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HomeMy WebLinkAboutMeridian Fire Station RZMayor ROBERT D. CORRIE Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT (^_08)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 2, 1999 TRANSMITTAL DATE:_ February 8, 1999 HEARING DATE: March 9, 1999 FILE NUMBER: RZ-99-002 REQUEST: REZONE OF 1.936 ACRES FROM I -L TO L -O BY: CITY OF MERIDIAN LOCATION OF PROPERTY OR PROJECT: NORTH OF FRANKLIN RD, BETWEEN 5T" AVE & BALTIC PLACE _ TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT SEWER DEPARTMENT UILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: �--) - /S q rvl�D AUG. 2 8 2000 RESOLUTION NO .�o� CTT1' OF VIWG P BY: /ti'h A�l .lrr A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "POWER LINE EASEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND IDAHO POWER COMPANY. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with IDAHO POWER COMPANY, denoted as "POWER LINE EASEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with IDAHO POWER COMPANY, entitled "POWER LINE EASEMENT", by and between the City of Meridian and IDAHO POWER COMPANY, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this f S day of 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this / 'day of RESOLUTION FOR IDAHO POWER COMPANY EASEMENT - PAGE 1 OF 2 :-_v;, A,� 2000. ATTEST: ki I,V,...:r��iiir� f of y Y CLERK SEAL w msg/Z:\Work\M\Meridian 15360M\IDAHO POWER EASEMT1Re 4u oumv RESOLUTION FOR IDAHO POWER COMPANY EASEMENT - PAGE 2 OF 2 POWER LINE EASEMENT City of Meridian, all Idaho Municipal Corporation, Grantor(s), of Ada County, State of Idaho, do hereby grant and convey to 11mi I( ) POWER COMPANY, a corporation, with its principal office located at 1221 Idaho Street, Boise, Idaho, its licetsecs, successols ;wtl assigns, Grantee, for One Dollar and other valuable considerations, receipt of which is hereby acknowledged, a right -of -wily aml easement fur the erection and continued operation, maintenance, repair, alteration, inspcctioo, and rcplacell(cut of Clic c1CCUiL transmission, distribution and telephone lines and circuits of the Grantee, attached to poles or other Supports, logc[hcr will guy I" crossanus and other attachments and incidental equipment thereon, and appurteliatces, Willi the right to pelliilt the allachuleut of the wires and fixtures of other companies or parties, over, of and across the following premises, belonging to the said Grantor(s) ill Ada County, State of Idaho, in the following location, to -wit: A strip of laud 15.00 feet wide being located in Lot 17, Block 3, Meridian Business Park, SW'1ASE% :ind SE!GSW'/, Section 7, T -3-N R -I -E, B.M., Ada County, Idaho, said strip of land being more paniCnlarly dcscllbell is billows: Commencing at a found ACHD monument identified as the south quarter corner of said Section 7; thence, N 00°29'08" E, a distance of 45.0 feet to a point on the south property line of said Lot 17 and the north right of way lice of Franklin Road; thence, N 89'38'17" E, a distance of 129.0 feet to a point identified as the Southeast corner of said Lot 17, said point being ft'r1'de Point Of Beginning; thence, N 00°31'1 I" E, a distance of 15.0 feet, diclice, S 89"38'17" W, a disCance of 204.55 feet, ml[te for less, it) a point in the center of the Hunter Lateral; (hence, S 31 '46'19" E, a distance of 17.6 feet; lichee, N 89'38'17" E, altla1e the south property Mlle of said Lot 17, a distance of 195.1 feet, more or less, back to tic true point of begllluing. Also, see Exhibit "A" Together Willi all rights of ingress and egress necessary for (lie full and complete use, occupation allot enjoyment of the easement hereby granted, and all rights and privileges incident thereto, including file right front little to little to Cut, trilil and remove trees, brush, overhanging branches and other obstructions which may injure or interfere with the Grantee's use, occupation or enjoymeut of this easement and the operation, maintenance and repair of Grantee's elec'tric'al system. Grantor's use of the above-described right-of-way shall be subject to the following Iinlitatiolls: (1) no buildings or structures of any kind or any flammable material shall be placed or erected within the right-of-way, (2) no vehicles of ally kind that exceed 14 feet in height shall be placed or used oil the right -of -Way, and (3) ally Other equipment lir niaterlal within file right -of -Way shall be kept at least 20 feet away front (lie Wires of said electric power Innes at all Unles, even if (lie Wires sag or sway as a result of increased temperatures, Wind, electrical loading oil (Ile wires, or Otter conditions. Subject to the foregoing limitations, said right-of-way may be used by Grantor for roads, agricultural crops and other purposes not inconsistent with said easement. xec ted and deliv re his 1st City of eridian day of Fr�brl ry 2000 Attested: Robert D. Corrie — Mayor William G. Berg, Jr. — City Clerk approved by City Council 2-1-00 STATE OF Idaho County of Ada Oil thiss� day of Fe bYfCL4 Yy '2000 before tile, a Notary Public:, personally appeared RnhPrt- n (`orris and William G Berg- Jr , known to 'Ile to be tine person(s) who executed the foregoing instrument and acknowledged to nue that they executed file Sallie freely alld voluntarily for the uses and purposes therein mentioned. •.;. OT (NOTARIAL SEAL) ■y; Notary Public, Residing at ry-& Ultii , I� Conunissiou Expires `I�24 �cC, •'.;SOF W..•`t 69KV U I' ROW ooh (2-93) (OVER) y A strip of land 15.0 WN wide being located in Lot 17,, Blo, Meridian Business Park, SW%4SE% and SE34 %, Section 7, T -3-N R -1-E, B.M., a County, Idaho, said strip of land being more particularly described as follows: Commencing at a found ACHD monument identified as 'the south quarter corner of said Section 7; thence, N 00029'08" E, a distance of 45.0 feet to a point on the north right of way line of Franklin Road and the south property line of said Lot 17; thence, N 89038'17" E, a distance of 129.0 feet to a point identified as the.southeast corner of said Lot 17, said point being the True Point of Beginning; thence, N 00°31'11" E, a distance of 15.0 feet; thence, S 89038'17" W, a distance of 204.55 feet, more or less, to a point in the centerline of Hunter Lateral; thence, S 31046'19" E, a distance of 17.6 feet; thence, N 89038'17" E, along the south property line of said Lot 17, a distance of 195.1 feet, more or less, back to the true point of beginning. 0.07 acres (3,001.90 sq. ft.) City of Meridian li� Scale = 100:1 Feet 4 6 2� 1 li� Scale = 100:1 Feet A strip of land 15.0 feet wide being located in Lot 17, Block 3, Meridian Business Park, SW'%SEY. and SEY.SWY., Section 7, T -3-N R -1-E, B.M., Ada County, Idaho, said strip of land being more particularly described as follows: Commencing at a found ACHO monument identified as the south quarter corner of said Section 7; thence, N 00°29'08" E, a distance of 45.0 feet to a point on the north right of way line of Franklin Road and the south property line of said Lot 17; thence, N 89°38'17" E, a distance of 129.0 feet to a point identified as the southeast corner of said Lot 17, said point being the True Point of Beginning; thence, N 00"31'11" E. a distance of 15.0 feet; thence, S 89°38'17" W, a distance of 204.55 feet, more or less, to a point in the centerline of Hunter Lateral; thence, S 31 °46'19" E, a distance of 17.6 feet; thence, N 89'38'17" E, along the south property line of said Lot 17, a distance of 195.1 feet, more or less, back to the true point of beginning. 0.07 acres (3,001.90 sq. ft.) 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I N I it /Itn l I �j� � /��� r✓�� �%i�l illi\ I l December 7, 1990 RECEIVED Mr. Kenny Bower Meridian Fire Chief City of Meridian '- 33 E. Idaho Ave. MERIDIAN Meridian, Idaho 83616 FIRE DEPARTMENT RE: Idaho Power Company easement request Dear Mr. Bower: Idaho Power Company (IPCO), through its agent, Ashley Land Services is requesting an easement for relocation of a power line along Franklin Road. The relocation of the power line is necessary to meet electrical power demands in the area. IPCO is requesting a fifteen foot easement along property owned by the City of Meridian in Lot 17, Block 3, Meridian Business Park. The power poles will be steel poles which will extend approximately 70 feet above the surface and will be placed one to three feet behind the north right of way line of Franklin Road. Compensation for the easement totals $7504.75 and is calculated as follows: 3001.90 square feet * $2.50 per square foot = $7,504.75. The square footage was appraised at a fee value of $5.00 per square foot and the easement value is appraised at one half of fee value. If the City of Meridian agrees to grant the easement, please have the attached easement signed, notarized and returned to me as soon as possible. I will immediately process the payment and return a copy of the recorded easement to you. If you have any questions, please call me at 939-2680. Thank you for your time and consideration in this matter. Sincerely, Larry -'A. Cadwell ROW Consultant representing Idaho Power Company. Professional Land Services - Members of the International Right of Way Association Office 208-939-2680 Fax 939-8680 Home 939-7168 FEB -23-2000 11:05 ZGA ARCHITECTS PLANNERS 2083437162 P.01iO3 w Architects and Planners, Chartered 565 West Myrtle Street, Suite 225 Boisc Id 83702 (208) 345-8872 Fax (208) 343-7162 FACSIMILE COVER SHEET DATE: 02-23-00 TO: City of Meridian FAX: 887-1297 (Steve Siddoway) 1. FROM: Danny PROJECT NAME: Meridian -Fire Station-- r' JOB NO. 9901 SUBJECT: Landscape Retention Pond Number of pages including cover sheet:- 3 - --° If the total number of pages are not received, please advise us as soon as possible. Hard Copy Will ❑ Will Not ® Follow - Message: 02/23/00 10:52 AM c:\projects\proj- #lfilename.doc FEB 23 '00 11:06 2083437162 PAGE.01 CITY OF MERIDIAN PLANNING & ZONING DEPARTMENT LETTER OF TRANSMITTAL February 16, 2000 To: Will Berg City Clerk's Office From: Brad Hawkins -Clark Planning & Zoning Subject: Franklin Rd. Fire Station - Temporary Occupancy Remarks: I conducted a site inspection this morning of the new Franklin Road Fire Station to determine compliance with landscaping, parking and irrigation system requirements. The general contractor understood that our department could only issue a temporary occupancy since the landscaping is incomplete. The parking lot paving, striping, handicap signage, trash enclosure, and 21 of 25 trees are complete. Per my discussion with you, I told him bonding was not necessary for the incomplete items since it is a City of Meridian -funded project. Below are the incomplete improvements that are required before final occupancy can be issued by P&Z: G 1. Four (4) trees on north -end of site (3 scotch pines andel maple) 2. Underground sprinkler lines and heads6L 3. Crushed rock in the future right-of-way areas on E and W sides of driveway 4. All lawn areas ou ` 5. All planting bed mulcht" 4 /a )6V 6. All shrubs &4- I'll 4 I'll let you know when we sign -off on the Final Occupancy. Cc: CProject File Shari Stiles Chief Kenny Bowers Signed: z a- C_ , 200 E. Carlton, Ste. 201 Meridian, Idaho 83642 (208) 884-5533 Fax (208) 887-1297 ** TX STATUS REPORT ** DATE TIME TO/FROM 23 05/17 15:14 2083437162 AS OF MAY 17 '99 15:15 PAGE.01 PUBLIC WORKS MODE MIN/SEC PGS CMD# STATUS EC --S 00'26" 001 223 OK HUB OF TREASURE VALLEY Mayo[ ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT (2 08) 08) 884.4_, 6.1 Membea CITY OF MERIDIAN Counc'1 PUBLIC WORKS CHARLES ROUNTREE 33 EAST rDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 RON ANDERSON Phone (208) 888-4433 - Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT I{bITH BIRD (208)884-553? CERTIFICATE OF ZONING COMPLIANCE* Date: May 17, 1999 Owner: Meridian Fire Station — Franklin Road Address: Lot 17 Block3 — Meridian Business Park Proposed Use: New Meridian Fire Station Zoning: L -O Comments: All signage is subject to design review and requiresseparatepem*i S- No portable signs or temporary signage permitted. Landscape plan not to be altered without prior written approval of the Planning & Zoning Department. Thirty -five-foot landscape setback to be provided beyond required right -of --way on Franklin Road. No field changes to site plan permitted; prior written approval of all changes required. Provide van -accessible handicap parking and associated signage in accordance with Americans with Disabilities Act. All drainage to be retained on site. Li zhtinr? shall not cause g_larc or impact traveling public, as determined by City. All outdoor storage of equipment and materials required to be screened from view. Provide warranty deed for dedication of additional rih� t -of -way prior to obtaining Certificate of Occupancy. Shari Stiles Planning & Zoning Administrator *Receipt of a Certificate of Zoning Compliance does not indicate compliance with requirements of other departments/agencies, including, but not limited to, Ada County Highway District, Central District Health Department, affected irrigation district(s), Meridian Sewer, Water, Building or Fire Departments, etc. This certificate shaU expire one (1) year from the date of issuance if work has not begun. HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (208) 884-4264 ouncd Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT KEITH BIRD (208)884-5533 CERTIFICATE OF ZONING COMPLIANCE* Date: May 17, 1999 Owner: Meridian Fire Station — Franklin Road Address: Lot 17 Block 3 — Meridian Business Park Proposed Use: New Meridian Fire Station Zoning: Comments: All signage is subject to desk review and requires separate permits No portable signs or temporary signage permitted Landscape plan not to be altered without prior written approval of the Planning & Zoning Department Thirty -five-foot landscape setback to be provided beyond required right-of-way on Franklin Road No field changes to site plan permitted,• prior written approval of all changes required Provide van -accessible handicap parking and associated sianaae in accordance with Americans with Disabilities Act All drainage to be retained on site. Li hg tiny shall not cause Aare or impact traveling public as determined by City. All outdoor storage of equipment and materials required to be screened from view. Provide warranty deed for dedication of additional right-of-Wayprior to obtaining Certificate of Occupancy Shari Stiles Planning & Zoning Administrator *Receipt of a Certificate of Zoning Compliance does not indicate compliance with requirements of other departments/agencies, including, but not limited to, Ada County Highway District, Central District Health Department, affected irrigation district(s), Meridian Sewer, Water, Building or Fire Departments, etc. This certificate shall expire one (1) year from the date of issuance if work has not begun. City of Meridian Exhibit "A" The easement right granted herein does not include the right to construct any power poles or structures on the ground and any power lines occupying the easement space must be not less than eighteen (18) feet above the surface of the real property at all times. All rights granted to Grantors to construct and or maintain power lines are limited in that no blockage of the City's right of ingress and egress to and from the real property shall occur unless the same is absolutely necessary to avoid immediate and eminent loss of life or property and in no event shall the City's access to the property be totally blocked by construction and or maintenance activities of Grantor. FEB -23-2000 11:05 ZGA ARCHITECTS PLANNERS OWNER Architect's ARCHITECT CONSULTANT Supplemental Instructions CONTRACTOR AIA Document G710 - FIELD OTHER Electronic Format 2083437162 P.02iO3 Dd as �o t) t] THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. PROJECT: (name, address) Meridian Fire Slalion Franklin Road Meridian, Idaho OWNER: .City of Meridian I TO: (Contractor) Beniton Construction PP Box 838 Meridian, Idaho 83680 CONTRACT FOR: General Construction CONTRACT DATED: 30.1UIV 1999 ARCHITECT'S SUPPLEMENTAL INSTRUCTION NO: Ten (10) DATE OF ISSUANCE: 23 -ebrU„ ARCHITECT: 7_.GA Architccts and Planners. Chartered 565 West Myrtle StrceL Suitt 225 Bojsc. Idaho 83702 ARCHITECT'S PROJECT NO: 9941 The Work shall be carried out in accordance with the following supplemental instructions issued in accordance with the Contract Documents without change in Contract Sum or Contract Time, Proceeding with the Work in accordance with these instructions indicates your acknowledgment that there will be no change in the Contract Sum or Contract Time. Description: Landscaping for the retention pond (attached) shall be changed as follows: In lieu of topsoil, sand mix and grass seed, provide weed bar-rier sheet 4nd washed river rock covering -to the top of the sloped portion of the pond. Attachments: (Here insert listing of documents that support description.) AIA DOCUMENT G710 - ARCHITECT'S SUPPLEMENTAL INSTRUCTIONS- 1992 EDITION - AIA - COPYRIGHT 1992 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D,C., 20006-5292, WARNING; Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format G710 - 1992 User Document: AS110 — 2123/2000. AIA License Number 116384, which expires on 1/31/2001 — Page #1 FEB 23 100 11:06 2083437162 PAGE.02 Z0iZ0'd Z9TLZbZ80Z A i L z9TZZbZ80Z 90:TT 00, ZZ 939 oo ' �� Or, S63NN07d S=31IHOcIb bSZ SO:TT 0002 -ZZ -S39 CERTIFICATE OF ZONING COMPLIANCE & PLAN REVIEW CHECKLIST City of Meridian Planning & Zoning Dept. Project: Meridian Fire Dept. Review Date: Contact: Paul Marcol i na, ATA Zone ❑ 3 copies of site plan submitted ❑ Calculations table, including asphalt area, parking, landscaping, and building s.f. ❑ Copy of ACRD approval letter (if applicable*) — G. Inselman/J. Lowe Site Review/Conforming Elements Comments O.K. 1. Zoning District (permitted use, CUP, AUP, variance, etc.) Permitted Use. 2. Floodplain District Zone X 3. Landscaping a) # of Trees (l, 3" cal. per 1,500 s.f of asphalt) 25 Total b) Plant Species Listed See Landscape Plan Shept 11-0 c) Required Strips/Screens 35' Greens ce at Franklin 3. Off -Street Parkin a) # of Stalls (dimensions, etc) (3) 9' x 20' b) Handicap Stalls (van accessible, aisles, signs) (1) 8' x 20' with 8' wide aisle with sign c) Aisles 4. Trash Areas a) Location b 3 -Side Screening Yes Chain link y�th vision slats 5. Underground Irrigation" Yes see Landscape Sheet L2.0 6. Sidewalks/Paths As shown 7. Roadways (R -O -W dedications, etc) — 3 8. Lot Requirements a) Lot Area b) Street Frontage 195 L c) Set-backs30 0 fron d) Coverage 14% building/site cover e * ACHD approval letter required for curb cuts, road widening, any new projects. ** Pressurized irrigation can be waived only if no water rights exist to subject property or developer deeds to City land for a well. ** City permits a 1 -time hook-up to municipal water for irrigation per site. ** Trees must not be planted in sewer easements. C:\P&Zadmin\Forms\CZC Checklist PROPERTY DESCRIPTION FOR ADA COUNTY HIGHWAY DEPARTMENT RIGHT-OF-WAY AT MERIDIAN FIRE STATION A strip of land, 3 feet in width, for the purpose of Ada County Highway Department Right -Of - Way, situated in Lot 17 of Block 3, Meridian Business Park, being in the Southwest 1/4 of the Southwest 1/4, Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and more particularly described as follows: BEGINNING at a found brass cap monumenting the Section corner common to Sections 7 and 18, said brass cap being on the centerline of E. Franklin Road, thence along the centerline of E. Frankling Road North 89°20'30" East a distance of 2401.71 feet to a brass cap monumenting the quarter corner common to sections 7 and 18, thence North 0°18'34" West a distance of 44.99 feet to a found 1/2 inch rebar, said 1/2" rebar being the POINT OF BEGINNING; thence along a line parallel with said centerline of E. Franklin Road South 89°20'30" West a distance of 65.26 feet to a point; thence North 31046'19" West a distance of 3.51 feet to a point; thence along a line parallel with said centerline of E. Franklin Road North 89°20'30" East a distance of 66.98 feet to a point; thence along a line parallel with said centerline of E. Franklin Road North 89°46'06" East a distance of 130.00 feet to a point; thence South 0°31' 11" West a distance of 3.00 feet to a found 1/2 inch rebar; thence along a line parallel with said centerline of E. Franklin Road South 89°46'06" West a distance of 129.84 feet to the POINT OF BEGINNING. Said 3 foot strip of land contains 589.49 square feet,or 0.014 acre, more or less and is subject to any easements or rights-of-way of record or implied. E 3 NEW MERIDIAN FIRE STATION � EASEMENT Architects and Planners, chartered -1. CITY OF MERIDIAN & els e.a ala smi. am aan alm 012 (ma) U5 -Us -ears F. (W Inez r o I. 00 m o z G � V W N a I• / �0. / / v Cmi � v I•• R 0 Z / m z O O Z� S U) ^`\\ N �A NIm to 4 ' / /Z W s] N O� f Z W r'x mi I m of p G O 1 03 z -. m 0 O lilt mm �o N Obi s rriCO N a olr O> I �10 w m m m m iZ NI m 1 N f to mzy�p8+. 0\_.....................0 6611V ..... .....� � A O m m 0 p R M„9£.9 I.ON c z Z `n i --a n m00 , 0 > K z F ? A < f o < A O A I d a� z x�rn m Z m z r N n n 3-0 N� O b C7rW r N v N i 1 1 Z m N' 00 to O'i AI O z 01 rr x Ot m --3 r � o UN Z C) O O !D: CO CR _ O J z Z 1� I� G I O f a E 3 NEW MERIDIAN FIRE STATION � EASEMENT Architects and Planners, chartered -1. CITY OF MERIDIAN & els e.a ala smi. am aan alm 012 (ma) U5 -Us -ears F. (W Inez m z z 00 m o z G � V a Z fn0y b0� W s] I CD 0 O B rriCO P d M n n Sb W 0-4 �r cl mzy�p8+. 0 0 C z 0 z z m m 0 D z jTj i --a 0 0 cn 0 m 0 > K z F ? A < f o < A iii m d a� z x�rn �.1.y ''~ A z m m n n n m x ? m C7rW r z m -3 1�1 --3 zox C) O z Z E 3 NEW MERIDIAN FIRE STATION � EASEMENT Architects and Planners, chartered -1. CITY OF MERIDIAN & els e.a ala smi. am aan alm 012 (ma) U5 -Us -ears F. (W Inez 05/17/99 10:22 $208 345 7650 ACHD Z 002/003 �da Countc�'i4iqkwaV .2Ji3trict Sherry R. Huber, President 31° Gd5"' "' "WV` Judy Peavey -Derr, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer Routson, Secretary Phone (208) 387-6100 Dave Bivens, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner e-mail: tellus@achd.ada.id.us May 17, 1999 ZGA Architects and Planners attn: Paul Marcolina 565 W. Myrtle, Suite 225 Boise, Idaho 83702 RE: MRZ99-002// Franklin e/o 5th /Fire Station PLANS ACCEPTANCE The District has reviewed the plans for the above referenced project, and they are accepted for public street construction. By stamping and signing the improvement plans, the Registered Engineer ensures the District that the plans conform to all District policies and standards. Variances or waivers must be specifically and previously approved by the District in writing. Acceptance of the improvement plans by the District does not relieve the Registered Engineer of these responsibilities. The District will not assess an impact fee for this project. NOTE: You may consider the conditions of the Ada County Highway District to have been met. However, occupancy is conditional upon completion of right-of-way dedication. Please provide two copies of the civil drawings for our records. Standard Requirements: I. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. II. All irrigation facilities must be located outside the public right-of-way unless otherwise approved by the District. IIl. Replace damaged curb, gutter, and sidewalk with new curb, gutter, and sidewalk to match existing improvements. 1V. All facilities to be constructed with a proposed development, and to be owned and maintained by the District, must be constructed according to the latest edition of I.S.P.W.C. and the District's Supplemental Standard Specifications. V, Any work in the public right-of-way requires a permit from ACHD Construction Services. VI. An engineer registered in the State of Idaho shall prepare and ccrtify all improvement plans. MAY 17 '99 10.21 Zoe 345 7650 PAGE.02 ` 05/17/99 10:23 $208 345 7650 ACRD Z003/003 If you have any questions or concerns, please feel free to contact me at 387-6176. nce , Je owe' Planning and Development MAY 17 '99 10:21 209 345 7650 PAGE -03 Architects and Planners 565 West Myrtle Street, Suite 225,, Boise, Idaho 83702 Phone (208) 345-8872 Fax: (208) 343-7162 TO: City of Meridian .Planning and Zoning LETTER OF TRANSMITTAL DATE: 5/5/99 735 No. 9951. ATTENTION: Shari Stiles RE: Meridian Fire Station WE ARE SENDING YOU: Attached, ❑ under separate cover via the following items Shop drawings Prints ❑ 'Plans ❑ Sample ❑ Specifications ❑ Copy oiletter ❑ Change Order ❑ COPIES DATE NO. DESCRIPTION 3 4/30/99 9901 Civil, Landscape and Architectural Site Plan 1 5/4/99 9901 Cert. of Zoning Compliance and Plan Review Checklist 1 5/5199 9901 Property Description for Right of Way THESE;ARE TRANSMITTED as checked telow: 'For Approval E] Accepted as submitted ❑ Resubmit copies for approval Accepted as noted El Submit copies fo For your use r distribution As requested ❑ NotAccepted- Resubmit ❑ Return corrected pring For review and comments ❑ FORBIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS: Dear Shan, .1 am forwaIding additional info: as discussed. Pinnacle had done this description at a.previous requestfrom ACHD. I will' forward this description, along with ACHD's request for: Warranty Deed - Entire Parcel Legal Description - Entire Parcel Closing Statement (Proof of Ownership) Tax I.D. Number Tbafik you in advance for your work on the Certificate of Zoning. Please let me know if you' need anything else! i �2 4f COPY TO: 9901 Mr Ron Anderson -CAPROJECM SIGNED: / /1 11aul D. Marcolina, 05105199 3:01 PM If enclosures are not as noted. Kindly, n4off usatonce. p 1ADA DI NAVARRO 9'90 CITY OF RIDIAN T 3 E--c�p47; 3 7 AN ORDINANCE FINDING THAT THE OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY THAT LIES WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN FROM I -L (LIGHT INDUSTRIAL) ZONING DISTRICT TO L -O (LIMITED OFFICE DISTRICT) AS DEFINED UNDER §11-2-408B(7) OF THE MUNICIPAL CODE OF THE CITY OF MERIDIAN, REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID REZONING DESIGNATION TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: 1. The owner of the following described property has made a written request for a re -zone of the zoning classification for the subject Real Property herein described from I-L(Light Industrial) District to L -O (Limited Office) District as defined under § 11-2- 408B(7) of the Municipal Code of the City of Meridian; and 2. The City of Meridian Planning and Zoning Commission and City Council having given notice RE -ZONE ORDINANCE - 1 "2.12 ACRES tFIRE SUBSTATI`ON:CITY-OF,'MERIDIAN �w and conducted all public hearings in accordance with law and having issued its findings of fact and conclusions of law and Decision and Order granting the application for rezone; and 3. The real property which is the subject of this ordinance is legally described as: A parcel located in the SW 1/4 of the SE 1/4 and the SE 1/4 of the SW I/4 of Section 7, Township 3 North, Range I East, Boise Meridian, and containing Lot 17 of Block 3 of the Meridian Business Park Subdivision on file in the office of the Recorder, Ada County, Idaho, more particularly described as follows: BEGINNING at a brass cap monument marking the southeasterly corner of said SE 1/4 of the SW 1/4 (one-quarter corner) from which an aluminum cap monument marking the southwesterly corner of said SE 1/4 of the SW 1/4 bears S 89°20'30" W a distance of 1118.76 feet; Thence S 89°20'30" W along the southerly boundary of said SE 1/4 of the SW 1/4 a distance of 37.92 feet to a point; Thence leaving said southerly boundary N 31'46'19" W a distance of 166.58 feet to a 1/2 inch diameter iron pin marking an angle point on the westerly boundary of said Lot 17; Thence N 0°31' 11" E along the westerly boundary of said Lot 17 a distance of 245.09 feet to a 1/2 inch RE -ZONE ORDINANCE - 2 2.12 ACRES FIRE SUBSTATION CITY OF MERIDIAN t diameter iron pin marking the northwesterly corner of said Lot 17; Thence S"89'47'03" E along the northerly boundary of said Lot 17 a distance of 255.95 feet to a V2 inch diameter iron pin marking the northeasterly corner of said Lot 17; Thence S 0°31'11" W along the easterly boundary of said Lot 17 a distance of 384.79 feet to a point on the southerly boundary of said SW 1/4 of the SE 1/4; Thence S 89°46'06" W a distance of 129.05 feet to the POINT OF BEGINNING. This parcel contains 2.12 acres and is subject to any easement existing or in use. SECTION 2. That the above-described real Property be, and the same is hereby re -zoned and designed (L -O) Limited Office District. SECTION 3. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps depicting the City of Meridian land use zones in accordance with this ordinance. SECTION 4. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 5. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. RE -ZONE ORDINANCE - 3 2.12 ACRES FIRE SUBSTATION CITY OF MERIDIAN PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this qday of , 1999. APPROVED BY THE MAYOR OF -THE CITY OF MERIDIAN, IDAHO, this day of 4tC , 1999. /9yor ATT ST: City Clerk RE -ZONE ORDINANCE - 4 2.12 ACRES FIRE SUBSTATION CITY OF MERIDIAN I CITY OFIMYRIDLAN GEPv`T Y 1�)Yff No. 1999 my 14 4, i 9.37Ay ow AN ORDINANCE FINDING THAT THE OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY THAT LIES WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN FROM I -L (LIGHT INDUSTRIAL) ZONING DISTRICT TO L -O (LIMITED OFFICE DISTRICT) AS DEFINED UNDER §11-2-408B(7) OF THE MUNICIPAL CODE OF THE CITY OF MERIDIAN, REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID REZONING DESIGNATION TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: 1. The owner of the following described property has made a written request for a re -zone of the zoning classification for the subject Real Property herein described from I-L(Light Industrial) District to L -O (Limited Office) District as defined under §11-2- 408B(7) of the Municipal Code of the City of Meridian; and 2. The City of Meridian Planning and Zoning Commission and City Council having given notice RE -ZONE ORDINANCE - 1 2.12 ACRES FIRE,SUBSTATION._CITY--OF--MERIDIAN.-- and conducted all public hearings in accordance with law and having issued its findings of fact and conclusions of law and Decision and Order granting the application for rezone; and 3. The real property which is the subject of this ordinance is legally described as: A parcel located in the SW 1/4 of the SE 1/4 and the SE 1/4 of the SW 1/4 of Section 7, Township 3 North, Range 1 East, Boise Meridian, and containing Lot 17 of Block 3 of the Meridian Business Park Subdivision on file in the office of the Recorder, Ada County, Idaho, more particularly described as follows: BEGINNING at a brass cap monument marking the southeasterly corner of said SE 1/4 of the SW 1/4 (one-quarter corner) from which an aluminum cap monument marking the southwesterly corner of said SE 1/4 of the SW 1/4 bears S 89°20'30" W a distance of 11 I8.76 feet; Thence S 89°20'30" W along the southerly boundary of said SE 1/4 of the SW 1/4 a distance of 37.92 feet to a point; Thence leaving said southerly boundary N 31'46'19" W a distance of 166.58 feet to a I/2 inch diameter iron pin marking an angle point on the westerly boundary of said Lot 17; Thence N 0°31' 11 " E along the westerly boundary of said Lot 17 a distance of 245.09 feet to a I/2 inch RE -ZONE ORDINANCE - 2 2.12 ACRES FIRE SUBSTATION CITY OF MERIDIAN diameter iron, pine marking the northwesterly ,corner of said Lot 17; Thence S 89°47'03" E along the northerly boundary of said Lot 17 a distance of 255.95 feet to a 1/2 inch diameter iron pin marking the northeasterly corner of said Lot 17; Thence S 0°31' 11" W along the easterly,boundary of said Lot 17 a distance of 384.79 feet to a.point on the southerly boundary of said SW 1/4 of the SE - 1/4; Thence S 89°46'06" W a distance of 129.05 feet to the POINT OF BEGINNING. This parcel contains 2.12 acres and is subject to any easement existing or in use. SECTION 2. That the above-described real Property be, and the same is hereby re -zoned and designed (L -O) Limited Office District. SECTION 3. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps depicting the City of Meridian land use zones in accordance with this ordinance. SECTION 4. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 5. This ordinance shall be in full force and effect from and after, its passage, approval and publication, according to law. RE -ZONE ORDINANCE - 3 2.12 ACRES FIRE SUBSTATION CITY OF MERIDIAN t PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of 2 '1999- 1 APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this fday of p4 71999. 4or -x ATT ST: City Clerk i 9 d +_ = RE -ZONE ORDINANCE - 4 12.12 ACRES FIRE SUBSTATION CITY OF MERIDIAN I vGByvF,D MAY 12 1999 CITY Of MERIDIAN BEFORE THE CITY COUNCIL OF PLANNING & ZONING THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR REZONE OF APPROXIMATELY 2.12 ACRES FOR PROPOSED FIRE SUBSTATION RZ- 99-002 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND REZONING The above entitled matter on the rezoning application of 1.936 acres having come on for public hearing on April 6, *1999, at the hour of 7:30 o'clock p.m., and Council having received the report of Shari Stiles, Planning and Zoning Administrator, and Kenny Bowers, Meridian Fire Chief, and both persons having appeared on behalf of the applicant, and no one appeared in opposition of the request, and the Council having received the record of this matter made before the Planning and Zoning Commission, and having received their Recommendation to the City Council, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for rezoning was FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 2.12 ACRES FIRE`aASSTATION CITY OF MERIDIAN - 1 published for two (2) consecutive weeks prior to said public hearing scheduled for April 6, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the April 6, 1999, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code H 67-6509 and 67-6511, and H 11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629 — January 4, 1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 2.12 acres in size. The property FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 2.12 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 2 is generally located on the north side of Franklin Road, between 5th Ave. and Baltic Place, in Meridian. 5. The owner of record of the subject property is the City of Meridian, of 33 East Idaho St., Meridian, Idaho. 6. The Applicant is the owner of record. 7. The property is presently zoned as Light Industrial (I -L). 8. The Applicant requests the property be rezoned to Limited Office 9. The proposed site is adjacent to light industrial offices, commercial development and warehouse structures. The site is east of the Artech building and west of the Thomas buildings on Franklin Rd. Meridian. 10. The subject property is within the city limits of the City of 11. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 12. The Applicant proposes to develop the subject property in the following manner: Construct and utilize a three -bay Meridian District Fire Station on Lot 17, Block 3 of the Meridian Business Park Subdivision. 13. The Applicant's requested rezoning of the subject real property as Limited Office (L -O) is consistent with the commercial designation on the Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 2.12 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 3 Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban Development. This proposed zoning amendment falls within the scope and policies of the City's Comprehensive Plan. The "Future Conditions" section of the "Public Services, Utilities and Energy Resources" chapter (page 36), Fire and Life Safety services are listed as one of seven (7) major services which citizens feel have the greatest impact on quality of life. The "Public Safety Goal Statement" (page 41), section 6. 1, states, "To ensure adequate protection for new developments, provisions shall be made for satellite fire stations. Sub -section 6.1 5U (page 42) under the same section states, "The recommended service standard for the Meridian/Rural Fire Department shall be based on 24-hour service at the downtown main fire station, with satellite fire stations comprising a 10,000 to 15,000 sq. ft. lot with a 3,000 sq. ft. building of residential type construction and character, containing a squad truck and tanker truck, operating personnel and support staff." 14. Giving due" consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Planning and Zoning Administrator and Assistant City Engineer FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 2.12 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 4 Recommendations as follows: 14.1 The request for rezoning to L -O will comply with the Zoning Ordinance to permit the fire station, as public uses are specifically prohibited in the I -L zone. 14.2 Any existing irrigation/drainage ditches crossing the property to be included in the subject project shall be tiled per City Ordinance 11-9-605.M. Council may waive the requirement for piping if it determines that the public purpose requiring such will not be served in the individual case. The ditches to be piped shall be designated on future site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. If the ditch is not piped it should be developed as an amenity. 14.3 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 14.4 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 14.5 Landscaping shall be provided in accordance with City Ordinance and will be reviewed during the building permit application process. 14.6 Paved parking shall be provided in accordance with City Ordinance and will be reviewed during the building permit application process. 14.7 As Franklin Road is designated as an entrance corridor in the Meridian Comprehensive Plan, a 35 -foot -wide landscaped setback shall be provided. 14.8 Sanitary sewer and water services are not existing at this location. Sanitary sewer services shall be extended into the lot from the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 2.12 ACRES FIRE SUBSTATION CITY OF MERIDIAN 5 north. Easements from adjacent lots will be required to gain access to existing sewer mains. Water is available along the northern boundary along Franklin Road. Adopt the Ada County Highway District's Recommendations as follows: 14.9 City shall dedicate 48 -feet of right-of-way from the section line of Franklin Road abutting the parcel (3 additional feet) by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The City will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the City submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 14.10 The main project entrance shall be constructed on Franklin Road as proposed (the emergency vehicle egress) approximately 80 feet east of the west property line. The emergency vehicle driveway maybe 100 feet wide as proposed. 14.11 The secondary, employee entrance on Franklin Road shall be constructed as proposed (staff ingress and egress) approximately 5 feet west of the east property line. The staff driveway may be 24 to 30 feet wide as proposed. 14.12 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 14.13 Other than the access point specifically approved with this application, direct lot or parcel access to Franklin Road is prohibited. 14.14 If the applicant wishes to construct an emergency vehicle access signal, the sum of $15,000.00 shall be deposited to the Public Rights -of -Way Trust Fund for the construction of an emergency vehicle access signal on Franklin Road at the main site entrance. The Planning and Zoning Commission further advises: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 2.12 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 6 14.15 Architecture of the subject development should be compatible with the surrounding property. 15. There are no major or scenic features of major importance that affect the consideration of this application. 16. The area will have vehicular approaches to the subject property which shall be so designated as not to create an interference with traffic on surrounding public streets. CONCLUSIONS OF LAW 1. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 2. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 3. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 3.1 This proposed zoning amendment falls within the scope and policies of the City's Comprehensive Plan. The "Future Conditions" section of the "Public Services, Utilities and Engergy Resources" chapter (page 36), Fire and Life Safety services are FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 2.12 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 7 listed as one of seven (7) major services which citizens feel have the greatest impact on quality of life. 3.2 The "Public Safety Goal Statement" (page 41), section 6. 1, states, "To ensure adequate protection for new developments, provisions shall be made for satellite fire stations. Sub -section 6.1 5U (page 42) under the same section states, "The recommended service standard for the Meridian/Rural Fire Department shall be based on 24-hour service at the downtown main fire station, with satellite fire stations (locations shown on land -use map) comprising a 10,000 to 15,000 sq. ft. lot with a 3,000 sq. ft. building of residential type construction and character, containing a squad truck and tanker truck, operating personnel and support staff." 4. The requested zoning of Limited Office, (L -O) is defined in the Zoning Ordinance at 11-2-408B(7) as follows: (L -O) Limited Office District: The purpose of the (L -O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L -O District is designed to act as a buffer between other more intense non-residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer systems of the City of Meridian is a requirement in this district. 5. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, C, Industrial, lists industrial uses allowed in the various zoning district of the City which provides that public and quasi public uses are permitted uses in the (L-Oj Limited Office District zone. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 2.12 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 8 6. That Idaho Code § 67-6511 provides and requires that the City shall establish by ordinance one or more zones or zoning districts in accordance with the adopted Comprehensive Plan and the ordinance establishing zoning districts can be amended with particular consideration given to the effects of any proposed zone change upon the delivery of services by any political subdivision providing public services, including school districts, within the City's planning jurisdiction and that it is in conformance with the Comprehensive Plan. follows: 7. § 11-2-407 A ZONING DISTRICT MAP provides in part as The districts established in this Ordinance as shown on the Official Zoning Map, together with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the Official Zoning Map, the following shall apply: 7.1 Where district boundaries are indicated as approximately following the centerline of street lines, highway right-of-way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary; 7.2 Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; 7.3 Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map; and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 2.12 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 9 7.4 Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line. 8. That § 11-2-416 K GENERAL STANDARDS APPLICABLE TO ZONING AMENDMENTS provides in part as follows: The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; 2. Is the area included in the zoning amendment intended to be rezoned in the future; 3. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning - for example, a residential area turning into commercial area by means of conditional use permits; 4. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; 5. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 6. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 2.12 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 10 7. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 8. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 9. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 10. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 11. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 12. Is the proposed zoning amendment in the best interest of the City of Meridian. 9. That at § 11-2-417 A and C it states in part as follows: 2-417 A Prior to annexation of an unincorporated area, the Council shall request and receive a recommendation from the Planning and Zoning Commission on the proposed annexation and the proposed zoning for the annexed area. The Commission, the City, the applicant, and the Council shall follow the notice and hearing procedures provided in Section 11-2-416, Zoning Amendment Procedures. Provided, however, that the final decision of the Council shall not be appealable since such decision is a legislative function even though the procedure is designed FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 2.12 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 11 to be quasi-judicial in nature and provides due process to the applicant. The application for annexation shall include a request for a zoning designation and, upon annexation, the property shall be zoned; however, procedurally, the property shall be deemed to have been annexed prior to being zoned and for appeal rights, there can be no appeal from the zoning decision if the property is not first annexed. If the annexation shall necessitate an amendment to the Comprehensive Plan, the Commission shall advise the applicant to request a Comprehensive Plan Amendment prior to further consideration of the annexation. If the Commission and Council approve an annexation request, the Commission and Council shall insure that said annexation is in accord with this Ordinance and the Comprehensive Plan. 2-417 C No property shall be annexed and zoned if it is not within the Meridian Urban Service Planning Area as set forth in the Meridian Comprehensive Plan. An application for annexation and zoning of land not within the Meridian Urban Service Planning Area may be submitted to the City if it is accompanied by an application to amend the Meridian Comprehensive Plan to change the Meridian urban Service Planning Area to have the land for which annexation has been applied for included in the Meridian Urban Service Planning Area. The application to amend the Comprehensive Plan and Meridian Urban Service Planning Area must be processed and granted either simultaneously or prior to the annexation application. If the application to amend the Comprehensive Plan and the Urban Service Planning Area is not granted, the annexation application shall not be granted. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 2.12 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 12 DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order: That the City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the redesignation of the zoning for the real Property included in the application to (L -O) Limited Office District. 2. The Meridian City Council hereby approves the rezoning as requested by the Applicant for the property described in the application subject to the following: 2.1 The request for rezoning to L -O will comply with the Zoning Ordinance to permit the fire station, as public uses are specifically prohibited in the I -L zone. 2.2 Any existing irrigation/drainage ditches crossing the property to be included in the subject project shall be tiled per City Ordinance 11-9-605.M. Council may waive the requirement for piping if it determines that the public purpose requiring such will not be served in the individual case. The ditches to be piped shall be designated on future site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. If the ditch is not piped it should be developed as an amenity. 2.3 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 2.12 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 13 2.4 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 2.5 Landscaping shall be provided in accordance with City Ordinance and will be -reviewed during the building permit application process. 2.6 Paved parking shall be provided in accordance with City Ordinance and will be reviewed during the building permit application process. 2.7 As Franklin Road is designated as an entrance corridor in the Meridian Comprehensive Plan, a 35 -foot -wide landscaped setback shall be provided. 2.8 Sanitary sewer and water services are not existing at this location. Sanitary sewer services shall be extended into the lot from the north. Easements from adjacent lots will be required to gain access to existing sewer mains. Water is available along the northern boundary along Franklin Road. 2.9 City shall dedicate 48 -feet of right-of-way from the center line of Franklin Road abutting the parcel (3 additional feet) by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The City will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the City submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance # 188. 2.10 The main project entrance shall be constructed on Franklin Road as proposed (the emergency vehicle egress) approximately 80 feet east of the west property line. The emergency vehicle driveway maybe 100 feet wide as proposed. 2.11 The secondary, employee entrance on Franklin Road shall be constructed as proposed (staff ingress and egress) approximately 5 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 2.12 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 14 feet west of -the east property line. The staff driveway may be 24 to 30 feet wide as proposed. 2.12 As required by District policy, restrictions on the wfAth, number and locations of driveways, shall be placed on future development of this parcel. 2.13 Other than the access point specifically approved with this application, direct lot or parcel access to Franklin Road is prohibited. 2.14 If the applicant wishes to construct an emergency vehicle access signal, the sum of $15,000.00 shall be deposited to the Public Rights -of -Way Trust Fund for the construction of an emergency vehicle access signal on Franklin Road at the main site entrance. 2.15 Architecture of the subject development should be compatible with the surrounding property. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 2.12 ACRES TIRE SUBSTATION CITY OF MERIDIAN - 15 NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the rezoning may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on G"D 1999. ROLL CALL COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILMAN GLENN BENTLEY COUNCILMAN CHARLIE ROUNTREE MAYOR ROBERT CORRIE (TIE BREAKER) DATED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 2.12 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 16 VOTED VOTED VOTED (� VOTED VOTED MOTION: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. By: Dated: City Clerk 10%""11111#11,111 msg/ZAWork\M\Meridian 15360M\Fire Dept�AZR$'l r, Slim ? It T ism • JJJ!!1 q1N FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF . REZONING OF 2.12 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 17 May 6, 1999 Ms. Sherry Styles Meridian Planning & Zoning City Hall, 33 E. Idaho Meridian, ID 83642_ RE: Meridian=Fire Station - Dear Sherry: I_1 AL IU IF : aaQo► aoa JENSENBELTS ASSOCIATES Site Planning Lan VCj!jjmV MAY 12 1999 t- TY ANNNIING Z MERIDUNG Pursuant to our conversation yesterday, the following is a calculation of tree caliper inches for trees as specified on the Planting Plan dated 4/30/99. As discussed, the lack of availability of 3 inch caliper trees forces our request for providing an equal or greater number of caliper inches, and to provide trees of no less than 2-2'/2 inch caliper. Quantity Caliper Inch Total 6 2" 12 18 21/211 45 5 3" 18 29 Inches 75 Inches Required: 30,100 SF Paving _ 1,500 x 3 = 60 Inches (20 - 3" Caliper Trees) I'll look forward to assisting further, and welcome any additional questions or comments. Yours truly, RTES cc: Paul Marcolina, ZGA Architects 495 Main Street (Belgravia), Boise, Idaho 83702 Ph. (208) 343-7175 Fax (208) 343-7178 e-mail jba@micron.net MERIDIAN CITY COUNCIL MEETING: MAY 4. 1999 APPLICANT: CITY OF MERIDIAN AGENDA ITEM NUMBER: 8 REQUEST: REZONE ORDINANCE FOR FIRE STATION NORTH OF FRANKLIN BETWEEN 5TH & BALTIC AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 4/20/99 CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: SEE ATTACHED ORDINANCE INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Meridian City Council Meeting April 20, 1999 Page 11 ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. BIRD, YEA. ROUNTREE, YEA. MOTION CARRIED: ALL YEAS. 12. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF 1.936 ACRES FROM I -L TO L -O FOR MERIDIAN FIRE STATION BY CITY OF MERIDIAN – NORTH OF FRANKLIN RD, BETWEEN 5T" AVE & BALTIC PLACE: Corrie: Any comments from staff? Gigray: Mr. Mayor and members of the Council, this as the previous one there's a little difference in the amount of acreage and again this is because the inclusion of the Franklin Road that is part of this parcel. I would note that we will submit if you go ahead and approve this, I'll have my staff retype this. I see the footer still has the 1.936 on it even though everything else has been changed for signature. If you desire or you can note that that footer does not reference the amount and that the actual amount of ground is referenced in the findings because that has been changed. Corrie: Any comment from Council? Bird: I have none. Rountree: Mr. Mayor, on page 14 item 2.9 the first line, there's reference to section line of Franklin Road. That should be centerline. Corrie: Any other corrections? Okay, I'll entertain a motion on item number 12. Bird: Mr. Mayor I move that we pass the Findings of Fact and Conclusions of Law for the request to rezone of 2.12 acres from I -L to L -O for the Meridian Fire Station by City of Meridian, north of Franklin Road between 5th Avenue and Baltic Place and that in the conclusions of law, the footers be changed to 2.12 and also the change on 2.9 from section line to center line. Bentley: Second. Corrie: Motion made by Mr. Bird second by Mr. Bentley to approve the Findings of Fact and Conclusions of Law item number 12 with the corrections as stated. Any further discussion? ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD, YEA, MOTION CARRIED: ALL YEAS. 13. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR VACATION OF INGRESS/EGRESS & UTILITIES EASEMENTS FOR ROARING SPRINGS WATER PARK BY REED BOWEN, JR.— NORTH OF OVERLAND RD, EAST OF BLUE MARLIN LN: CITY OF MERIDIAN ORDINANCE NO. 5>1 AN ORDINANCE FINDING THAT THE OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY THAT LIES WITHIN THE BOUNDARIES OF THE CITY OFMERIDIANFROM I -L (LIGHT INDUSTRIAL) ZONING DISTRICT TO L -O (LIMITED OFFICE DISTRICT) AS DEFINED UNDER §11-2-408B(7) OF THE MUNICIPAL CODE OF THE CITY OF MERIDIAN, REPEALING ALL ORDINANCES; RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID REZONING DESIGNATION TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN,, IDAHO. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: 1. The owner of the following described property has made a written request fora re -zone of the zoning, classification for the subject Real Property herein described from I-L(Light Industrial) District to L -O I",,' .: (Limited Office) District as defined under § 11-2- 408B(7) of,the Municipal Code of the City of Meridian; and 1. 2. The City of Meridian Planning and Zoning Commission and City Council having given notice RE -ZONE ORDINANCE 1 , 2.12;ACRES FIRE SUBSTATION CITY OF MERIDIAN and conducted all public hearings in accordance ,vith law and having issued its findings of fact and conclusions of law and Decision and Order granting the application for rezone; and 3. The real property which is the subject of this ordinance is legally described as: A parcel located in the SW 1/4 of the SE 1/4 and the SE 1/4 of the SW 1/4 of Section 7, Township 3 North, Range 1 East, Boise Meridian, and containing Lot 17 of Block 3 of the Meridian Business Park Subdivision on file in the office of the Recorder, Ada County, Idaho, more particularly described as follows: BEGINNING at a brass cap monument marking the southeasterly corner of said SE 1/4 of the SW 1/4 (one-quarter corner) from which an aluminum cap monument marking the southwesterly corner of said SE 1/4 of the SW 1/4 bears S 89°20'30" W a distance of 1118.76 feet; Thence S 89°20'30" W along the southerly boundary of said SE 1/4 of the SW 1/4 a distance of 37.92 feet to a point; Thence leaving said southerly boundary N 31'46'19" W a distance of 166.58 feet to a 1/2 inch diameter iron pin marking an angle point on the westerly boundary of said Lot 17; Thence N 0°31' 11" E along the westerly boundary of said Lot 17 a distance of 245.09 feet to a 1/2 inch RE -ZONE ORDINANCE - 2 2.12 ACRES FIRE SUBSTATION CITY OF MERIDIAN diameter iron pin marking the northwesterly corner of said Lot 17; Thence S 89°47'03" E along the northerly boundary of said Lot 17 a distance of 255.95 feet to a 1/, inch diameter iron pin marking the northeasterly corner of said Lot 17; Thence S 0°31'11" W along the easterly boundary of said Lot 17 a distance of 384.79 feet to a point on the southerly boundary of said SW 1/4 of the SE 1/4; , Thence S 89°46'06" W a distance of 129.05 feet to the POINT OF BEGINNING. This parcel contains 2.12 acres and is subject to any easement existing or in use. SECTION 2. That the above-described real Property be, and the same is hereby re -zoned and designed (L -O) Limited Office District. SECTION 3. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps depicting the City of Meridian land use zones in accordance with this ordinance. SECTION 4. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 5. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. RE -ZONE ORDINANCE - 3 2.12 ACRES FIRE SUBSTATION CITY OF MERIDIAN 4 - PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this _ day of ° , 1999. APPROVED BY THE MAYOR OF -THE CITY OF MERIDIAN, IDAHO, this _ day of , 1999. Mayor ATTEST: City Clerk RE -ZONE ORDINANCE - 4 2.12 ACRES FIRE SUBSTATION CITY OF MERIDIAN .SN 4- IIS L4 � III Iii I'I Q II V ISI LU --LS I;i III III I -Y)tN --i � I�< � --4;L LuO .SN 4- IIS L4 � III Iii I'I Q II V ISI LU I;i III z MERIDIAN CITY COUNCIL MEETING: APRIL 20. 1999 APPLICANT: CITY OF MERIDIAN AGENDA ITEM NUMBER: 12 REQUEST: REZONE OF 1.936 ACRES FOR FIRE STATION BETWEEN 5TH AND BALTIC PLACE AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 4/6/99 CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 40 MOTION CARRIED: All ayes. Anderson: I would make a motion that we approve the rezone for the .578 acres for the fire station on North Ten Mile. Bird: Second. Anderson: And direct the city attorney to prepare the Findings of Fact and Conclusions of Law and the decision of order. Rountree: Second. Corrie: Motion is made and seconded that we approve the rezone request and have the attorney draw up the Findings of Fact and Conclusions of Law and the proper order. Any further discussion? Hearing none. All those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM NO. 15: REQUEST FOR REZONE OF 1.936 ACRES FROM I -L TO L -O FOR THE MERIDIAN FIRE STATION BY THE CITY OF MERIDIAN: Corrie: I'll open the public hearing and have staffs comments first. Stiles: They didn't want to give you a chance to screw it up this time Ken. As you know this is for the property on Franklin Road, there are some extensive requirements of Ada County Highway District that they are making on this project. I believe Kenny has a proposal here to make the hunter lateral an amenity and provided that all other ordinance requirements are met, it is shown as an existing urban area and they meet the public safety goal within the Comprehensive Plan. That's all. Corrie: Now public like to issue testimony on item no. 15, Chief Bowers. KENNY BOWERS, 33 E IDAHO, MERIDIAN, ID. Bowers: I did learn something tonight, thank you Shari. I said the same thing at P & Z and they didn't catch me. Malcolm didn't catch it, so we learned something. This, is the lot next to ArchTech east of it, right by the cemetery. I learned something tonight talking with Shari and Gary that I was kind of concerned what we were going to do about the sidewalks also. Were we going to have to put them in now or if we were going to have to do the letter of credit also, or what was going to happen there. Bird: We can get a letter of credit. MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 41 Bowers: Shari believes that it's in the minutes that Winston Moore is supposed to be putting in sidewalks. Gary said that, excuse me, I'm putting Gary on the spot, that Winston Moore was supposed to be putting the sidewalks as the lots develop. I don't know quite where we are at—this is new tonight on that part for us. Bird: We'll take it. Bowers: We'll take it, you bet. I don't want to put Gary in the hot spot though. Also we have been discussing the possibility of the City'Council allowing us to landscape the Hunter Lateral that goes through there. I do have a drawing tonight and I got this at 7:30 tonight, so I haven't looked at it either, Shari has not looked at it to approve it. Basically the trees, the shrubs, the creeping red fescue (sic), the earth berms that they have put into this thing. I think it looks pretty attractive. This is the same gentleman that is doing Jabil's landscaping on the Hunter Lateral through there. That's our whole lot there yes. I'm not quite sure... (Inaudible) Bowers: So like I said, Shari hasn't got to see this either, Ron Anderson has not got to see this either. Bird: How far does that represent? How many feet does that represent, is that the ditch there and then all the landscape we are going to have (Inaudible)? Bowers: The blue stuff is water. Bird: Yeah, I realize that. Some of us have got to be on our tax property don't it? Bowers: All this stuff here will be on our tax property. Bird: Yeah, has Holly agreed to—turn that around and look at their site deal. They are showing trees and stuff over on his side. Bowers: This is his tree I believe is what they are showing. Bird: Is that existing now Kenny? f - Bowers: Yes, yes. Bird: Okay, that's what I was asking. MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 42 Rountree: That's a good holding spot for Salmon so you can have live salmon barbecue. Bowers: Live salmon barbecue. Councilman Rountree you had another question, I seen your eyes light up a little bit. Rountree: I guess, just a comment that from my perspective you guys get a golden star for turning that into an amenity and getting away from the need to tile. It's also a potential site I assume to do some training as it relates to irrigation facilities and drowning victims and pumping and all that kind of stuff. Bowers: Correct, we would be able to just push the water right back into the ditch, so we are not wasting any of it, or taking any other farmers ditch water. One of the other comments that was in here and I did not get to talk to Shari about it, was that the Ada County Highway District was not going to charge us anything for permits for another station for the impact fees. Now what... Bird: Did you get that in writing? Bowers: Malcolm did that. My question was one of the articles in here stated that we needed to sell back part of that property to Ada County Highway District. If they are not going to charge us for impact fees are we legal to charge them back for that property that they will be taking for the highway district or... Bird: You bet we are. o Rountree: You bet. Bird: Why can't we? They didn't donate anything (Inaudible) Bowers: I didn't know on that part. I need to talk to Shari a little bit about that article in here, it explains it a little bit. Stiles: Looks like it's about 70 feet in landscaping. Bird: Are we that far off the ditch? I was going to say Jimminy Christmas, that's the building. Are we open air or what? Bowers: He probably did that this afternoon also. Bird: What are you going to do put some sleeping bags out there where the guys asleep under the trees. MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 43 Bentley: Have you contacted the parks department to see if they have enough man power to mow it? Bird: The firemen can mow it. Bowers: Tom said there would be no problem what so ever. Corrie: Shari, does that require a variance for that? Rountree: We can waive it. Stiles: It's the same one that Jabil got a waiver on. Winston had previously applied for a variance on this and it was denied. We've change how we do those. If they make it an amenity and council says it's in the best interest of the city. Corrie: Okay, I just want to make sure that we all Bowers: Mayor Corrie and City Council the question that I had was 1.9 adopting the Ada County Highway District recommendations as followed. It said in there basically that we needed to submit a letter of application to the impact fee administrator prior to breaking ground in that section, so. I did not get to talk to Shari about that this afternoon. Stiles: The city has worked out an agreement with the Ada County Highway District where you would actually go to them first and get your plan stamped before you even applied for a building permit. So that would all be taken care of. Usually they can turn around those plans in two to three days and then you would just to make sure that you are compensated for that additional right-of-way. Bird: Mr. Mayor, am I reading the right thing here? Adopt Ada County District's 1.9, "City shall dedicate 40 feet (Inaudible) of right-of-way from the section line of Ten Mile Road and we are talking about the one on Franklin? Bowers: We get the wrong the road. I'm sorry, we get... Bird: Is this the one that was supposed to go with the prior one? Stiles: No. Bird: Because if we have to dedicate 48 feet out there we are in big trouble Corrie: I think you got miscued here on the streets. MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 44 Bowers: That needs to be changed in there. Stiles: It is still 48 feet from the section line on Franklin. Bird: On Franklin Road, but not Ten Mile. Stiles: They messed up. Bowers: Good catching that Keith. Bird: I couldn't believe it. Bowers: Mayor Corrie and City Council, it does state the same thing for the Ten Mile one too. 1.10, 1 know we are going backwards, but number 14 here. Rountree: From the center line. Bird: Is that from the center line Charlie? Rountree: Yeah. Bowers: From the center line. Rountree: I think that's what 1.9 should read on Franklin as well. Bird: It says section line, section line is considered, that isn't a center line is it? Rountree: I don't know where the section line is, but I think it should be center line. Corrie: ..A think it should say center line. Gigray: If it's referring to road, it should be center line. Bird: I was going to say what is a section line? That's not the center line of the road is it? Gigray: That would be the meridian. Bird: That's what I was going to say, that's the section line. Smith: (Inaudible) is the only one that is not around here that I know of, but it should say center line. MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 45 Bird: Center line Gary? Bowers: Mayor and council, was there any other questions on the Franklin one from you guys? Bentley: No. Corrie: Thank you Kenny. Is there anybody else from the public who would like to issue testimony on item no. 15 request for rezone? Bentley: Move we close the public hearing. Bird: Second it. Corrie: Motion made and seconded to close the public hearing, any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. Corrie: Discussion any questions? Hearing none, I'll entertain a motion. Anderson: Mr. Mayor, I would make a motion that we approve the rezone of the 1.936 acres for the fire station and modify the staff comments of 1.9 to read center line of Franklin Road instead of section line of Ten Mile Road, delete 1.10 on the construction of the five foot wide concrete sidewalk and direct the city attorney to prepare the Findings of Facts. (Inaudible) Anderson: I'm not sure we need to waive that because our ordinance says you either tile it or make it an amenity, so we are not (Inaudible) and instruct city attorney to prepare the Findings of Fact and Conclusions of Law and prepare the Order of Decision. Bird: Second. Corrie: Motion made by Mr. Anderson and seconded by Mr. Bird to instruct the attorney to draw up the Findings of Fact and Conclusions of Law with a modification to stay with the (Inaudible) and also to have the proper order made. Any further discussions? Hearing none. All those in favor of the motion stated say aye. All opposed no. MOTION CARRIED: All ayes. y MEM la BEFORE THE CITY COUNCIL OF APR 16 1999 THE CITY OF MERIDIAN City of Meridian City Clerk Jffie IN THE MATTER OF THE REQUEST FOR REZONE OF APPROXIMATELY 2.12 ACRES FOR PROPOSED FIRE SUBSTATION RZ- 99-002 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND REZONING The above entitled matter on the rezoning application of 1.936 acres having come on for public hearing on April 6, 1999, at the hour of 7:30 o'clock p.m., and Council having received the report of Shari Stiles, Planning and Zoning Administrator, and Kenny Bowers, Meridian Fire Chief, and both persons having appeared on behalf of the applicant, and no one appeared in opposition of the request, and the Council having received the record of this matter made before the Planning and Zoning Commission, and having received their Recommendation to the City Council, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for rezoning was FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.936 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 1 published for two (2) consecutive weeks prior to said public hearing scheduled for April 6, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the April 6, 1999, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and §§ 11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629 — January 4, 1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 2.12 acres in size. The property FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.936 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 2 is generally located on the north side of Franklin Road, between 5th Ave. and Baltic Place, in Meridian. 5. The owner of record of the subject property is the City of Meridian, of 33 East Idaho St., Meridian, Idaho. 6. The Applicant is the owner of record. 7. The property is presently zoned as Light Industrial (I -L). 8. The Applicant requests the property be rezoned to Limited Office 9. The proposed site is adjacent to light industrial offices, commercial development and warehouse structures. The site is east of the Artech building and west of the Thomas buildings on Franklin Rd. Meridian. 10. The subject property is within the city limits of the City of 11. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 12. The Applicant proposes to develop the subject property in the following manner: Construct and utilize a three -bay Meridian District Fire Station on Lot 17, Block 3 of the Meridian Business Park Subdivision. 13. The Applicant's requested rezoning of the subject real property as Limited Office (L -O) is consistent with the commercial designation on the Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.936 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 3 Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban Development. This proposed zoning amendment falls within the scope and policies of the City's Comprehensive Plan. The "Future Conditions" section of the "Public Services, Utilities and Energy Resources" chapter (page 36), Fire and Life Safety services are listed as one of seven (7) major services which citizens feel have the greatest impact on quality of life. The "Public Safety Goal Statement" (page 41), section 6. 1, states, "To ensure adequate protection for new developments, provisions shall be made for satellite fire stations. Sub -section 6.1 5U (page 42) under the same section states, "The recommended service standard for the Meridian/Rural Fire Department shall be based on 24-hour service at the downtown main fire station, with satellite fire stations comprising a 10,000 to 15,000 sq. ft. lot with a 3,000 sq. ft. building of residential type construction and character, containing a squad truck and tanker truck, operating personnel and support staff." 14. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Planning and Zoning Administrator and Assistant City Engineer FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.936 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 4 Recommendations as follows: 14.1 The request for rezoning to L -O will comply with the Zoning Ordinance to permit the fire station, as public uses are specifically prohibited in the I -L zone. 14.2 Any existing irrigation/drainage ditches crossing the property to be included in the subject project shall be tiled per City Ordinance 11-9-605.M. Council may waive the requirement for piping if it determines that the public purpose requiring such will not be served in the individual case. The ditches to be piped shall be designated on future site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. If the ditch is not piped it should be developed as an amenity. 14.3 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 14.4 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 14:5 Landscaping shall be provided in accordance with City Ordinance and will be reviewed during the building permit application process.. 14.6 Paved parking shall be provided in accordance with City Ordinance and will be reviewed during the building permit application process. 14.7 As Franklin Road is designated as an entrance corridor in the Meridian Comprehensive Plan, a 35 -foot -wide landscaped setback shall be provided. 14.8 Sanitary sewer and water services are not existing at this location. Sanitary sewer services shall be extended into the lot from the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.936 ACRES FIRE SUBSTATION CITY OF MERIDIAN - north. Easements from adjacent lots will be required to gain access to existing sewer mains. Water is available along the northern boundary along Franklin Road. Adopt the Ada County Highway District's Recommendations as follows: 14.9 City shall dedicate 48 -feet of right-of-way from the section line of Franklin Road abutting the parcel (3 additional feet) by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The City will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the City submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance # 188. 14.10 The main project entrance shall be constructed on Franklin Road as proposed (the emergency vehicle egress) approximately 80 feet east of the west property line. The emergency vehicle driveway may be 100 feet wide as proposed. 14.11 The secondary, employee entrance on Franklin Road shall be constructed as proposed (staff ingress and egress) approximately 5 feet west of the east property line. The staff driveway may be 24 to 30 feet wide as proposed. 14.12 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 14.13 Other than the access point specifically approved with,this application, direct lot or parcel access to Franklin Road is prohibited. 14.14 If the applicant wishes to construct an emergency vehicle access signal, the sum of $15,000.00 shall be deposited to the Public Rights -of -Way Trust Fund for the construction of an emergency vehicle access signal on Franklin Road at the main site entrance. The Planning and Zoning Commission further advises: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.936 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 6 14.15 Architecture of the subject development should be compatible with the surrounding property. 15. There are no major or scenic features of major importance that affect the consideration of this application. 16. The area will have vehicular approaches to the subject property which shall be so designated as not to create an interference with traffic on surrounding public streets. CONCLUSIONS OF LAW 1. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 2. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 3. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 3.1 This proposed zoning amendment falls within the scope and policies of the City's Comprehensive Plan. The "Future Conditions" section of the "Public Services, Utilities and Engergy Resources" chapter (page 36), Fire and Life Safety services are FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.936 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 7 listed as one of seven (7) major services which citizens feel have the greatest impact on quality of life. 3.2 The "Public Safety Goal Statement" (page 41), section 6.1, states, "To ensure adequate protection for new developments, provisions shall be made for satellite fire stations. Sub -section 6.1 5U (page 42) under the same section states, "The recommended service standard for the Meridian/Rural Fire Department shall be based on 24-hour service at the downtown main fire station, with satellite fire stations (locations shown on land -use map) comprising a 10,000 to 15,000 sq. ft. lot with a 3,000 sq. ft. building of residential type construction and character, containing a squad truck and tanker truck, operating personnel and support staff." 4. The requested zoning of Limited Office, (L -O) is defined in the Zoning Ordinance at 11-2-408B(7) as follows: (L -O) Limited Office District: The purpose of the (L -O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L -O District is designed to act as a buffer between other more intense non-residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer systems of the City of Meridian is a requirement in this district. 5. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, C, Industrial, lists industrial uses allowed in the various zoning district of the City which provides that public and quasi public uses are permitted uses in the (L -O) Limited Office District zone. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.936 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 8 6. That Idaho Code § 67-6511 provides and requires that the City shall establish by ordinance one or more zones or zoning districts in accordance with the adopted Comprehensive Plan and the ordinance establishing zoning districts can be amended with particular consideration given to the effects of any proposed zone change upon the delivery of services by any political subdivision providing public services, including school districts, within the City's planning jurisdiction and that it is in conformance with the Comprehensive Plan. follows: 7. § 11-2-407 A ZONING DISTRICT MAP provides in part as The districts established in this Ordinance as shown on the Official Zoning Map, together with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the Official Zoning Map, the following shall apply: 7.1 Where district boundaries are indicated as approximately following the centerline of street lines, highway right-of-way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary; 7.2 Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; 7.3 Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map; and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.936 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 9 7.4 Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line. 8. That § 11-2-416 K GENERAL STANDARDS APPLICABLE TO ZONING AMENDMENTS provides in part as follows: The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; 2. Is the area included in the zoning amendment intended to be rezoned in the future; 3. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning - for example, a residential area turning into commercial area by means of conditional use permits; 4. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; S. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 6. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.936 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 10 7. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able, for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 8. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 9. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 10. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 11. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 12. Is the proposed zoning amendment in the best interest of the City of Meridian. 9. That at § 11-2-417 A and C it states in part as follows: 2-417 A Prior to annexation of an unincorporated area, the Council shall request and receive a recommendation from the Planning and Zoning Commission on the proposed annexation and the proposed zoning for the annexed area. The Commission, the City, the applicant, and the Council shall follow the notice and hearing procedures provided in Section 11-2-416, Zoning Amendment Procedures. Provided, however, that the final decision of the Council shall not be appealable since such decision is a legislative function even though the procedure is designed FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.936 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 11 to be quasi-judicial in nature and provides due process to the applicant. The application for annexation shall include a request for a zoning designation and, upon annexation, the property shall be zoned; however, procedurally, the property shall be deemed to have been annexed prior to being zoned and for appeal rights, there can be no appeal from the zoning decision if the property is not first annexed. If the annexation shall necessitate an amendment to the Comprehensive Plan, the Commission shall advise the applicant to request a Comprehensive Plan Amendment prior to further consideration of the annexation. If the Commission and Council approve an annexation request, the Commission and Council shall insure that said annexation is in accord with this Ordinance and the Comprehensive Plan. 2-417 C No property shall be annexed and zoned if it is not within the Meridian Urban Service Planning Area as set forth in the Meridian Comprehensive Plan. An application for annexation and zoning of land not within the Meridian Urban Service Planning Area may be submitted to the City if it is accompanied by an application to amend the Meridian Comprehensive Plan to change the Meridian urban Service Planning Area to have the land for which annexation has been applied for included in the Meridian Urban Service Planning Area. The application to amend the Comprehensive Plan and Meridian Urban Service Planning Area must be processed and granted either simultaneously or prior to the annexation application. If the application to amend the Comprehensive Plan and the Urban Service Planning Area isnot granted, the annexation application shall not be granted. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.936 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 12 DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order: 1. That the City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the redesignation of the zoning for the real Property included in the application to (L -O) Limited Office District. 2. The Meridian City Council hereby approves the rezoning as requested by the Applicant for the property described in the application subject to the following: 2.1 The request for rezoning to L -O will comply with the Zoning Ordinance to permit the fire station, as public uses are specifically prohibited in the I -L zone. 2.2 Any existing irrigation/drainage ditches crossing the property to be included in the subject project shall be tiled per City Ordinance 11-9-605.M. Council may waive the requirement for piping if it determines that the public purpose requiring such will not be served in the individual case. The ditches to be piped shall be designated on future site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. If the ditch is not piped it should be developed as an amenity. 2.3 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.936 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 13 2.4 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 2.5 Landscaping shall be provided in accordance with City Ordinance and will be reviewed during the building permit application process. 2.6 Paved parking shall be provided in accordance with City Ordinance and will be reviewed during the building permit application process. 2.7 As Franklin Road is designated as an entrance corridor in the Meridian Comprehensive Plan, a 35 -foot -wide landscaped setback shall be provided. 2.8 Sanitary sewer and water services are not existing at this location. Sanitary sewer services shall be extended into the lot from the north. Easements from adjacent lots will be required to gain access to existing sewer mains. Water is available along the northern boundary along Franklin Road. 2.9 City shall dedicate 48 -feet of right-of-way from the section line of Franklin Road abutting the parcel (3 additional feet) by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The City will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the City submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 2.10 The main project entrance shall be constructed on Franklin Road as proposed (the emergency vehicle egress) approximately 80 feet east of the west property line. The emergency vehicle driveway maybe 100 feet wide as proposed. 2.11 The secondary, employee entrance on Franklin Road shall be constructed as proposed (staff ingress and egress) approximately 5 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.936 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 14 feet west of the east property line. The staff driveway may be 24 to 30 feet wide as proposed. 2.12 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 2.13 Other than the access point specifically approved with this application, direct lot or parcel access to Franklin Road is prohibited. 2.14 If the applicant wishes to construct an emergency vehicle access signal, the sum of $15,000.00 shall be deposited to the Public Rights -of -Way Trust Fund for the construction of an emergency vehicle access signal on Franklin Road at the main site entrance. 2.15 Architecture of the subject development should be compatible with the surrounding property. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.936 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 15 NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the rezoning may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on 1999. ROLL CALL COUNCILMAN RON ANDERSON VOTED COUNCILMAN KEITH BIRD VOTED COUNCILMAN GLENN BENTLEY VOTED COUNCILMAN CHARLIE ROUNTREE VOTED MAYOR ROBERT CORRIE (TIE BREAI(ER) VOTED DATED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.936 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 16 MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. Dated: City Clerk msg/ZAWork\M\Meridian 15360M\Fire Dept\AZRZ1.936.Fcs FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.936 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 17 MERIDIAN CITY COUNCIL MEETING: APRIL 6, 1999 APPLICANT: CITY OF MERIDIAN AGENDA ITEM NUMBER: REQUEST: REZONE OF 1.936 ACRES FOR FIRE STATION AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: SEE ATTACHED RECOMMENDATION FROM P & Z CITY POLICE DEPT: REVIEWED CITY FIRE DEPT: REVIEWED CITY BUILDING DEPT: CITY WATER DEPT: REVIEWED MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: REVIEWED NAMPA MERIDIAN IRRIGATION: REVIEWED SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian - MERIDIAN PLANNING AND ZONING COMMISSION MARCH 9, 1999 PAGE 24 I guess if nobody wants to speak they are in favor for it. Anybody want to speak in the opposite direction for the firestation? De Weerd: I just can't wait to see what all these people are here for. MacCoy: Since there is none on either side, and there are no questions for Kenny, staff do you have anything you want to add to this? De Weerd: Mr. Chairman, I move that we close the public hearing. Smith: Second. MacCoy: Any discussion for that? All in favor? MOTION CARRIED: All ayes. De Weerd: Mr. Chairman, I move that we recommend approval of the rezone of .578 acres from R-15 to L -O. Borup: Second. Rossman: With staff comments. De Weerd: With staff comments, thank you. MacCoy: We got a second I heard on that from Commissioner Borup. Any discussion? All in favor? MOTION CARRIED: All ayes. " ITEM NO. 10: PUBLIC HEARING: REQUEST FOR REZONE OF 1.936 ACRES FROM I -L TO L -O FOR MERIDIAN FIRE STATION BY CITY OF MERIDIAN — NORTH OF FRANKLIN RD, BETWEEN 5T" AVE & BALTIC PLACE: MacCoy: Staff? Stiles: Chairman MacCoy, commissioners, this is for the proposed firestation site on Franklin Road, across from the cemetery, it would be directly east of Artech and the same reason for the rezone, it's currently zoned light industrial and needed to be rezoned to L -O to permit the public use of a firestation. We have submitted our comments, if your packets are also out of order for the Ada County Highway District comments, I ask that you incorporate their appropriate report as such time as that comes in. MERIDIAN PLANNING AND ZONING COMMISSION MARCH 9, 1999 PAGE 25 MacCoy: Bruce, do you have anything? Freckleton: I have nothing. MacCoy: I will open the public hearing now, will the applicant step forward once again. KENNY BOWERS, 33 E. IDAHO, MERIDIAN, ID. Bowers: Basically this is the same thing as item no. 9, they wanted us to rezone it to L -O. This is the property just directly east of Artech across the road from the cemetery. On this project, we do not have any drawings to show you for the building. We are working on the square footage and trying to get the offices, the bays and the living quarters to fit in the two acres, or 1.9 acres. The only thing we are having problems trying to find the sewer at this time, we believe we've found it out there so. MacCoy: You want to make any statement about what kind of station it's going to be. Bowers: This station here at Franklin will be a three bay station with double trucks that will -be back nose to tail on them. On the east side of the building will be offices. On the west side of the building will be living quarters, kitchen area, physical fitness room, stuff like that. That building in that area will have to be approved by the people at Artech before it can be built. It has to be built out of brick, it can not be any metal. So it will be a very pleasing looking building. It won't be sticking out of the way out there. MacCoy: Kenny is right, I've served on the committee for this thing architecturally, I think the city will be very pleased with what has come out of this. We have got some real good work in place on this thing for not only the firemen that have to live there, but for the city that will see it and receive the services from it. It will really be a gem in our community I think. Kenny and his people have done a lot of very hard work to make sure it does come out that way. Okay thank you Kenny. Do we have anybody here, since it's a public hearing that would speak in favor of the building, or wants to speak in favor of the building? You are going to have a brand new firestation. How about on the other side of the fence, anyone want to speak? Okay. Smith: Mr. Chairman, I would like to make a motion that we close the public hearing. Borup: Second. MacCoy: All in favor? MERIDIAN PLANNING AND ZONING COMMISSION MARCH 9, 1999 PAGE 26 MOTION CARRIED: All ayes. MacCoy: Next motion? Smith: I would like to make a motion that we recommend to the City Council approval of the request for rezone from I -L to L -O. De Weerd: To include staff comments. Smith: Including staff comments. De Weerd: Second. MacCoy: Any discussion? All in favor? MOTION CARRIED: All ayes. Rossman: Just for the record, when one indicates staff comments, that would include ACHD and departments within the city. MacCoy: Eric, do you want that spelt out that way? Rossman: No, that's fine, just so it's in the record that that is what the commissioners mean when they say staff comments. ITEM NO.11: PUBLIC HEARING: REQUEST FOR REZONE OF 9.838 ACRES FROM R-8 WITH CONDITIONS FOR TOWNHOUSES TO R-8 WITHOUT CONDITIONS FOR PROPOSED TREMONT PLACE SUBDIVISION BY LUNA VISTA, INC.—BROADWAY & 8TH STREET (725 W. 8TH): MacCoy: Staff? Stiles: Chairman MacCoy, commissioners, we have reviewed this application, you have our comments dated March 5, 1999. We did receive a revised plat, got it in our boxes today along with the applicants response. Most of the issues that remain deal with public works department and services to the project. We would ask that the project be continued to your April meeting, so that we can do the necessary studies and review the amended application. That's it. MacCoy: All right commissioners, you've heard the recommendation from staff. Smith: Mr. Chairman, I would like to make a motion that we continue this item until our April 13th meeting to allow staff to have necessary time to review the revised and amended material as well as the commission. MERIDIAN PLANNING AND ZONING MEETING: MARCH 9 1999 APPLICANT: CITY OF MERIDIAN ITEM NUMBER: 10 REQUEST: REZONE 1.936 ACRES FROM I -L TO L -O AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: SEE ATTACHED STAFF COMMENTS SEE ATTACHED STAFF COMMENTS REVIEWED REVIEWED REVIEWED SEE ATTACHED COMMENTS CJ (---- REVIEWED REVIEWED All Materials presented at public meetings shall become property of the City of Meridian. MEMORANDUM: March 5, 1999 To: Planning & Zoning Commission/Mayor & Council From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, Planning & Zoning Administrator Re: Request for Rezone from I -L to L -O of 2.12 Acres by City of Meridian for Fire Station We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS 1. This application is for a parcel of land on Franklin Road within the Meridian Business Park Subdivision. The lot is just east of the Art Tech building and west of the Thomas buildings on Franklin Road. 2. The request for rezoning to L -O will comply with the Zoning Ordinance to permit the fire station, as public uses are specifically prohibited in the I -L zone. GENERAL REQUIREMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Council may waive the requirement for piping if it determines that the public purpose requiring such will not be served in the individual case. The ditches to be piped should be shown on future site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. If the ditch is not piped, it should be developed as an amenity. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. Franklin Fire Station.RZ HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT Council Members CITY OF MERIDIAN (208)884-4264 CHARLES ROUNTREE 33 EAST IDAHO PUBLIC WORKS BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 RON ANDERSON Phone (208) 888-4433 - Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD DEPARTMENT (208)884-5533 MEMORANDUM: March 5, 1999 To: Planning & Zoning Commission/Mayor & Council From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, Planning & Zoning Administrator Re: Request for Rezone from I -L to L -O of 2.12 Acres by City of Meridian for Fire Station We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS 1. This application is for a parcel of land on Franklin Road within the Meridian Business Park Subdivision. The lot is just east of the Art Tech building and west of the Thomas buildings on Franklin Road. 2. The request for rezoning to L -O will comply with the Zoning Ordinance to permit the fire station, as public uses are specifically prohibited in the I -L zone. GENERAL REQUIREMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Council may waive the requirement for piping if it determines that the public purpose requiring such will not be served in the individual case. The ditches to be piped should be shown on future site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. If the ditch is not piped, it should be developed as an amenity. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. Franklin Fire Station.RZ P&Z Commission/Mayor & Council March 5, 1999 Page 2 3. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 4. Landscaping needs to be provided in accordance with City Ordinance and will be reviewed during the building permit application process. 5. Paved parking needs to be provided in accordance with City Ordinance and will be reviewed during the building permit application process. 6. As Franklin Road is designated as an entrance corridor in the Meridian Comprehensive Plan, a 35 -foot -wide landscaped setback should be provided. 7. Sanitary sewer and water services are not existing at this location. Sanitary sewer services will need to be extended into the lot from the north Easements from adjacent lots will more than likely be needed to gain access to existing sewer mains. Water is available along the northern boundary along Franklin Road. Franklin Fire Station.RZ BEFORE THE PLANNING AND ZONING COMMISSI In The Matter of The REQUEST FOR REZONE of APPROXIMATELY 1.936 ACRES FOR PROPOSED FIRE SUBSTATION Case No. RZ-99-002 BE, C-�W APR 0 1 1999 City of Meridiani City Clerk "ffiee RECOMMENDATION TO CITY COUNCIL INTRODUCTION 1. The property is approximately 1.936 acres in size. The property is generally located on the north side of Franklin Road, between 5`h Ave. and Baltic Place, in Meridian. 2. The owner of record of the subject property is the City of Meridian, of 33 East Idaho St., Meridian, Idaho. 3. The Applicant is the owner of record. 4. The property is presently zoned as Light Industrial (I -L). 5. The Applicant requests the property be rezoned to Limited Office (L -O). 6. The proposed site is adjacent to light industrial offices, commercial development and warehouse structures. The site is east of the Artech building and west of the Thomas buildings on Franklin Rd. 7. The subject property is within the city limits of the City of Meridian. 8. The entire parcel of the property is included within the Meridian Urban RECOMMENDATION TO CITY COUNCIL - 1 REQUEST FOR REZONE OF 1.936 ACRES - MERIDIAN FIRE DEPARTMENT Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. The Applicant proposes to develop the subject property in the following manner: Construct and utilize a three -bay Meridian District Fire Station on Lot 17, Block 3 of the Meridian Business Park Subdivision. 10. The Applicant's requested rezoning of the subject real property as Limited Office (L -O) is consistent with the commercial designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban Development. This proposed zoning amendment falls within the scope and policies of the City's Comprehensive Plan. The "Future Conditions" section of the "Public Services, Utilities and Energy Resources" chapter (page 36), Fire and Life Safety services are listed as one of seven (7) major services which citizens feel have the greatest impact on quality of life. The "Public Safety Goal Statement" (page 41), section 6. 1, states, "To ensure adequate protection for new developments, provisions shall be made for satellite fire stations. Sub -section 6.1 5U (page 42) under the same section states, "The recommended service standard for the Meridian/Rural Fire Department shall be based on 24-hour service at the downtown main fire station, with satellite fire stations comprising a 10,000 to 15,000 sq. ft. lot with a 3,000 sq. ft. building of residential RECOMMENDATION TO CITY COUNCIL - 2 REQUEST FOR REZONE OF 1.936 ACRES - MERIDIAN FIRE DEPARTMENT type construction and character, containing a squad truck and tanker truck, operating personnel and support staff." 11. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the rezoning as requested by the Applicant for the property described in the application subject to the following: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 1.1 The request for rezoning to L -O will comply with the Zoning Ordinance to permit the fire station, as public uses are specifically prohibited in the I -L zone. 1.2 Any existing irrigation/drainage ditches crossing the property to be included in the subject project shall be tiled per City Ordinance 11-9-605.M. Council may waive the requirement for piping if it determines that the public purpose requiring such will not be served in the individual case. The ditches to be piped shallbe designated on future site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. If the ditch is not piped it should be developed as an amenity. 1.3 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as RECOMMENDATION TO CITY COUNCIL - 3 REQUEST FOR REZONE OF 1.936 ACRES - MERIDIAN FIRE DEPARTMENT landscape irrigation. 1.4 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 1.5 Landscaping shall be provided in accordance with City Ordinance and will be reviewed during the building permit application process. 1.6 Paved parking shall be provided in accordance with City Ordinance and will be reviewed during the building permit application process. 1.7 As Franklin Road is designated as an entrance corridor in the Meridian Comprehensive Plan, a 35 -foot -wide landscaped setback shall be provided. 1.8 Sanitary sewer and water services are not existing at this location. Sanitary sewer services shall be extended into the lot from the north. Easements from adjacent lots will be required to gain access to existing sewer mains. Water is available along the northern boundary along Franklin Road. Adopt the Ada County Highway District's Recommendations as follows: 1.9 City shall dedicate 48 -feet of right-of-way from the section line of Ten Mile Road abutting the parcel (3 additional feet) by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The City will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the City submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 1.10 The City shall construct a 5 -foot wide concrete sidewalk on Franklin Road abutting the parcel. The sidewalk shall be located 2 feet within the new right-of-way of Franklin Road. 1.11 The main project entrance shall be constructed on Franklin Road as proposed (the emergency vehicle egress) approximately 80 feet east of RECOMMENDATION TO CITY COUNCIL - 4 REQUEST FOR REZONE OF 1.936 ACRES - MERIDIAN FIRE DEPARTMENT the west property line. The emergency vehicle driveway may be 100 feet wide as proposed. 1.12 The secondary, employee entrance on Franklin Road shall be . constructed as proposed (staff ingress and egress) approximately 5 feet west of the east property line. The staff driveway may be 24 to 30 feet wide as proposed. 1.13 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel'. 1.14 Other than the access point specifically approved with this application, direct lot or parcel access to Franklin Road is prohibited. 1.15 If the applicant wishes to construct an emergency vehicle access signal, the sum of $15,000.00 shall be deposited to the Public Rights -of -Way Trust Fund for the construction of an emergency vehicle access signal on Franklin Road at the main site entrance. The Planning and Zoning Commission further advises: 1.16 Architecture of the subject development should be compatible with the surrounding property. Z.\Work\M\N4eridian 15360M\Fire Dept\FireStat2RZ.Rec RECOMMENDATION TO CITY COUNCIL - 5 REQUEST FOR REZONE OF 1.936 ACRES - MERIDIAN FIRE DEPARTMENT HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (208) 884-4264 Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY NIERIDIAN, IDAHO 8364 (208) 887-2211 1E IVEDA RON ANDERSON Phone (208) 888-4433 • Fax (208) 88 913 NNING AND ZONING "1 - 1�3 DEPARTMENT KEITH BIRD i J J (208) 884-5533 3 "clan City t term Office TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 2, 1999 TRANSMITTAL DATE:_ February 8, 1999 HEARING DATE: March 9, 1999 FILE NUMBER: RZ-99-002 REQUEST: REZONE OF 1.936 ACRES FROM I -L TO L -O BY: CITY OF MERIDIAN LOCATION OF PROPERTY OR PROJECT: NORTH OF FRANKLIN RD, BETWEEN 5TH AVE & BALTIC PLACE _ TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT BUILDING DEPARTMENT ,FiRE DEPARTMENT OLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER YOUR CONC ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA,gOUNTY (ANNEXATION) Mayor HUB OF TREASURE VALLEY MALCOLM MACCOY, P/Z ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT mn i1 M mbm CITY OF MERIDIAN (208) 88-4-4264 CHARLES ROUNTREE _RON _CHARLIE ROUNTREE, C/C PUBLIC WORKS _KEITH BIRD, C/C LENN BENTLEY, C/C 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 837-2211 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD _POLICE DEPARTMENT DEPARTMENT CITY ATTORNEY ��lp�22-.5 ('_08)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by:_ March 2, 1999 TRANSMITTAL DATE: February 8 1999 HEARING DATE: March 9, 1999 FILE NUMBER: RZ-99-002 REQUEST: REZONE OF 1.936 ACRES FROM I -L TO L -O BY: CITY OF MERIDIAN LOCATION OF PROPERTY OR PROJECT: NORTH OF FRANKLIN RD BETWEEN 5TH AVE & BALTIC PLACE TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MARK NELSON, P/Z SMITH, P/Z ADA COUNTY HIGHWAY DISTRICT _BYRON _KEITH BORUP, P/Z ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH _ROBERT CORRIE, MAYOR ANDERSON, C/C NAMPA MERIDIAN IRRIGATION DISTRICT _RON _CHARLIE ROUNTREE, C/C SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) _KEITH BIRD, C/C LENN BENTLEY, C/C U.S. WEST(PRELIM & FINAL PLAT) WATER DEPARTMENT INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) DEPARTMENT BUREAU OF RECLAMATION (PRELIM & FINAL) _SEWER _BUILDING DEPARTMENT IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) _FIRE DEPARTMENT _POLICE DEPARTMENT YOUR CONCISE REMARKS: CITY ATTORNEY ��lp�22-.5 E 9 - v 1999 CITY OF NAERIDLkN Acla CoUn1tj'_.1qiCthW ,2)i,jt,ict Sherry R. Huber, President 318 East 37th Street Judy Peavey -Derr, Vice President Garden City, Idaho 83714-6499) Marlyss Meyer Routson, Secretary Phone (208) 387-6100 Dave Bivens, Commissioner Fax (208) 387-6391 VED Susan S. Eastlake, Commissioner e-mail: tellus@achd ada id us MAR 10 1999 March 4, 1999 City of Meridian City Clerk Office TO: City of Meridian City Clerk Dept 33 E.Idaho Meridian, ID 83642 FROM: Steve Arnold, Senior Analyst Planning & Development Division SUBJECT: MRZ-99-0002 Franklin Road/5th Avenue Rezone from I -L to L -O Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on March 3, 1999. The attached staff report lists conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 387-6170. SA cc: Plan&Dev Svcs-chron/file John Edney Chuck Rinaldi City of Meridian MRZ-99-002 ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report Franklin Road/5th Avenue Rezone from I -L to L -O The applicant is requesting conditional use approval to rezone Lot 17, Block 3 of the Meridian Business Park subdivision from I -L (industrial) to L -O (office). The 1.936 -acre site is located on the north side of Franklin Road between East 5th Avenue and Baltic Street. The site is proposed as a City of Meridian Fire Station. The rezone is needed to allow for a zoning classification in which public uses are permitted outright. This development is estimated to generate 64 additional vehicle trips per day based on the District's traffic counts at other locations. Roads impacted by this development: Franklin Road Stratford Drive ACHD Commission Date -March 3, 1999 - 12:00 p.m. 's I p ffg 2,12 A= 33 ^ ; ! •. 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O6"firs M .1t.w.00 •ol,lC.00 S 7tf]17At 'a1L itT1 _ =L"■L5 = r 3211 911 31114 2 Oa e '° ; I I �I I • �I I �� 3 �� sl m F•r�1 _••ST-M_f 19M4 'F[N Op'N, 40 3 _ll,lf.00 N W OaMM" NOW007 "WIN 2"04 �. u =+-�� VON Nn01tl311 'N 7/3 _- � ,ILI—s �` 9 j� 3 i iL1•! 8 rtir/ at:ois.�i - _ e<a 1 tc.sene r y M 'YC, b' I <,rLm, iQir2 l .I�NaO n yi �•� ~ � i f f'�'� g IX 22 's I p ffg 2,12 A= 33 ^ ; ! •. O6"firs M .1t.w.00 •ol,lC.00 S 7tf]17At 'a1L itT1 _ =L"■L5 = r 3211 911 31114 2 Oa e '° ; I I �I I • �I I �� 3 �� sl m F•r�1 _••ST-M_f 19M4 'F[N Op'N, 40 3 _ll,lf.00 N W OaMM" NOW007 "WIN 2"04 �. u =+-�� VON Nn01tl311 'N 7/3 _- � itIII / I ❑ II II i I III IIII i \ \ 1 '•• � I Ij ilk IIS ` III III I � j III I11 r 1 Ifl II I 1 1 III III I I 1 1� _� —,— � oe...sr f .f I SII 11 II `�� III I I III III I I { (/ III III II — \ `� •tll it IIS IIS I� - 11 t --'�• � � -.••�. lil �� �� �� �) 1 �I Y .f It ii III IIII � I II I IIIII II 1 1 It i wA ��.� C .• - — 1. -- — — •'' O.emrep .,.1 +-- ta b[ a K cram +a _ — --- �• - w ar . nn� _ Facts and Findings: A. General Information Owner - City of Meridian Applicant - Same I -L - Existing zoning L -O - Requested zoning 1.936 - Acres 44,000 - Square feet of proposed building 0 - Square feet of existing building 0 - Total lineal feet of proposed public streets 268 - Traffic Analysis Zone (TAZ) West Ada - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District Franklin Road Principal arterial with bike lane designation Traffic count of 11,313 on 10/21/97 450 -feet of frontage 70 -feet existing right-of-way (45 -feet north of centerline) 96 -feet required right-of-way (48 -feet north of centerline) Franklin Road is improved with a 28 -foot street section without curb, gutter or sidewalk. The District has an unfunded need to improve the roadway. Stratford rive Collector with bike lane designation Traffic count of 1,030 on 8/26/97 0 -feet of frontage B. The District approved this parcel as part of the Meridian Business Park subdivision in 1995. The parcel is currently vacant. The applicant is proposing to construct a City of Meridian Fire Station. This public use is not allowed outright in an I -L (industrial) zone. The applicant is requesting a rezone to L -O (office) in which public uses such as fire stations are permitted outright. C. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Constriction Services at 387-6280 (with file numbers) for details. D. District policy previously required 45 -feet of right-of-way on the north side of Franklin Road for the Meridian Business Park subdivision in 1995. District Policy now requires 96 -feet of total right-of-way, 48 -feet north of centerline, to allow for the construction of bicycle lanes. MRZ99002.COM Page 2 Staff recommends the applicant be required to provide 48 -feet of right-of-way (3 additional feet) north of center line. E. The applicant is proposing to constrict an emergency vehicle access approximately 80 -feet east of the west property line. This location is within 150 -feet of the Stratford Drive/Franklin Road intersection and does not meet the District policy driveway offset requirement of 440 -feet. Staff supports a variance to allow the applicant to constrict the driveway in this location because this is an emergency vehicle access only and it is necessary to locate the driveway within the operational area of the anticipated traffic signal (Stratford/Franklin intersection). The emergency vehicle driveway is proposed to be 100 -feet wide and does not meet the District policy width requirement of 24 to 30 -feet width. Staff supports a variance to allow the applicant to constrict the driveway to the greater width because it is an emergency vehicle egress/ingress and it is necessary to allow for adequate vehicle flow to the arterial street system. F. The applicant is proposing to construct the secondary, employee entrance approximately 5 -feet west of the east property line. This location is within 300 -feet of the Stratford Drive/Franklin Road intersection and does not meet the District policy driveway offset requirement of 440 - feet. Staff supports a variance to allow the applicant to construct the driveway in this location because there is not a location on the subject property which meets District policy. G. Fire stations often request emergency vehicle access traffic signals at their main site entrances on arterial roadways. If the applicant wishes to construct an emergency vehicle access signal, provide a $15,000 deposit to the Public Rights -of -Way Trust fund for the construction of an emergency vehicle access signal on Franklin Road at the main site entrance. H. District policy requires the applicant to construct a 5 -foot wide concrete sidewalk on the north side of Franklin Road abutting the parcel. Coordinate the location of the sidewalk with District staff. I. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with past action by the District the applicant should be required to pave the driveways their full width and at least 50 -feet beyond the edge of pavement of Franklin Road and install pavement tapers with 25 -foot radii abutting the existing roadway edge. J. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. K. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will be adequate to accommodate additional traffic generated by this proposed development with the requirements outlined within this report. MRZ99002.COM Page 3 If the rezone is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City of Meridian: Site Specific Requirements: 1. Dedicate 48 -feet of right-of-way from the section line of Franklin Road abutting the parcel (3 additional feet) by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for all right-of-way dedicated as an addition to existing right- of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 2. Construct 5 -foot wide concrete sidewalk on Franklin Road abutting the parcel. Locate the sidewalk 2 -feet within the new right-of-way of Franklin Road. Coordinate the location, elevation and grade of the sidewalk with District staff. 3. Construct the main project entrance on Franklin Road as proposed (the emergency vehicle ingress and egress) approximately 80 -feet east of the west property line.. The emergency vehicle driveway may be 100 -feet wide as proposed. 4. Construct the secondary employee entrance on Franklin Road as proposed approximately 5 -feet west of the east property line. The driveway may be 24 to 30 -feet wide as proposed. Other than the access point specifically approved with this application, direct lot or parcel access to Franklin Road is prohibited. 6. If the applicant wishes to construct an emergency vehicle access signal, provide a $15,000 deposit to the Public Rights -of -Way Trust fund for the construction of an emergency vehicle access signal on Franklin Road at the main site entrance. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to he reconsidered and include a written exp inn of why such a requirement would result in a substantial hardship or inequity, The written request shall be submitted to he District no later than 9.00 a m on he Ly scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. MRZ99002.COM Page 4 After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two weeks of the action and shall include a minimum fee of $110.00. The-reauest for reconsideration shall 4ata trial was not avaitaule to the commission at the time of its original decision The request for reconsideration will be heard by the District Commission at the nest regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 8. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. MRZ99002.COM Page 5 Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. MRZ99002.COM Page 6 CENTRAL CENTKAL DISTRICT HEALTH DEPARTMENT (((:W1'9_0 DISTRICT HEALTH Environmental Health Division Return] B ise DEPARTMENT ❑ Eagle Rezone # 7 1 .Z - D ❑ Garden City Conditional Use # 9 Meridian❑ Kuna Preliminary / Final / Short Plat ❑ ACZ ® 1. We have No Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. ; i R ,r L , CITE t+� :���,,i�..:��') ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other ❑ b. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ❑ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ❑ central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ❑ central water ❑ individual sewage ❑ individual water ❑ 9. The following plans) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water ❑ 10. Run-off is not to create a mosquito breeding problem. ❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store ❑ 14. Date: Reviewed By: / �7 caeu 10191 mb, rev. trot Reylew Sheet 16 February 1999 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 CITY OF MERIDUI • ♦. 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 RE: Rezone of 1.936 Acres from EL to LO - Meridian Road Fire Station Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the rezone for the above referenced application. Sincerely, fi!H nson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT cc: File - Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 A y{ WHITE, PETERSON, PRUSS; MORROW & GIGRAY, P.A. APR. 0 2 . JUSTIN P. AYLSWORTH x ATTORNEYS AT LAW JULIE KLEIN FISCHER CMOF MARLTI'NA%VE WM. F. GIGRAY, III 104 NINTH AVENUE SOUTH200 ASTD. SAMUEL JOHNSON 9 POST'OFFICE BOX 247 SE 31 WILLIAM A. MORRow NAMPA, IDAHO 83653-0247 CHRISTOPHER S. NYE > POST OFFICE O 1850 PHILIP A. PETERSON MERIDIAN, IDAHO 83680-1150 STEPHEN L. PRUSS TEL (208) 466-9272 TEL., (208) 288-2499 ERIC S. ROSSMAN " FAX (208) 466-4405 ; FAX (208) 288-2501 TODD A. ROSSMAN - R.STEPHEN RUTHERFORD PLEASE REPLY TO TERRENCER. WHITE - , NAMPA OFFICE E-MAIL: WFG@WPPMG.COM y April 2,1999 Shari Stiles, Planning and Zoning Administrator Gary Smith, Chief Engineer Re: RZ-99-002 APPROXIMATELY 1.936 ACRES FOR PROPOSED T -11M3 SUBSTATION q Please find enclosed a copy of the Recommendation to the City Council of the Planning and Zoning Commission on the above referenced application. Please note ` this matter will be heard before the City Council on April 6,, 1999. f The City Council request that'you be prepared at the hearing to specifically address theRecommendation of.the Planning and Zoning Commission-: If you disagree. with those recommendations, please state which ones and the reasons. If you propose any additional recommendations, conditions, etc., please prepare your recommendations in writing so you may submit the same to the City Council at the hearing. The Council appreciates your attention to this request. It will assure that. the Council has the benefit of understanding your position in this matter and it will help limit the need for testimony. 3 )pEN jjal1 'Y MggNEY AND SWITH SIGNATURE IN { HIS ABSENCE TO AVOID DELAY Wm. F. Gigray, III Enclosure' msg\Z:\Work\M\Meridian 15360M\Fire Dept\PZLtrTwo.wpd w s 6 . T - BEFORE THE PLANNING AND ZONING COMMISSION In The Matter of The REQUEST ) Case No. RZ-99-002 FOR REZONE of ) APPROXIMATELY 1.936 ACRES ) RECOMMENDATION TO CITY FOR PROPOSED FIRE ) COUNCIL .SUBSTATION ) INTRODUCTION 1. 'The property is approximately 1.936 acres in size. The property is generally located *on the north side of Franklin Road, between V' Ave. and Baltic Place, in Meridian. 2. The owber of record of the subject property is the City of Meridian; of -33 East Idaho St., Meridian, Idaho - 3. „ The Applicant is the owner of record. 4. The property is presently zoned as Light Industrial (I -L). 5. The Applicant requests the property be rezoned to Limited Office (L -O). 6. "The proposed site is adjacent to light industrial offices, commercial N development and warehouse structures. The site is east of the Artech building and west of the Thomas buildings on Franklin Rd. 7. The subject property is within the city limits of the'City of Meridian. 8.1 The entire parcel of the property is included within_the Meridian Urban _ - 4 RECOMMENDATION TO CITY COUNCIL - 1 .REQUEST FOR -REZONE OF 1.936 ACRES - MERIDIAN FIRE,, DEPARTMENT' y Service Planning Area as the Urban, Service Planning A -ea is defined in the Meridian r y "Comprehensive Plan. . v 4 .. 9. The Applicant proposes to develop,the subject property in the following manner: Construct and utilize a three -bay Meridian District Fire Station on Lot 17, Blocic of the Meridian Business Park Subdivision. 10. The Applicant's requested rezoning of the subject real property as a Limited Office (IL -0) is consistent -with the commercial designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject i property as Existing Urban Development. p This proposed zoning amendment falls within the scope and policies of the City's Comprehensive Plan. The "Future Conditions" section of the "Public Services, Utilities and,Energy Resources" chapter (page 36), Fire and Life Safety services are listed as one of seven �(7).major services which citizens feel have the greatest impact on quality of life. The "Public Safety Goal Statement" (page 41), section 6. 1, states, "To' ensure adequate" protection for new developments, provisions shall be made for satellite fire stations. Sub -section 6.1 5U (page 42) under the same section states, "The x recommended service standard for the Meridian/Rural Fire Department shall be based on 24-hour' service at the downtown main fire station, with satellite fire stations comprising ag 10,000 to 15,000 sq. ft. lot with a 3,000 sq. ft. building of residential RECOMMENDATION TO CITY COUNCIL - 2 REQUEST FOR REZONE OF 1.936 ACRES - MERIDIAN FIRE DEPARTMENT .rq type construction -and character, containing'a squad truck and tanker truck, operating_ personnel and support staff." , 11. There -are no significant or scenic features of "major importance that v z affect the'consideration of this application. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approye the rezoning as requested by the Applicant for the property described in the application subject to the following: Adopt the Planning and Zoning Administrator and Assistant' City Engineer r Y Recommendations as follows: - 1.1 The request for rezoning to L -O will comply with the Zoning Ordinance to permit the fire 'station, as public uses are specifically prohibited in the I -L zone.' - 1.2 Any existing irrigation/drainage ditches crossing the property to be included in -the subject project shall be'tiled per City Ordinance 11-9-605.M. Council may waive the requirement for piping if it determines that the public purpose requiring such will not be served in ,the individual case. --The ditches to be piped shall be designated on future site -plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. If the ditch is not piped it should be developed as an k amenity. 1.3 Any existing domestic wells and/or septic`systems within this project ,shall be removed from their domestic service per City Ordinance Section 5-7-517., Wells maybe used for non-domestic purposes such as Y ,k -9 RECOMMENDATION TO CITY COUNCIL - 3 REQUEST FOR REZONE OF 1.936 ACRES - MERIDIAN FIRE DEPARTMENT landscape irrigation. 1.4 'Assessment fee`s fofnater and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement -with thehCity of -Meridian. #. 1.5 Landscaping shall be -:provided iri accordance with"City Ordinance and will' be 'reviewed during the building permit application process. 1.6 `Paved parking'shall'be provided hi accordance with City Ordinance and will be'reviewed`during the building permit application process: 1.7 As Franklin Road is designated as an entrance corridor in the Meridian Comprehensive Plan, 'a`35 -foot -wide landscaped setback -shall'be + y r provided. - 1'8: ' Sanitary sewer and'water services are not existing at this location:. ' Sanitary sewerservices shall be extended into the lot from the nor'tli. Easements fron`adjacent lots will be required to gain access to existing °sewer mains. Water is available along the northern boundary along Franklin Road. Adopt the Ada County Highway District's Recommendations as follows: 1.9 City shall` edicafe 48 -feet of right-of-way from the section line of Ten Mile Road abutting the parcel (3 additional feet) by means of v x recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The City will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the City submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance # 188. 1.10 The City shall construct a 5 -foot wide concrete sidewalk on Franklin Road abutting the parcel. The sidewalk shall be located 2 feet within the new right-of-way of Franklin Road. 1. 11 The main project entrance shall be constructed on Franklin Road as proposed (the emergency vehicle egress) approximately 80 feet east of RECOMMENDATION TO CITY COUNCIL - 4 iREQUE8T FOR REZONE OF 1.936 ACRES -MERIDIAN FIRE DEPARTMENT _ 4 x a A r i' t s x c N the west property line. The emergency vehicle driveway may be 100 feet wide as proposed. 1.12 a The secondary, employee entrance on Franklin Road shall be constructed as proposed (staff ingress and egress) approximately 5 feet west of the east property line. The staff driveway'may be 24 to 30 feet wide as proposed. 1.13 As required by District policy, restrictions on the width, number and " locations of driveways, shall be placed on future development of this ti parcel. u 1.14 Other than the access point specifically approved with this application, direct lot or parcel access to Franklin Road is prohibited. `1.15 If the applicant wishes to construct an emergency vehicle access signal, y. the sum of $15,000:00.9hall be deposited to the Public Rights -of -Way Trust Fund for the construction of an emergency vehicle access signal on Franklin Road at the main site entrance. r The Planning and Zoning Commission further advises: 1.16 ,Architecture of the subject development should be compatible with the 4 surrounding property. Z:\work\M\Meridian 15360M\Fire Dept\Fiuestat2RZ.Rec RECOMMENDATION TO CITY COUNCIL - S REQUEST FOR REZONE OF 1.936 ACRES - MERIDIAN FIRE DEPARTMENT 4A } [1b _ A-cla OGLf2� C Gi/GC - - O G&L Qhcrni D U..h --.., • .. • ._rv., • •��•uV��I J io Cd5L 3fin aireet . Judy Peavey -Derr, Vice -President Garden City, Idaho 83714-6499 Marlyss Meyer Routson, Secretary Phone (208) 387-6100 Dave Bivens; Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner e-mail: tellus eachd ada id us March 4, 1999 TO: City of Meridian= a City Clerk Dept , 33 E.Idaho Meridian, ID 83642 ,;t! f. FROM: 'Steve. Arnold, Senior Analyst Planning & Development' Division ,r SUBJECT: MRZ-99-0002 Rezone from I -L to L -O ,Franklin Road/5th Avenue Your appticatiori for the above referenced project was: acted on by the Commissioners of the Ada County Highway District on March 3, 1999. The attached staff report lists conditions of approval and street. improvements which are required. If you have any questions, please feel free to call.me at 387-6170. SA cc: Plan&Dev Svcs-chron/file John'Edney- ' Chuck Rinaldi, City of Meridian - a r A { ADA-COUNTY HIGHWAY DISTRICT Planning and Development Division, Development Application Report 4 MRZ-99-602 Franklin Road/5th"Avenue Rezone from I-L to L-0 = L 4 The applicant is requesting conditional use approval to rezone Lot *17, Block 3 of the Meridian Business Park subdivision from I-L (industrial) to L-0 (office). The 1.936-acre site is located on the north side of Franklin Road between East 5th Avenue and Baltic Street:. The site is` " proposed as a;City of Meridian Fire Station. The rezone is'needed to allow for a zoning F classification in which public uses are permitted outright. This`development is estimated tow generate 64 additional vehicle trips per day based on the District's traffic counfs at,other c locations. Roads impacted by this development: Franklin Road - a wa Stratford Drive F s , r ACHD Commission Date -March 3, 1999 - 12:00 9 q r s i. a i . pfk�J CO C GY LLI Y J ' O „ ;m SITE "LR AN.KLI k a t « k a < � m <� � "-p avm- _ - ——.c_9si�a="pro Ic ao s� --- OZ — — U. — ii o - ---- —waw 3 �. 143 F U3 'Q xo •~. ``e :. - C!` I^. a •1 aty us 89 u a.. = y� u Z Z< Imam us 1W U3 z — ITTY KA , • zC'roa 3 .1103C.00� - •rm, . , A LC'44t M .Y0. c.0 5 a�IL SIL'IA 'N �•T {Z•9CS 3 .tq,l£Ao N �r miL ql r Y � K' r4KO•w S�• F 777 .. L —�<13t .n• , — ��� msw I • a�, • J w mew • s Ry S� j� N 1 RI— sru: .,a = - • �,amw s R+ b R i !� � i�.3e9 �7 I.• I Aa S .z m t ..avm. arm, ee.Km+ ?t � !•t� I n Yf N -1f1 's O w ♦• 4 _ .4KaLi �. O — — m�'•�! 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I I - Tt6M MvwM 'N V3_/- <++ I 1 00o.•.Y W Facts and Findings A: General Information , Owner -'City of Meridian` Applicant - Same I -L - Existing zoning L70 -Requested zoning x '1.936 - Acres' 44,000- - Square feet of proposed building 0`" -~Square feet of existing building 0 R-jotal.lineal feet of proposed public streets 268 " 3 Traffic Analysis Zone (TAZ)' ` West Ada- = Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District y i Franklin Road 1 Principal arterial with bike lane designation' z Traffic count of f 1,313 ori 10/21/97 450 -feet of frontage 70 -feet existing -right-of-way (45 -feet north 'of centerline)' ' 9&, feetrequired right-of-way (48 -feet north of centerline) Franklin -Road is improved'with a 28 -foot street section without`curb, gutter or'sidewalk. The District has an unfunded need to improve the roadway. Stratford Drive ` Collector with bike lane designation Traffic count ofd -•1,030 on 8/26/97. 0 -feet of frontage R B. b- The District approved thislparcel as part'of the Meridian Business Park subdivision-in1995. The parcel is currently vacant., The applicant is proposing to construct a City df Meridian Fire i Station :This public`use is not allowed outright in an I=L (industrial) zone. The applicant is requesting a rezone to L;O (office) in which publie uses such as fire stations, are permitted outright. i C. Utility streef.cuts in new pavement less than five,years old are not allowed unless approved in writing by the District.. Contact Construction Services at 387-6280 (with file numbers)'for details: D. District policy previously required 45 -feet of right-of-way on the north side of Franklin Road for the Meridian'Business Park subdivision in 1995. District Policy now requires 96 -feet of total right-of-way, 48 -feet north of centerline, to allow for the construction of bicycle lanes. s MRZ99002.COM ' Page 2 ,. is y. Staff recommends'the applicant be required 10 provide 48 -feet of right -of -'way (3 additional feet).,north-of centerline. E. The applicant is proposing to construct aii emergency vehicle Access approximately 80 -feet east of the west property line. This location is within 150 -feet of th6 Stratford �Drive/Franklin Road - intersection and'does not meet the District policy driveway, offset requirement of 440 -feet. Staff supportsa variafice,to allow the,applicant to construct -the driveway iii -this location because this is an dinergency vehicle access only and it is necessary to locatethe driveway ,within the operational area of the anticipated, traffic signal, (Stratford/Franklin intersection). ,.The emergency vehicle driveway is proposed to be 100 -feet wide, and.does not meef the District policy width requirement of 24 to 30 -feet w dth. . Staff supports a variance to, allowthb - . applicant to construct the driveway, to -the greater,width because it isanemergency Vehiclb egress/ingre'ss* and'it is necessary to 'allow for adequate vehicle flow to the arterial street system. F. The applicant is proposing to construct -the second, -fry, employee entrance approximately 5 -feet west of the east property line. This'locatfo'nis w,ithin,300-feet of the Stratford Drive/Franklin Road intersection and'does not meet the District policy driveway offset requirement of 440 - feet.. I Staff supports a variance to allow the applicant to construct the driveway in this location . because there -is not allocation on the subject property which meet's District policy. G. Fire stations often request emergency vehicle access t ' raffic signals"at-their main site entrances on arterial roadways. If the,appli.cant wishes'toconstruktan emergehcy.vehicle, access -signal, provide a $15,000 deposit to the Public Rights -of -Way Trust. fund for the construction onstruction of an emergency vehicle access signal on Franklin Road at the main site entrance. H. 'District policy requires the applicant to construct a 5 -foot wide concrete sidewalk on the north side of Frinklin Road abutting the parcel. Coordinate the locatibn of the sidewalk with -District staff., I: Graveled driveways abutting public streets,create maintenance problems due to gravel being tracked onto the roadway. In accordance with past action by the District the applicant should be required to -pave the driveways their-ftill width and at least 510-feet-lbeyond, the edge of pavement of Franklin Road and install -pavement taperswith 25 -foot -radii abutting the existing roadway,6dge. J. As required by,' District policy, restrictions on the width". number. and locations of driveways, maybe placed on future development of this,parcel. K. Based on development patterns in this area and the resulting -traffic generation, staff anticipates that the transportation system will be adequate to accommodate additional traffic generated by this �proposed, deyel�opmerii with the requirements outlined within this report' ILI MRZ99002.COM Page 3 ei + c , E . If the -rezone; is, approved and the District receives'a development proposal, the District intends to . ,.` provide the ,following;requirements;'in, addition .to,*any additional requirements that may apply upon District review of,future develo merit 'to the City of Meridian Site Specific Requirements: 1. Dedicate: 48 -feet of right-of-way from the section line of Franklin Road abutting the parcel (3 additional feet) by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a„building permit (or other required permits), whichever occurs first'. The owner will be compensated for all right-of-way dedicated as an addition to existing right- of-way from available impact fee revenues in -this benefit zone, if the owner submits a letter of application, to the impact -fee administrator prior to breaking ground, iii accordance=with Section 15 of ACHD Ordinance #188.x'' 2. Construct 5400t wide concrete sidewalk on Franklin Road abutting the parcel. Locate the sidewalk 2-feetwithin`the new right-of-way of Franklin Road. Coordinate the location, elevation and grade of the sidewalk With District staff. 3. Construct the main project entrance on Franklin Road as proposed (the emergency vehicle ingress and egress) approximately 80 -feet east of the west property line. The emergency - vehicle driveway may be 100 -feet wide as proposed. 4. , Construct the secondary employee entrance on Franklin Road as proposed approximately 5 -feet west of the `east property• line::' The driveway may be 24 to 30 -feet wide -as proposed 5. Other -than the access point specifically approved with this application, direct lot or parcel access to Franklin Road is prohibited: - 6 If the applicant wishes to construct an emergency vehicle access signal, provide a $1`5,000' deposit to the Public Rights -of -Way Trust fund for the construction of an emergency vehicle access signal on Franklin Road at the main site entrance. 9 Standar` d Requirements:. M r. 1. A request for modification, variance br waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall s} ecifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardshi12 or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the da scheduled for ACHD Commission action. Those -items shall be rescheduled for' discussion with the', x' Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. MRZ99002.Com Page 4 a_. c d 2 , r n • ; After ACHD Commission- action; any request for reconsideraiion``of the''Commissiori's`action` shall be made in: writing to the Planning .and -Development`: Supervisor within1wo weeks of the ` r action and shall include a-miniinuin fee ;of $110:00.: The req esi°for recon ideratidrf Ball: specifically identify each're4uirement to be reconsidered, in and .1 ud . �x�ri ten dor,.urh .nta i n cf data that was not available to the Commission at the time of i s original decision.v, The request for reconsideration will be heard by the District Commission at the next regular meetingof the .Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will -be heard. 3. Payment of applicable road impact feesoard required prior to building construction in accordance,with Ordinance #188, also'known as Ada County Highway District -Road Impact Fee Ordinance:. n 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. 5: The applicant shall subinit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. No change in the terms and'condition"s of this approval shall be validunless they, are,in•wn'ting and signed by the applicant or the applicant's authorized representative and an authorized representative'of,the Ada County Highway District. -The burden shall be upon the applicant to obtain written confirmation of any change from the Ada.County Highway District. 8. Any change`by the applicant in the planned use of the propertywhich is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legaLrestrictions in force at the time the applicant'or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said`requirem.ents or other legal relief is granted pursuant, } to the law in effect at the timetthe change in use is sought. MRZ99002.COM Page 5 f Condfisibn of Law: .1. ACHD'requirements are intended to assure that the proposed use/development will.not place an undue burden on the existing vehicular and'pedestriari transportation system within the vicinity impacted by the proposed development. Should you have :any questions or, comments, please contact the Planning and Development Division. at 387-6170. Submitted by: Date of Commission Action: "Planning and Development Staff March 3, 1999 4 v a MRZ99002.COM Page 6 f: -FEB -24-1999 14:4? ZGA ARCHITECTS PLANNERS 2083437162 P.01i02 , pCIErVED FEB 2 5 1999 Architects and Planners, Chartered CIT OF VIDIAN 815 Park Blvd. - Suite 350 Roise 1d 83712 (208) 345-8872 Fax (208) 343-*&2ANNWG & ZONING FACSIMILE COVER SHEET DATE: Feb 24, 1999 TO: Meridian City Hall (Brad Wn"M) ,C!'v►s- Glad fC FROM: Paul PROJECT NAME: Meridian Fire Station SUBJECT: Required Breen space FAX: 887-1297 JOB NO. 9901 Number of pages including cover sheet: 2 if the total number of pages are not received, please advise us as soon as possible. Hard Copy Will ® Will Not ❑ Follow Message: rj, 11Z4 cr3 -0 P/Z . 02/24/99 1:36 PM a\projectslpmjdk\filename.doc FEB 24 '99 14:44 1 2083437162 PAGE.01 FEB -24-1999 14:49 ZGA ARCHITECTS PLANNERS 2083437162 P.02i02 TOTAL P.02, FEB 24 '99 14:44 2083437162 PAGE.02e, MERIDIAN PLANNING AND ZONING MEETING:. MARCH 9, 1999 APPLICANT: CITY OF MERIDIAN ITEM NUMBER: 10 REQUEST: REZONE 1.936 ACRES FROM I -L TO L -O AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED STAFF COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED STAFF COMMENTS CITY ATTORNEY: CITY POLICE DEPT: REVIEWED CITY FIRE DEPT: REVIEWED CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: REVIEWED MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: REVIEWED NAMPA MERIDIAN IRRIGATION: REVIEWED SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. To: Planning & Zoning Commission/Mayor & Council From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, Planning & Zoning Administrator Re: Request for Rezone from I -L to L -O of 2.12 Acres by City of Meridian for Fire Station We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS 1. This application is for a parcel of land on Franklin Road within the Meridian Business Park Subdivision. The lot is just east of the Art Tech building and west of the Thomas buildings on Franklin Road. 2. The request for rezoning to L -O will comply with the Zoning Ordinance to permit the fire station, as public uses are specifically prohibited in the I -L zone. GENERAL REQUIREMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Council may waive the requirement for piping if it determines that the public purpose requiring such will not be served in the individual case. The ditches to be piped should be shown on future site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. If the ditch is not piped, it should be developed as an amenity. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. Franklin Fire Station.RZ HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT Council Mem rc CITY OF MERIDIAN 884-4264 PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD DEPARTMENT - (208)884-5533 MEMORANDUM: March 5, 1999 To: Planning & Zoning Commission/Mayor & Council From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, Planning & Zoning Administrator Re: Request for Rezone from I -L to L -O of 2.12 Acres by City of Meridian for Fire Station We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS 1. This application is for a parcel of land on Franklin Road within the Meridian Business Park Subdivision. The lot is just east of the Art Tech building and west of the Thomas buildings on Franklin Road. 2. The request for rezoning to L -O will comply with the Zoning Ordinance to permit the fire station, as public uses are specifically prohibited in the I -L zone. GENERAL REQUIREMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Council may waive the requirement for piping if it determines that the public purpose requiring such will not be served in the individual case. The ditches to be piped should be shown on future site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. If the ditch is not piped, it should be developed as an amenity. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. Franklin Fire Station.RZ P&Z Commission/Mayor & Council March 5, 1999 Page 2 3. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 4. Landscaping needs to be provided in accordance with City Ordinance and will be reviewed during the building permit application process. 5. Paved parking needs to be provided in accordance with City Ordinance and will be reviewed during the building permit application process. 6. As Franklin Road is designated as an entrance corridor in the Meridian Comprehensive Plan, a 35 -foot -wide landscaped setback should be provided. 7. Sanitary sewer and water services are not existing at this location. Sanitary sewer services will need to be extended into the lot from the north. Easements from adjacent lots will more than likely be needed to gain access to existing sewer mains. Water is available along the northern boundary along Franklin Road. Franklin Fire Station.RZ HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live , 08) 884-4264 CouncilMcrnbers CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 8364 I V E D (208) 887-2211 RON ANDERSON Phone (208) 888-4433 • Fax (208) 88 -13 [p� 1 ANNING AND ZONING NT KEITH BIRD �D t D 08)884-5E 33 l It i .'vi rid4an Citgo Clerk Offiee TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 2, 1999 TRANSMITTAL DATE: February 8, 1999 HEARING DATE: March 9, 1999 FILE NUMBER: RZ-99-002 REQUEST: REZONE OF 1.936 ACRES FROM I -L TO L -O BY: CITY OF MERIDIAN LOCATION OF PROPERTY OR PROJECT: NORTH OF FRANKLIN RD, BETWEEN 5T" AVE & BALTIC PLACE TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C - GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT BUILDING DEPARTMENT ,PRE DEPARTMENT _goPTOLICE DEPARTMENT C ITY ATTORN EY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM &FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA OUNTY (ANNEXATION) YOUR CONCI MARKS: Mayor ROBERT D. CORRIE Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83632 Phone (208) 888-4433 - Fax (208) 887-4813 LEGAL DEPARTMENT (208) 884--1264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208) 88.1-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 2, 1999 TRANSMITTAL DATE: February 8, 1999 HEARING DATE: March 9. 1999 FILE NUMBER: RZ-99-002 REQUEST: REZONE OF 1.936 ACRES FROM I -L TO L -O BY: CITY OF MERIDIAN LOCATION OF PROPERTY OR PROJECT: NORTH OF FRANKLIN RD, BETWEEN 5TH AVE & BALTIC PLACE _ TAMMY DE WEERD P/Z _ MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT SEWER DEPARTMENT UILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: C;-) - /S q Vo AT Mayor HUB OF TREASURE VALLEY ROBERT D. CORR[E A Good Place to Live LEGAL DEPARTMENT o.n it M m[xrs CITY OF MERIDIAN ORKS CHARLES ROUNTREE PUBLIC 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 2, 1999 TRANSMITTAL DATE: February -8,1999 HEARING DATE: March 9, 1999 FILE NUMBER:__ RZ-99-002 REQUEST: REZONE OF 1.936 ACRES FROM I -L TO L -O BY: CITY OF MERIDIAN LOCATION OF PROPERTY OR PROJECT: NORTH OF FRANKLIN RD BETWEEN 5TH AVE & BALTIC PLACE _ TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C LENN BENTLEY, C/C WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: REcErvED _ - 9 1999 CITY OF NIERIDWN C fl MRZ-99-002 ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report Franklin Road/5th Avenue Rezone form I -L to L -O The applicant is requesting conditional use approval to rezone Lot 17, Block 3 of the Meridian Business Park subdivision from I -L (industrial) to L -O (office). The 1.936 -acre site is located on the north side of Franklin Road between East 5th Avenue and Baltic Street. The site is proposed as a City of Meridian Fire Station. The rezone is needed to allow for a zoning classification in which public uses are permitted outright. This development is estimated to generate 64 additional vehicle trips per day based on the District's own traffic counts.. Roads impacted by this development: Franklin Road Stratford Drive ACHD Commission Date -March 3, 1999 - 12:00 p.m. g cr0. 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Y �• _ ` IL ♦ �• i� �� B£•Y9l w 8 ;7 ii ; 3 ,90,6200 N [cc4[ �f ]'"•Nm» I 9 8 r V f i W m t ``/ t♦ � s{3<• �C an i loi . : ^ xr4z I I8 - g i ♦p�4/ �t..1i <�i , a m W O . -� � 4�u � ] .144G0p • n C<R ] 1[.fLW + � all S'• _ - - w m tccf4 ] .4ucof » — — _Y[ t� -L �I I < I,"7 "1 la _ � � " ^ � 1 is � � F i � W � � i_i. _ ` acs[ " •E ��K'>• l.lf.00 056*';I _ _ C • •.<� A _,ll M •ILOo S - sirci _ B9'ICC�I M �lo' C.00 S WpAc .fit u� ( S� w vw.6 / q eli lil^ a all "�o EL (3� :' _ ■ n .,Fsi% A " / '4gll � lil to ,II ell RII ilk: In "I 7 • ' — s I I Iel J "um T _ N < • •- I <e � I � 'G4[ � � Y44 OOMt orn ] "..GT«♦i _K"l94 � � �� ,— � W 2 Y Z= I Y Y ll't66 3 ,tt.LUO N W . sz•c9 � 5 [ 4 �f "t f � � •�� m[a]t. No]uaaY ar]tuu aNatrt � _ IS �' � a I 'a atom "cum 00oe. _ • III $ _ Kim Facts and Findings: A. General Information Owner - City of Meridian Applicant - Same I -L - Existing zoning L -O - Requested zoning 1.936 - Acres `4 44,000 - Square feet of proposed building 0 - Square feet of existing building 0 - Total lineal feet of proposed public streets 268 - Traffic Analysis Zone (TAZ) West Ada - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District Franklin Road Principal arterial with bike lane designation Traffic count of 11,313 on 10/21/97 x 450 -feet of frontage 70 -feet existing right-of-way (45 -feet north of centerline) 96 -feet required right-of-way (48 -feet north of centerline) Franklin is improved with a 28 -foot street section without curb, gutter or sidewalk. The District has an unfunded project to improve the roadway. Stratford Drive Collector with bike lane designation Traffic count of 1,030 on 8/26/97 0 -feet of frontage " B. The District approved this parcel as part of the Meridian Business Park subdivision in 1995. . The parcel is current vacant. The applicant is proposing to construct a City of Meridian Fire Station. This public use is not allowed outright in an I -L (industrial) zone. The applicant is requesting a rezone to L -O (office) in which public uses such as fire station are permitted outright. C. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Constriction Services at 387-6280 (with file numbers) for details. D. District policy previously required 45 -feet of right-of-way on the north side of Franklin Road for the Meridian Business Park subdivision in 1995. District Policy now requires 96 -feet of MRZ99002.COM Page 2 E. F 3 total right-of-way, 48 -feet north of centerline, to allow for the construction of bicycle lanes. Staff recommends the applicant be required to provide 48 -feet of right-of-way (3 additional feet) north of center line. The applicant is proposing to construct an emergency vehicle access approximately 80 -feet east of the west property line. This location is within 150 -feet of the Stratford Drive/Franklin Road intersection and does not meet the District policy driveway offset requirement of 440 -feet. Staff supports a variance to allow the applicant to construct the driveway in this location because this is an emergency vehicle access only and it is necessary to locate the driveway within the operational area of the anticipated traffic signal (Stratford/Franklin intersection. The emergency vehicle driveway is proposed to be 100 -feet wide and does not meet the District policy width requirement of 24 to 30 -feet width. Staff supports a variance to allow the applicant to construct the driveway to the greater width because it is an emergency vehicle egress and it is necessary to allow for improved vehicle flow to the arterial street system. Construct the main project entrance on Franklin Road as proposed (the emergency vehicle egress) approximately 80 -feet east of the west property line. The emergency vehicle driveway maybe 100 -feet wide as proposed. The applicant is proposing to construct the secondary, employee entrance approximately 5 -feet west of the east property line. This location is within 300 -feet of the Stratford Drive/Franklin Road intersection and does not meet the District policy driveway offset requirement of 440 - feet. Staff supports a variance to allow the applicant to construct the driveway in this location because there is not location on the subject property which meets District policy. k Construct the secondary, employee entrance on Franklin Road as proposed (staff ingress and egress) approximately 5 -feet west of the east property line. The staff driveway may be 24 to 30 -feet wide as proposed. } G. Fire stations often request emergency vehicle access traffic signals at their main site entrances5 on arterial roadways. If the applicant wishes to construct an emergency vehicle access signal, provide a $15,000 deposit to the Public Rights -of -Way Trust fund for the construction of an emergency vehicle access signal on Franklin Road at the main site entrance. H. District policy requires the applicant to construct a 5 -foot wide concrete sidewalk on the north side of Franklin Road abutting the parcel. I. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with past action by the District the applicant should be required to pave the driveways their full width and at least 50 -feet beyond the edge of pavement of Franklin Road and install pavement tapers with 25 -foot radii abutting the existing b roadway edge. sNA MRZ99002.COM Page 3 J. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. K. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. L. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will be adequate to accommodate additional traffic generated by .:a this proposed development with the requirements outlined within this report. 3 If the rezone is approved and the District receives a development proposal, the District intends to -I provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City of Meridian: Site Specific Requirements: 1. Dedicate 48 -feet of right-of-way from the section line of Franklin Road abutting the parcel (3 additional feet) by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for all right-of-way dedicated as an addition to existing right- of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACRD Ordinance #188. 2. Construct 5 -foot wide concrete sidewalk on Franklin Road abutting the parcel. Locate the sidewalk 2 -feet within the new right-of-way of Franklin Road. 3. Construct the main project entrance on Franklin Road as proposed (the emergency vehicle egress) approximately 80 -feet east of the west property line. The emergency vehicle driveway may be 100 -feet wide as proposed. 4. Construct the secondary, employee entrance on Franklin Road as proposed (staff ingress and egress) approximately 5 -feet west of the east property line. The staff driveway may be 24 to 30 -feet wide as proposed. 5. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 6. Other than the access point(s) specifically approved with this application, direct lot or parcel access to Franklin Road is prohibited. k >' 7. If the applicant wishes to construct an emergency vehicle access signal, provide a $15,000 S' deposit to the Public Rights -of -Way Trust fund for the construction of an emergency vehicle a access signal on Franklin Road at the main site entrance. MRZ99002.COM Page 4 Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specificallv identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity The written -� request shall be submitted to the District no later than 9.00 a.m. on the day scheduled for ACHD Commission action Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two weeks of the action and shall include a minimum fee of $110.00. The reauest for reconsideration shall snecificallv_identi�each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its oriinal decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. No change in the terms and conditions of this approval shall be valid unless they are in writing y and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. MRZ99002.COM Page 5 ON IM 8. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: 1. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity im acted b the d d 1 p y propose eve opment. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted by: Planning and Development Staff Date of Commission Action: MRZ99002.COM Page 6 CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT •• DISTRICT Environmental Health Division Mp"HEALTH DEPARTMENT Rezone # _ %J ��res L 11 L - D Conditional Use # Preliminary / Final / Short Plat Return to: ❑ Boise ❑ Eagle ❑ Garden City Meridian ❑ Kuna ❑ ACz �X I. We have No Objections to this Proposal. a , ❑ 2. We recommend Denial of this Proposal. r - -;,� CITY i'�' � ;i TL ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ S. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other ❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ❑ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ❑ central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ❑ central water ❑ individual sewage ❑ individual water ❑ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water ❑ 10. Run-off is not to create a mosquito breeding problem. ❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store q c� ❑ 14. Date: �/�/ / / Reviewed By: / �� CDHD 10/91 d, r". 7/97 Review Sheet 16 February 1999 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 F E 3 2 5 1v9 CITY OF KERIDIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 RE: Rezone of 1.936 Acres from IL to LO - Meridian Road Fire Station Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the rezone for the above referenced application. Sincerely, 9eHnson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln cc: File - Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 r:, ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report R�EcE�� FEB 2 2 1999 CITY & zONIING MRZ-99-002 Tranklin Road/5th Avenue Rezone form I -L to L -O The applicant is requesting conditional use approval to rezone Lot 17, Block 3 of the Meridian Business Park subdivision from I -L (industrial) to L -O (office). The 1.936 -acre site is located on the north side of Franklin Road between East 5th Avenue and Baltic Street. The site is proposed as a City of Meridian Fire Station. The rezone is needed to allow for a zoning classification in which public uses are permitted outright. This development is estimated to generate 64 additional vehicle trips per day based on the District's own traffic counts.. Roads impacted by this development: Franklin Road Stratford Drive ACHD Commission Date -March 3, 1999 - 12:00 p.m. Im W.JW,A R-4 w I MAWa 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject C7: property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. ,Conclusion of Law: 1. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the ACHD Planning and Development staff at 387-6170. _Sincerely, Llz� Larry Sale Planning and Development Supervisor cc: Project file Lead agency CCS MRZ9901.SLA Page 3 t Facts and Findings A. General Information West Ada - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District Franklin Road Principal arterial with bike lane designation Traffic count of 11,313 on 10/21/97 450 -feet of frontage 70 -feet existing right-of-way (45 -feet north of centerline) 96 -feet required right-of-way (48 -feet north of centerline) Franklin is improved with a 28 -foot street section without curb, gutter or sidewalk. The District has an unfunded project to improve the roadway. Owner - City of Meridian Collector with bike lane designation Applicant - Same $- I -L - Existing zoning The District approved this parcel as part of the Meridian Business Park subdivision in 1995. L -O - Requested zoning 1.936 - Acres d 44,000 - Square feet of proposed building 77 0 - Square feet of existing building writing by the District. Contact Constriction Services at 387-6280 (with file numbers) for 0 - Total lineal feet of proposed public streets 268 - Traffic Analysis Zone JAZ) West Ada - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District Franklin Road Principal arterial with bike lane designation Traffic count of 11,313 on 10/21/97 450 -feet of frontage 70 -feet existing right-of-way (45 -feet north of centerline) 96 -feet required right-of-way (48 -feet north of centerline) Franklin is improved with a 28 -foot street section without curb, gutter or sidewalk. The District has an unfunded project to improve the roadway. Stratford Drive Collector with bike lane designation Traffic count of 1,030 on 8/26/97 $- 0 -feet of frontage B. The District approved this parcel as part of the Meridian Business Park subdivision in 1995. The parcel is current vacant. The applicant is proposing to construct a City of Meridian Fire Station. This public use is not allowed outright in an I -L (industrial) zone. The applicant is requesting a rezone to L -O (office) in which public uses such as fire station are permitted outright. C. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Constriction Services at 387-6280 (with file numbers) for details. D. District policy previously required 45 -feet of right-of-way on the north side of Franklin Road for the Meridian Business Park subdivision in 1995. District Policy now requires 96 -feet of MRZ99002.COM Page 2 -> total right-of-way, 48 -feet north of centerline, to allow for the construction of bicycle lanes. Staff recommends the applicant be required to provide 48 -feet of right-of-way (3 additional feet) north of center line. E. The applicant is proposing to constrict an emergency vehicle access approximately 80 -feet east of the west property line. This location is within 150 -feet of the Stratford Drive/Franklin Road intersection and does not meet the District policy driveway offset requirement of 440 -feet. Staff supports a variance to allow the applicant to constrict the driveway in this location because this is an emergency vehicle access only and it is necessary to locate the driveway £,- within the operational area of the anticipated traffic signal (Stratford/Franklin intersection. The emergency vehicle driveway is proposed to be 100 -feet wide and does not meet the District y 0 Y Y p P policy width requirement of 24 to 30 -feet width. Staff supports a variance to allow the applicant to constrict the driveway to the greater width because it is an emergency vehicle egress and it is necessary to allow for improved vehicle flow to the arterial street system. Construct the main project entrance on Franklin Road as proposed (the emergency vehicle egress) approximately 80 -feet east of the west property line. The emergency vehicle driveway may be 100 -feet wide as proposed. F. The applicant is proposing to construct the secondary, employee entrance approximately 5 -feet west of the east property line. This location is within 300 -feet of the Stratford Drive/Franklin Road intersection and does not meet the District policy driveway offset requirement of 440 - feet. Staff supports a variance to allow the applicant to construct the driveway in this location because there is not location on the subject property which meets District policy. Construct the secondary, employee entrance on Franklin Road as proposed (staff ingress and egress) approximately 5 -feet west of the east property line. The staff driveway may be 24 to 30 -feet wide as proposed. G. Fire stations often request emergency vehicle access traffic signals at their main site entrances on arterial roadways. If the applicant wishes to construct an emergency vehicle access signal, provide a $15,000 deposit to the Public Rights -of -Way Trust fund for the construction of an emergency vehicle access signal on Franklin Road at the main site entrance. H. District policy requires the applicant to construct a 5 -foot wide concrete sidewalk on the north side of Franklin Road abutting the parcel. I. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with past action by the District the applicant should be required to pave the driveways their full width and at least 50 -feet beyond the edge of =�pavement of Franklin Road and install pavement tapers with 25 -foot radii abutting the existing roadway edge. MRZ99002.COM Page 3 >x total right-of-way, 48 -feet north of centerline, to allow for the construction of bicycle lanes. Staff recommends the applicant be required to provide 48 -feet of right-of-way (3 additional feet) north of center line. E. The applicant is proposing to constrict an emergency vehicle access approximately 80 -feet east of the west property line. This location is within 150 -feet of the Stratford Drive/Franklin Road intersection and does not meet the District policy driveway offset requirement of 440 -feet. Staff supports a variance to allow the applicant to constrict the driveway in this location because this is an emergency vehicle access only and it is necessary to locate the driveway i within the operational area of the anticipated traffic signal (Stratford/Franklin intersection. The emergency vehicle driveway is proposed to be 100 -feet wide and does not meet the District policy width requirement of 24 to 30 -feet width. Staff supports a variance to allow the applicant to construct the driveway to the greater width because it is an emergency vehicle egress and it is necessary to allow for improved vehicle flow to the arterial street system. Construct the main project entrance on Franklin Road as proposed (the emergency vehicle egress) approximately 80 -feet east of the west property line. The emergency vehicle driveway maybe 100 -feet wide as proposed. F. The applicant is proposing to construct the secondary, employee entrance approximately 5 -feet west of the east property line. This location is within 300 -feet of the Stratford Drive/Franklin Road intersection and does not meet the District policy driveway offset requirement of 440 - feet. Staff supports a variance to allow the applicant to construct the driveway in this location because there is not location on the subject property which meets District policy. Construct the secondary, employee entrance on Franklin Road as proposed (staff ingress and egress) approximately 5 -feet west of the east property line. The staff driveway may be 24 tc 30 -feet wide as proposed. G. Fire stations often request emergency vehicle access traffic signals at their main site entrances f on arterial roadways. If the applicant wishes to construct an emergency vehicle access signal, provide a $15,000 deposit to the Public Rights -of -Way Trust fund for the construction of an emergency vehicle access signal on Franklin Road at the main site entrance. H. District policy requires the applicant to construct a 5 -foot wide concrete sidewalk on the north side of Franklin Road abutting the parcel. I. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with past action by the District the applicant should be required to pave the driveways their full width and at least 50 -feet beyond the edge of pavement of Franklin Road and install pavement tapers with 25 -foot radii abutting the existing roadway edge. MRZ99002.COM Page 3 Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. -The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written -:w request shall be submitted to the District no later than 9.00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two weeks of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identifv each requirement to be reconsidered and include written documentation of data that was not available to the Commission`at the time of its original decision The request,_ 4 for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Constriction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. MRZ99002.COM Page 5 MRZ99002.COM Page 6 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 2, 1999 TRANSMITTAL DATE: February 8, 1999 HEARING DATE: March 9, 1999 FILE NUMBER: RZ-99-002 REQUEST: REZONE OF 1.936 ACRES FROM I -L TO L -O BY: CITY OF MERIDIAN LOCATION OF PROPERTY OR PROJECT: NORTH OF FRANKLIN RD, BETWEEN 5TM AVE & BALTIC PLACE _ TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER. DEPARTMENT SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY ITY ENGINEER :YeCITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: HUB OF TREASURE VALLEY Mayor ' -ROBERT D. CORRIE LEGAL DEPARTMENT A Good Place to Live (_08)884-4264 CITY OF MERIDIAN Council Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT (208) 887-2211 GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813REING AND ZONING EPARTMENT KEITH BIRD (208) 884-5533 ®� TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 2, 1999 TRANSMITTAL DATE: February 8, 1999 HEARING DATE: March 9, 1999 FILE NUMBER: RZ-99-002 REQUEST: REZONE OF 1.936 ACRES FROM I -L TO L -O BY: CITY OF MERIDIAN LOCATION OF PROPERTY OR PROJECT: NORTH OF FRANKLIN RD, BETWEEN 5TM AVE & BALTIC PLACE _ TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER. DEPARTMENT SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY ITY ENGINEER :YeCITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: APPLICATION FOR ANNEXATION AND ZONING OR REZONE PROPOSED NAME OF SUBDMSION: Meridian Fire District — Franklin Road Fire Station GENERAL LOCATION: N side of Franklin Road between 5`h Ave. and Baltic Place TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): Limited Office — Public Service ACRES OF LAND IN PROPOSED ANNEXATION: 1.936 acres PRESENT LAND USE: Vacant PROPOSED LAND USE: Meridian Fire District Station PRESENT ZONING DISTRICT: hL PROPOSED ZONING DISTRICT: L -O APPLICANT: City of Meridian (City Clerk Dept.) PHONE: 884-5533 ADDRESS: 33 E Idaho Meridian, ID 83642 ENGINEER, SURVEYOR, OR PLANNER: ,OI` V PHONE: OWNER(S) OF RECORD: City of Meridian (City Clerk Dept.) PHONE:- 888-4433 ADDRESS: SEAL G Signature of Applicant PcEWED FEB 0 5 1999 CITY OF 31FIIIDIAN CITY OF MERIDIAN PLANNING & WINING 33 East Idaho Street, Meridian, ID 83642 Phone: (208) 888-4433 FILE Fag: (208) 887-4813 K z - 9+ co -z APPLICATION FOR ANNEXATION AND ZONING OR REZONE PROPOSED NAME OF SUBDMSION: Meridian Fire District — Franklin Road Fire Station GENERAL LOCATION: N side of Franklin Road between 5`h Ave. and Baltic Place TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): Limited Office — Public Service ACRES OF LAND IN PROPOSED ANNEXATION: 1.936 acres PRESENT LAND USE: Vacant PROPOSED LAND USE: Meridian Fire District Station PRESENT ZONING DISTRICT: hL PROPOSED ZONING DISTRICT: L -O APPLICANT: City of Meridian (City Clerk Dept.) PHONE: 884-5533 ADDRESS: 33 E Idaho Meridian, ID 83642 ENGINEER, SURVEYOR, OR PLANNER: ,OI` V PHONE: OWNER(S) OF RECORD: City of Meridian (City Clerk Dept.) PHONE:- 888-4433 ADDRESS: SEAL G Signature of Applicant 'APPLICATION FOR REZONE ' CITY OF MERIDIAN — FRANKLIN ROAD FIRE STATION Lot 17, Block 3 of Meridian Business Park Subdivision PARCEIL `#R5672030970'/ 1.936 ACRES, 1. Applicant: City of Meridian 33 E.Idaho Meridian, ID 83642 (208)-888-4:433 2. Property Owner: City of Meridian 33 E. Idaho } Meridian, ID` 83642 ' (208) 888-4433 Warranty Deed attached. 3. Notarized Request for Zoning Amendment: See attached. 4. Legal Description: Lot 17, Block 3 of Meridian Business Park Subdivision. Parcel #R5672030970 (see .attached for `complete metes and bounds description stamped by registered surveyor). 5. Present Land Use: Vacant 6. Proposed Land Use: Meridian Rural Fire District — Fire Station 7. Present Zoning District/Jurisdiction: I -L /City of Meridian 8: Proposed Zoning District: Limited Office (L -O) 9. The subject property, a part of Meridian Business Park Subdivision, was annexed under the I -L zoning district. The City's Zoning & Development Ordinance, Schedule of Use Control (Section 2-409.B), does not permit Public & Quasi -Public Uses (which includes fire stations) to be located in the I -L zone. In order to comply with its current ordinance, the Planning & Zoning Department is submitting this application for a zoning amendment to rezone the subject parcel from I -L zone to the L -O zone, in which Public Uses are permitted outright. 10. The City of Meridian's Fire Department selected this location for a future fire station based on the need for even distribution of fire service throughout the city and accessibility to areas currently underserved by fire protection. The station will be constructed to the specifications and standards outlined for the L -O zone, including all height, bulk, setback and other zoning regulations. T%sv 8. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all riles, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. P Conclusion of Law: 1. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by theP ro osed develo ment Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted by: Planning and Development Staff Date of Commission Action: MRZ99002.COM Page 6 O '� x �$ a ttatlrtaNn A TI Z a m ..9 C19 _ _ _Y£'9S8 M .YO t[.00 5 _ 4� �aaz •off u w« -----w1 ---w�--------ui �» 1 W< ---�-- —� x4 111 _ ms's a a �17Yo\C�>- oU3 U Z vWi z j Jm� an0� p aa�ii Ll ja:_ a V a Z� z W Ln < s 8 - o —d 144- o oZ tz ''e ko I U NN =C7 Z I rm QS7 rra SV j Z O N W br 111 Wp Z 7 ------`- 91 tsvu 'C z - \ jam _ _ ] wtsao n .pZT00908 3 ,047£.00 N G Q W I I� T u4 Z'LLl M ,YO,t£.O£j S 70rid OLL'7ae 'N ni.f --3. 0 3 r » K K £Z'9£S 7£.00 N t msi YII . � " I Y ^d a• c 'trE ] ,watm 7 j 1 Y tC[fE « ,It,1Lap 9 i I » I § �3 _g<aw1 — ui�-1 �--s ms.i A I • ��ems ao'at1 wtcmRt well n wcm s. _r ��5$ia� �S 14-M j4 w'ta �t of I IIR — i _ 8 " =�m I ^6♦ .i sy H O W I • - n tTVZ]• � n /1 '� ,1l,tf�p S : " L9'<91 l ,ro.lcoo n � T, Km ^r Imlmis _ 8o v z z- 8 .I '§ 'f •Y d •1 »I W „� olg - molt u'su n i¢ ss� Y _ _ _ � l a - �:a E•3 B£'Y9l 9r9zf 3 .90.62.00 N ],it.Km n I •• 8 '�/ n y Yom: se- 3 _ � IS = a _ s ,- I • L 8 8 1 I ea'9st ] ,tLttm I 9<'9Sl n lK'm1 j• 51' �_ b� I^ n $ ^I jC.aiaO a � ♦ ;; is is 'I »$ xmicw zc 2a 11•i 6 ` trml 06'6>9 - M S a u = 9§ t d§14° 69'l£ ,LL,LT.00 l M L,L£.00 5 ] • n InNUY 'ILLS IM • P ,L mK _ _ K'[ft »a ! S a$ t0'.t1I/L 00'0277 b� f'SLt . a$ {�� i:at 767 �I n� n� .Sr fi d5 fti a M b�+I ^ -n I,I n m =II bII aII iii In z matt ,pLL'L66 3 LL,LC.00NmoNDla t,!. NOWoOt MOO= S.N►09xSz.T'oa NYLm � oti 4 (A '.:,•A .t.: f HUB OF TREASURE VALLEY Mayor. LEGAL DEPARTMENT -ROBERT D. CORRIE A Good Place to Live (208) 884-4264 Council Memhcu CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (zos) 887-2211 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813"MIv, UING AND ZONING KEITH BIRD EPARTMENT 'FEb 0 9 (208)884-5533 on 1SlJ��tyly77���7��,,. �6Y��,P���'7Lt+.JY4i- �,�y�aic i 1 FL91lk7UkQU1iA�� & za 1�I�Jl TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT'PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 2, 1999 TRANSMITTAL DATE: February 8, 1999 HEARING DATE: March 9, 1999 FILE NUMBER: RZ-99-002 REQUEST: REZONE OF 1.936 ACRES FROM I -L TO L -O BY: CITY OF MERIDIAN LOCATION OF PROPERTY OR PROJECT: NORTH OF FRANKLIN RD, BETWEEN 5T" AVE & BALTIC PLACE TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY ITY ENGINEER CITY PLANNER ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: { R,EcEvIED FEB 0 5 1999 CITY OF MERIDIAN CITY OF KERIDIAN PLANNI U G &c WINING 33 East Idaho Street, Meridian, ID 83642 Phone: (208) 888-4433 FILt Fax: (208) 887-4813 Kz - 9+ coz APPLICATION FOR ANNEXATION AND ZONING OR REZONE PROPOSED NAME OF SUBDIVISION: Meridian Fire District — Franklin Road Fire Station GENERAL LOCATION: N side of Franklin Road between 5t" Ave. and Baltic Place TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): Limited Office — Public Service ACRES OF LAND IN PROPOSED ANNEXATION: 1.936 acres PRESENT LAND USE: Vacant PROPOSED LAND USE: Meridian Fire District Station PRESENT ZONING DISTRICT: I -L PROPOSED ZONING DISTRICT: L -O APPLICANT: City of Meridian (City Clerk DepLh PHONE: 884-5533 ADDRESS: 33 E. Idaho, Meridian, ID 83642 ENGINEER, SURVEYOR, OR PLANNER: ADDRESS: PHONE: OWNER(S) OF RECORD: City of Meridian (City Clerk Dept.�PHONE: 888-4433 ADDRESS: \ Signature of Applicant SE, AL sr j s*� , 1 APPLICATION FOR REZONE CITY OF MERIDIAN — FRANKLIN ROAD FIRE STATION Lot 17, Block 3 of Meridian Business Park Subdivision PARCEL #R5672030970 / 1.936 ACRES 1. Applicant: City of Meridian 33 E. Idaho Meridian, ID 83642 (208) 888-4433 2. Property Owner: City of Meridian 33 E.Idaho Meridian, ID 83642 (208) 888-4433 Warranty Deed attached. 3. Notarized Request for Zoning Amendment: See attached. 4. Legal Description: Lot 17, Block 3 of Meridian Business Park Subdivision. Parcel #R5672030970 (see attached for complete metes and bounds description stamped by registered surveyor). 5. Present Land Use: Vacant 6. Proposed Land Use: Meridian Rural Fire District —Fire Station 7. Present Zoning District/Jurisdiction: I -L /City of Meridian 8. Proposed Zoning District: Limited Office (L -O) 9. The subject property, a part of Meridian Business Park Subdivision, was annexed under the I -L zoning district. The City's Zoning & Development Ordinance, Schedule of Use Control (Section 2-409.B), does not permit Public & Quasi -Public Uses (which includes fire stations) to be located in the I -L zone. In order to comply with its current ordinance, the Planning & Zoning Department is submitting this application for a zoning amendment to rezone the subject parcel from.1-L zone to the L -O zone, in which Public Uses are permitted outright. 10. The City of Meridian's Fire Department selected this location for a future fire station based on the need for even distribution of fire service throughout the city and accessibility to areas currently underserved by fire protection. The station will be constructed to the specifications and standards outlined for the L -O zone, including all height, bulk, setback and other zoning regulations. The adjacent development includes light industrialoffice/commercial/warehouse structures that will not be adversely affected by a fire station. Refer to the attached map for complete details of adjacent development. 11. This proposed zoning amendment falls within the scope and policies of the City's Comprehensive Plan. The "Future Conditions" section of the Public Services, Utilities and Energy Resources chapter (page 36, 37) states that Fire and Life Safety services are listed as one of seven (7) major services which citizens feel have the greatest impact on quality of life. The "Public Safety Goal Statement" (page 41), section 6. 1, states, "To ensure adequate protection for new developments, provisions shall be made for satellite fire stations..." Sub -section 6.15U (page 42) under the same section states, "The recommended service standard for the Meridian/Rural Fire Department shall be based on 24-hour service at the downtown main fire station, with satellite fire stations (locations shown on land -use map) comprising a 10,000 to 15,000 sq. ft. lot with a 3,000 sq. ft. building of residential type construction and character, containing a squad truck and tanker truck, operating personnel and support staff." 12. Map of subject property, scale 1"=100': See attached. 13. Thirty Copies of Vicinity Map: See attached. 14. Surrounding Property Owner List: See attached. 15. Fee: 16. I, William G. Berg, I representative of the City of Meridian, agree to post the subject property on Franklin Road d,e week before the public hearing. 17. I, William G. Berg, a representative of the City of Meridian, have read the contents of this application and ve 'fy that the information contained herein is true and correct. 2 RECOROEO-RE-QUEST0 STEWART TI' I"� �+.✓ (� is icy BOISL",10M�;�� FEE2'yU 0E40UTYJ a'� 191108 0C 2 9 H 4: O o WARRANTY DEED 961UU907 For value received, Meridian Industrial Park, an Idaho general partnership, the grantor, does hereby grant, bargain, sell and convey unto the City of Meridian, an Idaho municipal corporation, the grantee, whose current address is 33 E Idaho, Meridian ID 83642, an undivided 12Y2% interest in all of Lot 17 in Block 3 of Meridian Business Park, a subdivision, according to the official plat thereof as filed in the records of Ada County, Idaho. To have and to hold said premises, with their appurtenances, unto the grantee, its heirs and assigns forever. And the grantor does hereby covenant to and -with the'grantee that it is the owner in fee simple of said premises; that they are free from all encumbrances except assessments, claims, encumbrances, easements, restrictions and rights -of --way apparent or of record; and that it will warrant and defend the same from all lawful claims whatsoever. Dated: 0"k�v 0z V, ( % MERIDIAN INDUSTRIAL PARK By AuthorizecTRepreseritative 'V State of Idaho ) ) ss. County of Ada ) On this day of 1998, before me, the undersigned, a Notary Public in and for said State, personally appeared Winston H. Moore, known or identified to me to be a partner of Meridian Industrial Park, a partnership, and he duly acknowledged to me that he executed the within instrument on behalf of said partnership and that said partnership executed the s me. T �4'`:�� A • i'<i �''�, Notary Public for Idaho I Ji,�°' Residing at " r -Comm Expires /02 -/a- /51- i'0J� : o I s J; 3 J 412 000 J 7' I I � +i 6�ISE, iQA��� 1998 OC 29 F19 4: 06 WARRANTY DEED RECORDED - REQUEST OF STEWART ITU ' FEECz DEPUTY 98108908 For value received, Winston H. Moore and Diane L. Moore, husband and wife, the grantor, does hereby grant, bargain, sell and convey unto the City of Meridian, an Idaho municipal corporation, the grantee, whose current address is 33 E Idaho, Meridian ID 83642, an undivided 871/2% interest in all of Lot 17 in Block 3 of Meridian Business Park, a subdivision, according to the official plat thereof as filed in the records of Ada County, Idaho. To have and to hold said premises, with their appurtenances, unto the grantee, its heirs and assigns forever. And the grantor does hereby covenant to and with the grantee that it is the owner in fee simple of said premises; that they are free from all encumbrances except assessments, claims, encumbrances, easements, restrictions and rights-of-way apparent or of record; and that it will warrant and defend the same from all lawful claims whatsoever. Dated: AM Winston' Moore State of Idaho ) ) ss. County of Ada ) LN X�- - �'. -D Diane L. Moore By !nA�� Winston H. Moore, attney-i - ct On this day of �[�� ��1. 1998, before me, the undersigned, a Notary Public in and for said State, personally appeared Winston H. Moore, known or identified to me to be the same person described in and who executed the within instrument, and he duly acknowledged to me that he executed the same as principal, and additionally that he separately executed the name of Diane L. Moore as principal and his own name as her attorney in fact. Notary Public for Idaho gesiding at t- ;+ Comm Expires j - e REQUEST FOR ZONING AMENDMENT CITY OF MERIDIAN'— FRANKLIN ROAD FIRE STATION February 5; 1999 RE: Request for a Rezone of 1.936 Acres from I -L to Limited Office (L -O) for a Fire Station As City Clerk of the City of Meridian, I, William G. Berg, Jr., hereby request that the Planning & Zoning Commission and City Council approve a rezone of the above-mentioned properties which have already been annexed and are within the City's corporate limits. The subject properties, having been deeded to and owned by the City, are generally located on the North side of Franklin Road between 5th Avenue and Baltic Place. Sincerely, William G. Berg, Jr. y City Clerk State of Idaho ) ): S.S. County of Ada) tt;'Stl#!f!!��/f�fi',/i ,�",N\ _ms's �fWill P7 Qom``; On this daof, 1999, before me, a notary public for said State, personally appeared awr_, , , known to me to be the persons whose name is subscribed to the within instru ent, and acknowledged to me that he executed the same. SO" So jl 1 OTAk IWO 000 � oesoeeee j1� �� °o AG * a • UBLZ eee '%. ., o�e,� o eeeeeeeees x,00 OF 1� P,'�• Notary P is Residing at qe-Ct s e.i-, j j . My Commission Expires i (� •5 aQd ANNEXATION DESCRIPTION FOR THE CITY OF MERIDIAN A parcel located in the SW 1/4 of the SE 1/4 and the SE 1/4 of the SW 1/4 of Section 7, Township 3 North, Range 1 East, Boise Meridian, and containing Lot 17 of Block 3 of the Meridian BusinessPark Subdivision on file in the office of the Recorder, Ada County, Idaho, more particularly described as follows: BEGINNING at a brass cap monument marking the southeasterly corner of said SE 1/4 of the S W %4 (one-quarter corner) from which an aluminum cap monument marking the southwesterly corner of said SE 1/4 of the SW 1/4 bears S 89°20'30" W a distance of 1118.76 feet; Thence S 89°20'30" W along the southerly boundary of said SE 1/4 of the SW 1/4a distance of 37.92 feet to a point; Thence leaving said southerly boundary N 31°46' 19" W a distance of 166.58 feet to a % inch diameter iron pin marking an angle point on the westerly boundary of said Lot 17; Thence N 0°31' 11" E along the westerly boundary of said Lot 17 a distance of 245.09 feet to a %2 inch diameter iron pin marking the northwesterly corner of said Lot 17; Thence S 89°47'03" E along the northerly boundary of said Lot 17 a distance of 255.95 feet to a %z inch diameter iron pin marking the northeasterly corner of said Lot 17; Thence S 0°31'11" W along the easterly boundary of said Lot 17 a distance of 384.79 feet to a point on the southerly boundary of said SW 1/4 of the SE 1/4; Thence S 89°46'06" W a distance of 129.05 feet to the POINT OF BEGINNING. This parcel contains 2.12 acres and is subject to any easements existing or in use. This description was prepared from record information contained on The Meridian Business Park Subdivision official plat. Civil Survey Consultants, Inc. is not responsible for any discrepancies a field survey might disclose. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated February 3, 1999 Franklj-n�, Ro ' ad Fire, Statioln Adjacent Develop,, ment b tenan Omm-ercia f : I I ac an - ft'" Va; pa ]NAda ht ­� a U 4 F I t F4em-i-O 531 flfisr . . ... .�_. A) 0 MW, A' e"c h _ 5 TI P'7M r.-Y VI ant 10 LEGEND Fire Station Site 0 Parcels I 0 200 400 Feet Scale: V= 200' Date: 2/4/99 -Drawn By: SS Franklin Road Fire Station Property Map MERIDIAN CITY COUNCIL MEETING: JANUARY 19 1999 APPLICANT: DEPARTMENT REPORTS ITEM NUMBER: 11C REQUEST: KENNY BOWERS — ZGA CONTRACT FO i�IRESfXMN7— AGENCY COMMENTS CITY CLERK: SEE ATTACHED INFORMATION CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. s Architects and Planners, Chartered Thomas M. Zabala, AIA R. Alan Giltzow, AIA Arthur M. Albanese, AIA Paul D. Marcolina, AIA Members American Institute of Architects 815 Park Boulevard, Suite 350 Boise, Idaho 83712-7737 (208)345-8872 Fax(208)343-7162 e-mail: zga@zga.com Established 1973 15 January 1999 Mr. Ron Anderson Meridian City Hall 33 East Idaho Avenue Meridian, Idaho 83642 Re: Meridian Fire Station Contract Dear Ron, Attached please find the AIA Document B 141 Owner and Architect Agreement, the DRAFT for which was reviewed and discussed at our contract meeting last week. We have made the modifications discussed at that meeting. The only modification not discussed was to add the legal survey including topography to the Architects responsibility, as we felt it would be appropriate for ZGA to organize this activity and more effectively integrate this site information into the construction documents. This is typically an Owner item (see Article 2.2.1.2, pg. 2-3) We are committed to this significant project, and look forward to beginning the preliminary plan review and confirmation as soon as possible! Sincerely, ZGA Architects and Planners, Chartered 0 D. Marcolina, 4dA cc: 9901 19 9 7 ED IT I ON AIA DOCUMENT B141-1997 Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services AGREEMENT made as of the Nineteenth in the year Nineteen Hundred and Ninety Nine. (In words, indicate day, month and year) B E T W E E N the Architect's client identified as the Owner: (Name, address and other information) and the Architect: (Name, address and other information) day of January Meridian Fire Department c/o The City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 ZGA Architects and Planners, Chartered 815 Park Boulevard, Suite 350 Boise, Idaho 83712 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. TABLE OF ARTICLES 1.1 INITIAL INFORMATION 1.2 RESPONSIBILITIES OF THE PARTIES 1.3 TERMS AND CONDITIONS 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.5 COMPENSATION For the following Project: (Include detailed description of Project) Architectural and Engineering Services required for the design, construction documentation, bidding and construction administration for a new fire station of approximately 11,000 s.f. on an identified site of approximately 2 acres east of the City of Meridian and on the north side of Franklin Road_ The Owner and Architect agree as follows. Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 01997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecu- tion. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. m1997 A I A @ AIA DOCUMENT B1414997 STANDARD FORM/ AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 ARTICLE 1.1 INITIAL INFORMATION 1.1.1 This Agreement is based on the following information and assumptions. (Note the disposition for the following items by inserting the requested information or a statement such as "not applicable," "unknown at time of execution" or "to be determined later by mutual agreement.") 1.1.2 PROJECT PARAMETERS 1.1.2.1 The objective or use is: (Identify or describe, if appropriate, proposed use or goals.) . A new fire station for the City of Meridian of approximately 11,000 s.f. to accommodate three (3) drive through truck bays. 1.1.2.2 The physical parameters are: (Identify or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical reports about the site.) The site consists of ± two (2) vacant acres on Franklin Road across from the Cermtary. 1.1.2.3 The Owner's Program is: (Identify documentation or state the manner in which the program will be developed.) The Architect shall develop construction documlents based upon information gathered in mi`etings with the station users to confirm the preliminary plan developed by the Owner. 1.1.2.4 The legal parameters are: (Identify pertinent legal information, including, if appropriate, land surveys and legal descriptions and restrictions of the site.) Legal description to be provided by the Owner, level one site survey to be provided by the Owner. 1.1.2.5 The financial parameters are as follows. .1 Amount of the Owner's overall budget for the Project, including the Architect's compensation, is: To be determri ned. .2 Amount of the Owner's budget for the Cost of the Work, excluding the Architect's compensation, is: Not to exceed $950,350.00. 1.1.2.6 The time parameters are: (Identify, if appropriate, milestone dates, durations or fast track scheduling.) The Bid Documents are to be completed no later than 30 April 1999. 1.1.2.7 The proposed procurement or delivery method for the Project is: (Identify method such as competitive bid, negotiated contract, or construction management.) Bid by a limited list of pre -qualified contractors. 1.1.2.8 Other parameters are: (Identify special characteristics or needs of the Project such as energy, environmental or historic preservation requirements.) Not Applicable. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution ©1997 AIAO AIA DOCUMENT B141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 1.1.3 PROJECT TEAM 1.1.3.1 The Owner's Designated Representative is: (List name, address and other information.) Mr. Ron Anderson, Meridian City Council Merrber. 1.1.3.2 The persons or entities, in addition to the Owner's Designated Representative, who are required to review the Architect's submittals to the Owner are: (List name, address and other information.) Not Applicable. 1.1.3.3 The Owner's other consultants and contractors are: (List discipline and, if known, identify them by name and address.) Not Applicable. 1.1.3.4 The Architect's Designated Representative is: (List name, address and other information.) Paul D. Marcolina, AIA 1.1.3.5 The consultants retained at the Architect's expense are: (List discipline and, if known, identify them by name and address.) Civil Engineer - Pinnacle Engineers, 870 N. Linder, Suite B, Meridian, Idaho 83642 Structural Engineer - Pinnacle Engineers, 870 N. Linders, Suite B, Meridian, Idaho 83642 Mechanical Engineer - Musgrove Engineering, 410 South Orchard, Suite 184, Boise, Idaho 83705 Electrical Engineer - Eidam and. -Associates, 815 Park Boulevard, Suite 230, Boise, Idaho 83712 1.1.4 Other important initial information is: 1.1.5 When the services under this Agreement include contract administration services, the General Conditions of the Contract for Construction shall be the edition of AIA Document A201 current as of the date of this Agreement, or as follows: Not Applicable. 1.1.6 The information contained in this Article 1.1 may be reasonably relied upon by the Owner and Architect in determining the Architect's compensation. Both parties, however, recognize that such information may change and, in that event, the Owner and the Architect shall negotiate appropriate adjustments in schedule, compensation and Change in Services in accordance with Paragraph 1.3.3• WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. ©1997 AIAO AIA DOCUMENT B141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES 1.2.1 The Owner and the Architect shall cooperate with one another to fulfill their respective obligations under this Agreement. Both parties shall endeavor to maintain good working relationships among all members of the Project team. 1.2.2 OWNER 1.2.2.1 Unless otherwise provided under this Agreement, the Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project. The Owner shall furnish to the Architect, within 15 days after receipt of a written request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. 1.2.2.2 The Owner shall periodically update the budget for the Project, including that portion allocated for the Cost of the Work. The Owner shall not significantly increase or decrease the overall budget, the portion of the budget allocated for the Cost of the Work, or contingencies included in the overall budget or a portion of the budget, without the agreement of the Architect to a corresponding change in the Project scope and quality. 1.2.2.3 The Owner's Designated Representative identified in Paragraph 1.1.3 shall be authorized to act on the Owner's behalf with respect to the Project. The Owner or the Owner's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 1.2.2.4 The Owner shall furnish the services of consultants other than those designated in Paragraph 1.1.3 or authorize the Architect to furnish them as a Change in Services when such services are requested by the Architect and are reasonably required by the scope of the Project. 1.2.2.5 Unless otherwise provided in this Agr'eemenf, the Owner shall furnish tests, inspections and reports required by law or the Contract'Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. 1.2.2.6 The Owner shall furnish all legal; insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet'the Owner's needs and interests. y 1.2.2.7 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service. 1.2.3 ARCHITECT 1.2.3.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Article 1.4. 1.2.3.2 The Architect's services shall be performed as expeditiously as is -consistent with professional skill and care and the orderly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's seMces which initially shall be consistent with the time "periods established in Subparagraph 1.1.2.6 and which'shall be adjusted, if necessary, as the Project proceeds. This schedule shall include allowances for periods of time required for the Owner's review, for the Performance of the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. ©1997 AIA® AIA DOCUMENT 81414997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 I .3 decisions of the Owner not rendered in a timely manner; .4 significant change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget, or procurement method; .5 failure of performance on the part of the Owner or the Owner's consultants or contractors; .6 preparation for and attendance at a public hearing, a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto; .7 change in the information contained in Article 1.1. 1.3.4 MEDIATION 1.3.4.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with .applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by arbitration. 1.3.4.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The request may be made concurrently with the filing of. a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 6o days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. 1.3.4.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 1.3.5 ARBITRATION 1.3.5.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes by mediation in accordance with Paragraph 1.3.4• 1.3.5.2 Claims, disputes and other matters in question between the parties that are not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. 1.3.5.3 A demand for arbitration shall be made within a reasonable time after the claim, dispute 0 0 or other matter in question has arisen. In no event shall the demand for arbitration be made after oo..00 the date when institution of legal or equitable proceedings based on such claim, dispute or other r_�_ matter in question would be barred by the applicable statute of limitations. m1997 AIA® AIA DOCUMENT B141-1997 STANDARD FORM —1.3.5.4 No arbitration arising out of or relating to this Agreement shall include, by consolidation AGREEMENT or joinder or in any other manner, an additional person or entity not a party to this Agreement, except by written consent containing a specific reference to this Agreement and signed by the The American Institute Owner, Architect, and any other person or entity sought to be joined. Consent to arbitration of Architects involving an additional person or entity shall not constitute consent to arbitration of any claim, 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. 1.3.5.5 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect and the Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Paragraph 1.3.8. 1.3.7 MISCELLANEOUS PROVISIONS 1.3.7.1 This Agreement shall be governed by the law of the principal place of business of the Architect, unless otherwise provided in Paragraph 1.4.2. 1.3.7.1 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A2o1, General Conditions of the Contract for Construction, current as of the date of this Agreement. 1.3.7.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations commence to run any later than the date when the Architect's services are substantially completed. 1.3.7.4 To the extent damages are covered by property insurance during construction, the Owner and the Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. 1.3.7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 1.3.7.6 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. ,_.L3.7-7. TheArchitectshall have the rightto include photographic or artistic representationsof the .-alesi,gn..of.the_Pro}ectamong the Architect's .promotional and -professional materials. The Archi4ect ...shall_be.given. reasonable .access to the completed Project -to make such representations. Howeaer, hI th&Architect's materials shall not include the Owner's confidentiahor-proprietary informatiiut if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for _.-._the Architect in the Owner's promotional materials for the Project. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. Q 1997 AIA® AIA DOCUMENT B141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 1.3.9 PAYMENTS TO THE ARCHITECT 1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall be made monthly upon presentation of the Architect's statement of services. No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable. 1.3.9.2 Reimbursable Expenses are in addition to compensation for the Architect's services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following Clauses: .1 transportation in connection with the Project, authorized out-of-town travel and subsistence, and electronic communications; .2, fees paid for securing approval of authorities having jurisdiction over the Project; .3 reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service; .4 expense of overtime work requiring higher than regular rates if authorized in advance by the Owner; .s renderings, models and mock-ups requested by the Owner; .6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; .7 reimbursable expenses as designated in Paragraph 1.5.5; .a other similar direct Project -related expenditures. 1.3.9.3 Records of Reimbursable Expenses, of expenses pertaining to a Change in Services, and of services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall .be available to the Owner or the Owner's authorized representative at mutually convenient times. 1.3.9.4 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and .similar contributions. ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.4.1 Enumeration of Parts of the Agreement. This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. This Agreement comprises the documents listed below. 1.4.1.1 Standard Form of Agreement Between Owner and Architect, AIA Document B141-1997 1.4.1.2 Standard Form of Architect's Services: Design and Contract Administration, AIA Document B141-1997, or as follows: (List other documents, if any, delineating Architect's scope of services.) 1.4.1.3 Other documents as follows: (List other documents, if any, forming part of the Agreement.) WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 01997 A I A 0 AIA DOCUMENT B141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows: Not Applicable. ARTICLE 1.5 COMPENSATION 1.5.1 For the Architect's services as described under Article 1.4, compensation shall be computed as follows: Compensation shall be Sixty Five Thousand Dollars ($65,000.00). Refer to Article 2.9 for allocation of progress paymmnts by service phase. 1.5.2 If the services of the Architect are changed as described in Subparagraph 1.3.3.1, the Architect's compensation shall be adjusted. Such adjustment shall be calculated as described below or, if no method of adjustment is indicated in this Paragraph 1.5.2, in an equitable manner. (Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, if required. Identify specific services to which partic- ular methods of compensation apply) 1.5.3 For a Change in Services of the Architect's consultants, compensation shall be computed as a multiple of One Hundred Fifteen Percent ( 115% ) times the amounts billed to the Architect for such services. 1.5.4 For Reimbursable Expenses as described in Subparagraph 1.3.9.2, and any other items included in Paragraph 1.5.5 as Reimbursable Expenses, the compensation shall be computed as a multiple of One Hundred Ten Percent ( 110' ) times the expenses incurred by the Architect, and the Architect's employees and consultants. 1.5.5 Other Reimbursable Expenses, if any, are as follows: Not Applicable. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. I I Q 1997 AIA® AIA DOCUMENT B141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 1.5.6 The rates and multiples for services of the Architect and the Architect's consultants as set forth in this Agreement shall be adjusted in accordance with'their normal salary review practices. 1.5.7 An initial payment of Zero Dollars ($ 0.00 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account at final payment. Subsequent payments for services shall be made monthly, and where applicable, shall be in proportion to services performed on the basis set forth in this Agreement. 1.5.8 Payments are due and payable Thirty ( 30 ) days from the date of the Architect's invoice. Amounts unpaid Thirty ( 30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of interest agreed upon.) One and One Half Percent per month (187. per annum) to be applied to the unpaid portion of paymnts thirty (30) days after invoice date. Paynent shall be applied to interest fiIrst, then to principal. (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owners and Architect's principal places of business, the location of thke Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 1.5.9 If the services covered by this Agreement have not been completed within Eighteen ( 18 ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Paragraph 1.5.2. This Agreement entered into as of the day and year first written above. The City of Meridian ZGA Archi is and Planners, Chartered O WN E R (Signature) R C H I T E C T (Sign/ture) Mayor Robert D. Corrie Paul D. Marcolina, AIA Corporate Director (Printed name and title) (Printed name and title) City Clerk signature CAUTION: You should sign an original AIA document or a licensed reproduction. Originals contain the AIA logo printed in red; licensed reproductions are those produced in accordance with the Instructions to this document. William.. G. Berg, Jr. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. ©1997 A I A @ AIA DOCUMENT B141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. I 19 9 7 ED IT I ON AIA DOCUMENT Standard Form of Architect's Services: Design and Contract Administration TABLE OF ARTICLES 2.1 PROJECT ADMINISTRATION SERVICES 2.2 SUPPORTING SERVICES 2.3 EVALUATION AND PLANNING SERVICES 2.4 DESIGN SERVICES 2.5 CONSTRUCTION PROCUREMENT SERVICES 2.6 CONTRACT ADMINISTRATION SERVICES 2.7 FACILITY OPERATION SERVICES 2.8 SCHEDULE OF SERVICES 2.9 MODIFICATIONS Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 01997 by The American I Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecu- tion. WARNING: Unlicensed Dhotocoovino violates U.S. coovrioht laws and will subiect the violator to leoal oroseaition. B141-1997 This document has impor- tant legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. iq!=: •iiv� �� ©1997 A I A @ AIA DOCUMENT B141-1997 STANDARD FORM SERVICES The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 2.1.7.3 In preparing estimates of the Cost of the Work, the Architect shall be permitted Jinclude contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to N make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work oto meet the Owner's budget for the Cost of the Work. If an increase in the Contract Sum occurring after execution of the Contract between the Owner and the Contractor causes the budget for the Cost of the Work to be exceeded, that budget shall be increased accordingly. 2.1.7.4 If bidding or negotiation has not commenced within go days after the Architect submits the Construction Documents to the Owner, the budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the construction industry. 2.1.7.5 If the budget for the Cost of the Work is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Subparagraph 1.3.8.5; or .4 cooperate in revising the Project scope and quality as required to reduce the Cost of the Work. 2.1.7.6 If the Owner chooses to proceed under Clause 2.1.7.5.4, the Architect, without additional compensation, shall modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the budget for the Cost of the Work. The modification of such documents shall be the limit of the Architect's responsibility under this Paragraph 2.1.7. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not construction is commenced. ARTICLE 2.2 SUPPORTING SERVICES 2.2.1 Unless specifically designated in Paragraph 2.8.3, the services in this Article 2.2 shall be provided by, the Owner or the Owner's consultants and contractors. 2.2.1.1 The Owner shall furnish a program setting forth the Owner's objectives, schedule, :._constraints and criteria, including space requirements and relationships, special equipment, systems and site requirements. 2.2.1.2 The rC tsflCaI1 furnish surveys to describe .physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The I-surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations,ldimen- sions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. 2.2.1.3 The Owner shall furnish services of geotechnical engineers which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests,Mevalua- tions of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. u ©1997 AIA® AIA DOCUMENT B141-1997 STANDARD FORM SERVICES The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 ARTICLE 2.5 CONSTRUCTION PROCUREMENT SERVICES 2.5.1 The Architect shall assist the Owner in obtaining either competitive bids or negotiated proposals and shall assist the Owner in awarding -and preparing contracts for constructidn. o 2.5.2 The Architect shall assist the Owner in establishing a list of prospective biddersior con- tractors. 2.5.3 The Architect shall assist the Owner in bid validation or proposal evaluation and determi- nation of the successful bid or proposal, if any. If requested by the Owner, the Architect shall noti- fy all prospective bidders or contractors of the bid or proposal results. 2.5.4 COMPETITIVE BIDDING 2.5.4.1 Bidding Documents shall consist of bidding requirements, proposed contract forms, General Conditions and Supplementary Conditions, Specifications and Drawings. 2.5.4.2 If requested by the Owner, the Architect shall arrange for procuring the reproduction of Bidding Documents for distribution to prospective bidders. The Owner shall pay directly for the cost of reproduction or shall reimburse the Architect for such expenses. k 2.5.4.3 If requested by the Owner, the Architect shall distribute the Bidding Documents to prospective bidders and request their return upon completion of the bidding process. The Architect shall maintain a log of distribution and retrieval, and the amounts of deposits, if any, received from and returned to prospective bidders. 2.5.4.4 The Architect shall consider requests for substitutions, if permitted by the Bidding Documents, and shall prepare and distribute addenda identifying approved substitutions to all prospective bidders. 2.5.4.5 The Architect shall participate in or, at the Owner's direction, shall organize and conduct a pre-bid conference for prospective bidders. 2.5.4.6 The Architect shall prepare responses to questions from prospective bidders and provide clarifications and interpretations of the Bidding Documents to all prospective bidders in the form of addenda. INITIAL 2.5.4.7 The Architect shall participate in or, at the Owner's direction, shall organize and conduct the opening of the bids. The Architect shall subsequently document and distribute the bidding results, as directed by the Owner. I 2.5.5 51.5.5.2 if requested 15'Y tile Gwrter; the 14ehiteet shall ar-r-attge foF pr.8Ettring ihe rev'r-04-deti-aft OF IIIA 0 the east of repradtietion at: shall r-eiffibur-se the AFAiwEt for. succk . o00 2.5.5.3 4 reqttested by the Owner, 'I-- 'k-Ait— -'811 efgetnii�e an iC�1_tfa i ;R1gctiAp :..+p.- © 19 97 A I A AIA DOCUMENT B1414997 STANDARD FORM SERVICES The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 2.6.2 EVALUATIONS OF THE WORK 2.6.2.1 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Architect in Article 2.8, (>) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. 2.6.2.2 The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. 2.6.2.3 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 2.6.2.4 Except as otherwise provided in this Agreement or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. 2.6.2.5 The Architect shall have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. 2.6.3 CERTIFICATION OF PAYMENTS TO CONTRACTOR 2.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue Certificates for Payment in such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as pro- vided in Paragraph 2.6.2 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowl- edge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (>) to an evaluation of the Work for con- formance with the Contract Documents upon Substantial Completion, (2) to results of subse- quent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. ©1997 AIAO AIA DOCUMENT B141-1997 STANDARD FORM SERVICES The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 determines that requested changes in the Work are not materially different from the requirements of the Contract Documents, the Architect may issue an order for a minor change in the Work or recommend to the Owner that the requested change be denied: 2.6.5.3 If the Architect determines that implementation of the requested changes would result in a material change to the Contract that may cause an adjustment in the Contract Time or Contract Sum, the Architect shall make a recommendation to the Owner, who may authorize further investigation of such change. Upon such authorization, and based upon information furnished by the Contractor, if any, the Architect shall estimate the additional cost and time that might result from such change, including any additional costs attributable to a Change in Services of the Architect. With the Owner's approval, the Architect shall incorporate those estimates into a Change Order or other appropriate documentation for the Owner's execution or negotiation with the Contractor. 2.6.5.4 The Architect shall maintain records relative to changes in the Work. 2.6.6 PROJECT COMPLETION 2.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. 2.6.6.2 The Architect's inspection shall be conducted with the Owner's Designated Representative to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. 2.6.6.3 When the Work is found to be substantially complete, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including any amounts needed to pay for final completion or correction of the Work. 2.6.6.4 The Architect shall receive from the Contractor and forward to the Owner: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment and (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens. ARTICLE 2.7 FACILITY OPERATION SERVICES 2.7.1 The Architect shall meet with the Owner or the Owner's Designated Representative promptly after Substantial Completion to review the need for facility operation services. 2.7.2 Upon request of the Owner, and prior to the expiration of one year from the date of fi ll Substantial Completion, the Architect shall conduct a meeting with the Owner and the Owner's oDesignated Representative to review the facility operations and performance and to make — appropriate recommendations to the Owner. r--= ©1997 AIAO AIA DOCUMENT B141-1997 STANDARD FORM SERVICES The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. ARTICLE 2.8 SCHEDULE OF SERVICES 2.8.1 Design and Contract Administration Services beyond the following limits shall be provided by the Architect as a Change in Services in accordance with Paragraph 1.3.3: .1 up to Not Applicable ( ) reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor. .2 up to Not Applicable ( ) visits to the site by the Architect over the dura- tion of the Project during construction. .3 up to Not Applicable ( ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents. .4 up to Not Applicable ( ) inspections for any portion of the Work to deter- mine final completion. 2.8.2 The following Design and Contract Administration Services shall be provided by the Architect as a Change in Services in accordance with Paragraph 1.3.3: .1 review of a Contractor's submittal out of sequence from the submittal schedule agreed to by the Architect; .2 responses to the Contractor's requests for information where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner -provided information, Contractor -prepared coordination drawings, or prior Project correspondence or documentation; .3 Change Orders and Construction Change Directives requiring evaluation of proposals, including the preparation or revision of Instruments of Service; .4 providing consultation concerning replacement of Work resulting from fire or other cause during construction; .s evaluation of an extensive number of claims submitted by the Owner's consultants, the Contractor or others in connection with the Work; .6 evaluation of substitutions proposed by the Owner's consultants or contractors and making subsequent revisions to Instruments of Service resulting therefrom; .7 preparation of design and documentation for alternate bid or proposal requests pro- posed by the Owner; or .8 Contract Administration Services provided 6o days after the date of Substantial Completion of the Work. 2-10 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. ©1997 AIAO AIA DOCUMENT B141-1997 STANDARD FORM SERVICES The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 2.8.3 The Architect shall furnish or provide the following services only if specifically designated: Services Responsibility Location of Service (Architect, Owner or Not Provided) Description .1 Programming .2 Land Survey Services .3 Geotechnical Services .4 Space Schematics/Flow Diagrams .5 Existing Facilities Surveys .6 Economic Feasibility Studies .7 Site Analysis and Selection .8 Environmental Studies and Reports .9 Owner -Supplied Data Coordination .10 Schedule Development and Monitoring .11 Civil Design .12 Landscape Design .13 Interior Design .14 Special Bidding or Negotiation .15 Value Analysis .16 Detailed Cost Estimating .17 On -Site Project Representation .18 Construction Management .19 Start -Up Assistance .20 Record Drawings .21 Post -Contract Evaluation .22 Tenant -Related Services .23 .24 .25 Description of Services. (Insert descriptions of the services designated.) WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. Q 1997 AIAO AIA DOCUMENT 8141-1997 STANDARD FORM SERVICES The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 ARTICLE 2.9 MODIFICATIONS 2.9.1 Modifications to this Standard Form of Architect's Services: Design and Contract Administration, if any, are as follows: 2.4.2 Architect shall confirm and finalize preliminary plan and elevations produced by the Owner to comply with applicable codes and to incorporate any minor modifications to that preliminary plan prior to commencing with Construction Documents. 2.9.1.1 Where compensation is based upon a stipulated sum, progress payment for basic services in each phase shall total the following percentages of the tctal basic Compensation available: Design Development/Pian Confirmation - IN Construction Documentation Phase - 55% Bidding - 1N Construction Administration Services - 25% Compensation - 100% By its execution, this Standard Form of Architect's Services: Design and Contract Administration and modifications hereto are incorporated into the Standard Form of Agreement Between the Owner and Architect, AIA Document B141-1997, that was entered into by the parties as of the date: 19 January 1999. The City of Meridian ZGA Architects and Planners, Chartered O W N E R (Signature) May Robert D. Corrie (Printed name and title) RCHITECT(Sign lure) VAN 711w, Nflez •:j j:1 Paul D. Marcolina, AIA Corporate Director (Printed name and title) o 9 9 AIA AIA DOCUMENT 8141-1997 City Clerk signature CAUTION:You should sign an original AIA document or a licensed reproduction. Originals contain the AIA logo printed in red; licensed reproductions are those produced in accordance with the Instructions to this document. William G. Burg, Jr., City Clerk WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. STANDARD FORM SERVICES The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 0 1.2.3.3 The Architect's Designated Representative identified in Paragraph 1.1.3 shall be authorized to act on the Architect's behalf with respect to the Project. 1.2.3.4 The Architect shall maintain the.confidentiality of information specifically designated as confidential by the Owner, unless withholding such information would violate the law, create the risk of significant harm to the public or prevent the Architect from establishing a claim or defense in an adjudicatory proceeding. The Architect shall require of the Architect's consultants similar agreements to maintain the confidentiality of information specifically designated as confidential by the Owner. 1.2.3.5 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. 1.2.3.6 The Architect shall review laws, codes, and regulations applicable to the Architect's services. The Architect shall respond in the design of the Project to requirements imposed by governmental authorities having jurisdiction over the Project. 1.2.3.7 The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any errors, omissions or inconsistencies in such services or information. ARTICLE 1.3 TERMS AND CONDITIONS 1.3.1 COST OF THE WORK 1.3.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed, the estimated cost to the Owner of all elements of the Project designed or specified by the Architect. 1.3.1.2 The Cost of the Work shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by ,z the Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work. 1.3.1.3 The Cost of the Work does not include the compensation of the Architect and the Architect's consultants, the costs of the land, rights-of-way and financing or other costs that are the responsibility of the Owner. 1.3.2 INSTRUMENTS OF SERVICE 1.3.2.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service for use sole- d o ly with respect to this Project. The Architect and the Architect's consultants shall be deemed the 00 o� authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. (D1997 AIAO AIA DOCUMENT B141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 1.3.2.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce the Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. Any termination of this Agreement prior td completion of the Project shall terminate this license. Upon such termination, the Owner shall refrain from making further reproductions of Instruments of Service and shall return to the Architect within seven days of termination all originals and reproductions in the Owner's possession or control. If and upon the date the Architect is adjudged in default of this Agreement, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project. 1.3.2.3 Except for the licenses granted in Subparagraph 1.3.2.2, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. However, the Owner shall be permitted to authorize the Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in Subparagraph 1.3.2.2. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. The Owner shall not use the Instruments of Service for future additions or alterations to this Projector for other projects, unless the Owner obtains the prior written agreement of the Architect and the Architect's consultants. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. 1.3.2.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner providing to the Architect any electronic data for incorporation into the Instruments of Service, the Owner and the Architect shall by separate written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations or licenses not otherwise provided in this Agreement. 1.3.3 CHANGE IN SERVICES 1.3.3.1 Change in Services of the Architect, including services required of the Architect's consultants, may be accomplished after execution of this Agreement, without invalidating the Agreement, if mutually agreed in writing, if required by circumstances beyond the Architect's control, or if the Architect's services are affected as described in Subparagraph 1.3.3.2. In the absence of mutual agreement in writing, the Architect shall notify the Owner prior to providing such services. If the Owner deems that all or a part of such Change in Services is not required, the Owner shall give prompt written notice to the Architect, and the Architect shall have no obligation to provide those services. Except for a change due to the fault of the Architect, Change in Services of the Architect shall entitle the Architect to an adjustment in compensation pursuant to Paragraph 1.5.2, and to any Reimbursable Expenses described in Subparagraph 1.3.9.2 and Paragraph 1.5.5• 1.3.3.2 If any of the following circumstances affect the Architect's services for the Project, the Architect shall be entitled to an appropriate adjustment in the Architect's schedule and compensation: .1 change in the instructions or approvals given by the Owner that necessitate revisions -in Instruments of Service; .2 enactment or revision of codes, laws or regulations or official interpretations which necessitate changes to previously prepared Instruments of Service; WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. ©1997 AIA® AIA DOCUMENT B141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292