.@~ JdY~~ This sheet has been added to the document to accommodate recording information. second Recording to allow for addition of pages 5-9 (Exhibit A). Replacing previously recorded instrument # 108080947. Vacation of Utility Easement Resolution 08-612 ®evon Park #2 Approved by City Council on July 1, 2008. ADA COUNIY R~RDEII d. NAVARRO ADIOUNT .QO ~ • BOIBE IDAHO O7Mi~ Q4:~f~f P~ DEPUTY Use REl~RDED-REA OF Meridlen Gify CITY OF MERIDIAN BY THE CITY COUNCIL: RESOLUTION NO. dd - Ala BIRD, BORTON, ROUNTREE, ZAREMBA A RESOLUTION VACATING THE 10-FOOT UTILITY EASEMENT LOCATED ALONG THE SOUTHERN BOUNDARY OF LOT 3, BLOCK 1, DEVON PARK SUBDIVISION N0.2, RECORDS OF ADA COUNTY, SAID SUBDIVISION BEING LOCATED IN THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EAST, CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 24, 2008 the City Council of Meridian, held a hearing an the vacation of the 10-foot utility easement located along the southern boundary of Lot 3, Block 1, Devon Park Subdivision No.2, records of Ada. County, said subdivision being located in the Southeast Quarter of Section 6, Township 3 North, Range 1 East, City of Meridian, Ada County, State of Idaho, and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the vacation of the 10-foot utility easement located along the southern boundary of Lot 3, Block 1, Devon Park Subdivision No.2, records of Ada County, said subdivision being located in the Southeast Quarter of Section 6, Township 3 North, Range 1 East, City of Meridian, Ada. County, State of Idaho, is hereby vacated. Copies of the necessary relinquishments are attached as Exhibit "A". Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. VACATION OF PUBLIC UTILITY EASEMENTS FOR DEVON PARK N0.2 -VAC 08-005 Page 1 of 2 • ~~ SED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~, day of 2008. ~~ PROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~, day of coos. /~ MAYOR de WEERD ATTEST: JAYCEE L. HOLMAN, CITY STATE OF IDAHO, ) ss County of Ada ) `'~,~~~uu a urrrrrrrr~ ~ ~. ~'~ ~- :_ BEAL s ~~ Ql ` ''''''~~~4grrrett nt.N~~~~,,,,`~, On this ~_ day of ~`~""~" , 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared TAIVIlVIY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WI~REOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .• EAT •. (SEAL) ; ~ 4,gY ~ : "; %~' .p ; x. ~ • . ~• • ~ r U ~ ,~0~ ~~~-~~rV ~l~~11 ~~ ~~ ~~ NOTARY PUBLIC FOR IDAHO RESIDING AT: C~ ~ 1!1~ MY CONIlVIISSION EXPIRES: lf~-1 w 1 VACATION OF PUBLIC UTILITY EASEMENTS FOR DEVON PARK N0.2 -VAC 08-005 Fage 2 of 2 CJ EXH~~T A~ l__.I otl/O~a~ ~ aomlal nlls amlmml ~ , ate' DEVON PARK SUBDIVISION No. 2 Aaaor 19 A ~ t0T 6 &.~f J: ~YpV AAIiR ~ 1 avl ~-~ ~ I AMD A i O 91E 1/1 a' A@' 3AIBIEFS/ ! ~ ~' III Q, W =~ W l pP 7 W r Iw a 1014 W / Lwl em l Tfl1~P J MntfiC~R ' i GS! O' AtE B~ J ~-~ ~____..___..______.._______________ _~ Sao f211'W11~AIR~ ;~ / ~ ~ 1 1 ~.__._ A ~ j~ j 1U~ 11 \ / \ 1 i IJ ~ ~ '1 \1 1 11 IOr 1~ 1 i 1 ~ ~ f~`~" 9 1 •~ SCAtt . it ~ ~~_ _, 11 ' / jl ~Y'fll4llalNY~ \ 1 ml ~~ Idl~a u _ ..a. __~ ma ---- 1 ~ {,-- --_J _- F~I~mait Proposed = ~ - --- r -- ~- -- -~ Ir. mn 1 VIN 1 (E7/ taTa ~ 0}0 1 m ~~ ~~~ ar 8 aaa a r. ~._ E iAWY1FN A17'AA C 4 a° i 1 i {~ tao a ~ ~^ lw i~C ~ satmwa~ln rs lm /a ~w l maaae LI.. 1 ~ 1 ea ' ~O ®~~~a ~ ~ ~ ~ @ ~ ~ ~Iafm~raLL ar~a0 ~ a O m ® YO I 1 1 r ~ ~ IOrO 1 'Wl • ~y ~ p ~~ ~ Olfls~fi00loi alYmR/6atr@lAaa~AaO~ r4 ~'~'~ ~~ / 1 a l~i{rO ~~rrl~^asaeasaoraaass ~t 1 _ ___ 1 S Coro g _.. J r_ ae~l'Q~+~'s'i$.°m°~®ma+ao~wwn®e ~••_• Fr i°sa~sia~rr i r . ~ ~_~ aoru ~ - `~l ,. . ..1 1 ml ~~ral~~or~$i °rOloromaol rr ~ l ,~' Ian r ~~ ~~.p ; ~ a• r aaml o ~,~ o °° ~~ ~~ 1 1 1 • t.{__ . _ _ ~ M wl ~ l~ a~al~a@a~ mo ~ ~q' M~i I~ee.M~lYeltstallaOls! I 1 ~ 1 O rl• r ~® ~ ~®aal F~Ia~t~iOPat@a~aOQOrI wv i 1 -__ ~L__ . ~ _ _____ ~__.~___ _.~ _________.._ ~ _- O - mla i c a~a aam R R r -a a ~ ~. ,.~ '"T / ~~p. ans. ar mrm+a 1 Dora w ._ - 1, ~~~~~~~~ ~E ~. ~~~ -2- ~i~'~ a .• rAR~, ~rrr vACA~ox . Int+enno~mtaiit C3as Cosnpanyrelingaishea any~d all of ffieirsl~ to tie follCOwlnS descn'bed easomlant. C (~ . OUNTAIl~T . lN'I'~M GAS C~VIPANY • _ ~ /. ` /. ` ~an1e: ~ ~ 1 oe~c y• 4w J 1 . o~s~ Title: ~ ~ ~c\o~ a~c_„~y_.~~.r,~ STATE OF IDAHO ) ' COUNTY OF ADA ) On this ~~ day of _ _ •.a. in the year of 'a°D8 • before me, dte Sned. PAY aPP V ~ ~i - known to me fobs theperson whose name is wed to the within meat, who, beingby sne 8><st defy sw~e, did depose and eaythat he is 0 •~.~~ .~ @~. o~of. oro~ ttas Company asst ~®he ese the foregoing instivment on . behalf of said Eam for the use and proposes staled ffie~. IN ~VTI~IESS W't~RBOF, I have se my lead and aired say offirolal seal the day and y~ in this ce~tiSi~ Stet above vvrlt~n. .•• ~,~~- e 5~~,''•., . Notary Pablia for Idaho • . '~.• ~~.~~~pM~~• Cl Imo, \' • •~~ ~~ ~•~ =' ~;~ N ~ T AR ~ o : Residing at: ~ w... • ~.P ~ 3~.3y ~ f'' r • March 16, 2008 Intermountain C3as ~,X~i ~ ~~.. 555 S. Core Road Boise, Idaho 83709 RE: l~von Park Subdivision No. 2 Fairview bakes Meridian, Idaho In regards to the above referenced subdivision plat I am requesting the relinquishment of any claim or interest in the origiaa110 feet wide utility easement originally granted on the ~uthern property line of Lot 3 Block 1 Devon Park Subdivision No.2. Please review the Devon Park Subdivision No.3 is a resubdivision of Lot 2, Block 1, Devon Park Subdivision No. 1 and Lot 3, Block 1, Devon Park Subdivision No. 2. Devon Park Subdivision No. 3 will provide utility easements. See the attached subdivision plat. Your co 'on on this matter would be appreciated. Y ~~ ~~~~~ DOUG TAMURA 11 as Santa Mario " Boise, !D 83712 P' (208 336-7061 ( j 208 343-2210 (fl doughtctmura@msn.com Qwe st~ Spl~lf QlSenr~ce March 20.2008 Doug Tamura 1124 Santa Maria Boise, ID 83712 RE: Devon Park Subdivision #2 Fairview Lakes IVieridian, ID Deter Mr Tamura: lteferenae is made to your request for Qwest to vacate the 10 feet wide utility easement on the mouth property line of Lot 3 Block 1. Qwest has no need to use the described easement at this time and have no plans to utilize it in the future. Basal upon this we have no objections to the requested easement vacation. Please call me if you have any questions. Sincerely, ~ ~ ww~. o~tsl~,.~.~. Qwest corporation Janet Sanchotena Senior Design Engineer 1315 W Amity Rd Boise, ID 83705 20&385-?.344 ?A8-385-2417 Fax .:; • VUt uS make yousmile. Doug raga iiaa same t~taria ID ti3712 RB: vaeation of Rasem~t 1>Pant SubdiviafionNo. 2 Merldiaa, Idaho 2101 E.gARCHER HD NABdPA ID, 83687 208.4SS-3589 ~ regards to tta3 request for the retiaquisha~ent of origiaatty granted a~ the swrthe~ 1~~Y time of 1+at 3 $look 1 Devon Park Subdivisioa No. 2, CableOae has no objedio~ to the re+littquishmaot of such eae~. Thank yon for the attentia~n aathis matter. ~~ Stave ~flilliams n .~ ., t~~ ~~~~. 1/0-wl~vY`~~%r0 March 26, 2008 Doug Tanwra 1124 Santa Maria Boise, ID 83712 Coal A Mr.Kee, Prudent ~Y R Hub~,1st Vice Preslde~ gave Givens, 2rnl Vice Prudent Jim S. Fra-x~n, Carnmtssloner Ret~ca W. Arttold, C.~ra~ter Sul~ect: Vacation Applications -Devon Park Subdivision No 2 and Kobe Subdi~slsion Doug, I have received your requestfor Vacation of the Utility Easements in the above mentioned Subdivisions. The Devon Park Subdivision has a uttliaby easement only. 11te City Rf Meridian and Idaho Power haue applications that must be submitted to haue the easement vacated. ACHI? has rw iftteT6st in the easements and no vacation with the District u)ill 6e Tequired. 49~e proposed Kobe Subdivision has a Utility and Drainage Easement This easement requires the applicant t+v follow the Vacation and l:;xc~ianae Procedures for Public Right-of-~Vau tfiat is available on our uAebsite. As you are already aware. this procedure also requires approval from the various cities as uleli as an Idaho Power apptica~ton. Please feel free to caantact me with any more questions. ~a~~ `~I 1~~~~ Sr. Right of Way Agent R~ht-o,~ Wag and Deuetopment Sens Ada County ffighway Dlstrdct -- Cotmnitted to Service (208j387--6274 Dtred (ZaB s393 ~ Ada tautgt hQgtnkay Olstrtct • 3775 Alone; Street • t Qh-, ID •83714 • Pii 2~ 3B7-tii~ • FX 345-7b50 • www,ad~d.ade.td.~as • • June 27, 2008 MERIDIAN CITY COUNCIL MEETING JUIy 1, 2008 APPLICANT ITEM NO.rj~- REQUEST Contract Amendment for Senske Lawn & Tree Care, Inc. for the addition of services to the water division building and Fire Station No. 5 for $24,925.00 over the 3 year contract term 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 Cffy of Meridian. ~' E IDIAN~-~ ~ IDAHO GITY OF MERIDIAN CONTRACT AMENDMENT CONTRACTOR NAME: DEPARTMENT NAME: Senske Lawn and Tree Care, Inc Parks ADDRESS: ADDRESS: 763 N Ralstoc~ St 33 E. Idaho Meridian. ID 83642 Meridian, ID 63642 CURRENT CONTRACT INFORMATION: Amendment Date: 7-1-08 Previous Amendmer>ts: Q Current Contrail Dates: START: ~/ar~ COMPLETION• Na Current Contract Amount pnciusive of Previous Amendments to Date): $11Z.Q24,00 CHOOSE ONE AMENDMENT COLUMS BELOW, either "STANDARD AMENDMENT" or "AMENDMENT TO EXERCISE OPTION TO RENEW 'and check oft any appllaable amendments under that column. STANDARD AMENDMENT AMENDMENT TO EXERCISE OPTION TO RENEW (Check aH Urat anlaly) - Amendment to Contrdc:t Perfmmanr~ (Scope) [Check all dratAoclyl Amendment to Contract PertOrrtrant~ Amendment to Contract Dates Amendment to Contrail Dates X Amendment to Contrail Amount Amendment to Contract Amount Other: (Explain) Other. (Explain) DESCRIPTION OF REASON FOR AMENDMENT: (Attach all relevant docamEntatlon detalDnB amendmensy: Addition of Water Department and Flre Station IIZS (see At~chmerrt B) REIN CONTRACT INIORMATION• Amendment Date: 7/~L48 New Contrail Oates: START: ~ijg COMPLETION: Amount of Amendment Change S 24.825.00 Current Contract Amount ~Mciusive o/Pnevious Amendmer~s to Date): S14L949.00 ALL OTHER TERMS AND CONDITIONS OF THE ORIGNAt CON CT AN PREVIOUS AMENDMENTS REMAIN U~1ICHANGED AND IN ~UtL FO D FECT. CITY OF MERID . Y: ~ ~~ 8 TAMMY de W .MAYOR ,~~~~~.»ur~rrrnq~, Dated: ~ - 3 • c7 ~l .``~ O~ ~R~,''% Approved by CoancU: - ~ - ~` ~~' ~ '- _~ _ Attest: ~~~' 7 = ,~~0 rnvr+cc ~ sen rrrv ~i c ~ ..P .`~ BY: _ Torn Dated: A TI~e Cam'®, Inc Approved by C as to Content BY: C :- ~-OS KE WA , U CHASING AGENT ~5 Attachment B MILESTONE /PAYMENT SCWEDULE A. Total and .complete compensation for tfiis Agreement shall not exceed $141,949.00 TASK ~ DESCRIPTION DATE AMOUNT A• TOTAL YEAR ONE (1) far 36 weeks $34,646-~ B• TOTAL YEAR TWO (2) for 36 weeks $45,116.0 C• TOTAL YEAR THREE (3) for 36 weeks $49,280.00 TOTAL FOR THREE YEARS + 1~% CONTINGENCY $141,949.00 FOURTH AND FIFTH YEAR OPTIONS ~• TOTAL FOURTH YEAR OPTION for 36 weeks $50,758.00 E• TOTAL FIFTH YEAR OPTION for 36 weeks $52,280.00 H. • Memo To; Jaye Holman, City Clerk From: Keith Watts, Purchasing Agent CG: Tara Green, Stacy Kilchenmann, Mike Barton, Steve Siddoway Date: 6/26/08 Re: July 1 City Council Meeting Agenda Item SUN 2 ~ 20~~ c~~t~ ~~~~r~~a~ ~~ty Clerk ®f~ce The Purchasing Departrnent respectfully n~uests that the following item be placid on the July 1 City Council Consent Agenda for Council's cronsideration. Approval of Contrail Amendment for Senske Lawn ~ Tree Care Inc for the addil3on Qf services to the Water Division Building and Fre Stal3on #5. Recommended Council Action: Approval of Amendment to Senske Lawn Ss Tree Care for an additional $24,925.00 over the 3 year contract term and authorize the Mayor to sign and City Clerk to attest. Thank you for your c:onsidera6on. • RECE~~'Ls ~ Page 1 E IDIAN i®AHO CITY OF MERIDIAN CONTRACT AMENDMENT CONTRACTOR NAME: DEPARTMENT NAME: Senske Lawn and Tree Care, Inc Parks ADDRESS: ADDRESS: 763 N Ralston St 33 E. Idaho Meridian, ID 83642 Meridian, ID 83642 CURRENT CONTRACT INFORMATION: Amendment Date: 7-1 Pn3vious Amendmer~: ~ Current Contract Dates: START: 3/1/2007 COMPLETION: n/a Current Contrail Amount (Inclusive of Previous Amendments to Date): ;117.024.00 CHOOSE ONE AMENDMENT COLUMS BELOW, either "STANDARD AMENDMENT" or "AMENDMENT TO EXERCISE OPTION TO RENEW" and check off any applicable amendments under that column. STANDARD AMENDMENT AMENDMENT TO EXERCISE OPTION TO RENEW (Check all that aAOly) (Check all that Aaaly) Amendment to Contract Performance (Scope) Amendment to Contrail Performances Amendment to Contrail Dates Amendment to Contract Dates ~_ Amendment to Contract Amount Amendment to Contrail Amount Otlrer: (Explain) Other. (Explain) DESCRIPTION OF REASON FOR AMENDMENT: (Attach ail relevant documentation detailing amendment): Addition of Water Department and Fire Station Il`5 (see Attachment B) NEW CONTRACT INFORMATION: Amendment Date: 7N108 New Corrtrail Dates: START: f~ A( COMPLETION: WA Amount of Amendment Change ; 24.925.00 Current Contrail Amount (lnciusive of Previous Amendmerrts tb Datej: $141.949.00 ALL OTHER TERMS AND CONDITIONS OF THE ORIGNAL CONTRACT AND PREVIOUS AMENDMENTS REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT. CITY OF MERIDIAN BY: TAMMY de WEERD, MAYOR Dated: Approved by Coundl: Attest: Senske Lawn 8 Tree Care, Inc BY: Tom Gritrmacher Dated: Approved by Clty as to Content BY: KEITH WATTS, PURCHASING AGENT JAYCEE HOLMAN, CITY CLERK Attachm t en B MILESTONE /PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $141,949.00 TASK ~ DESCRIPTION DATE AMOUNT A• TOTAL YEAR ONE (1) for 36 weeks $34,646.00 B• TOTAL YEAR TWO (2) for 36 weeks $45,116.0 C• TOTAL YEAR THREE (3) for 36 weeks $49,280.00 TOTAL FOR THREE YEARS + 10Yo CONTINGENCY $141,949.00 FOURTH AND FIFTH YEAR OPTIONS ~• TOTAL FOURTH YEAR OPTION for 36 weeks $50,758.00 E• TOTAL FIFTH YEAR OPTION for 36 weeks $52,280.00 H. • June 27, 2008 MERIDIAN CITY COUNCIL MEETING JUIy 1, 2008 APPLICANT ITEM NO. ~- REQUEST Change Order No. 1 for Black Cat Road Water Main Extension Phase 1 8~ 2 with Civil Brown Construction, Inc. for $44,164.50 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meeflngs shall become properly of the Clty of Meridian. COMMENTS See attached (~4~0 0/~ C7 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER Change Order No ~ Pry Nlunber: 725b ~~~ 6/18/2008 Erfe~,e Dare: 6~18izaas cvrvrf~ac roR: Brown Construction PROJECT: Black Cat Road Wat®r Main Extension Phase 1 8r 2 The Contractor is hereby directed to matte the following changes from file Contract Documeads and Prams. Desdpttaal: 1) Two Fire Hydrants - 2} 120-fimt of Water Mlain ' 3} 40-fast of addiHanal HOPE seuirer rnerin 4) 4 i31ow-ORs 5) 2 Irrigation Crossings S} 5 Tees 7) 9 Gate Valves Reason for Ctlange Order: Additional water service stub assemblies. fire hydrants, and irrigation crossings added to the project. Attachments: CHANt3E IN CONTRACT PRfCE: CHANGE IN CONTRACT'TIMES: Original Contras Price: $711,983.20 Origirual Corltrad Completion Date: Original Contract Cwrlpletion Gays: Net changes from previous C.O.'s.: Net Days change form previous C.O: s: No. Q to 0 No. 0 to 0 - - $0.00 Contrad Price Prior to this C.O.: Corltrad Completion Date before this C.O.: $711,983.20 Contract Completion _ before this C.O 0 Net Increase (decrease) of this C.O.: ~ Net Days Increase (decrease) of this C.O.: ' $44 464.E Contract Paine with all Approved C.O: s: Conhad Completion Date with aU Approved C.O.'s: 5756,147.70 Contract Completon Days with arl Approve 0 itECOtw+n~NDEO:(co~NSraucnaMparrawacj~~) Accepted (ccn Date: ~ ,. ~ 7 .. Z~~ Date: .. /~ ~ •, ~ c°i APPROVED: rcrrY Q Rc pvG ~ COUNCIL APPROVAL : I(eith Watts ~~~~~D%~ ° `'`,~1~11114i11r1I/I/~/ ~ 't ~ °" ~ ~ ~ '` ~ `'~~ Date: ] .- ~ - (~ ~ ' yq Date: ~ ~ APPR01/ED: (~ - ~ ATTEST: p ~J ~ ey: i~a a mmy eero yo By: City clerk. Jaycee Holman. BFAL Date: "~ - 3 Date: 7 - ~ • Ll~' s 7 ., .,, - ., 11) 11 Memo To: Jaycee Holman; Tara Green Fe~ort:: Brent A. Blake, Engineering Technician 1 blakeb@meridiancity.org Meridian Public Works Department 660 E. Watertower, Suite 200 Phone: 898-5500 Fax: 89&9551 CC: Thomas Barry, Public Works Director Kyle Radek, P.E., Assistant City Engineer Clint Dolsby, P.E., Assistant City Engineer Date: 6/18/2008 Re: Proposed Agenda Item for 6/24/2008 City Council Meeting JUN 2 6 200 City ~f l~Teridian. City Clerk ®f~ce The Public Works Department respectfully requests the following item be placed on the 6/24/2008 City Councl agenda, under Consent Agenda, for Council's consideration: Change Order No. 1 for Black Cat Road Water Main Extension Phase 1 ~ 2 (Construction). Additional work is required for the completion of the Black Cat Road Water Main Extension Phase 1 & 2 (Construction). This change order consists of the following work and amounts to 6% of the original construction contract: • Additional water service stub assemblies, fire hydrants, sewer main, and irrigation crossings added to the project. Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No. 1 for the Black Cat Water Main Extension Phase 1 S 2 (Construction) project with Civil Brown Construction, Inc. for $44,164.50 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me ~ you have any questions regarding this item. RECEIVF^3a • page 1 • CITY OF AERIDIAN ~i EAST IDAHO MERIDIAN, ID 8.4642 CONTRACT GRANDE ORDER • cneng. fua ~ Pmiact wunnwr: T25b Date' 6/'18J2008 Etf~tive Date: BI'181.2Q0$ GONTRAGTOR: Brown GonstructEort PRt,)LIECT: Stack Cat Road Water tiilain.t_xtension Phase 1 8a ,2 Tea CoM~ador Fs horYt~y di-sGted to males the iollmvlnp tlus'tgva freln the Cordreet DOCUntenta and Plane. tlssclptbn: 11 Tvro Fire Hydrat>rs 2} 12D-ieet of Water Main 3) dQ-feet pf addttlot-el H17PE eety~ main d) A BlpuwOHs 3} 2 Irri~tiCn Crosafngs b} 5 7eres 'r) 9 Gairr~ Valves Reason fior t;hanpa OMor' Addhtonal watet service StUD a53+etrtblies, fire hydrants, and irrigation cross+ngs addt301o the project. Attachtnants: CHANGE IN CONTRACT PRICL'; CHANGE IN CONTRACT TIMES: Orlp(tt,al Cantraet Pt1ce' $71'1,98$.20 ~u+al Contrail Cempledon Date: O u101 Contract CampleUon Days: Net chanp~ frpttl preld4us GA.'s.; Net Days dtanpp rnmt 111'av10119 C.O's• lvo. Q tiD o ws. Q to Q 50.00 Contn~ct Pr1av Pt1af to this CA _ Gasract Ctar,(Aetlon Dats 08fonB t1ti9 CA.: $71'I ,983-2Q Contract Cornpleppn l}aYS t+etore this C.O ~ Rlet Incase (dogeass) Of tA'ts C.O.: Nil Days Incrcass (dtaCr8a5e) of>h~ C.O.: ' $44.164.5D ContrdCt Pri®e vritlt aI APPt~ C-O: s: Contrard CornpteUon Date wkh all Appro++cd C.O. s: 5756,E 47.74 Controet C,atl Day9 wiU, all Approve Q RECOIIttilENOED: (CQNSTfilICTtON IytANAtiER~ /~~ / ~~1~ ~ ~ ~~ At.CepEed (Cart a ~ ~ i / j , ~ ' / ~~I ~y~,. i~ll'~~ ~`~"~ ~~y ` . "7- ate: ~ /~ -- t BY: Date. .. ~ ~.. ~, ~ AF~PRpVED: iCtlY PURCHASING At3Entr) COUNCIL MPROVAL ey: keilh wads ~~= Data: APPFiDVEO: iC-TY> - ATTEST- By: Mayor Tanvny 4e Weerd By: CRy Ckuk, Jaycee tialrrrarl. ~' Date: z'd 6£9p 99p i30Z W PPal a04£Q BQ LL ~(' i • June 27, 2008 MERIDIAN CITY COUNCIL MEETING JUIy 1, 2008 APPLICANT ITEM NO. ~' REQUEST Resolution -- Downtown Meridian Parking Committee AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: ~ ~'~ CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: ~~ MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. : • Tara Green Page 1 of 1 From: Emily Kane Sent: Monday, June 30, 2008 1:19 PM To: Jaycee Holman; Tara Green Cc: Bill Nary; Robert Simison; Anna Canning; Shaun Wardle Subject: Resolution for Council Agenda TOMORROW, July 1 Attachments: Resolution Creating Downtown Meridian Parking Committee.doc Per the request of the Mayor, please add this resolution to tomorrow's City Council agenda. Glad to answer any questions or concerns. Thank you, and sorry for the last minute request. Emily Kane Deputy City Attorney City of ONeridian, Idaho Phone: 208-898-5506 Fax: 208-884-8723 E-mail: kanee@meridiancity.org 6/30/200 • • CITY OF MERIDIAN RESOLUTION NO. ~~' ~/,3 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ESTABLISHING THE DOWNTOWN MERIDIAN PARHING COMMITTEE; DEFINING DOWNTOWN FOR THE COMMITTEE'S PURPOSES; APPOINTING MEMBERS OF THE COMMITTEE; PROVIDING FOR DISSOLUTION OF THE COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Idaho Code § 49-213(b) sets for a standard under which cities must designate one (1) parking space designated for use exclusively by vehicles displaying a special license plate or placard for a person with a disability per every thirty-five (35) spaces of on-street parking on each downtown street block (hereinafter "1:35 parking standard"); WHEREAS, pursuant to Idaho Code § 49-213(d), the 1:35 parking standard maybe modified in accordance with the recommendation of a committee of which at least one-half of the members are persons with a disability as such term is defined in Idaho Code § 49-117, Idaho Code; WHEREAS, the Downtown Meridian Parking Striping Plan sets forth a parking plan for downtown Meridian that is anticipated to require modification of the 1:35 parking standard prior to such Plan's implementation; and WHEREAS, the Mayor and City Council of the City of Meridian deem the appointment of a committee to examine the issue of parking for persons with disabilities in downtown Meridian to be necessary to assist them in better carrying out the responsibilities of their offices; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, pursuant to Idaho Code § 49-213(d), there is hereby created the Downtown Meridian Parking Committee, established for the purpose of making a recommendation to City Council regarding the appropriate number and location of parking for persons with disability, which is anticipated to include a modification of Idaho Code § 49- 213(b)'s 1:35 parking standard within downtown Meridian. Section 2. That, for this limited purpose only, "downtown Meridian" shall be defined as that business district in Meridian bounded on the north by Carlton Avenue, on the west by Meridian Road, on the south by the railroad tracks, and on the east by East 3rd Street. RESOLUTION APPOINTING DOWNTOWN MERIDIAN PARKING COMMITTEE - PAGE 1 of 2 1 • Section 3. That the following persons are hereby appointed to the Downtown Meridian Parking Committee: Gloria Eggers, Larry Gardner, Tim Johnson, Bob Moore, and Julie Valenzuela. Section 4. That the Downtown Meridian Parking Committee herein appointed shall serve until December 1, 2008 or the passage of an ordinance by the City Council of the City of Meridian modifying the 1:35 standard of Idaho Code § 49-213(b) within downtown Meridian, whichever occurs sooner. Upon such occurrence, the Downtown Meridian Parking Committee herein appointed shall automatically dissolve. Section 5. That this Resolution shall be in full force and effect immediately upon its adoption and approval. /S~ ADOPTED by the City Council of the City of Meridian, Idaho, this day of 2008. PROVED by the Mayor of the City of Meridian, Idaho, this / day of 2008. APPROVED: ATTEST: By: Jaycee olman, City Clerk Mayor Tarn~iy~e Weerd `',Q~~n~~N~~hr~~~,, ,~ a ~S ~ ) REAL ~,` ,,~~Q~ ~~~~~ RESOLUTION APPOINTING DOWNTOWN MERIDIAN PARKING COMMITTEE - PAGE 2 of 2 Ci June 27, 2008 MFP 08-005 MERIDIAN CITY COUNCIL MEETING JUIy 1, 2008 APPLICANT Tuscany Development, Inc. ITEM NO. REQUEST Modify the previously approved Final Plat (FP 05-076) by removing the requirement fora 5 foot detached sidewalk along Lots 54-66, Block 5, which are located on the south side of E. Deerhill St. between Montague Way 8~ Genoard Ave. for Messina Meadows -west of S. Eagle Road and south of E. Victory Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See crtMched Request for Cor>tinuance ~~-c~~c~.- to ~~ zz ag mY~~~ OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. June 27, 2008 SH P 08-005 MERIDIAN CITY COUNCIL MEETING JUIy 1, 2008 APPLICANT Todd Meyers ITEM NO. 10 REQUEST Public Hearing - Shorf Plat approval to create 2 building lots on 1.05 acres in an L-O zone for Cammann Park Subdivision -NEC of NW 8th Street and Cherry Lane AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached Staff Report Date: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Phone: • June 27, 2008 ~J AP 08-003 MERIDIAN CITY COUNCIL MEETING JUIy 1, 2008 APPLICANT Ward Schwider ITEM NO. 11 REQUEST Public Hearing -City Council Review for an Appeal of the Director's Determination to deny alternative compliance to allow a portion of the former Idaho Truss site to be used for shared parking for the Broadway Integrated Project ~CZC 08-018) - 130 E. Broadway Avenue AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS Ccnt~r-i~. ~v-c~ -fi g +o -~-22-~v OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly ~f the City of Meridian. • • June 27, 2008 MERIDIAN CITY COUNCIL MEETING July 1, 2008 APPLICANT ITEM NO. t~ REQUEST Continued Public Hearing from June 24, 2008: Covered Load 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Previous Item Packet Contacted: Date: Phone: Emailed: Staff Initials: Mat®rials presented at public meetings shall become property of the CHy of Meridian. • • June 27, 2008 MERIDIAN CITY COUNCIL MEETING JUIy 1, 2008 APPLICANT ITEM NO. REQUEST Ordinance No. 08-1369 -Covered Load Ordinance 3rd of 3 Readings 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: See Previous Item Packet Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. (~ [: CITY OF MERIDIAN ORDINANCE NO. ®~ BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN, ADDING A NEW SECTION, SECTION 13, TO TITLE 7, CHAPTER 1, MERIDIAN CITY CODE, PROHIBITING UNCOVERED LOADS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, uncovered loads are hazardous to the health, safety, and welfare of the public because materials falling from uncovered loads injure drivers, passengers, and pedestrians; diminish air quality; and damage public and private property; WHEREAS, the City Council of the City of Meridian finds that requiring that loads travelling through the City of Meridian be covered is in the best interest of the public health, safety, and welfare; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That a new section, Section 13, be added to Title 7, Chapter 1, Meridian City Code, to read as follows: 7-1-13: UNCOVERED LOADS PROHIBITED: A. Prohibition aEainst uncovered loads: 1. No person shall drive or move any vehicle with any load on any public roadway in the City of Meridian unless such load is so covered constructed or loaded as to prevent any of such load from drops , s~ iftin lg Baking or otherwise esca~a from the vehicle. 2. Any person operating a vehicle with a covered load on any public roadway in the City of Meridian shall securely fasten such covering to prevent it from becoming loose, detached, or in any manner a hazard to other users of the uublic roadway 3. Any person oneratin~ a vehicle on any public roadway in the City of Meridian from which any materials have fallen or escaped that would constitute an obstruction or iniure a vehicle or otherwise endanger travel upon such up blic roadway shall immediately cause the public roadway to be cleaned of all such materials and shall pay any costs therefor. B. Exceutions• COVERED I.oADS ORDINANCE PAGE 1 OF 4 1. Nothing in this section shall be construed to prohibit a government em l~oyee or contractor from dropping sand on a highway to enhance traction or sprinkling water or other substances to clean or maintain a hi hway. 2. This section shall not apply to agricultural vehicles while being used for agricultural purposes. C. Penalties: Any person who violates the provisions of this section shall be guilty of an infraction and shall be subject to a fine of fifty dollars ($50 001 For each subseauent violation of this section, the fine shall be increased by twenty-five dollars ($25 00) but shall not exceed one hundred dollars $100.00 Section 2. That this ordinance shall be in full force and effect on October 1, 2008.: PASSED by the City Council of the City of Meridian, Idaho, this ~ S~ day of 2008. APPROVED by the Mayor of the City of Meridian, Idaho, this /d'~ day of 2008. APPROVED: MAYOR ATTEST: ```~`~~~~~~un~uNti~~~~~''i ,~ d. '. ~~ ~ ~. i ITY ERK ~E`~ ~~ ' 9 T1~•~ ~~.• ,~ COVERED LOADS ORDINANCE PAGE 2 OF 4 ~ • June 27, 2008 MERIDIAN CITY COUNCIL MEETING JUIy 1, 2008 APPLICANT ITEM NO. REQUEST F~cecutive Session per Idaho State Code 67-2345(1)(b) 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.