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Home My WebLink About2010 11-23~E IDIZ IAN+<- ~J CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, November 23, 2010 at 6:00 p.m. City Council Chambers 33 East Broadway Avenue, Meridian, Idaho 1. Roll-call Attendance: X David Zaremba X Brad Hoaglun O Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Adoption of the Agenda Adopted 3. Executive Session per Idaho State Code 67-2345 (1)(f) - To Consider and Advise its Legal Representatives in Pending Litigation Into Executive Session at 6:03 p.m. Out of Executive Session at 7:04 p.m. Adjourned at 7:04 p.m. Meridian City Pre-Council Meeting Agenda -November 23, 2010 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. E IDIAN~-- I®AH® CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, November 23, 2010 at 6:00 p.m. City Council Chambers 33 East Broadway Avenue, Meridian, Idaho 1. Roll-call Attendance: / David Zaremba / Brad Hoaglun ~_ Charlie Rountree / Keith Bird ~~ Mayor Tammy de Weerd 2. Adoption of the Agenda ~~_C:~ ~~/~~ 3. Executive Session per Idaho State Code 67-2345 (1)(f) - To Consider and Advise its Legal Representatives in Pending Litigation Meridian City Pre-Council Meeting Agenda -November 23, 2010 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Special Meeting November 23. 2010 The Meridian City Council special meeting was called to order at 6:00 P.M. on Tuesday, November 23, 2010, by Mayor Tammy de Weerd. Members Present: Keith Bird, David Zaremba and Brad Hoaglun. Members Absent: Charlie Rountree Staff Present: Jaycee Holman, Bill Nary. Item 1. Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun O Charlie Rountree X Keith Bird X Mayor Tammy de Weerd Item 2. Adoption of the Agenda: Hoaglun: I move we approve the agenda as published. Zaremba: Second. De Weerd: A motion and a second to approve the agenda. All those in favor say aye. ALL AYES. MOTION CARRIED. Item 3. Executive Session per Idaho State Code 67-2345 (1)(fi~ - To Consider and Advise its Legal Representatives in Pending Litigation Bird: I move we go into Executive Session as per Idaho State Code 67- 2345(1)(f). Hoaglun: Second. De Weerd: It has been moved and seconded to go into Executive Session. All those in favor. Roll Call: Bird, aye; Hoaglun, aye; Zaremba, aye. ALL AYES. MOTION CARRIED. (Into Executive Session at 6:03 p.m. and out of Executive Session at 7:04 p.m.) Bird: I move we adjourn the Executive Session. Hoaglun: Second. De Weerd: It has been moved and seconded to come out of Executive Session. All those in favor. ALL AYES. MOTION CARRIED. Bird: Move to adjourn. Hoaglun: Second De Weerd: A motion and a second to adjourn. All in favor. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 7:04 P.M. (AUDIO ON FILE OF THESE PROCEEDINGS) APPROVED: TAMMY DE ERD, MAYOR ~~ ~~ ~~ ~. y~~ ':ITT-t~STI 6 r~ ._ ....s ~'a ~ ~ Y ~ ~- c> ,~:~ ,~ ,y, _`~' ~~ d y ~ ~, DATE APPROVED Ta' - JA E L OL ,CITY CLERK E IDIAN~- IDAHO CITY COUNCIL REGULAR MEETING AGENDA Tuesday, November 23, 2010 at 7:00 PM 1. Roll-Call Attendance X David Zaremba X Brad Hoaglun O Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Church Member Bryan Aydelotte with the Baldwin Park LDS Ward 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of October 26, 2010 Pre-Council Special Meeting B. Approve Minutes of November 9, 2010 Pre-Council Special Meeting C. Approve Minutes of November 9, 2010 City Council Workshop Meeting D. Approve Minutes of November 16, 2010 Pre-Council Special Meeting E. Acceptance Agreement; Display of Artwork in Initial Point Gallery, Meridian City Hall between the City of Meridian and Anne E. Watson Sorensen. F. License Agreement with Nampa & Meridian Irrigation District for Kleiner Park G. New Liquor License Approval for R & J Restaurants, LLC. dba Ricks Press Room located at 130 E. Idaho Ave. Meridian City Council Meeting Agenda -Tuesday, November 23, 2010 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. H. Development Agreement for Approval: RZ 10-001 for Fast Eddy's Ten Mile Station by ST Investments Located Southeast Corner of N. Ten Mile Road and W. Pine Avenue. Request: Rezone of 5.90 acres from C-N (Neighborhood Business) to C- C (Community Business) Zoning District 6. 7. 8. Community Items/Presentations A. Presentation of an Executive Certificate to Chief Jeff Lavey by Idaho Peace Officer Standard Training (POST) Items Moved From Consent Agenda Action Items A. Continued Public Hearing from November 3, 2010: TE 10-027 Harcourt Subdivision by Great Sky, Inc. Located South Side of E. Victory Road and East of S. Eagle Road Request: Approval of a 24-Month Time Extension to Obtain the City Engineer's Signature on the Final Plat Withdrawn B. Public Hearing: TE 10-030 Harks Canyon Creek by JBS Enterprises, LLC Located at 1845 W. Franklin Road Request: Two (2) Year Time Extension to Obtain the City Engineer's Signature on the Final Plat Continued to December 28, 2010 C. Public Hearing: TE 10-029 Bainbridge Subdivision by Brighton Investment, LLC Located on the West Side of N. Ten Mile Road, Approximately 1/3 Mife South of W. Chinden Boulevard Request: Two (2) Year Time Extension to Obtain the City Engineer's Signature on the Final Plat Approved D. Public Hearing: RZ 10-003 Police Department Rezone by City of Meridian Planning Department Located at 1401 E. Watertower Street (Lot 8, Block 2, Murdoch Subdivision No. 2) Request: Rezone of 9.33 Acres From R-8 (Medium-Density Residential) to C-G (General Retail and Service Commercial District) Zone Approved E. Public Hearing: MDA 10-007 Police Department Rezone by City of Meridian Planning Department Located 1401 E. Watertower Street (Lot 8, Block 2 of Murdoch Subdivision No. 2) Request: Meridian City Council Meeting Agenda -Tuesday, November 23, 2010 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. Repeal the Recorded Development Agreement (Instrument #100040596) Required with the Annexation of the Stratford Business Park (aka Murdoch Subdivision No. 2) Approved 9. Department Reports A. Mayor's Office: Resolution No. 10-756: A Resolution of the Mayor and the City Council of the City of Meridian, Appointing Megan Murphy to Seat 9 of the Meridian Arts Commission; And Providing an Effective Date Approved B. Planning Department: Destination Downtown Plan 10. Ordinances A. Ordinance No. 10-1465: An Ordinance (RZ 10-002 Raisin' Angels) for the Re-Zone of a Parcel of Land Being a Portion of the Northeast 1/4 of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho Whose Address is 1125 E. Pine Avenue, Meridian, Idaho Approved B. Ordinance No. 10-1466: An Ordinance (RZ 10-001 Fast Eddy's Ten Mile Station) for the Re-Zone of a Parcel of Land Being a Portion of the Courtyards at Ten Mile Subdivision Located in the Northwest'/4 Of The Southwest'/4 Of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho Approved Adjourned at 7:40 p.m. Meridian City Council Meeting Agenda -Tuesday, November 23, 2010 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. ~~E IDIAN~-- CITY COUNCIL REGULAR MEETING AGENDA Tuesday, November 23, 2010 at 7:00 PM ~ '~ 1. Roll-Call Attendance >~ David Zaremba ~ Charlie Rountree / 2, 3. V 4. / g, Brad Hoaglun Keith Bird Mayor Tammy de Weerd Pledge of Allegiance Communit Invocation b - u~nabl~lre 'i"`~."'` LQS ~~X7..-~1 Y Y eve confirmation from our contact for tonight Cd~w~~~ ~~~~ ~~,~~-}~, Adoption of the Agenda ~~~,~~Q ~ ~' Consent Agenda ~;~,~~ ~/ ~ A. Approve Minutes of October 26, 2010 Pre-Council Special Meeting B. Approve Minutes of November 9, 2010 Pre-Council Special Meeting C. Approve Minutes of November 9, 2010 City Council Workshop Meeting D. Approve Minutes of November 16, 2010 Pre-Council Special Meeting E. Acceptance Agreement: Display of Artwork in Initial Point Gallery, Meridian City Hall between the City of Meridian and Anne E. Watson Sorensen. F. License Agreement with Nampa & Meridian Irrigation District for Kleiner Park G. New Liquor License Approval for R & J Restaurants, LLC. dba Ricks Press Room located at 130 E. Idaho Ave. Meridian City Council Meeting Agenda -Tuesday, November 23, 2010 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. H. Development Agreement for Approval: RZ 10-001 for Fast Eddy's Ten Mile Station by ST Investments Located Southeast Corner of N. Ten Mile Road and W. Pine Avenue. Request: Rezone of 5.90 acres from C-N (Neighborhood Business) to C- C (Community Business) Zoning District 6. Community Items/Presentations A. Presentation of an Executive Certificate to Chief Jeff Lavey by Idaho Peace Officer Standard Training (POST) 7. Items Moved From Consent Agenda 8. Action Items A. Continued Public Hearing from November 3, 2010: TE 10-027 Harcourt Subdivision by Great Sky, Inc. Located South Side of E. Victory Road and East of S. Eagle Road Request: Approval of a 24-Month Time Extension to Obtain the City Engineer's Signature on the Final Plat QQ -~ ~,y~l,~..W--- ~c,81 Applicant Requests to Withdra~Application B. Public Hearing: TE 10-030 Harks Canyon Creek by JBS Enterprises, LLC Located at 1845 W. Franklin Road Request: Two (2) Year Time Extensio to Qbtain the Cit E gineer's Signature on the Final Plat ~~~~' ~~ ' Applicant Requests to Continue to December 28, 201 C. Public Hearing: TE 10-029 Bainbridge Subdivision by Brighton Investment, LLC Located on the West Side of N. Ten Mile Road, Approximately 1/3 Mile South of W. Chinden Boulevard Request: Two (2) Year Time Extension to Obtain the City En ineer's Signat re on the final Plat ~~hA-~- ~-~~-'-~ ~~~~~ D. Public Baring: RZ 10-003 Police Department Rezone by City of Meridian Planning Department Located at 1401 E. Watertower Street (Lot 8, Block 2, Murdoch Subdivision No. 2) Request: Rezone of 9.33 Acres From R-8 (Medium-Density Residential) to C-G (General Retail and Service Commercial District) Zone ~~- I ~ ~~"`E%t ~~~/ Q~' ~~~~~ ~ (l ~_ I E. Public Hearing: MDA 10-007 Police Department Rezone by City ~ i of Meridian Planning Department Located 1401 E. Watertower ` i Street (Lot 8, Block 2 of Murdoch Subdivision No. 2) Request:/~ Meridian City Council Meeting Agenda -Tuesday, November 23, 2010 a e of 3 ~~ r All materials presented at public meetings shall become property of the Ci f Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. P- Repeal the Recorded Development Agreement (Instrument #100040596) Required with the Annexation of the Stratford Business Park (aka Murdoch Subdivision No. 2) 9. Department Reports A. Mayor's Office: Resolution No. Proposed # 10-756: A Resolution of the Mayor and the City Council of the City of Meridian, Appointing Megan Murphy to Seat 9 of the Meridian Arts Commission; And Providing an Effective Date~~/ B. Planning Depart. ent: Destination Dov~i onft wn Plan ~~~,~~~ Cd ~r~/tr ~i. 10. Ordinances A. Ordinance No. Proposed # 10-1465: An Ordinance (RZ 10-002 Raisin' Angels) for the Re-Zone of a Parcel of Land Being a Portion of the Northeast 1/4 of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idahpo-~yrW.-hose (~~~ Address is 1125 E. Pine Avenue, Meridian, Idaho. rvz i - ~ B. Ordinance No. Proposed # 10-1466: An Ordinance (RZ 10-001 Fast Eddy's Ten Mile Station) for the Re-Zone of a Parcel of Land Being a Portion of the Courtyards at Ten Mile Subdivision Located in the Northwest '/4 Of The Southwest '/4 Of Section 11, Township 3 North, Range 1 Wes , Boise Meridian, Ada County, Idaho ~ ~j~-- - ~~l;~~P-~. Q~ ~~ ~~ ~~~~ ~ ~ ~ ` ~ ~Gl yt-l~-~1 ~__ it ~ . ~ a C - ~~ /~-~ ~`~ Meridian City Council Meeting Agenda -Tuesday, November 23, 201 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. ~01~-~ ~-~ - P° Meridian City Council Meeting November 23, 2010 A Council meeting of the Meridian City Council was called to order at 7:05 p.m., Tuesday, November 23, 2010, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, President David Zaremba, Charlie Rountree, Brad Hoaglun and Keith Bird. Others Present: Jaycee Holman, Bill Nary, Anna Canning, Bill Parsons, Steve Siddoway, Bill Johnson, Scott Colaianni, Jeff Lavey, Warren Stewart, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd de Weerd: Thank you for us waiting for us. We apologize for the delay. I will go ahead and open tonight's City Council regular meeting. For the record it is Tuesday, November 23rd. It's five minutes after 7:00. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance de Weerd: Thank you. Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Church Member Bryan Aydelotte with the Baldwin Park LDS Ward de Weerd: Item No. 3 is our community invocation. Tonight we will be led by Bryan Aydelotte. He is with the LDS ward of Baldwin Park. Thank you for joining us. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Aydelotte: Our Heavenly Father, we humbly meet before thee as a City Council and attendees. We ask for thy spirit of wisdom to rest upon the Honorable Mayor and City Council. May a spirit of peace and order attend this meeting. We are indeed grateful for this great country in which we live and this great city and state. We pray that we will be good citizens and contribute to the heritage that we inherit. We are thankful for the peace that we enjoy and the prosperity. We pray thy blessing to be upon those in our city and state and country, particularly who are not as -- who are not prospering at this time and we pray that we will do our part in assisting them. We pray for the wisdom of Meridian City Council November 23, 2010 Page 2 of 16 leaders in our city and state and nation. That there will be peace prevail and a spirit of prudence. We thank thee for all thou hast provided for us and this we pray in the name of Jesus Christ, amen. de Weerd: I would like to offer you a City of Meridian pin for joining us today and leading us in prayer. Thank you so much. And certainly we appreciate you here this week, especially I see a student out there. It's not even school time and we see a student. That's always nice to see. It is Thanksgiving week and we have a lot to be thankful for in this community. So, thank you for joining us. Item 4: Adoption of the Agenda de Weerd: Item No. 5 is our Consent Agenda. Hoaglun: Madam Mayor? de Weerd: Mr. Hoaglun. Hoaglun: Adoption of the agenda I believe we are on? de Weerd: Yes. Hoaglun: Okay. Oh, sorry. Item 4. Hoaglun: Yeah. Item 4. Just a couple of additions, changes to the agenda for tonight. Under Action Items 8-A, there is a request to withdraw this application. Under 8-B there is a request to continue to December 28th of 2010. Under Item 9, Department Reports, 9-A is resolution number 10-756. Under Item 10, Ordinances, 10-A is ordinance number 10-1465 and 10-B is ordinance number 10-1466. So, with that, Madam Mayor, move adoption of tonight's agenda. Bird: Second. de Weerd: I have a motion and a second to adopt the agenda as stated. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda A. Approve Minutes of October 26, 2010 Pre-Council Special Meeting B. Approve Minutes of November 9, 2010 Pre-Council Special Meeting C. Approve Minutes of November 9, 2010 City Council Workshop Meridian City Council November 23, 2010 Page 3 of 16 Meeting D. Approve Minutes of November 16, 2010 Pre-Council Special Meeting E. Acceptance Agreement: Display of Artwork in Initial Point Gallery, Meridian City Hall between the City of Meridian and Anne E. Watson Sorensen. F. License Agreement with Nampa & Meridian Irrigation District for Kleiner Park G. New Liquor License Approval for R & J Restaurants, LLC. dba Ricks Press Room located at 130 E. Idaho Ave. H. Development Agreement for Approval: RZ 10-001 for Fast Eddy's Ten Mile Station by ST Investments Located Southeast Corner of N. Ten Mile Road and W. Pine Avenue. Request: Rezone of 5.90 acres from C-N (Neighborhood Business) to CC (Community Business) Zoning District de Weerd: Item 5 under Consent Agenda. Hoaglun: Madam Mayor, we have no changes to tonight's Consent Agenda, so I move approval of the Consent Agenda and the Mayor be authorized to sign and clerk to attest. Bird: Second. de Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion by Council, Madam Clerk. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Community Items/Presentations A. Presentation of an Executive Certificate to Chief Jeff Lavey by Idaho Peace Officer Standard Training (POST) de Weerd: We are at Item 6-A. We have Community Presentations and tonight we have the privilege of seeing our chief receive an executive certificate, something that Meridian City Council November 23, 2010 Page 4 of 16 doesn't happen often, although he might tell you otherwise. But it's very significant and we appreciate the POST being here tonight to present this to our chief. Flink: Madam Mayor and Honorable Council Members, my name is William Flink, I'm the director of Peace Officers Standards and Training for the state of Idaho. Peace Officers Standards and Training, for those who may not be fully aware what it is, is the organization under the state government with the Idaho State Police who sets the minimum training standards and employment standards for all peace officers and law enforcement officers in the state of Idaho. As part of our program we have basic training and career development programs that we put on that we hope that officers will achieve during their professional careers and that's what's brought me here today to give this award to Chief Jeff Lavey. Chief Jeff Lavey for the last 13 years working in the state of Idaho and training in the state of Idaho, has become a roll model for many law enforcement officers, especially in the valley here. Besides rising through the ranks of the department in his training career as a professional advancement he has obtained the POST basic, the intermediate, the advanced, the supervisor and management certifications during his career. He has a bachelor's degree in management organization and leadership through George Fox University and, additionally, has graduated from the 240th session of the FBI academy. Those achievements in themselves, when you're talking about how hard some of these certificates are to receive, speak a lot about your chief and he has a great amount of respect amongst the chiefs in this state, as I have witnessed, and it's really my honor to represent the POST council chairman in this awarding. This certificate is the only certificate that POST gives that comes directly from the council for achievement and the council represents all major law enforcement entities, the counties and the cities and the prosecutors, they all recognize the certificate as being something special. There are not many chiefs of police in the state that currently hold this certificate and we are all proud of him. I'm going to show you the certificate that we are going to give before I show it to the chief, because I want you to have a little bit of idea of how serious we are about this kind of an award. It's, again, the most prestigious certificate somebody can get from our organization and we are sure that we are giving it to the right person who is truly a roll model of law enforcement in the state of Idaho. So, Chief Lavey. de Weerd: Thank you, lieutenant. Flink: Chief, this is a certificate awarded from Chief Dan Weaver, the president of -- chairman of the POST council, and he would want -- he wanted to be here himself, but he had to get back to Moscow and was unable to stay for tonight's ceremony, but this is specifically from the POST council to you for your great effort being a role model to a lot of law enforcement officers, not only in your own department, but throughout the region. hope you will find a good place for it. And besides that, I have got a letter here that also kind of states the purpose of the certificate, so not sure if you want the paper or not, but it is Christmas, right? Thank you. Lavey: Madam Mayor, Council, I'd like to say a couple of words. Today at our directors meeting I made a comment that it -- I didn't feel it was that major of an accomplishment, Meridian City Council November 23, 2010 Page 5 of 16 because you just needed to put in three years and 100 hours executive certification training and the national academy took care of 400 hours and, then, I just had to survive three years as a police chief and, then, a lot of my peers said that that is the -- the effort right there is surviving three years as a police chief and so I have reflected back on me standing here approximately three years and probably three months ago and the secret to my success is the men and women that I have working for me and I want to thank them and I want to thank Madam Mayor and Council for that opportunity. So, thank you. de Weerd: Well, congratulations, chief. Item 7: Items Moved From Consent Agenda de Weerd: There were no items moved from the Consent Agenda. Item 8: Action Items A. Continued Public Hearing from November 3, 2010: TE 10-027 Harcourt Subdivision by Great Sky, Inc. Located South Side of E. Victory Road and East of S. Eagle Road Request: Approval of a 24-Month Time Extension to Obtain the City Engineer's Signature on the Final Plat de Weerd: So, we will move to Item 8 under Action Items. The first item is a continued public hearing that has been requested to withdraw. I would need a motion to accept that request. Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: I move that we accept the request of TE 10-274 for withdrawal as an application. Zaremba: Second. de Weerd: I have a motion and second to accept the withdrawal of this application on TE 10-027. I will ask for roll call. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. B. Public Hearing: TE 10-030 Harks Canyon Creek by JBS Enterprises, LLC Located at 1845 W. Franklin Road Request: Meridian City Council November 23, 2010 Page 6 of 16 Two (2) Year Time Extension to Obtain the City Engineer's Signature on the Final Plat de Weerd: Item 8-B is a public hearing on TE 10-030. I will open this public hearing. This applicant has requested to continue this item to December 28th, 2010. Do I have a motion from Council? Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: I move we continue TE 10-030 to our regularly scheduled meeting of December 28th, 2010. Hoaglun: Second. de Weerd: I have a motion and a second to continue Item 8-B to December 28th. All those in favor say aye. MOTION CARRIED: THREE AYES. ONE ABSENT. C. Public Hearing: TE 10-029 Bainbridge Subdivision by Brighton Investment, LLC Located on the West Side of N. Ten Mile Road, Approximately 1/3 Mile South of W. Chinden Boulevard Request: Two (2) Year Time Extension to Obtain the City Engineer's Signature on the Final Plat de Weerd: Item 8-C is a public hearing on TE 10-029. I will open this public hearing with staff comments. Canning: Thank you, Madam Mayor and Members of the Council. And, Madam Mayor, think your microphone is a little far away. It was fading in and out. de Weerd: I don't know how I can get any closer to it, unless I swallow it. Canning: Thank you, Madam Mayor. This is a time extension for Bainbridge Subdivision and it is a preliminary plat time extension. The site consists of .151.72 acres and it's currently zoned R-8 and L-O and it's located southwest of the Chinden and Ten Mile intersection and you can see that on the screen before you now. The applicant requests approval of a fourth time extension on the preliminary plat for Bainbridge Subdivision in order obtain the city engineer's signature on the final plat. The preliminary plat consists of 389 single family residential dwelling lots, 22 common lots, one church building lot, and one lot to be developed or resubdivided in the future. As previous conditions of approval, the applicant is required to comply with current UDC provisions regarding development along state highways, provide a minimum of ten percent open space and a minimum of six amenities. Staff is not recommending any Meridian City Council November 23, 2010 Page 7 of 16 new conditions of approval with this application. We have received written testimony from David Turnbull, the applicant, and he is in agreement with the staff report. To our knowledge there are no outstanding issues before City Council and staff is recommending approval of a two year time extension. de Weerd: Thank you, Anna. Council, any questions for Anna at this point? Bird: I have none. de Weerd: Since the applicant is in agreement, do you have any comments, Mr. Turnbull? Okay. Thank you. Council, any questions? If not, I would entertain a motion -- oh, is there anyone who would like to provide testimony on this application? Sorry. I'm not trying to just rip through this meeting very quickly. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: Having given the opportunity and seeing no one coming forward, I move we close the public hearing on TE 10-029. Bird: Second. de Weerd: I have a motion and a second to close the public hearing on Item 8-C. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: Move we approve TE 10-229. Bird: Second. de Weerd: I have a motion and a second to approve Item 8-C. If there is no discussion, Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council November 23, 2010 Page 8 of 16 D. Public Hearing: RZ 10-003 Police Department Rezone by City of Meridian Planning Department Located at 1401 E. Watertower Street (Lot 8, Block 2, Murdoch Subdivision No. 2) Request: Rezone of 9.33 Acres From R-8 (Medium-Density Residential) to C-G (General Retail and Service Commercial District) Zone E. Public Hearing: MDA 10-007 Police Department Rezone by City of Meridian Planning Department Located 1401 E. Watertower Street (Lot 8, Block 2 of Murdoch Subdivision No. 2) Request: Repeal the Recorded Development Agreement (Instrument #100040596) Required with the Annexation of the Stratford Business Park (aka Murdoch Subdivision No. 2) de Weerd: Item 8-D is a public hearing on RZ 10-003 and we have Item 8-E, which is a public hearing on MDA 10-007. I will open these two public hearings with staff comments. Parsons: Madam Mayor, Members of the Council, the subject property before you tonight is located at 1401 East Water Tower Street. Just a coincidence that this is on tonight given that we are giving Chief Lavey the award tonight, but perfect timing I would say. This property came before you in 2000 and was annexed and zoned as R-8. Since that time back in 2002 several of the commercial lots, 11 to be exact, were rezoned to C-G and those are the lots that are bordered along the north boundary and the east boundary. As you can see in the aerial here several of the lots have developed with commercial development and some remain vacant to this date. Earlier this year staff was contacted by a contractor for the site. He had asked staff about the development procedures for this property and after looking into and researching this property staff concluded that there is a development agreement on the site and it also requires CUP approval. So, we actually have two items here. We have R-8 zoning, which requires a CUP for apublic/quasi-public use and, then, we also have a recorded development agreement. So, in order to facilitate an easier application process for the police department and given the surrounding development around this property, staff initiated the rezone and the development agreement modification before you this evening. We did receive written confirmation from Steve Douglas at Idaho Department of Lands. He really had no objections to the application before you. I would mention that the RUT lot that's just south of the police department property is planned for commercial development if and when that they decide to annex into the city. So, given that it would more than likely change to commercial development at some point. Staff felt that C-G zoning was appropriate for this site. Planning and Zoning Commission recommended approval with no modifications or changes. No one testified at the hearing or provided any testimony in opposition of the application. To staffs knowledge there are no outstanding issues before you this evening and with that I'd stand for any questions you may have regarding the application. de Weerd: Thank you, Bill. Council, any questions for staff at this time? Meridian City Council November 23, 2010 Page 9 of 16 Bird: I have none. Hoaglun: Madam Mayor? de Weerd: Mr. Hoaglun. Hoaglun: Bill, just a quick question with the zoning change. You know, they have their dog training facility there that's also part-time used as a dog park. Does that impact that use in any way with the zoning change? Parsons: Madam Mayor, Councilman Hoaglun, it does not. It's still a public use and public uses -- once this is rezoned and the ordinance is approved and it goes to C-G zoning, those are principally permitted uses in that district, so once the police department goes to move -- the park itself will be a principally permitted use, but as they go to expand that training facility on the site as well, then, they would only have to go through CZC and design review process for that future development and/or expansion on the property as well. So, we felt it was better served or use of taxpayers dollars going through the CZC process than having public hearings and having other commissions coming in and hearing development applications on this site. Hoaglun: Great. Thank you, Bill. de Weerd: Thank you. Would the applicant like to make any comments? This is different. Canning: Thank you, Madam Mayor, Members of the Council. I did want to just add that I did verify with the police chief that this was okay. So, we did do this with his knowledge, understanding, and approval. That's all. And I will stand for any questions. de Weerd: Council, any questions for the applicant? Canning: I didn't charge a fee. de Weerd: Thank you. That would have been a good question. Hoaglun: Madam Mayor and Anna, I hope the chief at least takes you to lunch or something. That, you know, would be at least a reasonable fee. de Weerd: On his -- Hoaglun: His -- yeah. His own personal -- de Weerd: Okay. Meridian City Council November 23, 2010 Page 10 of 16 Canning: Madam Mayor, Members of -- he did give me the coconut award at the director meeting, but thus far that's all I have gotten, so I will let him know that you specifically have suggested he take me to lunch. de Weerd: I've seen the coconut award to know how special that is. Okay. This is a public hearing. Is there any member of the public who would like to provide testimony on this item? Okay. Council, any questions for staff at this point? I don't see any public testimony. I would entertain a motion to close. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: Having given the opportunity and seeing no one coming forward, I move we close the public hearing on RZ 10-003 and MDA 10-007. Hoaglun: Second. de Weerd: I have a motion and a second to close the public hearing on Items 8-D and E. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: I move we approve RZ 10-003. Hoaglun: Second. de Weerd: I have a motion and a second to approve Item 8-D. Seeing no discussion, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Zaremba: Madam Mayor? de Weerd: Yes, Mr. Zaremba. Zaremba: I move we approve MDA 10-007. Meridian City Council November 23, 2010 Page 11 of 16 Hoaglun: Second. de Weerd: I have a motion and a second to approve Item 8-E. Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 9: Department Reports A. Mayor's Office: Resolution No. 10-756: A Resolution of the Mayor and the City Council of the City of Meridian, Appointing Megan Murphy to Seat 9 of the Meridian Arts Commission; And Providing an Effective Date de Weerd: 9-A under Department Reports. Council, you have a resolution in front of you appointing Megan Murphy to Seat 9 of the Meridian Arts Commission. Megan served on our parks commission last year and was a very reliable commission member. She added to the discussion. She found that the parks commission was a little bit too much of a time commitment due to a pretty -- I guess aggressive school load that she's holding this year. She also had an interest in our arts commission, which meets immediately following school, so she felt that that would be a commitment that she could dedicate her time to and her interest. Council, I would appreciate your confirmation of this appointment. Hoaglun: Madam Mayor? de Weerd: Mr. Hoaglun. Hoaglun: I move approval of resolution number 10-756 appointing Megan Murphy to Seat 9 of the Meridian Arts Commission. Zaremba: Second. de Weerd: I have a motion and a second to approve Resolution 10-756. if there is no discussion, Madam Clerk. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council November 23, 2010 Page 12 of 16 B. Planning Department: Destination Downtown Plan de Weerd: Item 9-B. I'll turn this over to Anna. Canning: Madam Mayor, Members of the Council, my understanding of this item is to follow up on the Destination Downtown discussion you had with MDC this summer. As you may recall, you had a workshop, they presented the whole plan to you and I think there is a general acknowledgment that it was a good plan and a good start. I have gone though that plan, dissected it and broken it down in a number of ways to look at how the city may be able to move forward and I spoke to you a little bit about that during my strategic plan. I think Council Member Zaremba wanted an acknowledgment on the part of Mayor and Council that this is a document that city staff should be looking at working on and I think one of the options considered was to adopt it as our own. There may be some concerns with that and I don't have specific examples necessarily to give you, but I wanted to say it's -- it's primarily a vision document and a compilation of the public involvement efforts done by the consultant for that area. So, it's a collection of a lot of ideas, some that may not be compatible with one another and some that may be worded in a way that the city perhaps wouldn't want to say is their own. So, what I would recommend that if the city wants to perhaps do a resolution acknowledging that it is -- you know, it is the vision we have for the redevelopment area, it does provide that public participation and input on what those owners see as the best way to move forward, and it certainly provides a starting point for discussions for staff to look at in moving those objectives forward and that would be my recommendation ,tonight for Council, because I think there is a lot of really great stuff as a starting point in that document and, really, a good basis for discussion and moving forward and seeking out partnerships with MDC and with others. de Weerd: Thank you, Anna. And, Council, we had called the workshop with the MDC to present the plan. We also invited departments and various commissions that would own a little bit of piece of implementation of those plans because of some of the citizen involvement and oversight, maybe, in duties of some of those commissions that would have a relationship with the plan. Anna has also dissected it in terms of actionable items to make more apparent of what is typically an urban renewal district role and what might be a role and/or responsibility on behalf of the city to implement this publicly participated vision. So, I do think that the resolution is the appropriate fashion and certainly Council in reviewing the minutes of the workshop that this was presented, it looked like Council also bought into the vision, maybe not some of the implementation specific steps and this will not make us totally commit to each of those, but you do have that document that Anna has put together. We have asked each of the departments to go through it, look at it in terms of what is doable and what those are assigned to and provide feedback so we can have a discussion with the urban renewal district on setting clear roles and responsibilities and expectations, so they don't expect that we are going to be doing something that we don't feel comfortable in doing. So, we would look for your comments and feedback on that document as well and, Anna, if I remember right the deadline was for next Friday. A week from Friday. Meridian City Council November 23, 2010 Page 13 of 16 Canning: Correct. The other directors were to get me their comments next Friday and, then, I committed to turning around their edits within a week and I think within another week what I could do is I really broke the plan up into almost levels where it has a hard time making sense and I committed to take -- once we get all the assignments done and figure out who is doing what, I committed to kind recombining it into more of a narrative style that clearly explains what we would be doing and could certainly and will certainly provide that to Council and, Madam Mayor, perhaps that would be the appropriate time to bring that resolution back is when that document is done as well, so Council can understand what staff is committing to. de Weerd: What we also did with that, just so as you're looking at it, we made definitions, because we couldn't really find specific definitions on the high, medium -- high, medium and low and nonpriority definitions in that plan for action items. So, the highest we assigned either were doing that work right now or will be doing it within a three month time period. High is this -- this budget year. Medium is next budget year. Low would be in a five year time frame. And, then, our next nonpriority would be ten years and we also might make -- Canning: We used lowest, instead of nonpriority, but -- yeah. de Weerd: Oh. Lowest. And, then, we do have the items that we feel need to be removed for our recommendation. Again, then, we would meet with the Urban Renewal District to have those discussions as well. Mr. Zaremba. Zaremba: Madam Mayor, I would only add to that that one of the things that I thought was very attractive about the Destination Downtown plan was that it was not just something that a bunch of people were going to think about and write up and, then, put on the shelf someplace, but part of the plan had the elements that there would be champions selected who would take on the work of actually making the plan happen. like the idea of bringing it forward as a resolution, again, when we did have the discussion on it I think most of the Council was in favor of the work that was done to that point and thought it was a good thing to move forward. I just feel since MDC is, technically, a separate agency from the city, we are not the same thing, that the work that has been done in the interim, as Director Canning has mentioned, identified a number of staff members who would take on some of those champion roles and just so that we are clear that MDC is not running the city, I think it would be wise to have a resolution that we agree with their plan and we authorize city staff to be the champions. In the long run I think it would be of great benefit to the city to have our people be involved in some of those areas. We are not covering all areas. Some of them are still MDC direct responsibility, but I just think it would be prudent and helpful for us to have a resolution authorizing this. de Weerd: Thank you. Any other discussion from Council? Well, we do look forward to your feedback and any comments if you can get those to Anna. And thank you, Anna, that was a mammoth undertaking, so we appreciate that. Meridian City Council November 23, 2010 Page 14 of 16 Zaremba: Yes. Thank you for me, too. Item 10: Ordinances A. Ordinance No. 10-1465: An Ordinance (RZ 10-002 Raisin' Angels) for the Re-Zone of a Parcel of Land Being a Portion of the Northeast 114 of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho Whose Address is 1125 E. Pine Avenue, Meridian, Idaho Approved B. Ordinance No. 10-1466: An Ordinance (RZ 10-001 Fast Eddy's Ten Mile Station) for the Re-Zone of a Parcel of Land Being a Portion of the Courtyards at Ten Mile Subdivision Located in the Northwest'/4 Of The Southwest'/4 Of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho de Weerd: Okay. Council, if there is nothing further on that item, we will move to Item 10 under ordinances. I will ask Madam Clerk to read Items 10-A and 10-B by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 10-1465, an ordinance RZ 10-002, Raisin' Angels for the rezone of a parcel of land being a portion of the northwest one quarter of the northeast one quarter of the southeast one quarter of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of 4.22 acres of land from the zoning district I-L, light industrial, to the C-N, neighborhood business zoning district in the Meridian City Code. Providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. Holman: City of Meridian Ordinance No. 10-1466, an ordinance RZ 10-001, Fast Eddy's Ten Mile Station for the rezone of a parcel of land being a portion of the Courtyards at Ten Mile Subdivision, located in the northwest one quarter of the southwest one quarter Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of 5.9 acres of land from the C-N, Neighborhood Business Zoning District, to the C-C, Community Business Zoning District, in the Meridian City Code. Providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. Meridian City Council November 23, 2010 Page 15 of 16 de Weerd: Thank you. Council -- or members of the public, you have heard these two ordinances read by title only. Is there anyone who would like to hear them read in their entirety? Seeing none, Council? Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: I move that we approve Ordinance No. 10-1465 with suspension of rules. Zaremba: Second. de Weerd: I have a motion and a second to approve Item 10-A. Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. de Weerd: Item 9-B. Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: I move we approve ordinance number 10-1466 with suspension of rules. Hoaglun: Second. de Weerd: I have a motion and a second to approve ordinance 10-1466. Roll call on this item, please. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. de Weerd: Usually by the end of our meeting we have lost the youth in our audience and I'd like to thank you. Although this is one of our quicker meetings. (would, after our adjournment, like to offer you a City of Meridian pin if you would like to have one. So, will come out there and give those to you if you have an interest. Council, at this point I would entertain a motion to adjourn. Meridian City Council November 23, 2010 Page 16 of 16 Hoaglun: So moved. Zaremba: Second. de Weerd: All those in favor. All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. Have a Happy Thanksgiving. MEETING ADJOURNED AT 7:40 P.M. (A/UD~I-O--RECORDING ON FIL F'THESE PROCEEDINGS) MAYOR ~,~ ~.~ ~ ''~~ y ~~ fi .: . ~i' ~' - - _ ~ . ...,A~~' c ~~ ~ °~ ~~ ~~ r-' . >_~~-=' DATE APPROVED VI I T I~LCKY~ RECEIVE] NOV ~ ~ ~O~G Changes to Agenda: ~/ ~d~Q ~~~5~ ~~,E ID~.C Item #8.A: Harcourt Subdivision (TE-10-027) -The applicant has resubmitted a request for CITY ~~ ~ ~, iq by an a-mail received this afternoon. Item #8.6: Harks Canyon Creek Subdivision (TE-10.030) -The applicant has requested this item be continued to the December 21, 2010 City Council hearing however staff is requesting this item be continued to the December 28, 2010 hearing. \ Item #8.C: Bainbridge Subdivision (TE-10.029) Application(s): - Preliminary Plat time extension Size of property, existing zoning, and location: This site consists of 151.72 acres, is currently zoned R-8 & L-0, and is located southwest of the ChindenlTen Mile intersection. Summary of Request: The applicant requests approval of a 4th time extension on the preliminary plat for Bainbridge Subdivision in order to obtain the City Engineer's signature on the final plat. The preliminary plat consists of (389) single-family residential building lots, (22) commonlother lots, (1) church building lot, and (1) lot to be developedlre- subdivided in the future on 151.72 acres of land. As previous conditions of approval, the applicant is required to comply with current UDC provisions regarding development along state highways; provide a minimum of 10% open space & a minimum of 6 amenities. Sfaff is not recommending any new conditions of approval with this application. Written Testimony: David Turnbull, Applicant (in agreement w/staff report) Outstanding Issue(s) for City Council: None Staff Recommendation: Approval of a two-year time extension Notes: Meridian City Council Meeting neTF• November 23. 2010 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approve Minutes of October 26, 2010 Pre-Council Special Meeting MEETING NOTES ~~ ~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 23, 2010 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approve Minutes of November 9, 2010 Pre-Council Special Meeting MEETING NOTES ~'6'C""' CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 23, 2010 ITEM NUMBER: 5C PROJECT NUMBER: ITEM TITLE: Approve Minutes of November 9, 2010 City Council Workshop Meeting MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE. November 23, 2010 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approve Minutes of November 16, 2010 Pre-Council Special Meeting MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 23, 2010 ITEM NUMBER: 51 PROJECT NUMBER: ITEM TITLE: Acceptance Agreement: Display of Artwork in Initial Point Gallery, Meridian City Hall between the City of Meridian and Anne E. Watson Sorensen MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS i I _ ~ I I ~ - ~ ~ / Ta S I~cx~_~ r-~ ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POIN2010 Bement is made this ~ day of i~la-e.mbe GALLERY, MERIDIAN CITY HALL ("Agr ) ("Effective Date"), by and between the City of Meridian, a muninipaanl d °a per on whose address laws of the State of Idaho ("City"), and Anne E Watson Sore , is 12074 W Albany, Boise, ID 83713 ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, on December 3, 2009, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be ~.~, displayed in Initial Point Gallery; WHEREAS, at its regular meeting on January 19, 2010, the Meridian City Council adopted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on December 3, 2010, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator, approximately twenty-four (24) framed paintings, which pieces shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on December 3, 2010 at the direction of the Gallery Curator; shall allow the display of such work in ~''~ Initial Point Gallery from December 3, 2010 to December 30, 2010 in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on December 30, 2010, at 9:00 a.m., or at such time and date as is mutually agreed upon by the Artist and the Gallery Curator. ACCEPTANCE AGREEMENT PAGE 1 of 6 INTTIAL POINT GALLERY DISPLAY II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display his artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE. ~,,,~ Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto as Exhibit C, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and C, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such i"~ removal serves the best interest of the City. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 Of 6 ~ V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, mazketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI. INDEMNIFICATION. WAIVER. AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and ~"~ all losses and expenses caused or incurred by Artist, his servants, agents, employees, guests, and/or business invitees. ACCEPTANCE AGREE[v1ENT INITIAL POINT GALLERY DISPLAY PAGE 3 of 6 '''~ B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance is Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person, property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. ~ A. Termination for cause. If City determines that Artist has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. r~ ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 4 of 6 ~ VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlazged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require his artistic talent or expertise. Artist may subcontract or assign obligations that do not require his artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by n United States Mail, addressed as follows: ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE $ Of 6 ~"'~ Artist: Anne E Watson Sorensen 12074 W. Albany Boise, ID 83713 (208) 375-5521 aewatsonart@aol.com Ga11er~Curator: Dwight Williams Meridian Arts Commission 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 887-6473 dwight5332@q.com C Emily Kane, Deputy City Attorney City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 898-5506 ekane@meridiancity.org Any party may change its respective address for the purpose of this pazagraph by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. - IN W NESS WHEREOF, the parties hereto have executed this Agreement on the /.~~i.. day of r 2010. ARTIST: Ann Watson 5o en STATE OF IDAHO ) ss: County of ~~ ) I HEREBY CERTIFY that on this ~ ~ day of TIQ/~~ 2010, before the undersigned, a Notary Public in the State of Idaho, personally appeared Anne E Watson Sorensen, known to me to be the person who executed the said instrument, and acknowledged to me that she executed the same. TN WITNESS WHEREOF, I have ~ unto set my hand d aff ed my officials ,the day and year in this certificate first above written. ,,,,'~~.~~~ ~. O CITY OF MERIDIAN: BY: Attest: ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY ., e~oT~+~y '~~• ~vs ~t~ EU Residing at __,~[~~ My Commission Expires: `~~~U11u1l~t/t~/`,,, oa'PO~+ Fo SEAL -r $M ~, ~ ~ Q`\ PAGE 6 of 6 Exhibit A ~~ Meridian Commission Call for Artists: 2011 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2011 Initial Point Gallery Series, a series of one-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total wall space for hanging two- dimensional artwork, and four enclosed display cases for three-dimensional artwork. MAC requests that artists voluntarily donate to MAC 209G of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: Two-dimensional works displayed in Initial Point Gallery must be comprised of professional-quality, ready-to-hang, original art; artwork on paper must be under glass or acrylic. Selectees must fill all or half of the gallery. Three- dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safely hung or displayed using the gallery's equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees may reapply biennially. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2011 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. '~~ • Completed, signed Application R Acknowledgements form; • Biography of the artist or informational statement regarding organization; • Letter of intent; • Five (5) digital images representational of the works proposed for display, on a CD (for organizations, each image must be of a different artist's work); and • $35 gallery maintenance fee (nonrefundable). Details and forms are available at the City's website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. Materials submitted cannot be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 29, 2010. SELECTION PROCESS: The selection of art for the 2011 Initial Point Gallery Series will be made by MAC. MAC will notify Selectees by letter sent U.S. Mail. In evaluating eligible proposals, the following factors will be considered: • Quality of work; • Appropriateness of subject and concept for a functioning government workplace; • Consistency with City polity and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: • Volunteers to assist artist/organization with installing and removing each piece of artwork; • Track system for hanging 2D art, using wires that are attached to hooks; • Four enclosed pedestals for 3D art, each approximately 24 inches square; • Space for artist information and/or an information board; and ~ • Publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission Attn: 2011 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83b42 By a-mail: mac@meridiancity.org n Exhibit B ..~ Meridian Commission Application Ft Acknowted~ments: 2010 INITIAL POINT GALLERY SERIES ARTIST/ORGANIZER COACT INFORMATION: Check one: I am submitting this form as an individual artist. ^ I am submitting this form on behalf of an organization. Artist/Org. Name: Organizer name: E-mail address: Mailing Address: Physical Address: Phone numbers: Day: 315 -55'1-~ Evening: Cell: F3'1o-?~~c~ APPLICATION OVERVIEW: Check one: ~~~, 0~1/we propose to fill one half of Initial Point Gallery with artwork. •• ~~/we propose to fill the entire Initial Point Gallery with artwork. Number of pieces: :4•$~ Average size of pieces: ZZ X30" APpUCATION MATERIALS: Ej Completed, signed Application St Acknowledgements Form Biography of artist or informational statement regarding organization, no longer than one 8Yz x 11 "page; ~.-~ l~ A letter of intent, describing: • Artist/Organization's vision for and/or theme of the proposed display; • Number, dimensions, prices, and medium or media utilized in the works to be displayed; • Any publicity that the Artist/Organization plans to undertake if selected; and/or • Any atypical issues or challenges regarding hanging or display of the works proposed for display. Up to five digital images representational of the artist's/organization's work on a CD, resolution of 300 dpi at a minimum size of 5x7", in . jpg format. Please name each image file with artist's last name or organization name and the title of the work (e.g.: name.title.jpg). Materials submitted will not be returned. Damaged or non- / compliant CDs and/or images will not be considered. Images wilt not be accepted via a-mail. iZ1 $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable. HANGING INFORMATION: Initial Point Gallery is equipped with a track system for hanging exhibits. Artwork displayed in the gallery will be hung from cables using hooks, and therefore must be equipped with one D ring on the back of the frame, or two D rings on the side rails on the back of the frame, as illustrated below. Wires or eyehooks may not be used for hanging, and clip frames are not allowed. The D-rings should be approximately a quarter of the distance of the total frame height from the top fo the frame, in order to avoid slanting away from the wall. APPLICATION AND ACKNOWLEDGEMENTS - 201 O INITIAL POINT GALLERY SERIES PAGE 1 OF 2 Anne E Watson Sorensen 12074 W Albany Boise, ID 83713 November 19, 2009 Meridian Arts Commission Attn: Initial Point Gallery 33 East Broadway Avenue Meridian ID 83642 RE: Letter of Intent Dear Meridian Arts Commission, Thank you for the opportunity to present my proposal to display my artwork for the 2010 Initial Point Gallery Series at the beautiful new Meridian City Hall. ~ Anne E Watson Sorensen Artist's Proposal Exhibition Title: "BE STILL " Art Medium: Watermedia paintings (optional addition: oil paintings) Style: Impressionistic realism Exhibition Theme and Vision: A moving collection of original watermedia pieces that invite us to take a deep breath, reflect, and "Be Still ". Featured will be Idaho landscapes, still lifes, and abstracts with an underlying theme of peace, hope and joy found in overcoming despair. Dramatic renditions filled with emotion and color cause one to pause and "Be Still ". Calligraphic writings lace a number of the paintings. Publicity: Artist wild send out postcards as well as e-invitations.. Also advertised in the Idaho Statesman, Boue Weekly, and Idaho Tribune. Flyers to be posted at local businesses. Exhibition Pieces: (a sampling of typical pieces) L" X W ' Price Title 1. 32 x 40 $1200 "Be Still" 2. 24 x 3I $6S0 At Peace ,•~, 3. 20 x 24 $S00 Silent Partners 4. 20 x 26 $1000 Mother's Earth S. 24 x 24 $SSO Midsummer's Cove 6. 28 x 35 $1200 Being Koi 1 ~"~ 7. 36 x 28 8. 24 x 31 9. 18 x 22 10.24 x 32 11.14 x 17 12.26 X 26 13. 31 x 24 14. 22 x 32 15.28 x 32 16. 18 x 22 17. 33x30 18.23 x 19 19.18 x 22 20.22 x 30 21. 22 x 30 22. 18 x 22 23.34 x 44 24. 24 x 30 25. 25 x 19 2F~ 20 x 19 27. 19 x 1 S 28. 27x 15 29.22 x 32 30. 24 x 19 3l. 34 x 44 32.31 x 37 33-48 appr $1200 Being Koi 2 $750 Snow's Glow $400 United $SSO Companions $275 Wood River-Winter's Embrace $500 Sail Away $575 Nature's Patchwork $585 Paradisiacal $650 Oh Remember $495 Autumn Treasure $2000 American Dreamers-Cub Scouts $900 Virtuous $450 Unquiet Rest $575 Unbridled $575 Wearing Winter White $450 Nestled $1200 Solitude $585 Also $SSO Guitar Man $285 Kathryn's Garden $275 Serenity $325 Eternal $450 Retired $300 Calla $1200 Surrender $585 Seek the Light ox 9 x 11$75-165 assorted miniature masterpieces Thank you for your consideration and time in considering my proposal. I would be flexible in adjusting the exhibit to the best interests of the Meridian Arts Commission. Please note that all artwork is subject to prior sale, and new work may be included or substituted. Sincerely yours, ~ ~ L Anne Watson Sorensen Artist (208)870-2570 '~ Attachments: 1. Artist Statement and Biography 2. CD 3. Check ~~ ~'V a~ ~ o~e~S~~ ~r~~~ its Artist Statement and Biography Anne E. Watson Sorensen's watercolor paintings soothe the soul and speak deeply. They are quiet and impressionistic, possessing an alluring sensitivity and spirituality. "A ft~r tkt Starts" "In my journey to find peace, 1 have been searching for increased silence and simplicity. My artwork encourage viewers to also look within-to the soul of what is longing to be heard. A quiet voice whispers messages we long to hear, countering the noise of the screeching sirens of the world which distract us from the calming words, `Be Still, and know that I am God." Anne is a graduate of The Art Instruction School and the BYU Business Manage- ment program. She has garnered numerous local, regional and national awards for her artwork. She is a grant recipient of the National Endowment for the Arts and the Idaho Commission for the Arts. Anne is a Merit Member of the Idaho Watercolor Society. Additionally, she has had several solo artist shows and has shown in statewide group shows. She is represented by the Art Source Gallery in Boise, Idaho. Anne has studied with and been mentored by many nationally and regionally renowned artists.. She considers herself a lifetime student and also enjoys teaching art privately. She is committed to a lifelong passion for continued growth, learning and loving. Webstte: www.aesorensen.com Phone: (208)870-2570 E-MaiF Aewatsonart@aol.com Home Studio ~c Gal/ery: 12074 W. Albany Dr. Boise, Idaho 83713 Exhibit C ~. ACKNOWLEDGMENTS.: I, ,~rn~n~,C~ (fUc~ey1. ~'~erp~i~Pv1 ,hereby acknowledge the following stipulations and agree that if my/my organization's art work is selected for display at Initial Point Gallery, such display shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. t specifically acknowledge that: A. Before my work wilt be displayed in Initial Point Gallery, I will be required to enter into an Acceptance '"~ Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. B. If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will "'T' exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and wilt not assume liability for any loss or damage. C. Any insurance of the art work displayed in Initial Point Gallery shall be the sole responsibility of the ' ' artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. D. While art work displayed in Initial Point Gallery may be passively offered for sale by means of an '"' ' informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. E. While it~is intended that each exhibit in Initial Point Gallery will be displayed for aone- to two-month period, this period may be shortened by the City of Meridian for any reason, without notice to the ~"1 artist or organization. F. The City may display the work of more than one artist or organization in Initial Point Gallery at any ' time, at the City's sole discretion. G. Art work submitted for display in Initial Point Gallery must be original works conceived and created ' ^ by the artist (or by artist members of the organization) submitting this application. H. Meridian City Hall is primarily a place of public business and initial Point Gallery is a public place. The '" City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Halt is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable. To this end, only artists and art work meeting the eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. I do acknowledge and understand each and a!t of the foregoing stipulations and do agree to these general terms and conditions. Signature: Print name: ~h.2~U,/Q~'So-~I Date: ~ ~~16~09 To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: Initial Point Gallery ~..~ 33 East Broadway Avenue Meridian ID 83642 Thank you for your interest! APPLICATION AND ACKNOWLEDGEMENTS - 201 O INITIAL POINT GALLERY SERIES PAGE 2 OF 2 Meridian City Council Meeting neT~• November 23. 2010 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: License Agreement with Nampa & Meridian Irrigation District for Kleiner Park MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~t~~,'~ -- _ Or~q ~ ~ o.\ -~ti ~n -I~ ~v e. S,ddQ~~.~ RINGERT «~LAW Laura E. Burri Adam S. Chrisrenson Jeffrey R Christenson David P. Claiborne S. Bryce Fazris Jon C. Gould November 16, 2010 David Hammerquist Chazles L. Honsinger •' James P Kaufman Jennifer Reid Mahoney James G. Reid ' Daniel V. Steenson David Meldrum Parametrix 7761 W. Riverside Drive, Ste. 201 Boise, Idaho 83714-5044 Re: License Agreement, Easement, and Relinquishment of Easement with Nampa & Meridian Irrigation District Dear Mr. Meldrum: Enclosed forreviewand signature is the original of the above-referenced License Agreement and Easement you requested. A copy of the Relinquishment of Easement is also enclosed for vour review. The Agreements must be signed and notarized as indicated. Do not date page one of the License Agreement. If the originals are executed and returned to me by November 24, 2010, I wi ll be able to submit the Agreements to the District's Board of Directors for approval and signature at the Board's next meeting on December 7, 2010. The District will have the originals recorded and I will return copies to you. Ill addition, I have enclosed the original License Agreement between the Citv of Meridian and Nampa & Meridian Irrigation District for the pathway. Please submit the Agreement to the City of Meridian for execution. The above-mentioned instructions and dates also apply. Please contact me if you have any questions or comments regarding this matter. Yours very truly, S. ryce 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 l a w.com "also licensed in CO ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 1 1018E IDAN012110110 10:11 AM III (~~III~II'II'IIYIII'IIII~IIIII~II DE'UTY Llsa Iatt RECORDED-REQUE>3T OF i 1011632 Nampa Meridian Irrlgatlon LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this ~ day of L~ ospwu.~ , 2010, by and between NAMPA & MER]DIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by vi-tue of the laws of the State of Idaho, party of the first party, hereinafter referred to as the "District," and THE CITY OF MERIDLAN, a political subdivision and municipality oi'the State of Idaho (hereinafter "City"). party or parties of the second part, hereinafter referred to as the "Licensee," WITNESSETH: WHEREAS, the parties hereto entered into a Master Pathway Agreement Far Developing and Maintaining Pathways For public use along and across some of the District's ditches and within some of the District's easements and fee title lands dated December 19, 2000, recorded as Instrument No. 100102999, records of Ada County, Idaho, hereinafter referred to as the "Master Pathway Agreement;" and, WHEREAS, the District and the City intended by entering the Master Pathway Agreement to accomplish the following in a manner that is consistent with their respective legal and fiduciary responsibilities; to enhance the City's pathway planning though early consultation between the City and the District; to establish a process for the City's submission of pathway requests and the District's consideration of such requests; and to provide the general conditions for the District's approval and authorization of pathway requests affecting the District's ditches, property, operations and maintenance; and, WHEREAS, the District grants to Licensee the right develop pathways to encroach within the District's easements along and across the District's ditches, canals and easements therefor upon the terms and conditions of said Master Pathway Agreement and after the execution of a license agreement for each proposed crossing and encroachment; and, WHEREAS, the Licensee is the owner of the real property easement /right of way (burdened with the easementofthe 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 controls the irrigation ditch(es) or canal(s) known as FINCH LATERAL (a 1: a South Slouvh) and STOKESBERRY LATERAL (hereinafter collectively referred to as "ditch or canal") to,ether with the real property and/or easements to convey irrigation water, to operate and maintain the ditch or canal, and which crosses and intersects said described real property of the Licensee as shown on Exhibit Q attached hereto and by this reference made a part hereof; and, LICENSE AGREEMENT -Page 1 WHEREAS, the Licensee desires a license to perform construction to pave a pathway within the District's easement for the Finch Lateral and the Stokesberry Lateral under the terms and conditions of said Master Pathway Agreement and those hereinafter set forth, NOW, THEREFORE, for and in consideration ofthe premises and ofthe covenants, agreements and conditions hereinafter set forth and those set forth in said Master Pathway Agreement, the parties hereto agree as follows: 1. Licensee may perform construction involvingthe pavingofthe pathway within the District's real property and/or easement for said drain, located within Julius M. I<leiner Memorial Park, northeast of the intersection of Fairview Avenue and Eagle Road, Meridian, Ada County, Idaho. ?. Any construction, widening or crossing of said ditch or canal shall be performed in accordance with the "Special Conditions" stated in Exhibit C, attached hereto and by this reference made part thereof. 3. The pe-•mitted hours of use of the pathway shall be fi-om one half hour before sunrise and one half hour after sunset. -'l. The parties hereto incorporate in and make part of this License A`.:reement al I the covenants, conditions, and agreements of said Master Pathway Agreement unchanged except as the result of the provisions of this License Agreement. The covenants, conditions and agreements herein contained and incorporated by reference shall constitute covenants to run with, and running with, all ofi the lands of the Licensee described 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 oi'each of the parties hereto and their respective successors and assigns. IN W ITNESS WHEREOF, the District has hereunto caused its corporate name to be subscribed by its officers first hereunto duly authorized by resolution of its Board of Directors and the Licensee has hereunto subscribed its corporate name to be subscribed and its seal to be affixed thereto, all as of the day and year herein first above written. ~~ °-.. ~E~~ ~ { r~ ~ltt~. ~ FA ~~E ri 4 ~ ~~ ATTEST: ~~~ ~~~ °~~ NAMPA & MERIDIAN IRRIGATION !STRICT ~/ f sy Its President Ics Secretary L:ICLNSE AGREEMENT -Page THE CITY OF MERIDIAN By ~~ ATTEST: \~,~`` .~~ ~~ ~ ~ '~.,~~ C~i° ~~~eR~o~~T~o r,~. - ~.~~ - ~, ~~~ . ' STATE OF IDAHO ) f%, ~~ ~~~gp ~S-~ , ~ ~~,'a :' ~ Oe County of Canyon ~~'~ ~ I-~~Y`~ ,~ `~• /~~"rr ~ i t ~ 1 n ~ 1 «<~~~~ On this ~ day of -~,p~'pa~N, 2010, before me, the iuldersigned, a Notary Public in and I'or said State, personally appeared Lee Sisco and Daren R. Coon, known to me to be the President and Secretary, respectively, of NAMPA ~ MERIDIAN IRRIGATION DISTRICT, die irrigation district. that executed the. foregoing instrwnent 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 clay and year in this certificate first above written. ®,®o®e~eooe~oesease ®®•"'~,e~~ R A ®~;• coo °°°° (~(Y1.~.J~,~.~,. ~ . ~ ~ a® ®®~OTA,Q~,'® m Notary Public for Idaho Residing at ,Idaho ®®'® My Commission Expires:_'7~_~U l `~ ® ~ ~dj-- m °® 'r'UBLlGeo ~o: STATE OF IDAHO °°°°,~y®®•®•o•®®®••• Q,~e~• County of Rdo. ) On this~L day of 15c~rernbe.'/ 2010, before me, the undersigned, a Notary Public in and for said State, personally appeared'~~~ ~P We~~ G~ and ~~a.~jC~~.- (~olw,o.An ,known to me to be the 1~1~~err and ~~ ('le~K- ,respectively, of The CITY OF MERIDIAN, the. entity that executed the foregoing instrument and acknowledged to me that such entity 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. a•.®•~~ - -, , - .I, . - `~° ~cl . i 4 ® ~ ~ ~ B 1 1 ~ ~ t ! ~ ~ ` '`~' f~ .. /0 ~ f~ ;~4 < ry5 ®~ mow'` (~F'~$.t~~~~V®g ~e~~~s N ary Public fog tola,b,~ Residing at I`-lea;~r~l~ , t~ My Commission Expires:.~rw, y , acs I'-~ LICENSE AGREEMENT -Page 3 EXHIBIT A Legal Description In the South 1/2, Section 4, Township 3 North, Range I East, Q.M., Meridian, Ada County, Idaho. EXHIBIT C St~ecial Conditions a. Construction of the pathway shall be in accordance with Exhibit C-l, attached hereto and by this reference made a part hereof. b. Licensee acknowledged and confirms that the District's easement along this section of the Stokesberry Lateral and cinch Lateral includes a sufficient area oi~ land to convey irrigation and drainage water, to operate, clean, maintain and repair the Stokesberry Lateral and Finch Lateral, and to access the Stocl:esberry Lateral and Finch Lateral for said purposes and is a minium of 40 feet, 20 feet to either side of the centerline for the Stokesberry Lateral and a minium of 80 feet, 40 feet to either side of the centerline for the Finch Lateral. c. Construction shall be completed one year from the date of this agreement. Time if of the essence. LICENSE AGREEMENT- Page 4 ~. ~, f 't 3 * CMS ~ 1+ $.~~• r~+ ~~ ~t~kesb~r L1 . f e~ ~ ~ I~~, Irv ,,I, _ ~,~~ y4 ~ , .~~ i i ' ~~ ~~ -~. r ~i ,~ ~ = ~~ .^ Y ~ _ ~ e+F ~I Fisch La~ral and Std~sbeny lalaal n SW114, S. 4, T.3N, R.1E, &M., PdaCounty, Idaho (Pugud 1984) Exhibit B . ~;, -,~ ~ ~~ is j ~}4y~$M~~~,~1p m '~ {5~~~~ Wi Y.. C 6 i ~ ~ . c ~ / / m w 3 m mm~ s 33~ ^ ' ~ .~~ - S OAF ., ~~.,, i ~ ;' c Z3m ~ 9 y ip C s ~,~;,~; x ~ ~': Q~kIR J r D Z ~o z s-~ ~I Z ~ o.. ~ / J MATCH LINE SEE SHEET 702 2qd&SSKEa4R65E~ f'am~^=swa>6'>R36~o#2286^o22AS:~M y~*~5~, k:N>ggh~;;Cn°S€F,~E ; O i !G O t $ ~ sE ~2 y~s'°~e$~$g~~`~~'~y£y£fi q]7q~°5~yysy~y~~~~~~' ~a4~~~P~s~R ~~~~ 4 5 -yi F i~ ~ f~~~~¢~~~~~~~~~ • ~~£~''~~~ ~~jR $~X~~'i6~i£FfiiE ~S Pk L.~i X1__z~~.~~"2~i ~ 2 C ~ ~ o o'~~~sa ~ ~~ ~~a~ ~ ~ ~~`~ x a" ~'sj~ r ~~r=~.~'s'-~~°~~~~ z --rii ~ ~k = s~ ~ ~§FF9sc ~ o ~ ~ c fl a z U_ O e ~t 6~ 7: ~ R~ ~ F ~ m ~ ~yy N ~~ ~ R «.o~mg 6RaR=~gA3Y9p1F~°R~ ~r-`Yp ?~°~ ~8 z~g~9~ Exhibit C-1 , page 1 ~ ~~~~ ~~~ ~~~~~~ ~ ~" ~ ~ ~ ---_- R q I I . ~ ~- Z-{ _ n ~ ~ g E \w. Z -- 9 s ~~ K z ~ b u 0 oZ ~ N MATCH LINE SEE SHEET 701 1 H l 1 ;.. L 1 9 ,_. IL L, 1 t ~-.:: 1 ~. i ,E 1 O ~ 7~ W$$R°>RrS'~b~$2Neo$pZQS.El, 3?~aGgaandnG3a8!<R~a ~ O o [~BY~2ic gp ~q ~ a 8 ~ ""JJ~S_ Cb8 ~Y~~ ~a v oo~~'yS p~c£g E~m u~~ ~~g~~~ °t,pa ~~~L~., ~`~~ F~ i~ ~Y~ ~~~"~~s~~~s~_ - ~ "` ~~~u¢~~a ~ FF55~ Y ~ pp g6~ ~4~~a6 ~ ~ ~9~ E~ 4 y q~ ~ ~~ ~~, ~ -~i i c~ y 52p ~9~spi~~s~i ~F~ ~ Z. N ~P ~ gy ~'3QY ~S 4~~ i '4 ~y ~~ n .-. 2 j° m ~8 g~ 5~~ q ~ v Ti = ~ ~ q~~4 ~ 5~ FF ~ p ~, zp -~ g p~~g ~ ? S c ~ m 8 N F 8 ~ ~ } 2~~a Fg~ c~~R°'~~3i;a~~'i~ ~ m Exhibit C-1 , page 2 _ ~ u€~ ~~~'. ~~ RINGERT «1L December 21, 2010 David Meldrum Parametrix 7761 W. Riverside Drive, Ste. 201 Boise, Idaho 83714-5044 Laura E. Berri Adam S. Christenson Jeffrey R Christenson David P. Claiborne S. Bryce Fazris Jon C. Gould David Hammerquis[ Chazles L. Honsinger * James P Kaufrnan Jennifer Reid Mahoney James G. Reid Daniel V Steenson Re: License Agreement and Easement with Nampa & Meridian Irrigation District Dear David: Enclosed is a copy of the recorded License Agreement and Easement dated December 7, 2010, between Eugene M. Kleiner and Michael E. Huter, as Co-Trustees of the Julius M. Kleiner Memorial Park Trust U/T/D and Nampa & Meridian In-igation District. Also enclosed is a copy of the License Agreement between the City of Meridian and Nampa & Meridian Irrigation District for the pathway within Julius M. Kleiner Memorial Park. Please contact me if you have any questions or comments. Yours very truly, S. Bryce Farris SBF:kw Enclosures cc: City of Meridian 455 South Third Street PO Box 2773 Boise, Idaho 83701 208.342.4591 FAX 208.342.4657 ` also licensed in OR wwwr i n g e r t l a w.com ** also licensed in CO Meridian City Council Meeting neTF~ November 23. 2010 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: New Liquor License Approval for R & J Restaurants, LLC. dba Ricks Press Room located at 130 E. Idaho Ave. MEETING NOTES ~°"`~' CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS f1- r~ -ate --- -~"~~ ©~- ~ q~ h o.~ ~ aPp~lcc`r~ ~- C ~ ~ ~~ Meridian City Council Meeting noTE~ November 23, 2010 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Development Agreement for Approval: RZ 10-001 for Fast Eddy's Ten Mile Station by ST Investments Located Southeast Corner of N. Ten Mile Road and W. Pine Avenue. Request: Rezone of 5.90 acres from C-N (Neighborhood Business) to C-C (Community Business) Zoning District MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~ I -~ 1 ~ "~~ ~ I t - ~ ~ -r6-~~~.~~ ~ C°P~ ~° ADA COUNTY RECORDER J. DAV1D NAYARRO AMOUNT .00 BOISE i0AH011-E9M0 11:d8 AM DEPUTY ~~~ Allen III IIIIIIIIIilillllllllllllllli III RECORDED-REQUEST OF 110111935 Meridian City DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Truce, LLC, Owner 3. ST Investments, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this ~6~ day of ~/~~- , 2010, by and between City of Meridian, a municipal corporation of the State of Idaho, (hereinafter "CITY"), and Truce, LLC, whose address is 3313 W. Cherry Lane, Meridian, ID 83642, (hereinafter "OWNER") and ST Investments, Inc., whose address is 770 West Ustick Road, Meridian, ID 83646, (hereinafter "OWNER/DEVELOPER"). L RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of that certain real properly in County of Ada, State of Idaho, described in Ezhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full (the "Owner Property"); and 1.2 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of that certain real property in the County of Ada, State of Idaho, described in Exhibit B, which is attached hereto and by this reference , incorporated herein as if set forth in full (the "Owner/Developerfroperty"); and 1.3 WHEREAS, the Owner Properly and the Owner/Developer Property are herein after collectively referred to as the "Property;" and 1.4 WHEREAS, the Property was originally approved and annexed in to the City in 2003 as a portion of a mixed use development that included a mix of residential and commercial uses; and 1.5 WHEREAS, the Property is encumbered by that certain Development Agreement associated with the mixed use development and recorded in the real property records of Ada County, Idaho, on October 30, 2003, as Instrument Number 103184142 (the "Original Development Agreement'; and DEVELOPMENT AGREEMENT -FAST EDDY'S TEty Mn.E STATION (RZ 10-00!) PAGE 1 OR SO S:\Docs\ST Investments, Inc\General\AGR\Development Agreement (CLEAN I1-16-10~DOC 1.6 WHEREAS, upon recordation of this Development Agreement, the Original Development Agreement as to the Properly shall be void and terminated in its entirety and of no further force or effect; and 1.7 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner and Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.8 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-SB-3, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.9 WHEREAS, Owner and Owner/Developer has submitted an application for re-zoning of the Property described in Exhibit A, and has requested a rezone of 5.9 acres of land from the C-N (Neighborhood Business) zoning district to the C-C (Community Business) zoning district, (Municipal Code of the City of Meridian); and 1.10 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Owner/DeveloperPropertywill bedeveloped and what improvements will be made; and 1.1 l WHEREAS, record of the proceedings for the requested rezoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.12 WHEREAS, City Council, on the 12'~ day of October, 2010, adopted those certain Findings of Fact, Conclusions of Law and Decision & Order, set forth in Exhibit C, which are attached hereto and by this reference incorporated herein as if set forth in full (the "Findings'; and 1.13 WHEREAS, the Findings require the Owner and OwnerlDeveloper to enter into a development agreement before the City Council takes final action on and the rezoning designation; and DEVELOPMENT AGREEMENT -FAST EDDY'S TEN MII.E STATION (RZ 10-001) PAGE 2 OF SO S:\Docs\ST Investments, Inc\GeneraMGR\Development Agreement (CLEAN 11-16-10).DOC 1.14 WHEREAS, Owner and Owner/Developerdeem it to be intheir best interest to be able to enter into this Agreement and acknowledge that this Agreement was entered into voluntarily and at their urging and requests; and 1.15 WHEREAS, City requires the Owner and Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3, DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER: means and refers to Truce, LLC, whose address is 3313 W. Cherry Lane, Meridian, ID 83642, the party that owns the Owner Property and shall include any subsequent owner(s) of the Owner Property. 3.3 OWNER/DEVELOPER: means and refers to ST Investments, Inc., whose address is 770 W. Ustick Road, Meridian, ID 83642, the party DEVELOPMENT AGREEMENT -FAST EDDY'S TEN MILE STATION (RZ 10-001) PAGE 3 OF 50 S:\Docs\ST Investments, Inc\General\AGR\Development Agreement (CLEAN 11-16-10).DOC that owns and isdevelopingthe Owner/Developer Property and shall include any subsequent owner(s) or developer(s) of the Owner/Developer Property. 3.4 PROPERTY: means and refers to that certain parcel(s) of real property located in the County of Ada, City of Meridian as described in Exhibit A and Exhibit B describing the parcels to be rezone of 5.9 acres of land from the C N (Neighborhood Business) zoning district to the C-C (Community Business) zoning district, attached hereto and by this reference incorporated herein as if set forth at length. 4, USES PERNIITTED BY TffiS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2B. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner and Owner/Developer shall develop the Property in accordance with the following special conditions: 1. Future construction and development of the Property shall comply with the standards listed in UDC 11-3A-19 and the objectives and guidelines of the Meridian Design Manual in effect at the time of development. 2. Certificate of Zoning Compliance and Administrative Design Review applications are required to be submitted to the Planning Department for approval of all future buildings/uses on the site, prior to issuance of building permits. 3. Development of the Property shall comply with the C-C standards listed in UDC 11-2B-3. The uses allowed pursuant to this agreement are those uses allowed in the C-C zoning district listed in UDC Table 11-2B-2 except for the following: drinking establishments, minor vehicle repair, equipment rental, sales and service, wireless communication facility and vehicle sales and rentals. 4. All future development of the Property shall comply with City of Meridian ordinances in effect at the time of development. DEVELOPMENT AGREEMENT - FwsT EDDY'S TEN MILE STATION (RZ 10-001) PAGE 4 OF 50 S:\Docs\ST Investments, Inc\GenersMGR\Development Agreement (CLEAN 11-16-10).DOC 5. The owner of the Owner Property and the owner of the Owner/Developer Property, as the case maybe, shall be responsible for all costs associated with sewer and water service installation for each such portion of the property. 6. Development of the Owner/Developer Property shall comply with the site plan, the elevations and the landscape plan attached in Exhibit A of the Findings, as amended herein, and with the requirements of this Agreement. Certificate of Zoning Compliance application is required to be submitted to the planning Department for approval prior to issuance of a building permit. 7. Prior to commencing development on the Owner Property, Owner shall modify this Agreement and attach a new concept plan depicting future development of the Owner Property. The future concept plan shall be compatible with the development proposed for the Owner/Developer Property. 6, COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be ternunated, and the zoning designation reversed, upon an uncured material default of the Owner/Developer or Owner's/Developer's heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this Agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner or Owner/Developer's default of this Agreement, as the case may be, Owner or Owner/Developershallhavethlrty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. DEVELOPMENT AGREEMENT -FAST EDDY'S TEN MILE STATION (RZ 10-001) PAGE S OF 50 S:\Docs\ST Investments, Inc\General\AGR\Development Agreement (CLEAN 11-16-10~DOC 7.3 Remedies. In the event of default by Owner or Owner/Developer that is not cured after notice as described in Section 7.2, Owner or Owner/Developer, as the case may be, shall be deemed to have consented to modification of this Agreement and de-annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code § § 67-6509 and 67-6511. Owner and Owner/Developer reserve all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Idaho Fourth Judicial District Court in Ada County by City, Owner or Owner/Developer, or byany successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by Owner, OwnerlDeveloper or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner or Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner and/or Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. DEFAULT: 9.1 In the event Owner or Owner/Developer, or Owner's or Owner's/Developer'shefrs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the DEVELOPMENT AGREEMENT - F.~sz' EnnY's TEx MII.E STA7TON (RZ 10-001) PAGE 6 OF SO S:\Docs\ST Investments, Inc\General\AGR1Development Agreement (CLEAN i1-16-10~DOC Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance and the Provisions of this Agreement. 9.2 A waiver by City of any default by Owner or Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 10, REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of toe Owner~and Owner's/Developer's cost, and submit proof of such recording Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and Zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by City, Owner or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybe sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 Subject to Sections 6 and 7 of this Agreement, in the event of an uncured material breach of this Agreement, the parties agree that City, Owner and Owner/Developer shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be reasonably necessary to complete the curing of the same with diligence and continuity. DEVELOPMENT AGREEMENT - FAST EnnY's TEN Mu.E STATION (RZ 10-001) PAGE 7 OF SO S:\Docs\ST Investments, Inc\GeneraMGR\Development Agreement (CLEAN 11-16-10).DOC 12.2 In the event the performance of any covenant to be performed hereunder by Owner, Owner/Developer or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 11-5-C, to insure that installation of the improvements, which the Owner or Owner/Developer agrees to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner and Owner/Developer agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Owner or Owner/Developer, as the case may be, have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Owner and Owner/Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CTI'Y: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 OWNER/DEVELOPER: ST Investments, Inc. 770 W. Ustick Road Meridian, ID 83642 DEVELOPMENT AGREEMENT -FAST EDDY'S TEx MILE STATION (RZ 10-001) PAGE 8 OF SO S:\Docs\ST Investments, Inc\General\AGR\Development Agreement (CLEAN 11-16-10).DOC with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 OWNER: Truce, LLC 3313 W. Cherry Lane Meridian, ID 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the r~uirements of this section. 1'7, ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 1 g, ~ TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Ownerand Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner or Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner or Owner/Developer has fully performed its obligations under this Agreement. 20, IlWALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from DEVELOPMENT AGREEMENT - FAST EnnY°s TEN Mn,E STATION (RZ 10.001) PAGE 9 OF SO S:\Docs\ST Investments, Inc\General\AGR\Development Agreement (CLEAN 11-16-10).DOC this Agreement and the invalidity thereof shall not affect aay of the other provisions contained herein. Z1. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner, Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner, Owner/Developer and/or City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the usesand/or conditions governing re-zoning of the subj ect Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT -FAST EDDY'S Tyr Mn.E STATION (RZ 10-001) PAGE 10 OF 50 S:~Docs1ST Investment, InclGeneraMGR~Development Agreement (CLEAN 11-16-10).DOC ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. By: CHID, Inc., Managing Member By: Douglas T. Campbell, President By: ST INVESTMENTS, INC. Steve Eddy, President CITY OF MERIDIAN By: ..~'~ Mayor T y de Weerd ATTEST: \`~~~~~~~,-~- ~-----,,, ~ o~°~rF ~ Jaycee olman, City Clerk = ~+ AL '9~ ~~~ ,,~~~/q COUMIY , `~Q.`~~~. ~~'~~~-r--it n~~~~~~~`~ DEVELOPMENT AGREEMENT - F.~sr EDDY'S TEN MII,E STATION (RZ 10-001) PAGE 11 OF 50 S:\Docs1ST Investments, Inc\GeneraMGR\Development Agreement (CLEAN 11-16-10).DOC STATE OF IDAHO, ) ): ss County of ;_i-4+~.~, ) On this ~_ day of , 2010, before me, a Notary Public in and for said State, personally appeared Douglas T. Campbell, President of CMD, Inc., Managing Member of Truce, LLC, on behalf of Truce, LLC, known or identified to me to be the person who executed this agreement and acknowledged to me that he executed the same on behalf of said limited liability corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the d~aad year in this certificate first above written. (SEAL ~t'~R} (SEAL ~ ~y~~,~C O •~ o~ t9 STATE OF IDAHO, ) JJ ): ss County of ? ) otary Public for Idaho My Commission Expires: On this _~ day of ~~2010, before me, a Notary Public in and for said State, personally appeared Steve Eddy, the President of ST Investments, Inc., on behalf of ST Investments, Inc. known or identified to me to be the person who executed this agreement and acknowledged to me that he executed the same on behalf of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~~A a ~~ ~''~~r •f~ ~v~V~G O ''~1i.~ OF ~~ i~vuuy ruvuc for icaa[ty t My Commission Expires: DEVELOPMENT AGREEMENT - FAST EnnY's TFa~1 Ma.E STATION (RZ 10-001) PAGE 12 OF 50 S:\Docs\ST Investments, Inc\GeneraMGRlDevelopment Agreement (CLEAN 11-16-10).DOC STATE OF IDAHO ) ss County of Ada ) On this ~.3 day of ~1 Qye~,r htar-- , 2010, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. •....... .•1CA Jp~.. •5 (SEAL). ~ /,~cy~,'~ti~T AR~,~'~.~ . . ,. ,• ;. • •' •...• N Public for I o Commission expires• J o~ an 1 ~{ DEVELOPMENT AGREEMENT -FAST EDDY'S TEN MILE STATION (RZ 10-001) PAGE 13 OF 50 S:\Does\ST Investments, Inc\General\AGR\Devetopment Agreement (CLEAN 11-16-10).DOC E~:HIBIT A DEVELOPMENT AGREEMENT - FAST EnnY's TEN MILE STATION (RZ 10-001) -EXHIBIT A S:\Docs\ST Investments, Inc\General\AGR\Development Agreement (CLEAN 11-16-10).DOC EIKBIBIT A Legg Description of Trnce Lots Parcel l end Parcxl2 a~f Record of Survey No. 8823 recoi,dod August 5, 2010, as Insqumcmt No. 110072431, records of Ada County, Idaho, and more particularly descn'bed as follows: Parrcl l: A parcel of land being s portion of lot 7, Block 1, The Cotstyards at Ten Mib Subdivlelon bcabed !n the Northwest 1i4 of the Southwest 1/4 of Sectlon 11. Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idehq described as follows: BASIS OF BEARINGS: The West pre of the Southwest U4 of Section 11, Tovmship 3 North, Range 1 Wesf, Boise Meridbn, derived from found monuments and taken as South 00.42'44' West with the distance between monumonts found to be 2646.35 feM. Commendng at the Northwest corner of the Nortl>west 1/4 of the Southwest 1/4 of Sectlon 11, T. 3 N., R 1 W , therx:e South 45'27'09" Fiat a distance ~ 101.62 }het to the Northwest corner of Lot T, Block 1, the Point of Beginning; thence South 89'2x'02" East a distance of 174.27 feet; thence North 00.41'42" East a distance of 26.95 feet to the Soutls Right of Way of W. Pine Avenue; ihence along said South Right of Way, North 88'60'00" East a distance of 20,01 feet; thence leaving said South Right of Way, South 00'41'42" West a distance of 282.66 feet; thence North 89'1T 15" West a distance of 219.57 feet bo the Fast Right of Way of N. Ten Mlle Road; thence along said East Right of Way, North 00.42'45" East a dbtance of 40.00 feel; Urenoe North 00411'42' t odistan~ of 194~921fee be q~ietPotnt o~ Be~lnnln~g.~ Said Parcel containing 47,210 square feet or 1.08 acres, more or bss and b subj~t to all erdstMg easemsrrts and rights-of--ways of record or 1mpRed. EXH>B1T A S:\Docs1ST Investments, Inc\General\AGR\Development Agreement (CLEAN 11-16-10).DOC Paroe! 2: A Perrel of lend tretng a porfton of Lots 4, 5 and 7, Block 1, The Courtyards at Ten Mqe 3ubdhAsion boated in the Northwest 114 of the Southwest 1/4 of Section 11, Township 3 North, Range 1 West, Bot:e Meridian, City of Meridian. Ada County, Idaho, described as foibws: BASIS OF BFARINQS: The Wean line of the Soutltwest 114 of Section 11, Township 3 North, Range 1 West, Boise Maidlan, dedvsd from found monuments and taken as South 00.42'44" West with the distance be1N-een mornrmertts found to be 2946.35 feet. Commendng at the Northwest comer of the Northwest 1/4 of the Southwest 1/4 of Sectbn 11, T. 3 N., R.1 W., thence South 80.14'50" East a distance of 270.86 feet to a point on the North tine of Lot 7, Btodc 1, and the south Right of way dne of W. Pine Avenue, fife Point of Beginning; ~~ ~9 acid South Me North 88.50'00" East a distance of20.01 feet; thence leaving aid South Una South 00.41'42" West a distance of 28.26 feet; thence South 89.18'18" Fist a distance of 144.02 feet b the West Right of Way of N. Gray Cbud Way; therx:e along said West Right of Way of N. Gray Cbud Way the folbwing courses: thence South 00.41'42" West a distance of 37.66 feet; therxs along a curve to the left, with a radius of 62.00 feet, a central angle of 19.18'32", an arc 27 ~ X7.59 feet, wkh a chord t~rtng of South 08.66'34" East and a chord distance of thence from a tangent which bears South 09'16'14" West, along a curve t0 the left, with a radius of 32.00 feet, a central angle of 34 00'22", an arc length of 18.99 fast, with a chord bearirp of South 07.43'Sr East and a chord distance of 18.72 feet; thence South 24.44'08" East a distance of 16.00 feet; pth ~ 1~8g26 feet, with aeq:or,d bearing of South~917'09eEast andalchord dietanoa of arc 18.08 feet; ' hence from a tangent whbh bears South 09.41'02" East, along a curve to the right with a adios of 28.00 feet, a central angle of 10.22'44", an arc ler~th of 6.07 feet, wNh a chord rearing of South 04.29'40" l=ast and a chord distance of 5.07 feet; hence South 00.41'42" West a distance of 84.96 feet; hence leaving said West Right of Way, North 89.18'18" West a distance of 189.02 feet; fence North 00.41'42" Fast a distance of 227.80 feet to the Point of Beginning. Paroet containing 38,131 square feet or 0.83 acres, more or Isss and is sut~jec4 to aq ng easements andrights-of-ways of record or 1mpHed. TOGETHER WITS: Lots 2 sad 3 in Block 1 of THE COURTYARDS AT TEN MILE SUBDMSION, according to the plat thereof, Sled in Book 89 of Plats at Pages 10414 through 10416, Records of Ada County, Idaho. FJtFiiBIT A S:\Docs\ST Investments, Inc\GeneralWGR\Development Agreement (CLEAN 11-16-10).DOC E~:HIBIT B DEVELOPMENT AGREEMENT - FAST EnnY's TEN MILE STATION (RZ 10-001) - EXFIIBIT B S:\Docs\ST Investments, Inc\General\AGR\Development Agreement (CLEAN 11-16-10).DOC EJ+~1T B Legal Descdptlon of STI Lob Patrxl3 of Record of Survey No. 8823 recorded August 5, 2010, as Instrument No. 1 1 007243 1, records of Ada County, Idaho, and more particularly described as follows: Yarcxl 3: A parcel of land bekrg a portbn of Lots 5 and 7, t3locic 1, The Courtyards st Ten A181e SubdNision located in the Northwest 1/4 of the Southwest 114 of Section 11, Township 3 North, Range 1 West, Boise Meridian, Clty of Meridian, Ada County, Idaho, des<xf0ed as follows: BASIS OF BEARINGS: The West Ik1e ~ the southvrest 1/4 of Section 11, TownsNp 3 North, Range 1 West, Boise Meridian, derived from found monuments and taken as South 00'42'44" West with the distance between monuments found b be 2646.35 feet. Comrnencing at the Northwest corner of the Northwest 114 of the Southwest 1!4 of Section 11, T. 3 N., R. 7 W., thence South 08'84'38" East a distance of 553.18 teat to the 3outlnMest comer of I.ot 7, Biodc 1, the Point of Bvglnning; thence North 00.41`42" East a distance of 243.04 fast; thence South 89.17'15" Gast a distance of 194.27 feet; thence North 00.41'47' East a distance of 35.08 feet; (hence South 89.18'i8• East a distance of 188.02 feet to the Wit Right of Way of N. Gray cloud way; thence along seta west R~ht of way, south 00.41'42" west a distance of 107. oo feet; thence oon8rx4rrg along said West Right of Way, from a tangent which bears Soub 00.52'04" West, along a rive to the right, with a radius of 53.00 feet, a central angle of 54.41'02", an err; length of 50.66 feet, with a chord gearing of South 28.12'36" west and a c~rord dlstsnce of 48.89 feet to the Northwesterly R~ht of Way of W. Trsva Drive; thence abng said NorthMestery Right of Way the foUovWng courses: thence South 66.33'OT West s distarx:e of 80.45 feet; thence from a tangent whk;h freers South 88'00'48" Wsst, along a curve to the IeR, with a radpJS of 32.00 feet, a central angle of 32.27'39", an arc length of 18.13 feet, with a chord bsaMng of South 71.48'57" West and a chord distance of 17.88 feet; thence South 56'33b7' West a distance of 16.00 feet; thence along a curve to the left, with a radius of 32.E feet, a cerrbal angle of 32'27'39", an aro length of 16.13 feet, w8h a chord bearing of South 39°19'18" West and a chord distance of 17.89 feet; thence South 55°33'07" West a distance of 54.56 feet; thence ~ q,sYe tD~ Right of Way, North 34'28'63" West a distance of 12.00 fast; rag left, with a radws of 5.00 feet, a certtrai angle of 90'00'00", an era nth of 7.85 feet, with a chord bearing of North 796'63° Weat and a chord distevtce of 7.07 thence South 55.33'07' West a dlatarrce of 20.29 feet; thence along a curare to the right, w8h a ra~us of 20.00 feet, a central angle of 35.08'35', an aro tergth of 122? feat, w8h s chord bearing of South 73.07'25" West and a chord distance of 1208 feet; thence North 89.18'18" West a distance ~ 104.75 feet; ength of11178 feet, wl8r a ord bearing of South 45.49 42" West and a chord distance of 10.61 feet; FJtI~~TT 8 S:~Docs1ST investments, InclGeneral~AGR~Development Agreement (CLEAN 11-16-10).DOC thence South 00'41'42" West a distance of 9.36 feet b the Norq~t ~~ ofllVay of s~ W Treva Drive; ~~ continuing ~0 said North Right of 1Nay, North 89.16'18" West a distance of Sb 00 feet b the Point of BeBJnning. Said t~cef containb9 x.177 square feet or 1.89 acres, more or bss and is subject to a>I e~isiktg ~aernents and riahts-0f-ways ~ recor+d or tmpiled. TOGETHER WITS: Lots l and 6 in Block 1 of THE COURTYARDS AT TEN MII,E SUBDMSiON, according m the plat tberao> filed in Book 89 of Plats at Pages 10414 through 10416, Records of Ada County, Idaho. EXf~IT 8 S:~Docs1ST Investments, InclGeneral~AGR~Devetopment Agreement (CLEAN 11-16-10).DOC E~:HIBIT C DEVELOPMENT AGREEMENT -FAST EDDY'S TEN MII.E STATTON (RZ 10-001) - EXIT C S:1Docs\ST Investments, Inc\GeneralWGR\Development Agreement (CLEAN 11-16.10).DOC CITY OF MERIDIAN ~ ~~~ FINDINGS OF FACT, CONCLUSIONS OF LAW AND I DA H O DECLSION & ORDER Ts the Matter of the Request to Rezone of 590 Acres from C N (Ndghborhood Bas~iaas) to C-C (CommmrN.y Bnsinea) Zoning DLtrict; Condidaaal Use Permit and Design Rrvkw for a Feet Sale: Facttity, Convenience Store wbh a Drive-throngb and a Vehicle Washing FdUty on spprosinutely 1.89 Acres h a proposal C-C Zoning Dhtrkt, 6y ST Invatmett:. Case No(e). RZ-10-001, CUP 10-007, snd DES-10.032 For the City Council Hearing Date of: September Z8, 2010 (Fledh~ on the October 12, 2010 Ciity- Council agexda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 28, ZOl O, incorporated by reference) 2. Process Facts (see attached StaffReport for the hearing date of September 28, 2010, incorporated by reference) 3. Application sad Property Facts (see attached Staff Report for the hearing date of Se~embar 28, 2010, incorporated by refeaenos) 4. ReQuired Findia$s per the Unified Development Code (see attached StaffReport for the hearing date of September 28, 2010, incorporated by reference) B. Conclusions of Law 1. The City of Meridisa shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975,"codified at Chapter b5, Title 67, Idaho Coda (I.C. ~G7-b503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title i 1 Meridian City Cody and all current zonigg maps thereof The City of Meridian has, by ordinance, established the Impact Area and the Amended Comp-rehmsive Plaa of the City of Meridian, which was adopted August b, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Counal pursuant to Meridiatl City Code ¢ 11-SA. CITY OF MERIDIAN FINDINGS of FACT, CoNCUIS[ONS OF LAW AND DECISION ~ ORDER CASE NO(S~ RL-10-001; CtJP•10-007, and DES-10-032 -1- S:1Docs1ST Investmarts, InclGeneralWGRlDevelopmart Agreement (CLEAN 11-16-10).DOC 4. Dne camsida~ioa has been givea~ to the oommeat(s) received fro®the,ov subdivisiaats providing services in the City of Meridian plannigg jurisdiction. S. It is iiotmd public faalities sod serviols t~egtrired by the proposed develop~at will not impose arpemse upon the public if the attached oonditioos of approval are imposed. 6. That the City has granted an order of approval is acoordsnoe with this Dedsiou, which ahail bo signed by the Mayor and City Clerk and thear s copy served by the C1edc upon the applk~ the Planning Department, the Public Wanks DaQm trnent sect any aff~ted PAY ~~8 notice 7. That this approve! is subject m the Legal Deacxfptic-n, Site Plan, Lie Plan, ~~g Elevations, Davelopmnent Agreement, and the Conditions ofAppaovai all is the attached Staff Report for the hearing date of September 28, ?A10, iacorporatod by referieace. The ooaditiorts are concluded to be reasonable and the applicant shall meet such-wits as a condition of approval of the application. C. Decision and Older Pnrsuaat to the City Council's authority as provided is Meridian City Code ~ 11-SA and ordes+ed ~1he above and foregoing Findings of Fact which are her+aia adopted, it is hereby i. The Applicant's Rexoae request, as Cvidenced by having submitted fhe legal descxiption and exhibit map, stanxped and dated July 22, 2010, by Dania Holrbey, PLS, inducted in the attached Staff Report for the hearing date of September 28, 2010 iacorpoeabed by i+eferaaex, is hereby oondidonaIly appmvod. 2. A Development Agroameat is regrured with approval of the atsbject Rezone applie~ioer and shat! inducts the pmvisians noted is the attached Staff Report for the hearing date of September 28, 2010 incorporated by refurace. 3. The Applicant's Conditional Uae Permit request as evidenced by haviztg submitted the Site Play (dated 7/22/10), Landscape Play (dated 7/19/2010), and Bu7ding Elevations iaclueied in the attached Staff Report for the hearing date of Sepbe~mba 28, 2010, is hexeby conditionally approved. 4. The site specific and standard conditions of approval era as shown in the attached Staff Report for the hearing date of Sept~ceaber 28, ?A10, incorporated by refct+emoe. D. Notice of Applicable Time Limits Notice of Eiglrtean (16) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a .maximum period of exgbtexa (16) months unless otherwise approved by the City. CITY OF t~R1DIAN PIIdD1NOS OF FACT, OONCWSIONS OF LAW AND D13QSION ~ ORDFR CASE NO(S~ RZ10-0Or;OUP-10.007. e+od DES•10-032 -~- S:\Docs\ST Investments, Inc\General\AGR\Development Agreement (CLEAN 11-16-10).DOC During this time, the applicant shall continence the use as permitted in aoaord with the oo~itions of approval, satisfy the requir+emarts set forth in the conditioner of approval end acquire building permits and cornmeacx construction of pearnnaneat foo~tinga or strucxtu+es on or in the ground. Far 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 m the first phase. In the event that the development is made in successive contiguous segments or multiple Phases, such phases stall be cons4ructed withiun succeasive iatavals 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 mill and void. Upon written request and filed by the applicant prior`to the termination of the period in accord with 11-SB-6.Q.1, the Director may authorize a single pcte~ion of the time to eommaux 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 may be granted. With all extensions, the Director or Commission may require the conditional use comply with the catirent provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant m Idaho Code 67-8003, a denial of s plat or conditional use permit entities 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 deasion concaving the matter at issue. A request for a regulatory takings analysis will toll the'time period within which a Petition for Judicial Review may be filed. 2. Plwe take notion that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 as affected person being a person who has as interest is real property which may be adverady affected by the issnaace or denial of the conditional use permit approval may withintwenty-eiglrt (28) days after the date of this decision sad order sedc a judicial review as provided by chapter 52, Titter 67, Idaho code. F. Attached: Staff Report for the hearing date of September 28, 2010. C[1Y OF MERIDIANI FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION do ORDER CASE NO(S} RZ-10-001; CUP-10-007, god D8S-10-032 -3- S:\Docs\ST Investmarts, Inc\GeneralWGRlDevelopmart Agreement (CLEAN 11-16-I O).DOC By action of the City Council at its regular mectiag hdd on the ,_~1.~~day of ~. , 2010. COUNCII. MEMBER DAVID ZAREMBA VOTED _I .U~ COUNCIL MEMBER BRAD HOAGLUN VOTED f ~1 Q~ COUNCII. MEMBER CHARLIE ROUNTREE VOTED_V~.O~ COUNCIL MEMBER KErrx BnzD VOT®~ MAYOR TAMMY de WEERD VOTED (TIE BREAKER) ~! ..lPl Mamn~ de Weerd Attest: olmaa~ City Clerk Copy servod upon Applicant, The Attorney. ~y D~ a,~ $~ Public Works. Depsrtanent and City B Dated: 10 - l of - .~ 1 C~ 1 ce CfIY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION dt ORDER CASE NO(S). R7r10-0Ol; CUP-10.007, and DFS-IO-032 -4- S:\Docs\ST Investments, Inc\General\AGR\Developmart Agreement (CLEAN 11-16-10).DOC STAFF REPORT ~: TO: FROM: September 28, 2010 Msyor and City Catmcil Bill Parsams, Associate Lily Planner (208) 8845533 ~~i~E IDIAN IDAHO RZ-10-001, CUP-10.007 dt DES-10-032 -Fast Eddy's Tea Mile Station 1. SU1Vl1YIARY DESC>Et~TION OF APPLICANT'S REQUEST Tha Applicant, ST Iaveatio~ents, has applied to rezone (RZ) 5.90 acres of land is the Conrtysrd at Tea Mik Subdivisical li+am the C~+l (Neighborhood Busirleas District) zoning district to the C C (Commrmity Business District) zoning district. Tha snbjxt re.zoane includes three rcial lots. Cotxaurmtly (per dbe rioonnded developmart agr~anau), tl~ applicant is requesting Corditioml Use Permit (CUP) and Design Revievi (DES) spprvval to dev~eiop the site with a fuel sales facility, a 6,287 square foot convenience stare with adrive-through and a 3,495 square Soot vdlicle washing facility on 1.89 acres. 2. 3tJt1~AIA1E<Y RSCOM1Yl~NDATION Staff mcomrt>eada approval of the proposed devdopmeat with the conditions listed in Exhrbh B, based a~n the Fiadiaga of Fact and Conclusions o+f Law is Exhibit D. ~. Fast Eddy's Ten Mile Sueian PAtIE I S:\Docs\ST Investments, Inc\General\AGR\Development Agreement (CLEAN 11-16-10).DOC z ~ ire 3. PROPOSB~D MOTION Approval After coaddering all atsll: applicant sad public testimony, I move m approve File Nasnabecs RZ•10- 001,CUP-10.007 and DFS-10-032 as praea<ed is staffs~eport For the bearing dsxe of Septeid~er 2g, 2010 with the following modiftc~ioas: (Add nay proposed ~oaodificatioa>:.) Deaisl Alter ~ all staff. applicsnt and public te~omgr, I trove to dewy File Numbers RFr10- 001, CUP 10-007 aM DES-lo-032 as presented in staff mporc for the hating date of S 28, 2010 for the following reasons: (You should state spxi6c r+ason(s) for denial of the' CUP.) Coatioasaooe I move m date File Numbers RZ-10-001,, CUP 10-007 and Dffi-10-032 to the hearing date. of (insert card bearing date here) fur the following reason(s): (You shonid ~ specific t+eason(s) for coma.) 4. APPLICATION AND PROPERTY FACTS A. Site AddresdLocatioa: The subject pa+apeity is located on the southeast corner of N. Tea Mile Road and W. Pine Avenue, is the southwest's of Section l 1, Township 3 Naa1h, Range 1 West. B. Oa+nas: Truce, LLC 3313 W. Assay Lace Meridian, ID 83642 C. Applicant ST lnvesimeats 770 W. Ustick Road Meridian, ID 83646 ST Investments 77o w. us~~ Road Meridian, ID 83646 D. Applicant's Stdemeat/Justifica<tion: Please see applicant's narrative for this iafoaaaeeion. S. PROCESS FACTS a The subj ect applications is for a rctone and a conditional ~ peranit. A public hearing is squired before the Planning dt Zoning Commission and City Council on this matter, ceosisseat with Meridian City unified Devetopmeffi Code Title 11, Chapter s. b. Newspaper notifications published on: July 26, 2010 (Commission); l~oslter 13 asid ZQ c. Radius notices mailed to pavperties within 300 feet on: July 22, 2010 (Commission); 2.2010 (Gifu Cornett) d. Applicant posted notice on site by: August S, 2010 (Commission); Sea-~ember g. 2010 (City S4]1~Q ti. LAND USE a Essidiag Land Use(s): The subjxt site consists of three commercial Iota. The soirthera lot is proposed for develop at this Lima A residential stnuxure exists on the dte and will be rmrsoved P: > dy's Tm Mlla Station PAtE 2 S:~Docs~ST Investments, InctGeneralWGR~Development Agreement (CLEAN 11-16-10).DOC for the development of the tbei sales facility. The ranaiAinY lots will be developed at a iirdn+e data. Improvammt: to Ten Mile Road and Pine Avernus sdjaceat to the site aoe currently wader oonalructioa~. b. Description of t2taracter of Surroutnding Area sad Adjaot~t Land Urea sad Zoning: There are extating multifamily developments along the north and east botmdaries of this area. The popeaty to the west ie cxasently developed with rural resldenceue however; Ruttu+e mixed use devdopmeat could oaau based on the City's Future Land Use Map. The property to the south is developed with a church au~d is zoned limited office. 1. North: Vacant Commaectisl Property and Multi-family Residential; mead L-0 and R 15 Z. East: Single Family Residential; coned R 15 3. South Chw+ch; zoned L-0 4. bleat: Rursl Residential; mncd RUT a History of Previous. Acuona: • la 2003, this paoparty was annexed erd coned (AZ-03-009) R-15 sad GN and parelimiaatily platted (PP-03-010) with 31 building lots a~od 5 otbea Iota on 11 sera of Lad as part of The Courtyaz+ds at Ten Mile Subdivision. A development agreement (last. No. 103184142) was recorded at the time of annexation. A Conditional Use Peumit for a PLnned Development (CUP-03-020) was also appivved that allowed 6or r+oduead lot sizes, reduced frontage regtuit+eaneots, reduced sdbacks, reducod bonne sizes, cal-de-aac length, and to allow residential logs above retail buildings. • A final plat (FP-03-064) for The Courtyards at Tm Mile Subdivision including the subject property was approved is 2003 for 28 multi-funnily residential attached building lots, 3 officdoonnma~cial lots, and 10 oommoa lots on 11 acu+es of Lad is t!~e R 15 sad G N zoning districts. • A prape~tty boundety adjustment (PBA 10-006) for Lots 4, 5 and 7, Hloclc I, of The Courtyards at Ten Mile Subdivision was approved by the Diroctor on Juno 21, 2010. • A vacation application (VAG10-005) for Lots 4, 5 and 7, Block 1, of The Cowtyatda at Tea Mule Subdivision was improved by City Council that vacs<ted acxxsa/atility easeraents. New acaess/utility easeiaents have been rocoaded to servicx the proposed devdopmmt. d. Utilities: 1. Pnblic works: Location of uKwer: N C3ray Cloud Way Location of water: N Gray Cloud Way ~t W Treva Driver Isaacs or coaams: Secondary Water Com~tioa or looped water system say be seceded for 8t+e iliDw regdr+emeab. e. Physical Features: 1. CautttlslDitchea Irrigation: No major facilities. 2. Hazards: Staff i$ sot aware of an3- hazards that exist oa the property. 3. Flood PLin: NA 4. Topogiaphy: NA f. Access: Acoesa to the site was granted with approval of the Courtyards at Tea Mile Subdivision Feet Eddy's Tm Mils Stetloa p~ g S:\Docs\ST Investments, Inc\General\AGR\Development Agreement (CLEAN 11-16-ZO).DOC (see aedion 9 for fiuther arralyais). 7. COMPHSHE1~TSlNE PLAN POLICIES AND GOAL5 The subject property is designated sa `~-+tizod Use Commamity (MU-C)" oa the Compnl>~ive P1aa)!lrtuae Lend Use Map. "Geaaally, the mbcod use designation will provide fora' a oombiastioa of compatible land uses that are typically developed tinder a master or ooaeeptual site plan. The purpose of this designation is to ideatifjr lacy arms which are either ia811 in nattue or aitnatod is highly visr'ble or transitiamiag cress of the city whore innovative sad fleubk design opportunities arc enornuaged. The iatmt of this designation is to offer the davcloper a greater degree of deai~n sad use`flezrbility." The intent of the MU-C designation is to allow up to 2S ecxes of pan-ceside~iat uses, up to 200,000 square feat of son-reeideatiai b area, sad residemial deaaities of 3 to 1S unit: per acre. This cate$esy includes trees such sa grocery stoma, drug stops. ooffedaandwich shops, dry t, profeasianal offices, retaiUgiB shops, g ~ tia~ , restataanta, barb, d!rlwo-tibrongt frrciSdat, sate servlae adrtioes, dopsrt>neat stogies, modical/dental clinics, aclrools, parks, chins, public uses, clubhouses, hat+dware stoners, salons sad daycares. The subject property was acigiaally approved as a minced use developntesrt, zoaod R-15 and C N. The R 1Szonedpropertydevelopedwithmulti-family reaideatial. The comnnescial portion was appr+ovai with a ooacepttral plan that depicted a final station, a bank sad multE-teaoent retail with r+eaidartial above. The epplicaat is proposing to rzmne the property GC (Comaormity Business District) sad develop the southern half (one comaur+cial lot) of the site with multiple uses (fuel asks, waveniesi<x store and vehicle washing facility) consiatart with MU-C designation. Due to the lack of:crvicxs is this area of Meridian, Staff believes the proposed devdopareat is an ideal location to save area residents. Thus, Staff finds the Proposed devdopmeat sad the requested zone clsarrge oansistaat with the stated purpose,. intent, sad standards ofthe MU-C land use category in the CmiQrdtdosive Plan as described above. Staff fiords the following Comprebcnsive Plain policies to be applicable to this property sad apply to the proposed developrrmt (staff amlysi: is italics): C2rapter VII, Goal lII, Objective A, Action 1 -Require that devdopraent pr+ojocts have plaaaed for the pr+ovisioa of all public services. When the City established its Ana of City Impacl, tt planned to provide City services to the subject property. T 91e City of Meridian plmrs to provide naaridpal services to the lands in the joUowinlg manner: D Sanitary sewer and wester servk+e will be extended to the profed at the developer's expexte D lire subject lands darently lie within the jwisdiction of the 11[eridian City FYne Lkporbnent, who eurr+ently sherries resources and persorarel w~dt/r the Meridian Rural Ftrr Depardnprt D T9re subject lands currently lie within the jurisdiction of the Merid3ms Peirce ~t t~DI• D The roadways adjacent to tine subject lands are currrntly owned and nrabttained lry the Ada County Highway DisMct (ACIYDJ. This service will not change. D The sur~iect lands are currently serviced by tlFe Meridian School District No. 2. This service will not change. Feu F.ddy'rTm Mik Stales PAf3B 4 S:~Docs\ST Investments, InclGener~al~AGR~Development Agreement (CLEAN 11-16-10).DOC D The subJect lands are currently serviced by the Meridime Library DLsbiet T1ris servior will not change. Munidpal, fee supportea( services will be provJd®d b3' the Meridkrt Building DeFardn~, the Meridkn Public Works Deparbnart, the Mertdtart Water Depa-tinent, the Merldiat Wastewrtter Departtrtar~ the Meridian Planning t~ Meridiwt Utility liiRittg Services, and Salutary Services Conrpaty. • "Require appropQiate leadecape sad buffos along transportation oorr~ots (setback. vegetation, law walls, be:ma, etc.)." (Chapter VII, Goal N, Objaxiv~e D, Action 4) The applicant is regrdrnd to install and nraintaire lmtdsoaping within the stroet by8'ers loraatad along N. Ten Adilt Road W. Pine dvenue, W. Trevor Drive and N. Gray Cloud Way fn accordance with UDC 11-3~7. At this lane only the southern hay'of the site fs prepossd, f~ development. TTie submitted landscape plan corJorms to the aforr'ntentioned UDCsection. The northern ha(J'wiU Head to coarply once development is proposed for this portion ojtha site. • "Plan for a variety of commercial and tetail opportunities within the Irt~act Anea." (Chapter VII, Goal 1, Objective B) This aroa ojMeridian lacks many oonurtat:ial servtees ineludi»gjuel sales. ii'Jien Tfie Coro~tyards at Ten Mile project carts opprotAed it wrrs envislone+d that nrultfpknon-rrsi~tal uses would accompany the residential uses Sto,,B`'is of the opinion that the proposed services call! corgpknrent the existing residential uses in the area. • "Require all commercial businesses to install sad raaiatam laadscaping.° (G''hapter V, Goal III, Objective D, Action ~ to addition, to the required streetscapt buJJ'srs, the applicant is rrapoasibk jot insAalling panEirtg lot landsoapirtg and perimeter landscaaping in acoortlanoe with the un(fied development code (UDC). SYa,,B''has reviex~ed the subnriued plan and fonds the plan substantially ~rnplies with the regtdrements of the UDC. • t:hapter VI, Goal ID, Objective A, Action 11(paga 67) - Develop trans and path plan. Tale odopted Master Padrn+ays Plan prescribes a lO foot multi-use pathway a~laernt ~ the south side of Pine.lvenue. Curt,ently, the intersection ojTen Mile and Pine is under construction and includes a pathway per the nwster pathways plan. Staff also finds the following 2002 Compoel>easive Plan text policies to be applicable to this application: "Develop method:, such as cross-access agram~ts, irantage roads, to reduce the number of eairting access poiarta oa to arterial strata." (Chapter Vl; Goai II, Obj. A, #l2, page 79). The, fuel sales facility will share a conrntercial driveway with futrove btdldiitg pad sites to dye north. In 2010, stgd'processed an application to vacate the aorxxs easements on die rtioordsd plat.! new access easenert has been receded to facilitats the newlay-ord of dYe jttal sales jadliry and provide access w the parcels in abe north ha~of the site Thus, ~ Jinds tlu cross aorxss is adequately addressed for the subject property. • "Restrict caub cola sad aces points oa ...arterial streets." (Chapter VII, Goat N, Obj. D, #S, psga l OT! Fast Eddy's Tea Mr7e Statics PAt$ 3 S:~Docs1ST Investmarts, InclGeneralWGR~Development Ageement (CLEAN 11-16-10).DOC The proposed righ~in/rigkt-oat access points ro dee o~-aeent afor+~a~tloned roadK+ay: wpn rsvlewed and approved with the Caa~tyaeds at Ten 11[ik subdivision and the racbndod plat depicts the approved aonss points. 8. TJIVIFIB.D DEVigI.OP1Yl~N'P CODE A Purpose Sate.raent of Z,one: The sabjxt site is daipmted "Coiai" on the City's zooing map. The pttrpo:e of the caanmer~cial districts is to provide for the retail sad savicx needs of the camnoarnity is accaad with the Meridian Compi+eheaaivei Plan. Four disfzida are darted which differ is the size and scale of comomeiciai sductura aotxnromodated is the duct, the scale and mix of allowed comasatial uses, and the location of the disMct proximity to strxts sad highways. B. Scbodule of Use Unified Development Code: ([JDC~ Table 11-2B-2 lists the priaapal permiped, rot~ory-, conditional, and pmhibitod ttaa in the esistiag GN ztxatiag district and the proposed C-C zoning district. Both the proposed fuel sales faccillity sad vrbiale wasltiag fuilitY require ooaditional use petaait (CUP) approval as the GN zone If the subjecx rezone applicmtion is approved the proposd facilities are principal permitted uses in the proposed C-C zone. However, the reoocded develop~>< went requires CUP approval to cxanmenct the uses on the sate. C. Dimensional Standards: Development of the site sha11 comply with the dimensional standards listed is UDC 11 2B-3 for the C-C zoaiag district if the rezone roquest is ap~pro~ved. D. Landscaping 1. UDC 11-3B-8C regulates the parlriag let standards of the devdopanent code (see section 9 below for ttuther analysis). 2. UDC 11 3B-9C regulates the landscape buffers adaacent to residential Lad nsea (see section 9 blow for flrrthcr analysis). 3. Width of street buffer(s): 25 feet along Tea Mile Rod sect Pine Avenue; and 10 feet along W. Treva Drive- and N. Gray Cloud Way. E. Off-Strieet Pa~Ciag: UDC 11-3C-6B requires 1 space for every S00 square feet of grog Boor area; a total of 9.287 square Foot of building area is proposer. Based an this amount, 20 parking stall would be requirod; 27 are proposed (see secxion 9 below for further analysis). 9 ANALYSL4 a. Analysis of Facts Lading to Staff R7J Dsvelopaaeat Agrcaasent: The roquest is to rezone 5.90 acres of lead from the GN zoning district to the C~ zoning district. The proposed C-C zoning distria is consistent with the Mv-C deaigastioa. Ia 2003, the site was approved as a mixed use devdoprnmt and included a mix of resadarxiak and commer+caal uses. Presently,the resideatialportion is deNebpedwithmulti-family residaartial aaa the eommer+cial portion was approved wide a canoept plan. As part ofthat approval, the rooocdod daveloparent agreetna~t tequires detailed CUP approval for the proposed fuel sales facility. The purpose of the mixed-nse designation is to provide for a combination of ooznpatsblo load uses that are typically developed under a master err site plan. At this lima Daly the southern half (one co+aak lot) is proposed to develop. Since devdopa~2 is not proposed >;or the northern half of the site, staff believes a new ooacxpt plea should be tied to the subject pe+opaty. Staff is recommends that prior m development of the northers half of the site, the dcvetoper/owner amend the r+eoordcd dnvefopmeat (a new DA wiU be r+agrdrad widr the rezone of Fart Eddy's Ten Mile Station PAGE 6 S:\Docs\ST Investrnents, InclGeneral\AGR\Development Agreement (CLEAN 11-16-10).DOC the property) and attach a new concept plan that depict: bow the northern half of the sits may develop. Staff will be loolriog to ensure compatib>'lity betwexa the northa~a half and :wrthaa ltaif of the site. Ia addition, a transitional 2ooe cannot be providod to buffer the future comma+aal uses fmm the residential uses to the-asst. Staff is also reoarmoeudieg a DA provision that limit certain uses ar the property tD eroatg+e corrtpetibility a-ith the sramundir-g residences. ~'~Y. ~ +~ is g'm+'~ b!- as e~~8 ~ rocordod:s Ada County instrument #103184142. After resviewiag the recorded DA, a majority of the DA provision: te5a+nxx the subdivision improvements. Staff believes there is some validity to the wi:ting recorded DA however; it should apply only to the residential portion that a currently developed. Staff reooaomenda the commercial portion of the sits (taur+erifly xoaod GN) be removed fi+om the recorded DA (#103184142). Staff is of the opirrion that the wron~eccial portiar (pavpo;ed C•C portion attschod is Farhr'bit C) be subject to a sgtarataDA Staff believes the ptt~posed development for the southern portion of the property will act the standard for the remaining commercial portion of the development. With the adoption of tht UDC sad the Meridian Design Mansral, City Staff ltes better tools fes' development r+t;view. If ffie Ccanmission or Cotmal feel that additional development a provisions are r>ecxsasry, staff roooanmertds a clan outline of the commas of the developer being requirai. Staff has included the recommended DA provisions is Fathibit H). Hours of Opa anon: G~un~tly the subject property is aomod C-N and limits business btiurs of operatiar between the hours of six o'clock (6:00) A.M. sad teas o'clock (10:00) P.M. The applicant is proposing to operate From five o'clock (5:00) AM. and twelve o'clock (I2~0) AM., which is one of the reasons for seeking the r+ezo®e to C-C. If the proposed remae is granted the applicant will be able to operate the facility as proposed with the dcoeption of the vehicle washing facility. Staffis unaware of nay objectioais from the adjacent residential property owners regarding to the app~ant'a development pe+oposal. Therefore, staff is supportive of the hours of operation as Proposed. C><JP: Per the rooceded development Wit, the applicant has submitted a CUP apptcation. The site plan depicts fuel islands sad campy, a now 6,287 square foot earveaieacx norc with drive-thmugh and a 3,495 vehicle washing facility sad associated site iaoprovemetus on l.$9 acres of land. The total square footage of the proposed sbnuatues is approximately 9,782 square feet. The applicant bas included some pedestrian amenities to serve the patrons that may visit the site. Tler submitted site plan depicts a large patio area with seating benches located at the rear of the convenience store. Ia addition, the applicant has also crnnmuaicatcd to staff that the pa+opoaed planter islands located fa front of the store will be developed with patio seating for visiting patrons. Staff is supportive of the proposed site design as it paovides pedestrian amenities oo®sistent with the Meridian Design Manual With a futtae CZC application the spplicant will include more devils of the proposed patio areas in front of the afore. Drlve-ltiroagh Eatabi~iSLme~ The applicant has indicated that the propoaeddrive-tluoug& is intended to serve patrons of the carveaienoe stos+e and is not irrteaded for a restaurant ute. Per UDC 11.43-11, the following Specific Use Standards apply to the ptupoaod drivathrough use of the property as follows: A All e~ablishments providing drive-tht+ough servicx shall identify the ataciciag lane, speakea loeatioa, and window Ioc~tiar oa the pleas submitted with the Certificate of Zoning Compliance application. The stoczl~g lane, speaker location mrd window loraAton are shown on the subnriued site plwt and comply wltlr dNs require Feat Eddy's Tm Mits Staaon PAGE 7 S:\Docs\ST Investments, Inc\General\AGR\Development Agreement (CLEAN 11-16-10).DOC The ewrtatt loeatiare of the wawa bos~tid wsy poaj b~lecAr paliews wlio waset ~ nsa the outdoor sealing arra loeaovd lw d is Herr ojtis oarv~aita~s St+~ r+e+eownrewda the applicatt r+slo~s the waWt boarl av vat bepers dlrspdaafai a~errlasiore ao the rear ojdks btdi~ ThGs wsw lo~oadow of djs wsww b~ooni shy be iwclwreit ow the nevtsad alts platy wig dke srtbwitt~ ~'s CZC ag~pllaatoaa B. Stscling Ewes. shall have suffici~ capacity to preveal obstruction of the public right-of-waY by l~fs+una. The stacking lane is loauted alowg the seat side of tJre proposed oonvadence store. T 11t subodttud site plan d~n~walons the drlv+e orals width betwaew the proposed vehicle washtwgjacility and heal: of anrb jor tlu staatdwg lane at 37'6 ". The typical width for a two way driMe aisle fs 2S jeer. ~f the 1s feet is suba,uetoaifrom the 37'6' of the total width; this leaw.s 12'6' width for the stadtfi~- lane. Sta„~believ~es there fs srrgiMent staddng ~P~'.f~ ~ P^aP~ ~' tJu»ugb use. C. The stacking lane shall be a septaate lane From the cirailation laves needed far access and parking. The stacking lanes are separate from the cirnulation laves eruct roomy with this nequinpnent. D. The slacking lane shall not be located within tea feet (10~ of any residential district or gristiag residence. NA (7be proposed staging lane is not within 10' of a residartial district or residences) E. Aay steeling lase greater than oax htrndrud fed (100') is length shall pa+ovide for an escape lane. Tire proposed site plan depicts an escape lath 1?. A later 0•oan tlm Transportation Aruhority indicating the site plan is is compliance with the authority's standards and policies shall be roquired..lt~'s commentr an provided i» Exhibit B below Fad Sales FacOity: Pa UDC 11-4-3-20, there are Specsfic Use Staadar~ that apply to the proposed fuel vies facility nse of the property as follows: A. Whoa allowed as an accessory use, gasoline or diesel firel sales facr~itiea shall not ocxupy more than twenty-five per+cemt (2596) of the suksjec;t piopearty. Not gppllaable B. The total height of any ovachead canopy or weatl~ pa+otaeioa devkx shall not exeeod twedy feet (20'). The proposed canopy is gppnoxinraGely 20'6", which does not comply with this regrdrentcnr: The canopy should be redesigned to meet the requirement of the UDC. C. Vehicle stacking lanes shall be available oa the property but oat:ide the fudiag at+ea:. 5tacldng lanes shall have sufficient capacity to prevent obstruction of the public right-of-way by patrons. Such stacJdng lanes shall be sepazate from areas required far access and paling. The stachiag lamas shall not be located within tea feet (10~ of auy abutting reaideatial districts. Tire submitted site plan shows adequate stacldreg area on tht site outside of the fueliwg arras aiul does Trot abut a r~esidetrttal disbicx D. If the-use is unattended, the standards is accord with Sa~ion 11 3A 16 of this. Title shall also apply. Nor appliQable. Vehide Waa6iag FaeiWy: Pa UDC 11.43.39, there are SpeciSc Use Standards that apply to the proposed vehicle washing facility use of the property as follows: A A silo plan shall be submittal that damon:trates sate pedestrian and vehicular access and cirarlution on the site and between adjacent properties. At a mininauan, the plan shall demoastrete compliance with the following standardds: Fast Eddy's Tan Mik b'tatioa PACE to S:\Docs\ST Investments, InclGeneral\AGR\Development Agreement (CLEAN 11-16-10).DOC 1. Stac~tdng ]saes shall have snihcient capacity to pt~evrsst obstttlction of the public right of way by patsoas. Thee proposed facilin- is 1oQOted on the asst erd of the site. Tfu proposed facility is sepamAed from flee main use of the stte (jrt! sales jadlity). In addition, the propossd site will be servlasd with jour access points for patrons and p~iesMan to enter the site Therefors~ ste~beliews tlu weaal~ing jadlitl- will not obstruct the public right ojway. 2. The stacking lase shall be a separate lame from the circulation times needod for aoxss and parldag T1~eProPosed factliry hasfow bays: twn me~atod and two self-sen+ica'. njg lanes in front of the fadltty are adequate to aoaomnadate additional ,Aehictes in queue In odditton, the stacu'ng lanes do not impede vehinrlar efi+arlation thrs~e flu site 3. The stacidag lane shall not be located within ten fed (10~ of asiy rasideeetial district or adsting residence. S~addng lanes are rat !0 feet oja residential distrtc~ Tfis submitted site plan complies with thin ~~ 4. A Idter fraan the ttanspaatwon authoaity indicating the site pLo u in co~mplianc;e with the highway district standards sod policies shall be required. See section B for• flee transportation aarthorlry cornrnentr. B. within the industrial dieseicts, a vehicle washing facility shall be allowed only u as aooesaory use m a gasoline or diced ii~ai sale facility for the use by nonpaasmga vehicles. The vehicle waging facility shall be limited is capacity to a single vehicle. The intent is to discourage facilities that cater to passenger vehicles. N/A. TJu site is not zoned industrial'. tw Aa)r use that is not fully caclosed shall ba located a miniamm one lnmdred feat (100') from ffiY residential district sand shell be limited in oparatiag hoses ~ six o'clock (6:00) A.M. to dcvcn o'clock (11:00) P.M. Currrntly the pr+oposeat nesidential disdsd boeaedary is along the wtstern edge of flu subject property. The proposed fadltry is setback 13 feet from rlbe rrsidentia! disafe~ Xowe-+rr, the applicant is proposing to rrtone the properly which snows the conuner+dal boeardmy to tht centerline of the adjoirmeg roadwr:y. If flu rewne is armed fire fadlity wU! be setback fmm the residential disMct by 40 fcet. Because the facility does not comply with dee 100' setback flu applicant has proposed to enclose three of the foev bays with doors to comply with this r~equiretreerr~ It is important to note the physical separation betwieen the fupaejadlfti- and the habitable space of the ar~jaeaet residences is approafneatelS-140 fnt. T furs sta„~is serpporttw of the appliearet's rtquest to place the vehicle washing jadlity in the proposed location. Due to the praxineity of the residential district, the opp>rstons of tllee proposed jaeility shall comply with the lours ojoperation as stated above. D. If the use is unattended, the standards set forth in section 11-3A 16 of this title shell also apply. The proposed vehicle washing fadlity wiR be devdopad to ow~rrncxton with the fuel sales facility and converaaece stop. Personnel will be planed on the site to oversee the operatfon of the jadlities Meridian Pathways Master Plan: The City's Master Pathways Play has ideatiflcd this site as having the poterrtial to actmd the pathway ndwork alatlg south side of Pine Avenue. A 10-Foot wide concrete pathway was constnscted with the rooaat iatexsectiase ienpe+oveenents. Thus, staff finds the site complies with the requirarimts of the Meridian Masts Pathways Plea. Fnt Eddy's Tm Mile Statiao PAGE 9 S:\Docs\ST Investments, Inc\General\AGR\Development Agreement (CLEAN 11-16-10).DOC Sfdewakb: Tye concept plan depicts existing 7-foot wide attached sidewalks along Tea lie Road The Contprdrmsive Plan (page SS) and UDC 11-3A 17C roquirzs detached sidewalb abng all arterial streets within the City.Because'tbe existing sidewalk abng Tea M>'k Road was receady constructed with adjacent road improve7neata, now detadxd sidewalb ~ net required to be constnrc~ed at this time. The attacked sidewalks along W. Trevs Drive and N. Clrey Cloud Way was installed with the subdivision improvements. Aces:: Accra to the site was granted with approval of the Courtyards at Tan Mile Subdiviaicn. With that approval, right in/right-out access points were granted to Ten Mile Road and Pine Avenue. hn additiom, four (4) full access points were approved to W. Tr+eva Delve and N. Gczy Cloud Way. All scows points are cruranly ceded for the site. Typically, the standards outliaod in UDC 11-3A 3 would restrss~ aaxss to Tea ~ Rooad and Plne Averare. However, the proposed right idtigbt-0nt aexxss poinns to the afa~rmaioaed roadways were reviewed and approved with the CouRyard at Tm Ivir~e Subdividao. Tba t+eoorded plat depicts the granted access points. Therefore, staff is supportive of the proposed acxxss poins to the at~oimng roadways. The applicenot;s also prop~,iag to construct the internal drive aisle tint bisects the north half of the site and the south half of the site. The proposed drive aiala is meant to provide connectivity to the at~jaoerd roadways (Tea Mile Road and N. Gny Cloud Way). A potion of this drive aisle is proposed to be construrctod art the adjacent owner's property. The applicsrat needs to provide a sigaod affidavit of legal interest from the adjoining property acvner allowing the ooastruction of the drive aisle as his property with the submittal of a CZC application. Further, a teoorded cress access agroenrertt wiU be required at the lima of CZC submittal to ensure access is granted to the adjoining property owners to the north of the proposed dev~elopmmt. Parking: Pa UDC I 1-3C-6B, in commercial distriotr, one offsatid parldag apa<x is rtquit+od per 500 square fed of gross floor arcs. Bssod on the total square footage of structures oa the site (9,287 s.f.), 20 parking stalls are required; 27 spaces arz proposed on the submitted site plan. The proposed parking far the site complies with the parking requires,oeats outlined in the Ulm. Additionally, per UDC 11-3C-6G, one bicycle parking space is required to be provided fan eNery 25 vehicle spaces, in co~mpliaace with the standards listed is UDC 11 3C-SC. Sttdf h recoasmendiag tLe applicant provide sadl~ieat bike p~arldng on the skte. Emoting Strndare: The site is developed with a single family home. UDC 11.28-2 does root list detached single family homes w a conditio~oal or P~1~Y P use is the C-C xoniug district. The assisting rtaidexttial strvcdrre shall be t+emoved upon devdopnreat of the site. Site Plan: Staff has nwiewed the site plan (ps~epared by Roller Foster, LJ.C. dated 07R?l10, labeled as Shed SS1.0, included as F.ahrbit A.2) submitted with this application. The following items should to be shown on a revised site plan submitted with the Certificate of Zoning Catapliaace application: • Comply with tlu bicycle paring requureate~s stated in UDC I1-3C-bQ sad UDC 11- 3C-SC. • Provide signed affidavit of legal interest from the adjoining property owns (northaa pad site) allowing the construction of the shared drive aisle on his property with the subamt~l of a CZC applicdion. • Bobtail a recorded cross access agreement granting access to the adjoining prapatia access through the property with the submittal of a CZC applicctie~n. • Relocate the menu board as to not impede pedeahian traffic to the rear patio area. Fat Eddy's Ten Mil. Stuion t'A(iE 10 S:~Docs1ST Investments, InctGeneralWGR~Development Agreement (CLEAN l 1-16-10).DOC • Call-out patio areas adjacwt to the fora parlring atolls itr (root of the store on the nwised P~ Lsadscap~: Staff has reviewed the lauadscape Plan (prepared by Harvrat Design, dated 07/19/2010, labeled as Sheet LS-1, included as Exhibit A.3) submitted with this applicatioa. The followir~ items should to be sown on a revised landscape plan submitted with the Certificate of ~g Compliance application: • Iacluda rhea derail for the proposed patio arras located adjacent to the Erna peaking stalls is firoat of the stop on the revised landscape plan. • Construct a 25- foot wide landscape buffs adjacent to Tau Mile Road as pr+opo:od. • Cansttuet the landscape buffer along the W. Treva Dm+e sad N t3r+ey Cloud as proposed. Ter nD case shall the buffer width be redwood less than 10 feet. BntWiag Elevatbat: The Applicant has submitted building elevations with this application that are included is Exhibit A. Building materials for the coaveaiencx stone include wood shingle siding. and stucco. c~rltured stone veneer as a weiascat, sad a combination of metal and cloth awnings tad standing seam metal roofing material. The pa+opoaed building is highlighted with two tower features detailed in wood shingle siding and stained roof braclreta sad a coverod carry feature with a raised parapet for definition. The roof line of the proposed building includes detailed oornioes with an aoreat band alorAg the towrers. T7te paint scheme for the building includes two body colors sad a trim Dolor. The vehicle washing facility is proposed to be constructed of the same building materials exchrdirrg the stucco. Instead of the stucco, the applicant is proposing to use split See block cad wood shia~gle .siding as the primary building materials for the building. The roo$ag material matches du tower detail of the conveaieax sense and incorpeaatea the same stained roof btaclosta for suaiform design. For the fuel ~'pY the applicant has not fully integrated it into the design of the site. Hoa-ever the canopy does incocpor~ate the connicx detail that is used along the roof lino of the convariaxx store. The canopy includes the corporate cobra of the chevron brand which is bluer, gtry sad white. Because the applicant has done such a nice job with the design of the primary strtrcpun, staff believes this will define the proposed developmem sad sets the tone fa future development north of this site. Staff is supportive of the proposed elevations as they comply with the design standards listed is UDC 11-3A-19 sad Meridian Design Maul. The fi>tiae buildings wed on this site shall snbstuEially comply with these elevatioa4. Design Review: The proposal devdopmcnt is subject to Administrative Design )review is aocx>r+dancx with UDC 11-SB-i3. Flntha, the bu>7diagx, the site design sad the Ladscape dedgu are subject to the standards and guidelines in aocor+dance with UDC 11 3A-19 sad the Meridian Design MamraL Staff has reviewed the site design, landscape design sad elevations for c;omplimce with both the UDC standards sad Design Mermen) guidelines. Staff finds the site complies with the standards is the UDC and the guidelines contained secxian C Urban/Suburban Design Guiddiats is theMexidiaa Design Maanral. In sumaoary staff is supportive of the spplicxnt's CUP and design review with the conditions contained her+eia. To ensue that aD of the conditions of approval listed in Ex6ib4 B dre compiled wiRh nerd tike Bice plan i>s amer-ded, the r~liatsrt wW be regastrca! to obtain a CZC from the Plaea6ag Department prior to reeeiviQg a bsdbiriag permit Psrt EsWy's Tea Mile Ststian PAGE 11 S:\Docs\ST Investments, Inc\GeneraIWGR\Development Agreement (CLEAN 11-16-10).DOC ice. $~rrs a Drawings 1. vic~nin-~ 2 Site Plan 3. >t~ndsape Plan 4. Elevatia~ 8. Conditions of Appmval 1. Plamiag Depa~unt 2. Public wo~ra Departm~t 3. Fire Dcpazturmt 4. Police Dt~ertment S. Parka D 6. Sanitary Service Cony 7. Ada Cotutty ~gh~Y District C. Legal Deecriptioa and F.ulubit Map D. Regtiit+ed Findings 5rom Unified Dcvclopmwt Code Fart F.ddy'~ Tm M~7e Station PA()E 12 S:~Docs~ST Invesmieats, InciGeneralWGR~Development Agreement (CLEAN 11-16-10).DOC A. Drawings 1. vanity Map ~~~~~ •!- S:~Docs~,ST Investments, Inc~GeneralWGR~Development Agreement (CLEAN 11-16-10).DOC 2. Site plea 3 e n~ r : ..... * ~ ~` .... i ' ~ ~, ..~~ ~~~ -2- S:1Docs1ST Investments, Inc\GencralWGR\Development Agreement (CLEAN 11-16-10).DOC B. Conditions of Approval i. PLANNING D~A1t7MEN7' 1.1 RE7ANE 1.1.1 The ~ descxiption for the proposed aaratation submitted with the application (prepared as July 22, 2010, by Dale Meyers, PLS) shows the property within the existing oozposate boamdarY of the City of Meridian (see Exhibit C). 1.12 A Developsnart Agteanent (DA) will be regnired as part of the rr.aone of this propeety. Prior f4 the rezone ordinsnc~ approval, a DA shall be acxuted between the City of Mecidiany the ptope:ty oovaer{:) at the time of rr~aae ordinancx adoption, erect the developer. The ApQlicaztt s1u11 contact the City Attor>Ky's Office, 898-5506, to initiate this procxas. Said DA shall be dgaed try the property owner sect tnhuned to the City witbin one year of the city granting the rezone. t~nreatly, a fee of 5303.00 shall be paid by the applicant to the City Attorney's office prior to caeumaacement of the DA. The DA shall, at nainiamm, incorporate the folloainS pso~vtsians: 1. 1 caoabntction and developmart of the site shall camgty with the sssadatds listed is UDC 11-3A-19 and the objectives and guidelines of the Meridian Design Mam~al is effect at the tip of development. 2. Certificate of Toning Connpliaace and Adaoiniatrative D~ Review apams are required to be submittod to the Planning Department for approval of all future bM1ildiags/t~ses on the site, prior to issuance of building permits. 3. Devrlopmm2 of the subj oct property shall conoply with the C-C staadas+ds listed is UDC 11 ZB-3. The uses allowed pursuant to this amt are those uses allowed in the C-C zoning district listed in UDC Table 1128-2 accept fa the folloroving: driddig establishments, minor vehicle repair, equip~t re~1, sales sad service. wireless oomnaunication facility and vehicle sates sad rartahs. 4. All future development of the subject property shall comply with City of Meridian osdiaancea is effect at the time of devdopmeat. 5. The applicant shall be responsible for all costs associated with sewer sad water service iaatallation. 6. Development of the southern portion (parcel 3 ra~rded with ROS #8823) of the site shall comply with t>u site plan, the elevatiaos and the landscape plan sttached in Exh~it A of the staff report, as amendod heteia, and with the of the subjecx Development Agreement. Certificate of Zoning Compliance spplication is s+egceie+ed to be submitted to the Planning Department for approval prior to issuance of a bttildiag permit. ~. Prier to coacmnwcing development oa the no3than potion of the sine (pattxis 1 and 2, recorded with ROS #8$23), the devdloper/owner shall modify the development agt+eaaeat and attach a new concept pLn depidiag fisha+e development of the north portion of the site. The future coaoept plan shall be compatible with the developmkat ptnpoaod for the southern half of the situ 1.2 CONDTI'ONAL USE PERNIIT 1.2.1 The site plan, prepared by Rogers Foster, LLC dated 07/22!10, is approvod, with the condition: lied heteia The applicant shall revise the site plea as follower: • Comply with the bicycle parking t+equizemarts in acxord with UDC 11-3C-6t3 sad UDC l I-3C-SC. F~ibit B -t- S:\Docs\ST Investinarts, Inc\GeneralWGR\Development Agreement (CLEAN 11-16-10).Dt~C 7. ADA COUKIY HIGHWAY DISTRICT 7.1 The pork chop islands as shown in the applicant's site plan at N. Tea Mile Road and W. Pine Avenue shaII not be allowod. The intersection of N. Tea Mik Road and W. Pine Avetwe is curr~eotly under oonstcuctioa. As pact of that oonawctioa project, sfx-inch ooocrote mediate are to be installed on N. Tan Mile Road arxi W. Pine Avemrc. Fro®n the ktas~oa of N. Tea I-~le Road sad W. Pine Avenue the medians are to extend 26S-fat south on N. Ten Mile Road sad 255-fax east on W. Pine Avenue. The concrete medico will reatrid the driveway auto N. Tm Mile Road to a right in right-out only acxess. 72 STANDARD CONDITIONS OF APPROVAL 72.1 Any g inigatian facilities shall be relocated outside of the right-of-way. 722 Private sower os water systeans arc proiabitod fr+onn being locatod within nary ACEm roadway or right-of--way. 7.2.3 AII utility relocation costs associated with improving stmt frontages abutting the site shell be borne by the developer. 72.4 Replace any e~ust3ng damagod curb, Sutter and sidewallc and mY that maybe damaged dining the conshvetion of the proposed development. Contact Construtxioa Services at 387.6280 (with file number) for details. 72.5 Comply with the District's Tree Planter Width Policy. 7.2.6 Utility street cuts in pavement less thm five years old are not allowed uaias approved in writing by the District. Coronet the District's Utility Coordinator at 387-6288 (with file aumbaa) for details. 72.7 All design and construction shall be in accordance with the Ada Cotmty IiigTnway Dlstriet Policy Manual, ISPWC Standards and approved supplements, Conshuction Services Procedma sad all applicable ACRD Ordinances unless specifically waived herein. An r+egiater~ed in the State of Idaho shall prepare and certify all improvement pleas. 72.8 The applicant shall submit revised plans for staff approval, prior ip issnarrce of building Permit (or other required pemoits), which inc;orponites anyrequined design changes. 7.2.9 Consonadioa, use and property development shall be is ceaformance with all applicable roquireraents of the Ada County Highway District prior to District approval for occupancy. 72.10 Payment of applicable road impact fees are required prior to building oonstructioa Tire assessed impact foe wr71 be based on the impact fee ordinance that is is effect at drat time. 7.2.11 It is the r~eaponsibility of the applicant to verify all existiiag utilities within the right-of-way The applicant at aD cost to ACHD shall repair casting utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two fu11 bwiaesa days prior to brealang grotimd within ACRD right-of-way. 'Ibe applicanrt tha11 oozxact ACI:ID Traffic Operatia~ns 387-6190 in the went any ACRD conduits (spare or Shed} ere oon~romised during eery phase of constr~tion. 7.2.12 No change in the tams and conditions of this approval shall be valid unless they are is writing sad dgned by the applicant or the applicant's au~ther~ized r~epr+aeatative and m avthocimd repr,ese~tative of the Ada Courrty Highway District. The burden shall be upon the applicant do obtain written conSrmation of any change from the Ada County Highway District. 7.2.13 Any ehanga by the applicant in the planned use of the propnty which is the subject of this application, shall require the applicant to comply with all rake, reguktions, ordinances, plena, or other regulatory and legal restrictions in force at the time the applicant or its stu~sors is irSarest FxW'bit B -s- S:~Docs\ST Investments, Inc\GemeralWGR~Development Agreement (CLEAN 11-16-10).DOC advi~ea the I~tgltway District of its intent to change the plaaned uae of the subject property tmless s a-aiva/varianx of said requirements or other legal relief is granted pursuant to the law in effect st the tune the change in use is sought Exhibit H -6- S:\Docs\ST Investments, Inc\General\AGR\Development Agreement (CLEAN 11-16-10).DOC C. 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Exhibit C S:\Docs\ST Investments, Inc\GenerallAGRlDevelopment Agreement (CLEAN 11-16-10).DQC BY.. ~P~'idltM. . ~~ ~ ! ~ Ezhib~ C -2- S:~Docs~.ST Investments, InclGeneralWGRlDevelopment Agreement (CLEAN 11-16-10).DOC D. Requirod Fmdiags $onr Unified Development Code 1. Rezoare Fiadiags: Upon recommesdstion from the Commi:don, the Cwtndl hull make a foal hzvafigatba and sha8, at the pnWie hearing, review tze appl;gtiloa. L order m gim[t ste anae~utioa and/or rezone, tic Cosndi t~atl make the fouowing Andisgs: p ameadmeat complies. with tie aPP Provtd~ of the Coospednauive The Applicant is proposing to rezone the subject property ft+om C-N to C-C. The Corneal finds that the proposed zoning map amt oogmplies with the applicable pravisioas of the Comprehensive Plan. b. Tie map amendment oomptks with the re~otn odd for t>re prapoaed ~~ ~Y the Pm'po+e statement; The Geneses] finds that the proposed map amendment to C-C will provide servuxs for residents in this arcs of the city, consistent with the propose atatemeat for the districts. t~ The map amendment shall sot be notterWly degimeatal to the pabiic health, safety, sad welbre; The Council finds that the Proposed ~~g will not be dearimerrtal to the public health, safety, or welfare. Staff rids that the Commission and Couupl rely om any oral or written testimony that may be provided when this finding. d Tie map amendmert shah not result fin an adverse impsct apoa the de~l[vpy ~ services by any poNtiatl subdivfsion provkliag pulic wtti$a tie Cfty heladit:. but not limited to, :shoot district; sad, The Council finds that the proposed zoning ameadaxnt will not t+esuh is nay adverse impact upon the delivery of serviots by any political subdivision pe+ovidiag services to this site e. Tie anse:stton is in the best of interest of tie City (UDC 11-SB,3.S). This finding is rwt applicable as the epplica~ is requesting approval of a not annexation. 2. Conditional Use Permit Findings: Tie Comdsdoa and Council shall review tht particular fact sod dreumstanaR of eadi propored co~ditioaai use in terms of the folbwing, ud may approve a oonditiouai roe pavoit if they shad 8nd evidence preseattd at tie hearing(s) b sdeeisste to esbrtbibh; a. That tie site is large enough to accommodate tin proposed m-e sad meet alt tie dhnensioaal sad development regulations fn tie district b whist tie nee b taeatei. The Counal finds that if the site is designed to the conditions of appcvval is Exhibit B, the sits will be large enough to accommodatethe proposed use end meet the dimensional and devetopmart regulations of the C-C zoning district and the lbel :ilea facility, drivexhrough establishment and vehicle washing facility specific »:e standerds. E~~;Y7 -1- S:\Docs\ST Investments, Inc\General\AGR\Development Agreement (CLEAN 11-16-10).DOC br That the pstiposed use wiII be harmoaions with the Mes3diaa Comprehsadve Plan and in sword with the regniremeah o[ fhb Thle. The Couacil finds that the proposed uses in the prapoaed C C noun mats thz objactiva of the Co~reheasive Plan a Thst tie dedgn, construction, operation and m~inbenaaee wiD be° tYbJe with other atq fat the general neighborhood and with the or mended c>Wraeber of the gsneral vicinity and tlfat such use wiU ~t adverseb' chafe the dal ehatncta: of the acme area. The Couaal finds that the proposed comimerciai devdopment is amble with other uses is the general arcs and will not adversely change the cberacter of the ales. d. That the psoposed are, ii it complies-with all couditiona of the apps+ovd fspaed, w li not adversely affect other property In thcvidaiq-. The Council finds that the proposed development should not adversely stl'ect other pr+opetiy in the vicinity if the applicant complies with all coaditioas of appio~val tiabod is Exhibit B of this staff report and oonsttucts all impr+oveeowts and opsratp the use in accof+dantx with the UDC startdands. a That the proposed use will be served adequately by essential public f and aervkea ssich u highways, streets. sehoob, Pte, P~ ~d fhY pt+otectie®, drainage structures, refuse disposer; water, and sewer. The Council finds that sanitary sewer, domestic water sad irrlgatiaa can be made available to the subject property. Please refer to exa~neats prepared by the Public Works Depautmeot, Fire Depart and othc agencies. L That the proposed use wfll not create e=cessIve additiomd cosh for psibfie fidgKes find servWes and wig not be detrimental fin the ecoaomk wd6re of the coasmnahy. The Council finds that the applicant will pay to exteatd the sanitary Sawa sad water atsiru into the site. No additional capital facility costs are acpectod from the applicant and/or future property owners will be ~ The rognired to pay impact fees. & That the proposed use will not involve activitiesor processes, materWa, egnipasent sad oondNio:,s of operation that wttl be detrimemal m-any persons, PrspgtY os tht gear wdlare by reason o! excessive prodnclbn of traffic, noiK, smoke, fYases, glare or odors. TheF Council finds that the proposed development will not involve uses that wiz) Ct+eate mnssooa that would be detrimental to the general welfare of the stnrotmding area. Ths` Courted recognizes the fact that traffic and noise will inrtreasa with the approval ~ this developmett; however, the Council does ant believe that the attwnnt wed w~ be dotrime~al to the general welfare of the public. h. That fire proposed use will not mnlt is the dsatrnctlon, los: or daou~gfr of a aat^ral, aceaic or historic feature wnddered to be of ~ imporhaoe, The Cotmcil fatds that the proposed development will ant result is the desdvctioq loss or damage of say natural featurefs) of major importance. Stsff rxomomeads first the C.omraissioa and Council nferrnce eery public teatimon3r that rosy be pcsseated to determine whether or not the proposod development nay destroy or damage a nalttral or scenic feature(s) of major importanx of which staff is unaware. ExM'bit D _ 2 S:~Docs~ST Investments, InclGenerallAGRlDevelopment Ageement (CLEAN 11-16-10).DOC Meridian City Council Meeting DATE: November 23, 2010 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: Presentation of an Executive Certificate to Chief Jeff Lavey by Idaho Peace Officer Standard Training (POST) MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 23, 2010 ITEM NUMBER: 7 PROJECT NUMBER: ITEM TITLE: Items Moved From Consent MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 23, 2010 ITEM NUMBER: $/~ PROJECT NUMBER: TE 10-027 ITEM TITLE: Harcourt Subdivision Continued Public Hearing from November 3, 2010: TE 10-027 Harcourt Subdivision by Great Sky, Inc. Located South Side of E. Victory Road and East of S. Eagle Road Request: Approval of a 24-Month Time Extension to Obtain the City Engineer's Signature on the Final Plat MEETING NOTES ~ ,~,~ ~~~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET SATE November 23, 2010 ITEM # 8A PROJECT NUMBER TE 10-027 PROJECT NAME Harcourt Subdivision PLEASE PRINT NAME FOR AGAINST NEUTRAL W ~~ w -U --~ v~l ~ 1sCvr~ ~; .n ~ ~ ~ 1aY~Sra ~ p NOV 2 3 2010 CITY OF Meridian City Council Meeting DATE: November 23, 2010 ITEM NUMBER: $B PROJECT NUMBER: TE 10-030 ITEM TITLE: Harks Canyon Creek Public Hearing -Approval for a two (2) year Time Extension to obtain the City Engineer's signature on the Final Plat by JBS Enterprises, LLC - 1845 W. Franklin Road MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE November 23, 2010 ITEM # PROJECT NUMBER 8B TE 10-030 PROJECT NAME Harks Canyon Creek PLEASE PRINT NAME ~ FOR ~ AGAINST ~ NEUTRALS ~CE~~ NOV 1 ~ 2010 CITY OFG~t'g~uN~- l~ Meridian City Council Meeting neT~• November 23.2010 ITEM NUMBER: PROJECT NUMBER: RZ 10-003 ITEM TITLE: Police Department Rezone /MDA DA 10-00 Public Hearing: MDA 10-007 Repeal the recorded DA (instrument # 100040596) required with the annexation of the Stratford Business Park (aka Murdoch Sub No. 2) - 1401 E. Waterfower Street (Lot 8, Block 2 of the Murdoch Sub No. 2) MEETING NOTES ~c,~, ~n Rz. i©-003 I~~,~ecF -~ ~ (~ CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE November 23, 2010 ITEM # HD, E PROJECT NUMBER RZ 10-003, MDA 10-007 PROJECT NAME Police Department PLEASE PRINT NAME ~ FOR ~ AGAINST ~ NEUTRALS CITY CLERKS OFFICE Meridian City Council Meeting r1oTF~ November 23, 2010 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Mayor's Office: Resolution No. ~~ '~~~ A Resolution of the Mayor and the City Council of the City of Meridian, Appointing Megan Murphy to Seat 9 of the Meridian Arts Commission; And Providing an Effective Date MEETING NOTES e~~ ~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. ~, ~ ` ~ C" - BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, APPOINTING MEGAN MURPHY TO SEAT 9 OF THE MERIDIAN ARTS COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code Title 2, Chapter 5 establishes the Meridian Arts Commission, its members and terms of their appointments; WHEREAS, the City Council of the City of Meridian recognizes and values the unique perspective and input of the youth of the Meridian community as it pertains to developing, advancing, and nurturing all facets of the arts within the City, and to that end Meridian City Code § 2-5-3(B) states that a youth member maybe appointed to the Meridian Arts Commission; WHEREAS, pursuant to the bylaws of the Meridian Arts Commission, Seat 9 on the Commission is designated for the youth member; WHEREAS, the City Council of the City of Meridian deems the appointment of Megan Murphy to Seat 9 of the Meridian Arts Commission to be in the best interest of the Commission and of the City of Meridian; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, pursuant to Meridian City Code § 2-5-3(B), Megan Murphy is hereby appointed to Seat 9 of the Meridian Arts Commission, for a term to expire on August 31, 2011. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 23rd day of November, 2010. APPROVED by the Mayor of the City of Meridian, Idaho, this 23rd day of November, 2010. APP~_R.O~VED: i ~`~,~ OF MER/p~~'%„~yVlayor T y de Weerd ATTEST: ~' `~oaPORgTO 2 ~'-- F By: - L Jaycee olman, City~'ler ~, ~~ ° :. ~ o %, 90 ~sT ,s~ ., .~ ,: ,,,, ,y ®Q. ,,~. ~% coU~lTY ~ ~ ~~`~ RESOLUTION APPOINTING MEGAN MURPHYi'a~ . ~ ; ~ ~ ~ ~ ~ ~ ; ~ ~ ~~~` 2010-2011 YOUTH MERIDIAN ARTS COMMISSIONER PAGE 1 OF 1 Meridian City Council Meeting DATE: November 23, 2010 ITEM NUMBER: 96 PROJECT NUMBER: IT~IIA TITI F• Planning Department: Destination Downtown Plan MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting neTt=• November 23, 2010 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Ordinance No. ~~ ' \~~e'S An Ordinance (RZ 10-002 Raisin' Angels) for the Re-Zone of a Parcel of Land Being a Portion of the Northeast 1 /4 of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho Whose Address is 1125 E. Pine Avenue, Meridian, Idaho MEETING NOTES CLERKS OFF-CE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS /a , " l Meridian City Council Meeting DATE: November 23, 2010 ITEM NUMBER: 10B PROJECT NUMBER: ITEM TITLE: Ordinance No. 10 - ~~ lplp An Ordinance (RZ 10-001 Fast Eddy's Ten Mile Station] for the Re-Zone of a Parcel of Land Being a Portion of the Courtyards at Ten Mile Subdivision Located in the Northwest Y. Of The Southwest'/. Of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~(`°~~ ~i'oZQ-ID ADA COUNTY RECORDER J. DAVID NAYARRO AMOUNT .00 BORE IDAH011/29110 11:48 AM R~ca+oEO aEauESr OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIIII I Meridian City i i 0111937 CITY OF MERIDIAN ORDINANCE NO. `O - 1~I low BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE (RZ 10-001 FAST EDDY'S TEN MILE STATION) FOR THE RE- ZONE OF A PARCEL OF LAND BEING A PORTION OF THE COURTYARDS AT TEN MILE SUBDIVISION LOCATED IN THE NORTHWEST '/. OF THE SOUTHWEST '/ OF SECTION 11, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERH)IAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF 5.9 ACRES OF LAND FROM THE C-N (NEIGHBORHOOD BUSINESS) ZONING DISTRICT TO THE C-C (COMMUNITY BUSINESS) ZONING DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF H)AHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re- zoning by the owner of said property, to-wit: Truce, LLC and ST Investments. SECTION 2. That the above-described real property is hereby re-zoned from the C-N (Neighborhood Business) zoning district to the C-C (Community Business) zoning district, in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re-zone said property. RE-ZONE -ANNEXATION - RZ 10-001 FAST EDDY'S TEN MILE STATION Page 1 of 3 /"~ SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all o~ cial maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. n SECTION 9. That pursuant to the affirmative vote of one-half (1 /2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of 2010. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this rc~l 23 day of 2010. MAY AMMY de WEERD ATTEST: p~F JAYCEE. HOLMAN, CITY CTsI RE-ZONE -ANNEXATION - RZ 10 SEAL = ~~' c~ ? MILE STATION Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) On this ~~ day of N~vem~e,/ , 2010, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY 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 WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first ~~ written. ti~A P YES ••~~ ,~, ',, • ~; p ~, (SEAL) ~W; z ~ o: N ARY P LI AHO ~"~~ ,~G,%~~ RE IDING AT: -.,(~,nd~ow,, Ic~b~hc~ ' ,~` ,, ~ ~~: MY COMMISSION EXPIRES:,, n y .~~ ~' 4 ~•• STATE ~ •~ ••....•• /'~ RE-ZONE -ANNEXATION - RZ 10-001 FAST EDDY'S TEN MILE STATION Page 3 of 3 NOTICE AND PUBLISIiED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO.10-mac PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and re-zoning for parcel of land being a portion of The Courtyards at Ten Mile Subdivision located in the Northwest % of the Southwest % of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A". This parcel contains 5.90 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed in attached Exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at C' . ~ . hof Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shat E~~ne` ec~t~4n the _~ day of -Jal~mber' 2010. ~ 'r""' :~Qnt;-(,;,'~. C.~ r 1: ,., ,~~`~ r' ~~ ~t ~~ gin. y of Men ' ~ `'~,S ,7 ~ `~, Mayor and City Council ~ ~~ ~ "L:.,,., `~~ ~7 By: Jaycee L. Holman, City Clerk ~ ~ ~1 i '~ . ~:~-~ n First Reading: 11- a~ - an ~~ Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES X NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 10- \4(fllo The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 10- 1 y b(o of the City of Meridian, Idaho, and has found the same to be true and complete and provid~els adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this 2 `f day of ~i~•• 2010. ~. 1. . ~ William. L.M. Nary City Attorney ORDINANCE SUMMARY - RZ 10-001 FAST EDDY'S TEN MILE STATION Page 1